The Birmingham age-herald., 1907-07-15
CITY ORDINANCES.
Improvement Ordinance No. 394.
 NEW SERIES"

NEW SERIES
 To provide for paving and otherwise improving Twenty-thrd street, from the north line of First avenue to the south curl line of Seventh avenue.
 Section i. Be 1t ordained by the Mayor an Aldermen of Birmingham, that the curb stone on both sides of Twenty third stree. from First avenue to Seventh ay..nue be moved towards the center of said street three (3) feet, so as to mar lov in the driveway to uniform width of fifty (5O) feet
 Be it further ordained that the curb stone in it's new position shall be proper 1y corrected with the curpstone 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 Twenty-third street lying between the curb lines from the north line of First avei.ue to the south curb7l line of Seventh avenue, including the intersections of .xenty- street with Third, Fourth and Sixth avenues shall be paved with bituminous mac9 'am.
 Provided, however, that the gutters for a width of two @ feet along the same an the area bounded as folows Begin hing at a point on the north line of list avenue, eighteen inches west of the west rail of the west track of the Birmingham Railway, Light and Power
 
 northeastward and parallel with and eig lteen inches from the said west rail to a oint 9.4 feet west of the center line oi i'd Twenty-third street: thence north ward and parallel with the center line of sail Twenty-third street to the south curD lne of Seventh avenue; thence east ward along the south curb line of Seventh avenue 18.S feet; thence southward and ? sllel with the tcnter line of Twenty third street to the north line of First -ttiue, thence westward along the north Ii Of First avenue 1S.S feet to the point of beginning. shall not be paved with bituminous macadam. but shall be pa d with vitrified brick on concrete foundation.
 Provided, however that the intersections of Twenty-third street and Second ave- nue and Fifth avenue shall not be paved un- CT this ordinance and in case the Int rsections of Twenty-third street with Third avenue, Fourth avenue and Sixth averue, either or c1y of them are paved urder any other ordinances now pend- ing in the Board of Mayor and Alder m 1 prior to the construction of the pHving authorized by this ordinance. said intersection or intersections shall not be repaved under this ordinance.
 Sec. g. 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 and avenues improved, to the extent of the in- creased value of such property by reason of the special benefits derived from such Improvements and not in excess of the total cost of sue Improvements.
 Provided however, that the cost of all 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 ln- creased value of such property by reason of the special benefits derived from such improvements.
 Provided, however, that the cost of paw ing between the rails of any street rail- road or any other railroad tracks and the space between the tracks and for eighteen inches on each side of the tracks, iuclud- Ing switches and turnouts, shall not be as- sessed against the property abutting on the streets and avenues aforesaid, but shall be paid by the owner of such rail- road and shall be assessed against and form lien on said railroad and the prop erty used in connection herewith.
 Provided however, that nothing herein contained shall be construed to relieve any street railroad Of it's obligations in the matter of street Improvements.
 Sec. 4 Be it further ordained that the estimated cost of said improvements is S22 GOO, and that the Board of Mayor and Aldermen will meet on the 7th day of Au- gust, 1907, at the council chamber of the city hall of Birmingham, at 8 D. m., to hear any objections or remonstrances that may be made to said Improvements, the manner of making the same or the char acter of material to be used.
 Sec g. Be it further ordained that fuil sIr rf,,rc rNlo iAao tiO,o of said work and estimates be prepared by the city engineer as early as practl- 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 examine the same.
 Sec G. Be 1t 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 Aldermen of Birmingham will meet ot hear ohjec- tions or remonstrances that may be made to said improvement, the manner of alt- 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-IJerald, July 8, 15, 1907.