The Birmingham age-herald., 1924-07-11
IMPROVEMENT ORDINANCE

improvements on 77th street, from the south property line of End avenue, to the north curb line of 1st avenue and from the south curb line of 1st avenue to the north property line of End ave- nue, south.
 BE IT ORDAINED by the Commis- sion of the City of Birmingham, as fol- lows:
 Section 1. That stone headers shall be set on concrete across the roadway of ,77th street, along the south proper ty line of End avenue, and along the north property line of End avenue, south, and along the east and west property lines of 77th street, across the roadways of Division avenue and 1st avenue, south.
 That the broken and wornout por- tions of the combined curb and gut ter on 77th street, from the south property line of End avenue, to the north curb line of 1st avenue, and from the south curb line of 1st ave- nue to the north property line of End avenue, south, shall be reconstructed with portland cement concrete.
 That the roadway between the gut
 
 property line of End avenue to the north curb line of 1st avenue and the roadway between the gutter lines on 77th street, from the south curb line of 1st avenue to the north property line of End avenue, south, and the roadway between the gutter lines, ex- tending to the, property lines at the intersection of Division avenue and 1st avenue, south, shall be paved with asphaltic concrete paving two inches thick on a five-inch concrete foun- dation.
 Provided however, that the area be- tween the tracks and the rails of the tracks and for IS inches on either side of the rails of the tracks of the Bir- mingham Electric Company, including switches and turnouts, shall not be paved with asphaltic concrete paving as aforesaid, but shall be paved with vitrified brick track paving on a five inch concrete foundation and the joints filled with an asphalt filler and sanded.
 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 highways; and accord ing 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 Hali, 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 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 portion of the highways so improved, provided:
 (a) That the cost of improvements, at or upon street, avenue or alley in- tersectings 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 cor ners shall be assessed against the lots or parcels of land abutting on or nearest to said Improvements, and the cost of sidewalk improvements at the intersection of any alley with a street, avenue or other highway, shall be as- sessed in fair proportion against the respective lots or parcels of land abutting on or cornering on the al- ley at such intersection.
 (c) That no assessment shall ex- .ceed the cost of such in. Jrovements 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 and for IS inches on each side 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 a 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 a lien upon 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 ob- ligations in the matter of street i'm provements.
 Section 4. That the estimated cost of said improvements is $21, ,675.00, and that the Commission of the City of Birmingham will meet on the 18th day of July, 1924, in the Council Chamber of the City Hall of Birmingham, at ten o'clock, a. m., to hear any objec- tions, remonstrances or protests that may be made against said improve ments, the manner of making the same or the character of material to be used.
 Approved July 8, 1924.
 D. E. McLENDON,
 President of the Commission. A true copy,
 L. E. GRAY,
 lN:A.. Hlnnl.