The Birmingham age-herald., 1909-07-31

areas which have been heretofore paved shall not be paved under this ordinance, to wit The intersection of Second ave- nue with Twenty sixth street; that DOT 1 tio nof the intersection of Fourth ave nue and Twenty-sixth street between the outer rails of the Birmingham Railway, Light and Power eompanys tracks from Fourth avenue into Twenty sixth street; the space between the outer rails of the Birmingham Railway, Light and Power oompany's tracks on Twenty-sixth street from the north line of Second avenue to the south line of Fourth avenue.
 Provided, further, that the areas bound ed as follows shall not be paved with bitulithic, but shall be paved with vitri- fled brick, to wit:
 Beginning at a point on the west curb line of Twenty-sixth street 1-5 feet north of and at right angles to the north rail of the Birmingham Railway, Light and Power companys track from First ave- nue into Twenty-sixth street; thence east and north parallel to and 1.5 feet from the north and west rail of said tracks to the south property line of Second avenue; thence east along the south property line of Second avenue to a point 1.6 feet east of the east rail of said tracks; thence southerly parallel to and 1.5 feet from said east rail to a point 1 5 feet north of the north rail of the north track of said railway company on First avenue; thence easterly parallel to and 1.5 feet from said north rail to the east property line of Twenty-sixth street; thence southerly along the east property line of Twenty sixth street 1S.S feet to a point 1.5 feet south of the south rail of the south track of said railway company; thence westerly parallel to and 1.5 feet from said south rail to the west curb line of Twenty-sixth street; thence along the west curb line of Twenty-siXth street to the point of beginning; also, two strips 1.5 feet wide adjoining the said railway company's east rail of the east track and adjoining the west rail of the west track of said rail way company on Twenty-sixth street from the north line of Second avenue to the south line of Fourth avenue, and one strip 1.5 feet wide adjoining the said railway company's west rail of the west track on Twenty-sixth street from the west curb line of Twenty-sixth street east and north to the north line of Fourth alley.
 street and Sixth avenue 1.5 feet from the west rail of the west track of said railway company, and 1.5 feet north of the north rail of the north track from Sixth avenue into Twenty-sixth street; thence northerly parallel to and Is feet from said west rail to the south curb line of Seventh avenue; thence easterly
 
 nue to a point 1.5 feet east of the east rail of the east track of said railway company: thence southerly parallel to and 1.5 feet from said east rail to the south curb line of Sixth avenue; thence north and west parallel to and 1.5 feet from the north rail of the north track of said rail- way company from Sixth avenue into Twenty-sixth street to the point of be- ginning.
 Provided, however, should the Birming- ham Railway, Light and Power company elect to put down the paving on their right-of-way themselves, they shall be allowed to do under the supervision of the city engineer.
 That said improvements shall be made in accordance with the grades and lines heretofore established for the portions of the streets and avenues hereinbefore de- scribed-
 Sec. 2 That the cost of constructing the aforesaid improvements shall be as- sessed and levied upon and against the property abutting on the portions of said streets and avenues improved to the ex- tent of the increased value of such prop erty by reason of the special benefits de- rived from such Improvements and not in excess of the total cost of such i'm provements.
 That the cost of all improvements upon street, avenue ralley intersections shall be assessed and levied upon and against the property abutting on the streets, ave- nue or alley so fntersecting for one-half black in each direction.
 That no charge assessed 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 derived from such improvements
 That the cost of paving between the rails of any street railroad or any other hatx oJp the tracks and for IS inches on each side of the tracks, including switches and turnouts, 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 shall be assessed against and form a lien said railroad and the property used in connec- ton herewith.
 That nothing herein contained shall be construed to relieve any street railroad of its obligations in the matter of street Improvements.
 Sec. 8. That the estimated cost of said Improvements is s13,100, and that the City Council will meet on the 18th day of Au- gust, 1909, at the council chamber of the city hall of Birmingham at o'clock, D. m., to hear any objections or remon- strances that may be made to said i'm provements, the manner of making the same or the character of material to be used.
 Sec. 4. That full details, drawings, plans and specifications of said work and esti- mates be prepared by the city engineer as early as practicable and placed by him on file in his office in the city hall of Birmingham, not later than two weeks prior to the date named In section of this ordinance, where property owners who may be affected by said improve ments may see and examine the same.
 Sec. 5. That the ordinance shall be pub lished by the city clerk in the news paper published in the city of Birming- ham, doing city printing, once week for two consecutive weeks the first publica- ton to be not less than two weeks prior to the date set herein at which the City | Council of Birmingham will meet to hear any objections or remonstrances that may {, be made to said improvements. the man. ner of making the same or the character I of material to be used.
 | Adopted July 21, 1909.
 H. E. SHROPSHIRE. R., City Clerk. Approved July 22, 1909.
 FRANK P. O'BRIEN, Mayor.