236 LAWS OF MARYLAND. [CH. 96

unless such property of said railroad shall be used for other
purposes than a track simply, in which case said property shall
be estimated and judged in the same manner as the property
of other parties bordering on said streets or alleys. And the
Mayor and City Council shall provide, by ordinance, for the
giving of notice by publication or by service or written notice
personally upon the parties to be affected by said proceeding,
and allowing them to be heard before any such proceedings
are had, but nothing in this section shall be construed to pre-
vent the Mayor and City Council from constructing any sewer
or sewers or system of sewers and paying for same out of the
funds of the city, not to prevent the said Mayor and City
Council from constructing any sewer or sewers or system of
sewers and paying for the same out of the funds of the city
nor to prevent the said Mayor and City Council from charg-
ing a reasonable sum for the use of said sewer, either by an
annual charge or by a charge for the right of connection there-
with in perpetuity, all of which powers are hereby granted
the said Mayor and City Council.

77. The Mayor and City Council may, whenever in their
judgment the public interest and convenience require it, have
any street or alley or part thereof in said city regraded, re-
paved, recurbed, resewered or otherwise improved and levy the
whole expense thereof or any part thereof, not less than two-
thirds, on the property binding on said street or alley agree-
ably to the extent of such lots thereon and collect the expenses
thereof as directed in Section 79 and in case less than the
whole cost is assessed upon said property, the city shall pay
the remainder thereof, providing that in estimating the num-
ber of front feet on said street or alley to be improved, in all
cases where any part of such front feet shall be occupied by
a railroad track or its slopes, the number of front feet so occu-
pied shall not be included in said estimate, nor shall said rail-
road be assessed any part of the cost of such improvement
unless such property of said railroad shall be used, or be capa-
ble of being used, for other purposes than a track simply, in
which case said property shall be estimated and judged in the
same manner as the property of other parties bordering on said
streets or alleys. And the Mayor and City Council shall pro-
vide by ordinance for the giving of notice by publication or by
service of written notice personally upon the parties to be af-
fected by said proceeding, and allowing them to be heard be-
fore any such proceedings are had, but nothing in this section