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Hartwell Street Improvements.

approved November 4th, 1899, and an Act amending the charter of the Town of Hartwell, approved November 15th, 1901, and the Act approved August, 13th, 1904, changing the name of the Town of Hartwell to the City of Hartwell, and more particularly to amend an Act approved August 18th, 1923 contained in Georgia Laws, 1923, pp. 662-671, both inclusive, to wit: "An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13, 1904, so as to authorize and empower said City of Hartwell through its governing authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways or any portion thereof within the corporate limits of said city, and to assess the cost of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as Street Improvement Bonds to be negotiated by the City or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for retiring such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of expense of such improvement; to authorize said. improvements to be made and said paving and macadamizing to be done by the City of Hartwell, as herein provided, or in connection with any department of this State, and for other purposes," so as to provide for the appointment of a Board of Appraisers to fix the assessments against abutting property owners for street improvements, and define their duties and powers; to provide for a public hearing of any objection to the fixing of said assessments; for the levy

Hartwell Street Improvements.

ing of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessments, or prevent the levying or collection of such assessments or the issuing of bonds therefor; to provide for the filing and recording of the assessment roll in the office of the Clerk of the Superior Court of Hart County, after the same shall have been made, and to define the contents thereof; to provide for the giving of a bond by the treasurer of the City of Hartwell with reference to the funds arising by reason of the assessments against abutting property owners, and for other purposes.

Act of 1923 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Acts of the General Assembly of the State of Georgia specified in the caption hereof, and particularly that Act of the General Assembly of the State of Georgia, approved August 18th, 1923, entitled, “An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13th, 1904, so as to authorize and empower said City of Hartwell through its governing authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways, or any portions thereof, within the corporate limits of said city, and to assess the costs of making such improvements in whole or in part against the abutting property, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create alien on such therefor; to provide for the issuing of bonds known as 'Street Improvement Bonds' to be negotiated by the city, or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all

Hartwell Street Improvements.

.

the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of the expense of said improvements; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Hartwell, as herein provided, or in connection with any department of this state; and for other purposes,” be and the same is hereby amended in the following manner, to wit: By striking from the Act of the General Assembly of Georgia, approved August 18th, 1923, section 2 of said Act and substituting in lieu thereof, to be known as section 2 the following section, to wit: "Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, New sec. 2 footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said city, shall have Paving, etc. been authorized under the laws and ordinances thereof, to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the city incident to such improvements, including the cost of intersection on any street or streets to be paved, the Mayor and Board of Aldermen of said city shall by writ- Board of ten resolution appoint a Board of Appraisers, consisting of five persons who shall be freeholders of said City of Hartwell, and shall possess the same qualifications as are required by the charter and ordinances of said City of Hartwell for the office of Mayor; which, when appointed, shall do and perform all the duties provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other cause, the Mayor and Board of Aldermen of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report of the appraisal, assessment, and apportionment of such assessment.

appraisers.

Report of

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Hartwell Street Improvements.

Objections, hearing.

expense and costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, or other public place, whether owned by private individuals, associations, corporations, the County of Hart, or the City of Hartwell, so improved, with the Secretary and Treasurer of the Board of Aldermen of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the Mayor and Board of Aldermen shall appoint a time for the holding of a session of said Board of Aldermen or shall designate a regular meeting of said Board of Aldermen for the hearing of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment as to any such tract or lots of land abutting on said improvement; and notice of said session for said hearing shall be published by the Secretary and Treasurer of said city once a week for two consecutive weeks in a newspaper of general circulation in the City of Hartwell, which notice shall provide for an inspection of such report by any property owner or other party interested therein. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the date of the last publication. Said Mayor and Board of Aldermen at said session shall have the power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made by said Board of Appraisers or as corrected by said Mayor and Board of Aldermen. When said appraisements, apportionments, and assessments shall have been finally fixed and determined, the Mayor and Board of Aldermen of said city shall make or cause to be made by the Secretary and Treasurer of said city a full and complete statement thereof, to be known as the 'Paving Assessment Roll of the City of Hartwell,' which shall contain substantially the names of the owners of the property against which said assessments are made, the location of the property so assessed, and the amount of each assessment so made in pursuance of the provisions of this Act, and

Review.

Assessment roll.

Hartwell Street Improvements.

lien, by

when due, which shall be entered upon the Minutes of the Mayor and Board of Aldermen of said city, and a certified copy thereof filed in the office of the Clerk of the Superior Court of Hart County upon the deed records thereof, and, when so filed and recorded in said Clerk's office, shall constitute notice of the existence Notice of of the lien of said assessments on the property abutting record. the streets, sidewalks, and other public places so improved; provided, however, that this requirement as to the filing of said certified copy in the office of the Clerk of the Superior Court of Hart County is cumulative, and shall not be construed as affecting in any manner the status, rank, or dignity of the assessment liens therein authorized to be made. When said assessments shall have been paid in full, the Secretary and Treasurer of the City of Hartwell is authorized to cause an entry to that effect to be made on the records of the Clerk of the Superior Court of Hart County, and also upon the records made by him."

Sec. 2. Be it further enacted by the authority aforesaid, that the Acts of the General Assembly of Georgia, approved August 18th, 1923, be and the same are hereby amended by striking therefrom Section 3 thereof, and substituting in lieu of said Section 3 the following sec- New sec. 3. tion to be known as Section 3 of said original Act: "Sec. 3. Be it enacted by the authority aforesaid, that the Assessments. said Mayor and Board of Aldermen shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Board of Aldermen, and such assessments shall be due and payable fifteen days after the date of the ordinance levying able. said assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of De

When pay

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