Birmingham age-herald. [volume] (Birmingham, Ala.) 1890-1895, 1895-03-06

said statement ard request shall have been
filed provided said assessment sha.
be construed aud considered by the city
as payable in cash and must be collected.
Provided, however, that should any per-
son or corporation desire such assess
ment, either in or part in cash, 1t shall be
the d uty %: the said mayor and aldermen
to accept such payment and allowance for
and a consideration of the same in any
bonds or certificates of assessment which
may be issued under the act against this
assessment.
Sec. Z. Be it further enacted, That when-
ever the mayor and aldermen of Birming-
ham shall decide to build or construct a
storm water sewer along, across or under
any street or alley upon which there Is
street railroad or other railroad or rail-
roads the city shall assess a fair and just
proportion OF such cost of construction
against said street railroad OF rairoats
and such assessment shall constitute lien,
which shall attach as provided in section
OF this act.
Sec. s. Be it further enacted, That in case
OF neglect or refusal of payment at ma
turity of said bonds or certificates OF as
sessment y the owner of the property SO
assessed the owner of such bond or coupon
may proceed in his own name TO collect
such assessment and foreclose the lien
thereon in any court OF competent 1uris-
diction, a0d shall recover in addition to
the amount OF such bond and certificate
and the interest thereon a REASONABLE at
toruey's fee, together with the costs of
such suit. Any number OF holders of
bonds or certificates of assessment for any
single Improvements may join as plaintiffs
and any number of the owners oil the prop
erty on which the same are lien may be
joined as defendants in such suit.
Sec. 8. Be 1t further enacted, That should
any street railroad or railroads be built or
constructed upon any street or alley which
shall have been paved or improved in the
manner provided for in this act, in that
event, in granting franchise to said rail-
road or railroads, it shall be and is hereby
made the duty oil the mayor and aldermen
TO estimate and collect from said street
railroad or railroads the cost OF
such construction as shall be in
cluded between the tracks and IS
thereof, and fair proportion of the
amount OF the cost of any storm sewer
which may have been constructed along,
across or under the said street or alley.
Sec. 10. Be it further enacted, That
should there be street, electric or any
other railroad upon any street determined
to be paved under this act, or should any
street, electric or other railroad hold from
the city the grant or franchise to operate
such road upon any such street the cost
OF paving between such tracks laid or pro-
vided for in such grant and Is inches on
either side OF said track including switches
and turnouts, shall be paved by the owner
of such road or franchise, and shall be as
Seb5eQ anu COlleCteu auQ bndtl DC u lltu III
the same manner as herein provided for as
to property owners.
Sec. II. Be it further enacted, That
nothing in this act shall be 80 construed as
to impair the duty or authority now vest
ing upon or vested in the mayor aud alder
men of Birmingham under its charter to
enforce the pavement or other improve
ments of streets, alleys or sidewalks or
construction OF sewers in said city.
Sec. IL. Be it further enacted, That the
shall be made according to The value or
| frontage OF any and all property in said
| city on The respective streets and alleys
| thereof SO improved, aud when any sewer
is constructed all the property drained or
| benefited thereby shall be liable for it's fair
proportion of the cost thereon, and the
same shall be regulated and fixed by ordi
! nance to be adopted by the said mayor and
| aldermen of Birmingham, and the said
mayor and board OF alderman be and they
| are hereby required to make all such inn
| provements with the city force whenever
| aud wherever it is found practicable.
NINE INDEPENDENT WARDS.
Sec. 13. That said city of Birmingham is
hereby laid off into nine wards, as follows:
| The First ward is bounded on the west by
| the corporate limits OF said city, on the
| south by the main line of the Alabama
| Great Southern railway, on the east by
Twentieth street, on the north by Fourth
avenue, north. The Second ward
corporate limits Of the city, on the
| south by Fourth avenue, on the east by
Twentieth STIR ct and on the north by Ninth
| avenue, north. The Third ward is bounded
on the north and west by the corporate
limits of the city, on the south by Ninth
avenue, north, and on the east by Twen-
tieth street till it intersects huntsville
avenue, thence to northern corporate linn
its by Huntsville avenue. The Fourth
ward is bounded on the north and east by
A. irnIfQ n
Eighth avenue and on the west by Twen-
tieth street IT'LL it intersects Hunts
vile avenue, tnen to northern corporate
limits by Huntsville avenue. The Fifth
ward is bounded by Eighth avenue on the
north, the corporate limits on the east, the
main line OF the Alabama Great Southern
railway on the south and by Twentieth
street on the west. The Sixth ward Is
bounded on the north by said railway
track, on the east and south by the corpor-
ate limits OF the city and on the west by
Twenty fourth street till its southern END
is reached, thence in southeastern direc-
tion along street that bounds block seven
hundred and forty lone CAD on the south
thence to the corporate limits on the south
along said road. The Seventh ward is
bounded on the north by said railway, on
the east by the Sixth ward. on the south by
the corporate limits and on the west by
Twentieth street. The Eighth ward is
bounded on the north by said railway, on
the east by Twentieth street, on the south
by the corporate limits and on the west by
Sixteenth street. The Ninth ward is
bounded on the north by said railway, on
the east by Sixteenth street and on the
south and west by the corporate limits of
the city. That this act shall not disturb
or Interfere in any way with the present
board OF aldermen, but at the next regular
election held for the election of mayor and
aldermen OF said city there shall be elected
by the qualified electors In every one of the
said nine wards two aldermen ,one ofwhom
shall hold office for two years and the other
for four years, and till their successors are