Birmingham age-herald. [volume] (Birmingham, Ala.) 1890-1895, 1895-03-06
Granted the Mayor and Aldermen
of Birmingham
BY AMENDMENT OF CHARTER
The City Cut Into Nine Inde-
pendent Wards-You Now
Pay for What You Get.

The following act OF the last general as
sembly of Alabama is published for the in
formation of the citizens of Birmingham,
and will be read by them with interest:
No. 434. AN ACT 8. 376.
To confer additional powers on the mayor
and aldermen of Birmi gham, and to
amend the charter thereof.
Section 1. Be it enacted by the general as
sembly OF Alabama, That whenever the
mayor and aldermen of Birmingham shall
determine it is absolutely necessary for the
safety and we'll being of the city to pave or
otherwise improve any street, alley side
walk, or either, or construct any storm
water, or sanitary sewer, it shall be their
duly to ascertain the proposed cost of such
pavement or improvement, or construc-
ton, and to pass an ordinance that such
h. Improvement or work shall be done, aud
such ordinance shall name the location and
terminal points OF such Improvement or
construction, and estimated cost thereof.
Said ordinance shall be pu blished at least
three times in daily paper published in
said city. No improvement or construc-
tion shall begin or assessment as herein
after provided be levied for thirty days
after the publication of said ordinance, in
order that parties feeling sggiieved may
have an opportunity during that time to
appear be fore the said mayor and alder.
men and state their objections thereto.
Sec. 2. Be it further enacted, That after
said thirty days shall have expired the
mayor and aldermen shall be, and are
hereby authorized aud empowered to do
such improvement, to levy such assess
ment and issue bonds or certificates OF
assessment to an amount not greater than
the amount named in such ordnance.
Said bonds or certificates OF assessment
shall be in coupon form, bearing interest
not greater than per cent per annum, pay
able an nnuaIly, in equal installments, and
10 IN tor pnf fhan IA fr,v
date of issuance. Said bonds or certifi-
Gates of assessment shall be signed by the
mayor and clerk OF said city. and each
shall be numbered and be of such denomi-
nations as 10 express and include sepa-
rately each assessment as hereinafter pro-
vided TOR against each piece or parcel OF
property SO improved and benefited under
this act.
Each of such series of bonds or certifi-
Gates oil assessment Issued under and by
virtue OF this act shall name the street, al
ley or sidewalk SO improved or sewer con-
structed. Such bonds or certificates of as
sessment when issued shall have all the
rights and properties OF com mercial paper /,
and shall transfer 10 the owner thereof all
the right and interest of the mayor and
aldermen OF the city OF Birmingham in and
to such assessment as hereinafter provided
for and thereby created, with full power
to enforce the collection thereof by forclo-
cure or otherwise under the provisions OF
this act. And the said mayor and alder
men OF Birmingham are hereby fully au-
thoriz and empowered to pass all such
ordinances as may be necessary to make
full provision for their character ard stip-
ulatlons.
Sec. 8. Be it further enacted, That the
said mayor and aldermen of Birmingham
shall assess against the said lots or parcels
OF ground or properly SO improved the
several amounts which should be SO as
sessed for aud on account of such improve
ment, and such amounts SO assessed shall
correspond to and be equal in each instan ce
to the amount named in each bond and GER
tificate OF assessment. All assess men is
made and levied by the mayor and alder
men OF Birmingham under and by virtue
OF this act shall be lien upon the property
OF the person or corporation from whom
such assessments may be due, prior to all
othe- liens, except that of the state and
county for taxes. Any mistakes in the de-
scription of the property or The name OF th Q
owner thereof shall not vitiate in any de-
gree whatsoever the lien of such ASSESS
ment. But such assessment shall not In
clude the cost of paving between the tracks
and for 18 inches on each side thereof of
any street, electric or other railroad upon
such streets as provided for in any grant
or franchise therefor by the said city upon
such street.
Sec. 4. pe it further enacted, That the
proceeds arising from any sale OF
said bonds or certificates OF as
tue OF this act shall not be used BY the
city of Birmingham for any other purpose
Whatsoever than the Laving or improving
of the streets, alleys or sidewalks, or
building sewers, including cost OF issuing
said bonds or certificates of assessment t
under the ordinance authorizing and issu-
ing the same. Nor shall the mayor ana al
dermen OF Birmingham, or any officer or
officials OF said city, use any OF said money
for any other purpose whatsoever than the
purposes above Indicated; and IL such Old
cials should so uye any Of said money for
be construed as an embezziement and sub
feet to all the penalties thereof.
Sec. 8. Be 1t further enacted, That it
shall be lawful for the n ayor and aldermen
of Birmingham to provide by ordinance for
issuance OF bonda or certificates of assess
ment under this act to contractors who
under contract with the city shall have
constructed such improvements in pay
ment thereof, and such issuance to con-
tractor st all transfer to the con tractor or
his assigns all the right and interest OF said
city In and with respect to every such assess-
ment and the lien thereby created against
the property OF such owner as shall have
been assessed.
Sec. 6. Be 1t further enacted, That all
assessments made under and by virtue of
this act shall be due and payable at such
time as may be fixed by ordinance author
tzing the same. Persons or corporations
desiring to avail themselves OF the provi-
sions for the payment of the same in equal
annual installments must SO state and re-
quest In writing within ten days from such
uate and file the same with the city treas
urer In writing, and upon such statement
In writing the mayor and aldermen are
hereby authorized TO issue annual install-