| Home | What's New | Index | Search | History | Legal Issues | Get Involved | Related Links |

Legal Issues

1893 Legislation Passed by the Connecticut General Assembly

Note: The text of this act was transcribed from a poor copy, and while we tried to ensure fidelity to the original, we cannot guarantee it. If any reader has a clear copy and can offer corrections, please e-mail us.

[Substitute for Senate Joint Resolution No. 109.]

[252.]

AUTHORIZING THE CITY OF WATERBURY TO INCREASE ITS WATER SUPPLY.

Resolved by this Assembly:

Section 1. That the court of common council of the city of Waterbury, in addition to the powers heretofore granted, is hereby authorized and empowered to take and convey from any or all brooks, rivers, springs, ponds, lakes, and reservoirs within the limits of the county of New Haven or of the county of Litchfield, such supply of water as the necessities or convenience of the inhabitants of said city may require.

Section 2. The court of common council of said city is hereby empowered, and it shall be its duty, by committee or otherwise, to ascertain a feasible place for the introduction and proper distribution of water into and through the town and city of Waterbury, and into and through such other towns, cities, villages, and boroughs as may be found by said court convenient and expedient; to employ engineers, surveyors, and others with reference thereto; to estimate the probable cost of carrying its plans into execution; to make contracts with the proprietors of any estate, real, personal, or mixed, or of any franchise, right, or privilege which shall be required for the purpose.

Section 3. Whenever any plan shall be agreed upon by said court of common council, the said court of common council shall thereupon immediately be empowered to take and hold for and in behalf of said city any lands or other estate necessary, situated in New Haven county or in Litchfield county, for the construction of any dams, canals, aqueducts, reservoirs, pipe lines, or other work for conveying or containing water, or for the erection and construction of any buildings or machinery, or for laying any pipes or conductors for conveying water from either of said counties, or from any town in either of said counties, into or through said town and city of Waterbury, or into or through any other town or city, village or borough, or to secure and maintain any portion of the water-works aforesaid; and in general, to do any other acts necessary or convenient for accomplishing the purposes contemplated by this act, and to distribute said water through said town and city of Waterbury and elsewhere, as may be determined by the court of common council of said city; to establish hydrants; to prosecute or defend any action against any person or corporation for the breach of any contract, or the violation of any obligation or duty relating to said water-works or the management of the same, or the distribution of the water, or for money due for the use of the water, or for any injury, or trespass, or nuisance affecting the water, machinery, pipes, buildings, apparatus, or other things pertaining to said water-works, or for any improper use of the water or any wasting thereof, or upon any contract or promise made by said court of common council or with their predecessors or successors.

Section 4. Said court of common council is hereby authorized to enter in or upon any land or water for the purpose of making surveys, and to agree with the owner or owners of any property or franchise which may be required for the purpose of this act as to the amount of compensation to be paid to such owner or owners. And in case of disagreement between said board and any owner or owners as to such compensation, or as to the amount of damages which ought to be awarded to any person or persons or corporation claiming to be injured in his estate by the doings of said court of common council, or in case any such owner shall be an infant, or married woman, or insane, or absent from this state, or unknown, or the owner of a contingent or uncertain interest, any judge of the superior court may, on application of either party, cause such notice to be given of such application as such judge shall see fit to prescribe, and after proof thereof shall appoint three disinterested persons, who shall examine such property so to be taken, injured, or damaged by the doings of said court of common council; and they being sworn to a faithful discharge of their duties shall estimate the amount of compensation which said owners shall receive, and report the same in writing to the clerk of the superior court for New Haven county, to be by him recorded. Said judge may confirm the doings of said appraisers; and make the payment to the individual or corporation of the amount of damages so ascertained as aforesaid, or the deposit thereof in the treasury of said city, the said court of common council may proceed with the construction of said works. And several persons or corporations or owners of different rights of property or franchises may be made parties and embraced in the same application, their respective interests or rights being therein described.

Section 5. Said court of common council shall also be empowered to make use of ground or soil under any road, railroad, highway, street, private way, lane, or alley, within any of the towns of Litchfield or New Haven counties for the purpose of constructing the work contemplated in this act, but shall in all cases cause the surface of such road, railroad, highway, street, private way, lane, or alley to be restored to its usual condition, and damages done thereto to be appraised, and all damages sustained by any person or corporation in consequence of the interruption of travel to be paid to such person or corporation.

Section 6. All acts and parts of acts inconsistent herewith are hereby [illegible]sled

Approved, April 25, 1893