The Birmingham age-herald., 1907-03-16

against the lots Rbutting in or nearest said improvement, and the entire cost or any part thereof, of the improve ment at tho intersection of any alley with a street or avenue, or other high way, may be assessed in fair propor- ton against the respective lots or par cels of land Hbutting or cornerlng on the alley at such intersection; provd- ed, however, that in no case shall the assessment against any lot or parcel of land be greater than tho Increased value of such lot or parcel of land by reason of the special benefits to be de- rived from such Improvement. Pro vided, that should there be street, electric or other railroad track or tracks, on any street or highway im- proved, or re-inproved under this Act. the cost of such improvement, except st. .n water and sanitary sewers, be- tween 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, including switches and turnouts, shall be paid by the own CT of the railroad, and shall be assess ed against and form a lien said railroad, and the property connected herewith, and in the event storm water sewer be constructed which drains streets or avenues or rights of
 
 other railorad whether the same be a continued or separate system there shall be assessed against such railroad a fair and just proportion of the cost of construction of such sewer to be determined by the mayor and aldermen and such assessment shall be lien like other assessments and may be col leeted in like manner; provided, fur ther that the mayor and aldermen may require the owners of such street rail- road or other railroad, to prepare or construct it's tracks for the receipts of such paving or other Improvements in a manner satisfactory to the mayor and aldermen.
 Sec. 10. That when any improve ment made under the provisions of this act is completed the mayor shall cause to be prepared a roll or list showing the names of the property owners and opposite each name q description of each lot or parcel of land proposed to be assessed against each lot or parcel of land, such list shall be entered in a well bound book, prepared for that purpose and shall contain appropriate columns in which payments may be credited, and the lien of the assess ment satisfied by the proper officer of the municipality; said book shall be known as the "Assessment Book for Local Improvement" and shall be a public record, no eror or mistake in regard to the name of the owner shall be held to invalidate any assessment, and it. shall be sufficient if the name of the last owner as shown by the rec ords in the office of the Probate Judge on the county is shown in said book. After the completion of the proper en- tries of each improvement said book shall be delivered to the city or town celrk, who shall thereupon give notice by publication one time in some news paper published in said municipality or of general circulation therein, that said assessment roll or list has been delivered to him. and is open for in- speetion in the office of the person au- thorized to make collection of said as- sessments, and at a time and place therein named not less than twenty days from the date of publication, the mayor and aldermen will meet to hear and determine any objections or de- fense that may be filed to such assess ment or the amount thereof. Said mo- tice shall also state the general char acter of the improvement, the terminal points thereof, and the streets, ave nus alleys or other highways or DOT tions thereof, along which the improve ment has been constructed, and if the improvement made consists of a sani- tary or storm water sewer or sanitary or storm water sewer system, said no tice shall also describe the territory | or area drained by said sewer or sew CTS. by naming the streets, avenues, al leys or other highways, or other lines by which said district Is bounded Il there be a defect in said notice, or pro ceedings before or subsequent to sa1o
 notice, with respect to one or more interested persons the same shall not affect such notice or proceedings eX- 1 cept in so far as may touch the 1n' 1 terest or property of such person. oi persons, and shall not avail any other person concerned therein. In case oi such defect, supplementary proceed l ings of the same general character as | those hereinbefore prescribed may be had in order to supply such defect.
 Sec H. That the owners of any req
 estate or any interest therein, whicf | it Is proposed to assess for the cost, or any part therof, 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 city clerk in his office, any objections i or defense to the proposed assessment against said property, or to the amount thereof. and persons who do not file objections In writing. or protests l against such assessment shall be held 1 to have consented to the same. Tho mayor and aldermen shall hear and pass upon all objections and protests against the proposed assessment under such reasonable rules and regulations as they may adopt and the mayor and aldermen by the mayor or other ex- | ecutive officer. shall have authority to | issue subpoenas for witnesses to ap- | near before the mayor and aldermen or any committee thereof and, to ad- minister oaths to the witnesses to be | examined and at such meeting, or any adjourned meeting shall proceed by or l der or resolution to fix the amount oi
 the assessment against each lot oi | tract of land described and included ir 1 said assessment roll and all such as- easements, from the date of such order or resolution, shall be and constitute 2
 lien on the respective lots or parcels
 of land upon which they are levied
 superior to all other liens, except those
 of the State and county for taxes. The | mayor and aldermen of such city ol | town shall have power and authority | to transfer and assign such liens to the | contractor or contractors, who made | said improvements, or to any other per | son In addition to the method here l inafter provided for the collection oi
 such assessments, the Chancery Court | or other courts of like Jurisdiction l shall have power to enforce said liens | and in all suits which may be brough
 to enforce said liens either by the
 mayor and aldermen or its assigns, tho | complainant shall recover the amount | of such assessment, with interest there
 on. and the cost of such proceedings The enforcement by the State, county l city or town of its lien for taxes or | any lot upon which has been levied fol
 any improvement authorized by thi'
 act. shall not operate to discharge ol
 in any manner effect the lien of thu | .,,,,toina1itv for said assessment bu