The Birmingham age-herald., 1907-08-29

more tracks, the space between such tracks and eighteen inches on each l side of the tracks. including switch es and turnouts, shall be paid by the owner Of the railroad and shall bt 1 assessed against and form a lien or
 said railroad. and the property con l nected herewith, and in the event that 1 storm water sewers are constructed 1 which drain the streets or avenues or 1 rlgths Of way, on which be a street 1 electric or other railroad whether the same be continued or separate sys- tern, there shall be assessed against l such railroad fair and just propor-
 tion 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 be col l lected in like manner provided, fur l ther, that the council may require the l owners of such street railroad or other l railroad to prepare or reconstruct its
 tracks for the receipt of such paving
 or other improvements in a manner sat l isfactory to the council
 l Sec. 131. When any improvement,
 made under the provisions of this act,
 Is completed, the mayor shall cause to
 be prepared roll or list showing the l names of the property owners, and op- 1 posite each name description of each 1 lot or parcel of land proposed to be l assessed for such improvement, he- l longing to such owner or owners, and l the amount proposed to be assessed against each lot or parcel of land such l list shall be entered in a well bound l book prepared for that purpose and 1 shall contain appropriate columns in l which payments may be credited and 1 In lieu of the assessment satisfied by
 the proper officers of the municipality l said book shall be known as the as-
 sessment book for local improvements | tnr, -lRD
 1 or mistake in regard to the name of
 an owner shall be held to invalidate
 any assessment, and it shall be suff- clent If the name of the last owner, as
 shown by the record in the office of the Probate Judge of the county is 1 shown in said book. After the comple- l tion of the proper entries of each i'm l provement, said book shall pe delivered
 to the city or town clerk who shall l thereupen give notice by publication 1 one time in some newspaper published 1 in said municipality or of general cir l culation therein. that assessment roll 1 or list has been delivered to him ard l is open for inspection in the office of l the person authorized to make collcc- l tion of said assessments, and at time
 aid place therein mentioned, not less 1 than twenty days from the date of pub l hcation, the council will meet to hear and determine any objections or de- l | ments, or the amout thereof said mo- l ticc shall also state the general char l acter of the improvement the terminal ! points thereof and the streets, avenues
 alleys or other highways or portions l thereof, along which the improvement | DHs been constructed. and If the ,m-
 provement made consists of a sanitary l or storm water sewer or sanitary or i storm water sewer system, said notice | shall also describe the territory or
 area drained by said sewer or sewers, 1 by naming the streets, aveues alleys
 or other highways other lines. by 1 which said district is bounded. If there
 pc drtect In said notice, or D; oceed-
 lngs, before or subsequent to said
 notice with respect to one pr more
 interested persons, the ssrnc shall not 1 aHect said notice or proceedings, ex- cept in so far as 1t may touch the in- | terest or property of suct, person or
 persons and shall not avail any other | person concerned therein. In case of
 sucn defect. supplementary proceedings
 or the same general character as those
 hereinoefore prescribed, may be lad
 Tn order to supply such defect
 Sec 132. The owners of any real es-
 tate or any interest therein, which it is 1 proposed to assess for the cost or any | part thereof, of said improvement may | appear at any time on or before the date
 named in said notice or at said meeting
 and file, in writing, with the clerk or
 Tn his office, any objections or defense
 to the proposed assessment against said
 property, or to the amount thereof and
 persons who do not file objections in
 writing, or protest against such assess
 ment, shall be held to have consented to
 the same. The council shall hear and
 pass upon all objections and protests to
 the proposed assessment, under such
 reasonable rules and regulations as they
 may adopt, and the council by the mayor.
 or clerk or other executive officer, shall
 nave authority to issue subpoenas for
 witnesses to appear before the council
 or any committee thereof, and to admin
 lster oaths to the witnesses, to be exam
 med, and at such meeting or any ad
 )ourned meeting, shall proceed by order
 or resolution to fix the amount of the
 assessment against each lot or tract of
 land described and included in said as
 sessment roll, and all such assessments
 rom the date of such order or resolu-
 ton shall be and constitute a lien on inc
 respective lots or parcels of land upon
 Whlch they are levied superior to all
 other liens except those of the State and
 county for taxes. The council of such
 city or town shall have power and au-
 thority to transfer and assign such Hena
 to the contractor or contractors who
 made said Improvements, or to any other
 person. In addition to the method herein
 after provided for the collection of sucn
 assessments. the chancery court or other
 court of like Jurisdiction shall have | power to enforce said liens and in all
 suits which may be brought to enforce
 said liens, either by council or it's as
 signs, the complainant shall recover the
 amount of such assessments with interest
 thereon. and the cost of such proceed 1 lngs. The enforcement by the State
 county, city or town of it's lien for taxes
 on any lot upon which has been levied
 an assessment for any improvement au-
 thorized by this act shall not operate
 to discharge or In any manner affect tbe
 lien of the municipality for said as-
 easements, but purchaser at a tax sale
 or the State, county city or town. of l any lot or parcels of land on which an l assessment has been levied shall take the same subject to said assessment | Nor shall the enforcement by the muni 1 citpality of its lien for an assessment i levied for one improvement by the sale | or the property operate to discharge or ] Tn any way affect the lien of any otbar
 assessment for a different Improvement
 on the same property, but the purchaser 1 at such sale shall take subject to the l lien of all other assessments and tha
 right of the municipality to enforce the i same. ! Sec. 13S. Any person aggrieved by the i decision of the council in making any l assessment may within twenty days 1 thereafter appeal to the circuit court o, ! any Other court of like furiedio+ion ,,,.o.