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

clude any municipality incorporated un- der the laws of the State of Alabama. Wherever municipal corporation has, in addition to it's general council or other general governing body Board of Pub lie Works, which by the charter of said town or city Is charged with the care, maintenance and improvements of streets, storm sewers and drains, then and in that event the powers herein declared shall be divided between said board of public works and said general counicl, or other govern ing 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. B. That when the mayor and all dermen of any city or town shall de- termine to construct or improve any street, avenue, alley, sidewalk, highway or other public place, or to make any other improvement or undertake any work hereinbefore authorized, the cost of which. or any part thereof, it is pro- posed to assess against the property abut- ting on or drained by said improvement it shall adopt an ordinance or resolution to that effect, describing the nature and extent of the work, the general character of the materials to be used, and the loea- ton ana ltlilliildA ROliANS siNi NOAi anu hAAN streets avenues, alley or other highways, or parts thereof, and shall direct that full details, drawings, plans, specified tions and surveys of said work and esti- mates be prepared by the city engineer or such other person as may be desig- mated In such ordinance or resolution, or the said mayor and alderman may adopt plans for such work already prepared When the contemplated improvement is a Sto Or sanitary sewer or sew CTS or a storm water or sanitary sewer system, such resolution or ordinance shall establish 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, avenues, alleys or other lines by which the same Is bounded
 Sec 1. That such details, drawings plans, specifications, surveys and esti- mates shall when completed be placed on file in the office of city engineer, or other officer designed In such ordinance or reso- luton, where property owners who may be affected by such improvement may see and examine the same, and the said ordinance or resolution shall appoint q 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 ordinance or resolution to hear any objections or re- monstrances that may be made to said improvement the manner of making the same or the character of the material to be used. Said ordinance or resolution must be published once week for two consecutive weeks in some newspaper pub lished in said city or town, and if no newspaper is published in said city or town, it may be published either in 8 newspaper of general circulation in said city or town, or by posting for two weeks in three public places in such city o4' 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 proposed improve ment, may appear in person, or by attof- ney, or by petition, and object or protest against the said improvement the ma terial to be used and the manner of mak- ing the same and said mayor and alder men shall consider such objections and protests, if any, and may confirm, amend, modify or resclnd the original ordinance or resolution. But if objection to the pro posed improvement be made by ma jority in frontage of the property owners to be affected thereby, when the proposed improvement is to be assessed against the property fronting or abutting any street, avenue, alley or sidewalk thereon, or by a majority in area of the property owners, when the proposed improvement IS to De dSSeSSCu dSdlIsl lllo Piopcily comprising a. sewerage, drainage, or inn provement district, the improvement shall not take place. unless ordered by two thirds vote of those elected to the off, flee of the mayor ana aldermen, The mayor and aldermen shall have the au- thority to pay out the general funds of the city or town, or any special fund that may be provided for that purpose, such portion of the cost of the proposed f,,,r,, aS cost of any improvement contemplated by this act shall include the expense of the preliminary and other surveys, and the inspection and superintendence of such work, printing and publishing the notices resolutions and ordinances re- quired including notice of assessment, the cost of construction preparing bonds interest on bonds when bonds have been issued in anticipation of the collection of the assessment, and other expense neces- sary for the completion of such i'm provement.
 Sec G. Before the passage of the final resolution or ordinance to make any improvement on any street, avenue, alley or sidewalk, the cost of which or any part thereof, is to be assessed to the abutting property, If the grade of such street. ..venue. alley or side wal, has not already been established, of if said Improvements necessiottes a change of grade, tn mayor an'f alder men shall by ordinance fix ant estab- fish the grade of such streetF avenue, aile.- or sidewalk about to be Improved, and also the grade of the curb on each side thereof.
 Sec I. That if the mayor and all dermen shall finally order the making of the proposed improvement, or im- proyements, notice shall be given ask ing for bids for such work, which nos tice shall be given in such manner and for such time cs may be prescrib- eG by the mayor and aldermen. and the said municipal authorities may, II satisfactory bid be received, let the contract to make such improvement, or improvements, and if no satisfactory bid is received the mayor and alder men may advertise for other bids, or may let the contract to a satisfactory bidder without further advertisement or the city or town may itself construct such improvement or furnish labor or material for the same; and the said municipal authorities may by order inn DO further conditions upon bidders with regards to bonds and surety foi inc faithful completion of such work according to contract, or for any other | rpose me~tioned In the specifications. Sec $ That all work done or i'm provements made under the provisions of th,s act shall be done under the su- pervision of the sity engineer or other s .perintendent appointed for that pur- pose by the mayor and aldermen oi such oitv or town. Tn case of any controversy or dispute the mayor and aldermen shall be invested with sole and exclusive power to determine whether any improvement constructed under the provisions of this act has been completed in accordance with the