The Montgomery advertiser., 1907-08-29

place and time to which the same may be adjourned, all persons whose prop erty may be affected by the proposed Improvement may appear in person, or by attorney. or by petition and object or protest against said Improvement, the materia1~to be used and the man. ner of making the same, and the said council shall consider such objections and protests. If any, and may confirm, amend, modify or rescind the original ordinance or resolution. but if objec- tion to the proposed improvement be made by a majority in frontage of the property owners to be affected there- by when the proposed improvement is to be assessed against the property fronting or abutting any street, ave- nue or alley, or by majority. in area, of the property owners, when the pro- posed improvement IS to be assessed against the property comprising sew craze, drainage or improvement dis trict, the improvement shall not take place unless ordered by a two-thirds vote of those elected to the council. The council shall have authority to pay out of the general fund of the city or | town, or any special fund that may l be provided for that purpose, such | portion of the cost of the proposed im- provement as they see proper the cost of any improvement contemplated by this act shall include the expense of | the preliminary and other surveys and | the inspection and superintendence of
 such work. printing, and publishing the | notices resolutions and ordinances re- I quired, including noti. of assessment. i the cost of construction. preparing I bonds, interest on bonds, when the bonds have been issued Tn anticipation | of the collection of the assessment, and | any other expense necessary for the completion of such improvement
 | Sec. 127.' Before the passage of the l final resolution or ordinance to make l any improvement on any street, ave nue. alley or sidewalk, the cost of which or any part thereof is to be as-
 sessed to the abutting property. if the grade of such street, avenue. alley or sidewalk has not been established, or change of grade, the council shall by | ordinance fix and establish the grade | of such street, avenue, alley or side walk about to be improved, and also l the grade of the curb on each side | thereof.
 Sec. 12s If the council shall finally l order the making of the proposed im- provement or improvements, notice shall work, which notice shall be given in such manner, and for such time, as nfay be prescribed by the council, and the 1 said municipal authorities may if a satisfactory bid be received let the
 contract to make such improvement or | improvements, and if no satisfactory
 bid is received. the council may ad- vertise for other bids, or may let the Icontract to satisfactory bidder with out further advertisement. or the city l or town may itself construct the im- | provement, CT furnish labor or material 1 for the same. and the said municipal | authorities may by order impose fur l ther conditions upon bidders with re- gard to bonds and surety for the faith- l ful completion of such work according l to contract, or for any other purpose 1 mentioned in the specifications.
 Sec. 129 All work done on improve | ments made under the provisions of | this act shall be done under the super l vision of the city engineer or other SUI 1 perintendent appointed for that pur- pose by the council Of such city or l town. In case of any controversy or 1 dispute the council snail be invested l with sole and exclusive power to de- | termine whether any improvement, constructed under the supervision of i this act has been completed in ac cordance with the terms of the con
 tract therefor and to accept or reject | such work on the part of the munich pality.
 Sec. 1s0. If said improvement be 1 finally ordered and constructed, the l Council shall have power and author | ity, after completion thereof, to as-
 sess the cost of constructing said im- l provement or any part thereof, upon l and against the property abuttfng on
 any street. avenue, alley, highway or | other public place 50 improved or
 drained by such sewer or sewers to the extent of the increased value of
 such property by reason of the spe- cial benefits derived from such im- | provements. When said improvement | f~fa esF @ "a ara
 sewer or sewers, or a sanitary or storm I water sewer system, the cost of any | part thereof may be assessed against | all the lots or parcels of land lying 1 within the district drained, but the as- sessments shall not exceed the in
 creased value of such property, by
 reason of the special benefits derived
 from the improvement. When street,
 avenue, or other highway intersections
 are improved, the cost of improving the
 intersection, or any part thereof, may
 be assessed against the lots or parcels
 of land abuttine on said street, avenue,
 alley or other hi ighway so intersecting
 for a half block in each direction; pro-
 vided however, in case of sidewalk fm-
 provements, including curbing. the
 costs, or any part thereof, or the in-
 provement of a street or avenue corner
 may be assessed against the lots abut-
 ting on or nearest said improvement,
 and the entire cost, or any part tnere-
 of, of the improvement at the inter-
 section of any alley with a street or
 avenue or other highway may be as-
 sessed in fair proportion against the
 respective lots or parcels of land abut-
 ting or cornering on the alley at such
 intersection. provided, however, that
 in no case shall the assessment against
 any lot or parcel of land be greater than the increased value of such lots
 or parcels of land; by reason of the
 special benefits to be derived from 1 such improvement. Provided, that
 should there be a street, electric or
 other railroad track. or tracks, on any
 street or highway improved or reim-
 proved, under this act, the cost of such
 improvement, except storm water and
 sanitay sewers. between the tracks and
 the rails of the tracks. and in case
 there are two or more tracks, the space
 between such tracks and eighteen
 inches on each side of the tracks; in-
 cluding switches and turnouts shall
 be paid by the owner of the railroad,
 and shall be assessed against and form
 a lien on said railroad, and the prop .. erty connected herewith, and in the
 event that storm water sewers are
 constructed which drain the streets or
 avenues or rights of way, on which
 be street electric or other railroad,
 whether the same be a continued or
 separate system, there shall be assess
 ed against such railroad fair and just
 proportion of the cost of construction
 of such sewer to be determined by the
 Council and such assessment shall be
 a lien like other assessments and may | "a 1