The Birmingham age-herald., 1922-04-01

I parallel with the west rail of said west track. to the south line of Sec 1 ond avenue: thence east along the south line of Second avenue to a point IS inches. east of the cast rail i of the east track of the Illinois Cen i tfal Railroad Companys track thence northwsrd parallel to and IS inches | east of the east rail of said east 1 track to the north property line of | Second avenue; thence westward along said north line to the point of i beginning.
 Also beginning at a point on the south property line of Second ave nue, s inches west of the west rail of the west track of the Birmingham ] Southern railroad; thence northwacd parallel to and IS inches west of the west rail of said track to a point IS inches south of the south rail of the l Iiincis Central Railroad Company's track thence westward parallel to and IS inches south of said track To l the north property line of Second avenue; thence east along the north 1 property line of Second avenue, to a point IS inches east of the east rail of the east track of the Birmingham ! Southern Railroad Company; thence southward parallel to and IS inches east Of said east track to a point IS inches north of the north rail of 1 the Illinois Central Railroad Com i pany's track in Second avenue; thence east parallel to and IS inches north of said rail to the east prop erty line of Thirteenth street: thence southward along said east line to i point IS inches south of the south rail of said track thence westward parallel to and IS inches south of f l,x h fF rls n a point Is inches east of the east raii of the east track of the Birmingham southern Railroad. thence south ward parallel to and IS inches east of said east track to the south prop erty line of Second avenue: thence westward along the south property line of Second avenue to the point of beginning.
 That vitrified clay drainage pipes. inlets and manholes of brick, with cast iron covers, shall be constructed along said avenue between said points.
 Section 9 That said improvements shall be made in accordance with the established grades on file in the office of the City Engineer, for said portions of said highways, and ac- eording to full details, drawings. plans. specifications and surveys )f said work and estimates, which shall l be prepared by the City Engineer, as early as practicable. and placed by him on file in his office, in the City ! Hall. not later than two weeks prior to the date named in Section of this ordinance, where property own CTS who may be affected by said im- provements may see and examine the same.
 Section 8 That the cost of con structing said improvements shall be assessed against the property abut- | ting on the portions of the high ways so improved, provided:
 (a) That the cost of Improvements at or upon street. avenue or alley in- tersectons shall be assessed against the lots or parcels of land abutting i on said highways so interseeting for one-half block in each direction.
 (b) That the cost of sidewalk i'm provements on street and avenue corners shall be assessed against the | lots abutting on or nearest to said l improvements, and the cost of side 1 walk improvements, at the inter section Of any alley with a street or avenue or other highway shall be assessed in fair proportion against the respective lots or parcels of land aputting or cornering on the alley al such intersection.
 Co That no assessment shall eN- ceed the cost of such improvements or the increased value of such prop erty by reason of the special bene- fits derived from such improvements. | (d) That the cost of improving be- tween the tracks and the rails of fhe | tracks of any street, electric or any other railroad including switches and turnouts, shall be paid by the owners of such railroad and shall be | assessed against and form lien upon said railroad and the property connected herewith. and a fair and just proportion of the cost of drain age improvements shall be assessed against and form lien on each street, electric or other railroad on the highways or rights of way drained by such drains or sewers; and nothing herein contained shall be construed to relieve any such railroad of it's obligations in the matter of street improvements.
 Section A. That the estimated cost of said improvements is $73,575, and that the Commission of the City of Birmingham will meet on the 1lth day of April, 1922. in the Council Chamber of the City Hall of Br- mingham, at 10 o'clock a. m, to hear any objections, remonstrances or pro- tests that may be made against said improvements. the manner of making the same or the character of ma terial to be used
 Section D. That neither the adoD- tion of this ordinance, the doing of any of the work provided herein. the proceedings hereafter to be taken h pursuance of this ordinance. the con- firmation hereof nor the levy of as- sessments for the work provided for herein shall be deemed a waiver of 1 any rights or claims of the City in d suit now pending in the Chancery Division of the Circuit Court of Jef- ferson County against the Brming ham Railway, Light and Power Com pang. and Lee C. Bradley. Receiver.
 Approved March 21. 1922,
 D. E. McLENDON,
 President of the Commission. l A true copy.
 l.. E. Gray
 City Clerk.