The Birmingham age-herald., 1907-07-27
Improvement Ordinance No. 4O4.
 NEW SERIES.1

Improvement Ordinance No. 404.
 NEW SERIESD
 To provide for paving and otherwise improving Twenty eighth street
 from the south line of Second ave-
 nue to the south line of Fifth ave- nue.
 Section l. Be it ordained by the May or and Board of Aldermen of Birming- ham, that six-inch granite curb stone shall be set along both sides of twenty eighth street from Second avenue to Fifth avenue so as to form drive way hftq (50) feet wide along the center line of said avenue.
 Be it further ordained that the curb . ing shall be properly connected with the curbing at the intersecting avenues by circular and straight curbing.
 Be 1t further ordained, that the drive- way from curb line to curb line along the center line of Twenty -eighfh street from the south line of Second avenue to the south line of Fifth avenue and those portions of said Twenty sixth street and at all intersecting avenues between the south line of Second ave- nue and the south line of Fifth avenue lying between the aforesaid driveway and the east and west property lines of said Twenty-sixth street and be- tween the curb lines of the interstect- ing avenues shall be paved with bitu- lithic, except the gutters along the sam me, which said gutters for width of two feet shall not be paved with bitulithic but shall be paved with vitri- fled brick on a concrete foundation.
 Sec. ?. Be it further ordained, that the cost of constructing the aforesaid improvements shall be assessed and levied upon and against the property a b utting on the portions of the said streets and avenues improved to the extent of the increased value of such property by reason of the special bene- fits derived from such improvements and not in excess of the total cost of such 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 intersect- tion.
 Provided further, that no charge as sessed upon and against any lot or parcel of land shall be greater than the increased value of such property by reason of the special benefits de- rived from the aforesaid improve ments.
 Provided, however, that the cost of paving between the rails of any street
  and the space between the tracks and for eighteen inches on each side of the tracks, including switches and turn outs. shall not be assessed against the property abutting on the streets and avenues as aforesaid, but shall be paid by the owner of such railroad and sball be assessed against and form lien on said railroad and the property con nected herewith.
 ho baf pofbinp in contained shall be construed to r9- lieve any street railroad of It's obli- gations in the matter of street improve ments
 Sec. 3. Be it further ordained, that the estimated cost of said improve ments Is 1000 and that the Board and Mayor and Aldermen will meet on tn 0 21st day of August, 1907, at the coun- cil chamber of the city hall of Bir- mingham at o'clock D. m. to hear any objections or remonstrances that may be made to said Improvements, the manner of making the same or tn e character of the material to be used.
 Sec. 4. Be 1t further ordained, that full details. drawings, plans and speci- fcations of said work and estimates be prepared by the city engineer as early as practicable and placed by him on files in his office in the city hall of BlrmlnBndm not later tnan two WeehS $ prior to the date named in section 3 of this ordinance where property owners who may De affected by said improve ments may see and examine the same. Sec 5. Be 1t further ordained, that the ordinance shall be published by the city clerk In the newspaper pub lished in the city of Birmingham, do- ing city printing, once week for two consecutive weeks. The first publca- ton to be not less than two weeks prior to the date set herein at which the Board of Mayor and aldermen of Bir- mingham will meet to hear objectioa s or remonstrances that may be made to said improvement the manner of mak- ing the same or the character of ma terial to be used.
 Adopted July IT, 1907.
 GEORGE B. WARD, Mayor. Attest:
 J. c. MURRAY, City Clerk.
 q