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

north side of Eighth avenue, west across the roadway of Eighth street west. shall be relaid on a 5-inch con crete foundation and grouted.
 That the roadway between tho gutter lines on Eighth avenue. west from the west property line o' Fourth street, west. if produced southward, 10 a point 100 feet east of the west line of the Owenton Sur vey, and extending between the gut ter lines to the north and soutf property lines of Eighth avenue west. at all intersecting streets be q tween said points, and the roadway between the gutter lines on Seventh avenue. west. formerly Simpson ave nue, from the south line of Eightf avenue. est, to a line drawn at right angles to the south property line of . Seventh avenue, west, al a point S3S feet west of the west line of Sixth atreot. west, If produced southward shall be paved with asphaltic con crete paving ? inches thick on 5- inch concrete foundation.
 Provided further, that the follow ing q scribed area shall not be paved rith' asphaltic concrete paving, but shall be paved with vitrified brick paving On a bituminous macadan foundation and the joints filled with asphalt filler and sanded; Begin r. Hg at a point on the west line oi Ifourth street. west, if produced, iS i4shes north of the north rail of the Birmingham Railway, Light anc Power Company's track on Eighth avenue, west; thence west along 1. Eighth avenue. west, IS inches north of and parallel to the north rail ot che Birmingham Railway, Light and Power Company's track to point loo feet east of the west line of the Owenton Survey; thence southward and parallel with the west line oi said survey, to a point Is inches south of the south rail of the Bir- ,ininsham Railway, Light and Power Compauy's track on Eighth avenue west; thence eastward IS inches south of and parallel to the south rail of Said track, to the west line of Fourth street, west, if produced; thence northward along said line, if pro duced, to the point of beginning. :. That vitrified clay drainage pipes 1nlets and manholes of brick with cast iron covers, shall be constructed along said avenue between said points.
 Section 2. That said Improvements shall be made In accordance with the established grades on file in the of flee of the City Engineer for said portions of said highway, and ac- Scording to full details, drawings plans, specifications and surveys of said work and estimates, which shall 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 owners who may be affected by said Improvements may sec and examine the same.
 Section 5. That the cost of con structing said improvements shall De assessed against the property abut- ting on the portions of the high ways so improved, provided:
 (a) That the cost of improve ments at on upon street, avenue or alley intersections shall be assessed against the lots or parcels of land abutting on said highways so inter secting 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 intersec- ton of any alley with street or avenue or other highway. shall be as- sessed in fair propor ion against the respective lots or parcels of land abutting or cornering on the alley at such intersection.
 Co That no assessment shall ex- ceed the cost of such Improvements. or the increased value of such prop erty by reason of the special benefits derived from such Improvements.
 (d) That the cost of improving be- tween the tracks and the rails of the pracks and IS inches on each side of Itfe tracks bf 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 a lien upon said railroad and the prop erty connected herewith, and 8 fair and just proportion of the cost of drainage improvements shall be as- sessed against and form . lien on each street, electric or other railroad Oil the highways or rights of way drained by such drains, and nothing herein contained shall be construed to relieve any such railroad of its ob- legations in the matter of street fm- provements.
 Section A. That the estimated cost of said improvements IS $44,5Io, ana 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 Birmins- ham, at 10 o'clock a. m. to hear any objections, remonstrances or protests that may be made against. said im- provements, 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 doing of any of the work provided for here in. the proceedings hereafter to be taken in pursuance of this ordinance, the confirmation hereof, nor the levy of assessments for the work pro- vided 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 Jefferson County, against the Birmingham Railway. Light and Power Company, and Lee c. Bradley, Receiver.
 Approved March 21, 1929.
 D. E. McLENDON,
 President of the Commission. A true copy.
 l.. F. GRAY,
 City Clerk.
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