The Montgomery advertiser., 1907-03-16

a
 such city, town or other municipal
 corporation; to construct sewers'
 to assess the cost of such improve
 ments or any part thereof, upon
 the property abutting such street,
 avenue, alley, highway, or other
 public place or draFhed by sucn
 sewers, or against the right Of
 way of any railroad so improved
 or drained by such sewers; 10
 make such assessments lien on
 such property, and to regulate ap-
 peals from such assessmentsi to
 provide methods for the enforce
 ment of such lien, and the pay
 ment of such assessment ana peu-
 alties; and to authorize the issue or
 bonds to pay for such improve
 ments.
 Section 1. Be it enacted by the Leg islatlre of Alabama: That all cities, towns and other municipal corpora tions in this State shall have power and authority to design or cause to be designed, contract for, and to ex- ecute, or cause to be executed the con- struction or Improvement, or the re- construction or re-improvement, of any street, avenue, alley, highway or other public place, or any sidewalk thereon by filling grading, hevelling, gravei- ing, slaggfng, macadamizing, curplns' guttering, paving or otherwise improN- ing the same, in such manner and with such material as the mayor and alder men or other governing body or sucn city, town or other municipal corpor- ation may prescribe: to construct or reconstruct any drain or drains. sanl- fary or storm water sewer or sewers; eonttarv and storm water sewer sys- tems. either combined or separate; to 1ay out, establish, and define storm water and sanitary districts or either' and to provide for the drainage there of, and to build or construct or re- build or reconstruct outlets Tor such sewer or sewer systems, either within or without the corporate limits and to cause the cost and expense of all, or any part of the aforesaid works and improvements to be assessed against the property abutting on said street, avenue, alley, highway or other public place so improved or drained by said sewer or sewers to the extent of tbe increased value of such prop erty by reason of the special benefits derived from such improvements.
 Sec. 9. That the term mayor ana aldermen of 8 city, town or other mu- nicipa1ity, when in session for the transaction of business, and shall in cIude mayor and councilmen. or other governing body of such municipality, including a. Board of Public Works where suche city, town, or other nlu- nicipality has by It's charter such board The term city or town shall in- clude any municipality incorporated under the laws of the State of Ala bama Wherever a municipal corpor- ation has, in addition to it's general council or other general governing body q Board of Public Works, which by the charter of said town or city is charged with the care, maintenance and improvement of streets, storm sew CTS and drains, then and in that event anIa ral oh0 10 dA- vided between said Board of Public Works and said general council, or other governing body. in harmony with the general system of the charter of said town or city in reference to the division of authority and duty between the Board of Public Works on the one hand and the general council, or other governing body of the city on the other.
 Sec. 3. That when the mayor and aldermen of any city or town shall de' termine. to construct or improve any street, avenue alley, sidewalk, high way or other public place, or to make any other improvement or undertake any work herelnbefore authorized, the cost of which, or any part thereof. 1t is proposed to assess against the prop erty abutting on or drained by said improvement, 1t shall adopt an ordi- nance or resolution to that effect, de- scribing the nature and extent Of the work, the general character of the ma terials to be used, and the location and terminal points thereof, and the streets, avenues, alleys or other high ways, or parts thereof, and shall di- rect that full details, rawlings, plans, specifications and surveys of said work and. estimates be prepared by the city engineer, or such other person as may be designated in such ordinance or resolution, or the said mayor and all dermen may adopt plans for such work already prepared. When the contem- plated improvement is a storm water or sanitary sewer or sewers, or a storm water or sanitary sewer system, such resolution or ordinance shall es- tablish or describe the territory or area to be drained by such sewer, or sewers, or sewer system, and define the same by naming the streets, ave- nues. alleys or other lines by which the same is bounded.
 See. 4. That such details, drawings, plans, specifications, surveys and esti- mates. shall when completed be placed on file in the office of the city engi- neer, or other officer designated in such ordinance or resolution, where property owners who may be affected by such Improvement may see and ex- amino the same, and the said ordi- nance or resolution shall appoint a time when the mayor and aldermen of such city will meet, which shall be not less than two weeks after the date of the first publication of said ordi- nance or resolution, to hear any objec- tions or remonstrances that may be made to said improvement, the manner of making the same or the character of the material to be used. Said or dinance or resolution must be publish ed once a week for two consecutive weeks in some newspaper published in said city or town, and if no newspaper Is published in said city or town, 1t may be published either in a newspa- per of general circulation in said city or town, or by posting for two weeks in three public places in such city or town.
 Sec. 5. That at said meeting. or at a place and time to which the same may be adjourned, all persons whose property may be affected by the pro- posed improvement may appear in per son, or by attorney, or by petition, and object or protest against the said im- provemept, the material to be used and the manner of making the same, and said mayor and aldermen shall con- slider such objections and protests. if any, and may confirm, amend, modify or rescind the original ordinance or resolution. But If objection to the proposed improvement be made by a majority in frontage of the property owners to be affected thereby. when the proposed Improvement is to be as- sessed against the property fronting or abutting any street, avenue, alley
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