The Montgomery advertiser., 1907-08-29
fH. B. 11es.

certain improvements on the side
 walks. streets, avenues, alleys.
 highways or other public places or
 such city. town, or other municipal
 corporation; to construct sewers, to
 assess the cost of such improvements
 or any part thereof, upon the prop
 erty abutting such street. avenue.
 alley, highway, or other public
 place or drained by such sewers, or
 against the right of way of any
 railroad so improved or drained Dy
 such sewers; to make such assess
 ments lien on such property anu
 to regulate appeals from such as-
 easements; to provide methods TO.
 the enforcement of such lien, anu
 fhe payment of such assessment anu
 penalties; and to authorize the is-
 sue of bonds to pay for such im-
 provements. Approved March D.
 1907.
 Sec. i. Be it amended by the Legisia- ture of Alabama that Section IT ol ah act to authorize cities, towns ana o.n. CT 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, 10 con struct sewers. to assess the cost oi such improvements. or any part thereoI' upon the property abutting suen sleeS To lie place or drained by such sewers, or against the right of way or any railroad so improved or drained by sucn sewers. to make such assessments a lien on such property and to regulate appeals from such assessments; to pro- vide methods for the enforcement or such lien, and the payment of such as- sessment and penalties; and to author ize the issue of bonds to pay for such improvements Approved March D, 1901. Be ands the same is hereby ann ended so as to read as follows: Sec ton 17, That any city or town having d population of less than six thousand may. notwithstanding the amount or character of any bonded or other in- debtedness issue sucn bonds, but the same shall be a lien or charge only against the property improved, ana against the fund collected from the as- sessment levied against the property improved, and shall not De the general obligation of the city or town nor shall such / city or town be In any way liable to the hold 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, title, and interest in and to the assessment and the lien upon the respective lots or parcels Of
 
 and assessments shall stand as secur- ity for such bonds and coupons until they are paid with full power In the holder of such bonds or coupons to enforce the collection thereof by fore~ closure in any court of competent ju- risdiction; Provided, that the first bond or coupon holder who institutes Q fore- closure suit in any count against any property assessed, shall only be enti~ led to have the proceadsi of said suie applied pro rata to the payment of his own bonds and the bonds held by others, so that not more than one fore closure 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 aplied only to the payment of the cost of Improvement designated in the ordinance providing for their issue. but should there be any surr plus from any bond issued over and above such cost it 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
 
 improvements and to carefully and acc curately keep a separate account of the fund arising from the collection of as- sessfnents under each particular im- pro9ement 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 other purpose whatsoever, except as herein expressly provided. The city official charged with the duty of collecting assessments shall be liable on his offi- ciaI bond to any holder of the bonds authorized to be issued under this act for 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 the bonds and interest eoupons entitled, and indebtedness here in authorized to be paid out of said fund, or by the use or misappropriation by said officer of any part of the funds out of which said bonds are re- auired and contemplated herein to be paid for any other purpose than herein provided for, or for the benefit of the city or town or. others. And all mem bers of the governing body or bodies of the city or town who shall, by their vote or in any other manner, cause, aid or encourage anY such diversion use or rnisappropriation of the funds out of which the bond holders are en- titled to be paid for any other purpose than that authorized and required herein whereby loss or injury to the bond holders or any of them is caus" ed, shall be jointly and severally Iia- . ble to such bond holders injured to the extent of such loss or injury. All proceeds arising from the collection of assessments levied under the proVis- |. ions of this act shall as soon as col lected, be deposited and shall be kept by the city official charged with the duty of collecting assessments, in some bank er banks, paying interest on time deposits to be designated by the mayor and aldermen. Said collections shall not be deposited with the general funds of the city or town but shall constitute a separate deposit to the account of the Public Bond Improve ment Fund, and shall be drawn out on check or order. and the mayor and al- dernnen may pass all proper ordinan- ces and regulations requiring counter signature of the said checks and or- ders. At any time when the amount of any particular fund shall with it's accumulations equal the amount of outstanding bonds and accrued inter- est entitled to payment out of such fund the mayor and aldermen shall have authority to redeem any and all such bonds that may be presented for redemption at such time thereafter as