The Birmingham age-herald., 1905-08-05
said Improvements. Adopted August End. 1e05
 GEORGE B. WARD, Mayor. Attest:
 J. c. MURRAY. City Jerk. Age-Herald, August B. 1905.


 IMPROVEMENT ORDINANCE No. 2So. To provide for paving and otherwise im-
 proving Fifth avenue from the east
 curb line of Fourteen street to the west
 line of Nineteenth street.
 Section 1. Be it ordained by the Mayor and Aldermen of Birmingham that the curbstone along both sides of Fifth ave- nue from Fifteenth street to Nineteenth street shall be reset so as to narrow the driveway to a width of forty-six feet along the center line of said avenue.
 Be it further ordained that the curbing in its new position shall be properly con- nected with the eurbing at the intersect- in streets by circular and straight curb ing.
 Be it further ordained that the drive way from curb line to curb line along the center line of Fifth avenue from the east curb line of Fourteenth street to the west line of Nineteenth street and those portions of the said avenue and streets all interesecting streets between Four teenth street and Nineteenth street lying between the aforesaid driveway and the north and south property lines of said avenue and between the curb line of the intersecting streets, shall be paved with bituminous macadam, provided, however, that the area bounded as follows, to-wit Beginning at point on the south line of Fifth avenue 94 feet east of the center line of Seventeenth street, thence north ward and parallel with the center line of Seventeenth street 80 feet to the north line of Fifth avenue; thence westward along the north line of Fifth avenue 1SS feet; thence southward and parallel with the center line of Seventeen tn street 80 feet to the south line of Fifth avenue thence eastward along the south line of Fifth avenue 1S.S feet to the point of be- ginning shall not be paved with bitumin- out macadam, but shall be paved with vitrified brick on a concrete foundation
 Sec. 2. Be 1t further ordained that the cost of the aforesaid improvements shall be assessed and levied against the prop erty abutting on the portions of the said streets and avenue improved and bene- fitted thereby, in proportion to the bene- fits accruing to each, not in excess of the increased value of such property by reason of the special benefits derived from such improvements.
 Provided however, that the cost of all improvements upon street, avenue and alley intersections shall be assessed against the lots abutting on the street avenue or alley intersecting for one- half block in each direction. Provided however. that the cost Of paw ing between the rails of any street rail roads any other railroad tracks and the space between said tracks and for IS inches on each side of the tracks, includ- ing switches and turnouts, shall not be assessed against the property abutting In said streets and avenues as aforesaid, but shall be assessed against and col lected from the owner of such railroad and shall be lien upon the railroad and the property used in connection there- with.
 Provided however, that nothing herein contained shall be construed to relieve any street railroad of it's obligations in the matter of street Improvements. Sec. g. Be it further ordained that the estimated cost of said improvements is .00 and that the Board of Mayor and Aldermen will meet on the 9th day of September 1905, at the council chamber at o'clock p. m. to hear remonstrances and protests against the construction of said improvements.
 Adopted August End, 1905
 GEORGE B. WARD, Mayor.
 Attest
 J. c. MURRAY. City Clerk. Age-Herald August 5, 1905.