The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-23

sues relating to or arising out of the
same in any manner. shall during the
continuance of this ordinance be con-
Quoted under and in all things governed
by an act approved March 3, 1907, entitled
IAN act NO 24S) III. 372) to authorize
cities, towns and other municipal cor
porations to make certain improvements
on the sidewalks, streets, avenues, al
leys, highways or other public places OF
such city, town or other municipal cor
poration; to construct sewers; to assess
the cost of such improvements or any
part thereof upon the property abutting
such street, avenue, alley, highway, or
other public place, or drained by such
| sc ars, or against the right of way of
| any railroad so improved or drained by
| such sewers; to make such assessments
. a lien on such property, and to regulate
| appeals from such assessments; to pro-
! vide methods for the enforcement of
such lien, and the payment of such as
sessment and penalties; and to authorize
! the issue of bonds to pay for such I'M
! provements.
Sec 2. Be 1t further enacted that all
/ ordinances and resolutions concerning
such improvements shall be dessna ted
! and numbered as was formerly custom
airy, save that the caption or numbering
of the same shall contain in some appro-
| pirate place the words new series and
! introduced at this meeting shall be in
| cluded in the provisions of thisordinance.
Sec. 3. Be 1t further ordained that
when In contemplation OF any such pub
| lie Improvement this board shall have
| adopted any ordnance or resolution
| finally ordering the making Of the pro-
| osed Improvement or improvements no
tce shall be given by the city engineer
asking for bids for such work. Such no.
| tce shall be published not less than one
! time In the newspaper published In the
| city of Birmingham doing the city print
! ing and shall be in substantially the fol-
| lowing form;
NOTICE TO CONTRACTORS.
Sealed proposals will be received by
the undersigned until 70 o'clock noon
.............. 10. for ........,,.....,..
| specifications may be obtained and plans
! examined at this office. The right Is re-
served to reject any or all proposals.
Signed ..............., City Engineer
| ne date left blank in this form to be
! filled In by the city engineer and to be
the date of a subsequent regular meeting
! of the street committee of the Board OF
! Mayor and Aldermen of Birmingham and
the blank left in said notice for showing
| the general character of the work shall
also be filled In by the city engineer said
publication to be made as soon as prac-
ticable after the passage of the said or
dlnance or resolution
Sec. L. Be 1t further ordained that the
| city treasurer Is hereby designated as the
| proper officer to satisfy liens OF assess
ments OIL the Assessment Book for Lo-
! cal Improvement" kept under the pro-
/ vision of said act That the city treas
! urer is hereby designated as the officer
! to collect all assessments levied under
| said act and the office Of the city treas
urer is designated as the place a which
| all the said assessments and the install
ments thereof are payable.
| Sec. s. Be it further ordained that all
objections and defenses against proposed
assessments filed or presented as pro-
| vided in section II of said act shall be
heard and passed upon I'm substantially
| the following manner: All objections and
defenses filed as provided with the city
clerk shall be by him or some person
acting for him presented to the Board
| of Mayor and Aldermen of Birmingham
at the meeting named by him In the no
tlce given as provided under section 10 Of
| said act, which said objections or de-
| fenses together with those presented at
| said meeting or any OF them, may be
heard In open meeting by said board at
! said time together with the evidence in
relation thereto, the Mayor first swearing
| the witnesses present for and against the
| said objections and defenses administer
| ing an oath I'm substantially the follow
| iny form: DO you solemnly swear that
| in relation to the objections and defenses
| now offered to assessments under I'm
| provement Ordinance No New So
| rieJ' you viii tell the truth, the whole
truth and nothing but the truth. so help
| me God?'
| Or the said objections and defenses or
! any Of them may upon resolution be re-
| ferred toany committee of said board for
, the evidence and an investigation into the
| facts relative thereto TO be taken and had
| by said committee and note or memo
| randum OF the substance of the same,
together with the recommendations of the
committee, reported to any meeting Of
! said board to which the meeting at
which such reference Is had is adjourned
not later than the next regular meeting,
at which adjourned meeting the said
board taking further evidence, or without
taking further evidence. as Justice seems
10 require shall pass upon said objections
and defenses as hereinafter set out.
II the said board shall enter upon any
such hearing at the meeting at which any
such objection or defense IL presented
an II at such meeting such hearing