The Birmingham age-herald., 1922-03-25


 west rail of said track, to point IS inches south of the south nAil of the Illinois Central Railroad Company's track; thence westward parallel to and Is Inches south of said track 10 the north property line of Second avenue: thence east along the north property line of Second avenue, to 8 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 the Illinois Central Railroad Com panys 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 seuthward along said east line to a point IS inches south of the south rail of said track; thence westward parallel to and IS inches south of the south rail of said track to a point IS inches east of the east rail ot 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 2. That said improvements shall he made in accordance with the established grades on file in the office of the City Engineer, for said portions of said highways, and ac- cordng to full details. drawings. plans. specifications and surveys of said work and estimates. which shall be prepared by the. City Engineer, as carly 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 ini- provements may see and examine the same.
 Section 3. 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; f
 (a) That the cost of improvements at or upon street, avenue or alley in- tersections shall be assessed against the lots or parcels of land abutting on said highways so intersecting for one-half block in each direction.
 (b) That the cost of sidewalk im- provements on street and avenue corners shall be assessed against the lots abutting on or nearest to said. improvements. and the cost of side 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 at such intersection.
 (c) That no assessment shall ex- 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 the 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 q 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 4. That the estimated cost of said Improvements is $73,575, and that the Commission of the City Of Birmingham will meet on the 11th day of April, 1922, in the Council Chamber of the City Hall of Bir- mingham. al 10 o'clock a. m, to hear any obiections. 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 5. That neither the adop- ton of this ordinance, the fdoing of any of the work provided herein, the proceedings hereafter to be taken in pursuance of this ordinance, the con firmation hereof, nor the levy of as sessments for the work provided for herein shall be deemed waiver of any rights or claims of the City in suit now pending in the Chancery Division of the Circuit Court of Jeff ferson County against the Birming ham Railway. Light and Power Com pang, and Lee c. Bradley. Receiver.
 Approved March 21, 1922.
 D. k. McLENDON,
 President of the Commission.
 true copy.
 l.. E. Gray.
 City Clerk.
 Date, March s5. April l, 1922.