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order of the executive committee. For payment to the inmates of the home the sum of one dollar per month each, so long as they are inmates, payable at the beginning of each quarter on the order of the executive committee of the board of control.

Sec. 2. The auditor is hereby authorized to draw his warrant on the State treasurer in favor of the commandant and treasurer of the soldier's home at Mountain Creek upon the certificate of the executive committee of the board of control of said soldier's home for the amounts herein appropriated.

Approved March 5, 1907.

No. 247.)

AN ACT.

(S. 346.

Convict In

ary of.

To amend an act to amend section 4457 of the
Code of 1896, approved March 5, 1901.

Section 1. Be it enacted by the Legislature of Alabama, That an act entitled an act, to amend spectors; sal section 4457 of the code of 1896, approved March 5, 1901, be amended so as to read as follows: 4457. Salaries and expenses of officers. The salary of the president of the board of inspectors shall be three thousand dollars ($3,000) per annum, and the salary of the physician inspector and the associate inspector shall be twenty-four hundred dollars ($2400) per annum each, and the president and the inspectors shall receive traveling expenses while absent from their place of residenc on official duty; the salary of the chief clerk of the board shall be eighteen hundred dollars ($1800) per annum and the associate clerk fifteen hundred dollars ($1,500) per annum, and a stenographer seven hundred and fifty dollars ($750) per annum, the chaplain, fifteen hundred dollars ($1,500) per annum, and for assistants to the chaplain, five hundred dollars per annum in aggregate; and each of said

Clerical assistants; salary of.

officers shall be reimbursed his traveling expenses when absent from his residence, incurred in Traveling the actual discharge of his official duty; and all expenses. accounts shall be itemized and verified by oath.

Section 2. That the salaries provided for How paid. in this act shall be paid as now provided by law.

Sec. 3. That all laws in conflict with the pro- Repeal. visions of this act be and the same are hereby repealed.

Approved March 4, 1907.

No. 248.)

AN ACT.

(H. 372.

To authorize cities, towns, and other municipal corporations to make certain improvements on the sidewalks, streets, avenues, alleys, highways, or other public places of such city, town, or other municipal corporation; to construct sewers; to assess the cost of such improvements, or any part thereof, upon the property abutting such street, avenue, alley, highway, or other public place or drained by such sewers, or against the right of way of any railroad so improved or drained by such sewers; to make such assessments a lien on such property, and to regulate appeals from such assessments; to provide methods for the enforcement of such lien, and the payment of such assessment and penalties; and to authorize the issue of bonds to pay for such improvements.

streets, al

leys, etc.

Section 1. Be it enacted by the Legislature of Alabama, That all cities, towns, and other municipal corporations in this State shall have pow- Power to er and authority to design or cause to be design- improve ed, contract for, and to execute, or cause to be executed the construction or improvement, or the reconstruction or re-improvement of any street, avenue, alley, highway or other public place, or any sidewalk thereon by filling, grading, leveling, graveling, slagging, macadamizing,

Expense & costs; how assessed.

Meaning of term, Mayor and Aldermen.

Meaning of term, City or Town.

Board of
Public
Works.

curbing, guttering, paving, or otherwise improv ing the same, in such manner and with such material as the mayor and aldermen, or other governing body, of such city, town, or other municipal corporation may prescribe; to construct or reconstruct any drain or drains, sanitary or storm water sewer or sewers; sanitary and storm water sewer systems, either combined or separate; to lay out establish and define storm water and sanitary districts or either, and to provide for the drainage thereof, and to build or construct or rebuild or reconstruct, outlets for such sewer or sewer systems, either within or without the corporate limits, and to cause the cost and expense of all, or any part of the aforesaid works and improvements to be assessed against the property abutting on said street, avenue, alley, highway or other public place so improved or drained by said sewer or sewers to the extent of the increased value of such property by reason of the special benefits derived from such improvements.

