The Birmingham age-herald., 1907-07-08
Improvement Ordinance No. s9i.

NEW SERIES"
 To provide for paving and otherwise improving Twenty-third street, from the north line of First avenue to the south curb line of Seventh avenue. Section l. Be it ordained by the Mayor an, Aldermen of Birmingham, that the curb stone on both sides of Twenty third street from First avenue to Seventh avenue be moved towards the center of said street three t3) feet, so as to mar row In the driveway to a uniform width of fifty (50) feet.
 Be it further ordained that the curb stone iE it's new position shall be proper ly corrected with the curbs1one on the cross streets and avenues by circular and straight curbstone.
 Sec 2. Bt it ordained by the Mayor and Aldermen of Birmingham that the portion of TweEtythird street lying between the curb lines from the north line of First | avenue to the south curb line of Seventh avenue, including the intersections of | %enty-third street with Third, Fourth and Sixth avenues shall be paved with bituminous macadam.
 Provided however, that the gutters for a width of two @ feet along the same anu the area bounded as follows Begin ming at a point on the north line of k irst avenue eighteen inches west of | the west rail of the west track of the | Birmingham Railway. Light and Power ! company in Twenty-third street; thence | northeastward and parallel with and 1 eighteen inches from the said west rail to | a oint 9.4 feet west of the center line 1 oI said Twenty-third street; thence north ward and parallel with the center line of sail Twenty street to the south | curb line of Seventh avenue: thence east ward along the south curb line of Seventh avenue 1S.S feet thence southward and p'sallel with the center line of Twenty third street to the north line of First a a--cnua thence westward along the north | line O. First avenue 1S.S feet to the | point of beginning, shall not be paved with bituminous macadam, but shall be pa 'ed with vitrified brick on a concrete | foundation.
 l Provided however that the intersections of Twenty-third street and Second ave- nue and Fifth avenue shall not be paved un-er this ordinance and in case the intersections of Twenty-third street with Third avenue Fourth avenue and Sixth | avenue, either or any of them are paved under any other ordinances now pend- ing in the Board of Mayor and Alder m prior to the construction of the paving authorized by this ordinance, said intersection or intersections shall not be repaved under this ordinance. | Sec. 3. Be it further ordained that | the cost of constructing the aforesaid im- | provements shall be assessed and levied upon and against the property abutting on | the portions of the aforesaid streets ana | avenues improved, to the extent of the in- creased value of such property by reason ] of the special benefits derived from such 1 Improvements and not in excess of the | total cost of sue Improvements. Provided, however, that the cost of all l improvements upon street, avenue or alley | intersections shall be assessed against the lots abutting on the streets. avenues or alleys so intersecting for one-half block in each direction.
 | Provided, further, that no charge as sessed upon and against any lot or parcel | of land shall be greater than the in | creased value of such property by reason l of the special benefits derived from such | improvements.
 | Provided, however that the cost of pav- l ing between the rails of any street rail- 1 road or any other railroad tracks ana the space between the tracks and for eighteen l inches on each side of the tracks, includ- | ing switches and turnouts, shall not be as- sessed against the property abutting on | the streets and avenues aforesaid, but l shall be paid by the owner of such raIl- l road and shall be assessed against and l form lien on said railroad and the prop erty used in connection herewith. | Provided, however, that nothing herein contained shall be construed to relieve
 
 | the matter of street improvements. | Sec. 4. Be it further ordained that the | estimated cost of said improvements is | 22000 and that the Board of Mayor and 1 Aldermen will meet on the 7th day of Au- | gust, 1907, at the council chamber of the | city hall of Birmingham, at D. m., to 1 hear any objections or remonstrances that may be made to said improvements, tho manner of making the same or the char acter of material to be used.
 Sec. D. Be 1t further ordained that fuil | details. drawings, plans and specifications i. of said work and estimates be prepared | by the city engineer as early IS prdctl- | cable and placed by him on file in his of | flee in the city hall of Birmingham not | later than two weeks prior to the date | named in Section { of this ordinance, | where property woners who may be af- | fected by said Improvements may see and l examine the same.
 Sec. S. Be it further ordained that the ordinance shall be published by the city clerk in the newspaper published in the city of Birmingham doing city printing once a week for two consecutive weeks, the first publication to be not less than two weeks prior to the date set herein at which the Board of Mayor and Alderm ,n of Birmingham will meet ot hear objec- tions or remonstrances that may be made to said improvement, the manner of ak ing the same or the character of material to be used. GEORGE B. WARD,
 Mayor.
 Adopted July 3. 1907.
 Attest: J. C. MURRAY, City Clerk
 Age-IIerald, July s. 15, 1907