The Birmingham age-herald., 1907-08-29
GENERAL LAWS
Enacted By the Legislature of Alabama

mun1ClDdl COfDOTallDnS lO H1dke CeT-
 tain improvements on the sidewalks,
 streets, avenus. alleys, highways or
 other public places of such city,
 town, or other municipal corporation;
 to construct sewers, to assess the
 cost of such improvements or any part
 thereof, upon the property abutting
 such street, avenue alley, highway,
 or other public place or drain by such
 sewers, or against the right of way
 of any railroad improved or drain
 ed by such sewers; to make such as-
 easements lien on such property and
 to regulate appeals from such assess
 ments; to provide methods for the en-
 forcement of such lien, and the pay
 ment of such assessment and penal
 ties and to authorize the issue of
 bonds to pay for such improvements.
 Approved March 5, 1907.
 , Section l. Be 1t amended by the Leg islature of Alabama That Section IT of an act to authorize cities, towns and other municipal corporations to make certain improvements on the sidewalks. streets, avenues. alleys highways, or other public places of such city, town, or other municipal corporation, to con
 
 such improvements or any part thereof. upon the property abutting such street. avenue, alley, highway, or other pub lie place or drained by such sewers, or against the right of way of any railroad so improved or drained by such sewers to make such assessments a lien on such property and to regulate appeals from such assessments; to pro- vide methods for the enforcement of such lenr and the payment of such as- sessment and penalties; and to author ize the issue of bonds to pay for such Improvements. Approved March 5. 1907 Be and the same is hereby amended so as to read as follows: Sec tion IT, That any city or town having population of less than six thousand may, notwithstandin the amount or character of any bonded or other in- debtedness issue such bonds but the same shall be lien or charge only against the property improved and against the fund collected from the assessment levied against the prop erty improved. and shall not be the general obligation of the city or town nor shall such city or  CTS of such bonds in case of failure to collect the same. Such last describ ed bonds when issued shall convey and transfer to the owners thereof, all right, tit7e, and interest in and to the assessment and the lien upon the re- spective lots parcels of ground here in provided for, which liens and as sessments shall stand as security for such bonds and coupons until they are paid with full power in the holder of such bonds coupons to enforce the collection thereof by foreclosure In any l court of competent Jurisdiction; Pro lvided. that the first bond or coupon holder who institutes foreclosure suit in any court against any property as- sessed shall only be entitled to have the proceeds O said suit applied pro rata to the payment of his own bonds and the bonds held by others. so that not more than one foreclosure suit shall be brought against any one lot or parcel of land.
 Sec. 2. That section IS of said Act be and the same Is hereby amended so as to read as follows: Section IS, That the proceeds from the sale of bonds authorized to be issued by this Act shall be applied only to the payment of the cost of improvement designated in the ordinance providing for tn cir issue, but should there be any sur plus from any bond issued over and above such cost, 1t may be applied to the cost of other improvements. the cost of which shall be assessed and collected as herein provided for It shall be the duty of the city official charged with the duty of collecting assessments to keep an accurate account of all funds arising from all assessments for public improvements and to carefully and ac- curately keep a separate account of the fund arising from the collection of as- sesments under each particular inn provement ordinance and no proceeds arising from assessments levied for one improvement shall be diverted to the payment of the bonds or coupons issued for any other Improvement or to the payment of any other indebt- edness of the city or for any oth CT purpose whatsoever, except as herein expressly provided. The cl.y official charged with the duty. of collecting assessments shall be liable on his off cial bond to any holder of the bonds auth orized to be issued under this act flor any loss or injury to such bond holder caused by the diversion by said officer of any fund or part thereof, to the payment of any bonds or coupons, or indebtedness of the city or town, other than tho bonds and interest cou- pons entitled. and indebtedness herein auth orized to be paid out of said fund. or by the use or incorporation by said officer of any part of the funds out of which said bonds are required and contemplated herein to be paid for any other purpose than herein provided for, pr for tho benefit of the city or town pr others. And all members of the governing body or bodies of the city or town. who shall, by their vote or in Any other manner. cause. aid en- courage any such diversion. use or mis- appropriation of the funds out of which the bondholders are entitled to be paid for any other purpose than that auth or fzed and required herein whereby loss pr injury to the bondholder or any of them is caused, shall be Jointly and eeverally liable to such bondh olders tn- oured to the extent of such loss or in fury. All proceeds arising from the col