Sec. 2. That the term mayor and aldermen as hereinafter used shall mean the mayor and aldermen of a city, town, or other municipality, when in session for the transaction of business, and shall include mayor and councilmen, or other governing body of such municipality, includ ing a board of public works where such city, town, or other municipality has by its charter such a board. The term city or town shall include any municipality incorporated under the laws of the State of Alabama. Wherever a municipal corporation has, in addition to its general council or other general governing body, a board of public works which by the charter of said town or city is charged with the care, maintenance and improvement of streets, storm sewers and drains, then and in that event the powers herein declared shall be divided between said board of public works and said general council, or other governing body, in harmony with the general system of the charter of said town or

1

city in reference to the division of authority and duty between the board of public works in the one hand and the general council, or other gov erning body of the city on the other.

Ordinance to

Sec. 3. That when the mayor and aldermen of any city or town shall determine to construct or improve any street, avenue, alley, sidewalk, highway, or other public place, or to make any other improvement or undertake any work herein before authorized, the cost of which, or any part thereof, it is proposed to assess against the property abutting on or drained by said improvement be adopted it shall adopt an ordinance or resolution to that providing effect, describing the nature and extent of the for improvement; work, the general character of the materials to what must be used, and the location and terminal points contain. thereof, and the streets, avenues, alleys, or other highways, or parts thereof, and shall direct that full details, drawings, plans, specifications and surveys of said work and estimates be prepared by the city engineer, or such other person as may be designated in such ordinance or resolution, or the said mayor and aldermen may adopt plans for such work already prepared. When the contemplated improvement is a storm water or sanitary sewer or sewers, or a storm water or sanitary sewer system, such resolution or ordinance shall establish or describe the territory or area to be drained by such sewer, or sewers, or sewer system, and define the same by naming the streets, avenues, alleys or other lines by which the same is bounded.

Sec. 4. That such details, drawings, plans, specifications, surveys, and estimates shall when Details, speccompleted, be placed on file in the office of the ifications, etc., filed; and to city engineer, or other officer designated in such be open for ordinance or resolution, where property owners examination. who may be affected by such improvement may see and examine the same, and the said ordinance or resolution shall appoint a time when the mayor and aldermen of such city will meet, which shall be not less than two weeks after the date of the first publication of said ordinance or resolu

Ordinance to appoint time for meeting to hear objections.

Ordinance to be published.

Person may appear and object to proposed improvements.

Ordinance may be

amended or rescinded.

Mayor and
Aldermen au-

thorized to
pay portion
of cost.

tion, to hear any objections or remonstrances that may be made to said improvement, the manner of making the same or the character of the material to be used. Said ordinance or resolution must be published once a week for two consecutive weeks in some newspaper published in said city or town, and if no newspaper is published in said city or town, it may be published either in a newspaper of general circulation in said city or town, or by posting for two weeks in three public places in such city or town.

Sec. 5. That at said meeting, or at a place and time to which the same may be adjourned, all persons whose property may be affected by the proposed improvement, may appear in person, or by attorney, or by petition, and object or protest against the said improvement, the material to be used and the manner of making the same, and the said mayor and aldermen shall consider such objections and protests, if any, and may confirm, amend, modify or rescind the original ordinance or resolution. But if objection to the proposed improvement be made by a majority in frontage of the property owners to be affected thereby, when the proposed improvement is to be assessed against the property fronting or abutting any street, avenue, alley or sidewalk thereon, or by a majority in area of the property owners, when the proposed improvement is to to be assessed against the property comprising a sewerage, drainage, or improvement district, the improvement shall not take place, unless ordered by a two-thirds vote of those elected to the office of the mayor and aldermen. The mayor and aldermen shall have the authority to pay out of the general funds of the city or town, or any special fund that may be provided for that purpose, such portion of the cost of the proposed improvement as they see proper. The cost of any improvement contemplated by this act shall include the expense of the preliminary and other surveys, and the inspection and superintendence of such work; printing and publishing the notices, reso

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