Whenever said Council shall exercise the powers conferred in
the foregoing section it shall appoint a Committee to prepare a descriptive
survey of the improvement contemplated, with a careful estimate of
the cost of completing the same, and to confer and agree with the
parties interested as to the damages and special benefits on account
of said improvements, and the report of said Committee having been accepted
and recorded, and said agreement having been ratified, and the damages
having been paid to the parties entitled thereto or deposited to their
credit in the City Treasury, said Council may proceed with the completion
of said improvement and with all acts incident to that purpose, without
further liability. If said Council by its Committee shall be unable
to agree with the parties interested as to the damages or benefits
on account of any such improvements, any Judge of the Superior Court
may, upon application of said city, after causing such notice of the
pendency of said application as he shall deem reasonable, appoint
three judicious and disinterested freeholders to estimate such damages
and benefits, which Committee having been duly sworn, and having given
such notice of the time and place of their meeting for the purposes
aforesaid as such Judge shall direct, shall meet at the time and place
designated, and, having heard all the parties in interest who shall
appear before it, shall proceed to appraise the damages to and assess
the benefits against the proper persons, land, or other property specially
benefited or damaged. Thereupon said Committee shall report in writing
to said Judge who may confirm, correct, or set aside said report as
he may deem just, in which latter case a Committee to be appointed
by said Judge, after notice as hereinbefore prescribed, shall proceed
as before, and their report, being finally accepted by said Judge,
shall be recorded by the Clerk of the Superior Court for Fairfield
County, and the award of damages and benefits therein contained shall
be final between the parties, and all papers connected with the case
shall be delivered to the Clerk of the Town Court of Norwalk who shall
keep the same on file for public inspection. Such damages having been
paid or deposited as hereinbefore provided, said Council may complete
said public improvements and do all acts incident to that purpose
without further liability in the premises.
(Sp. Laws 1913, No. 352, § 136.)
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