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Hartwell Street Improvements.

Interest.

Notes.

Estoppel.

cember next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Board of Aldermen may in their discretion fix, and one annual installment, together with annual or semiannual interest as fixed by said Mayor and Board of Aldermen, upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Hartwell his promissory notes in a form approved by said Mayor and Board of Aldermen for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually, and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens may be enforced for the payment thereof. Any property owner by electing to pay said assessment in ten equal annual installments by giving promissory notes for said installments shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever. The notes so given shall contain a stipulation to pay, in addition to the principal and interest thereof, reasonable attorney fees, which may be col lected upon the City of Hartwell's serving written noticof its intention to issue an execution for said assessments, which notice shall be served upon the person owning the property against which the lien of said assessment exists, ten days prior to the issuance of said execution, which fees, if collected shall inure to the benefit of the City of Hartwell to reimburse it for any expense incurred in the collection of such assessments.”

Sec. 3. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia,

Fees on notes.

Hartwell Street Improvements.

Limitation of

approved August 18th, 1923, be and the same is hereby amended by striking therefrom Section 4 thereof and substituting in lieu of said Section 4 the following section to be known as Section 4 of said original Act, as follows: "Sec. 4. Be it further enacted by the authority afore- New sec. 4. said that no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Board of Aldermen from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof action. on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Board of Aldermen may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original asessment."

amended.

Sec. 4. Be it further enacted by the authority aforesaid, that Section 6 of the Act of the General Assembly of Georgia, approved August 18th, 1923, be and the same is hereby amended by striking therefrom the words, "which bonds shall in no event become a debt or liability sec. 6 of said City of Hartwell by reason of its issuing the same for the purpose herein specified," so that when so amended said Section 6 shall read as follows: "Section 6. Be it enacted by the authority aforesaid, that any time after the date of the passage of the ordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Board of Aldermen of the City of Hartwell may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining Bond issue. unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said Mayor and Board

Hartwell Street Improvements.

Bonds.

Interest.

Signature and seal.

of Aldermen may determine; one tenth of the amount
of such series, of bonds with the interest upon the whole
amount of such series shall become due and payable on
the first day of January next succeeding the date of the
issuance thereof, and one tenth of the amount of such
issuance of bonds together with the interest, annual or
semi-annual, upon the whole amount thereof remaining
unpaid, shall be payable on the first day of January in
each succeeding year until all of said installments shall
have been paid; said bonds shall bear interest at not
exceeding eight per cent. per annum from their date
until maturity, which interest may be required to be
paid annually or semi-annually, as said Mayor and Board
of Aldermen may determine, and shall be designated
‘Street Improvement Bonds,' and shall on their face
recite the street or streets or other public place or places
for the improvement of which they have been issued,
and that they are payable from assessments which have
been levied upon lots, parcels, and tracts of land bene-
fitted by such improvements under the authority of
this Act. Said bonds shall be signed by the Mayor of
the City of Hartwell and attested by the Secretary and
Treasurer thereof, and shall have thereupon the impres-
sion of the incorporate seal of said city, and shall have
attached thereto interest coupons; and all bonds issued
by virtue of this Act shall be payable at such place, either
within or wrhout the State of Georgia, as may be des-
ignated by said Mayor and Board of Aldermen; the
proceeds of said bonds shall be applied to the payment
of the contract price and other legal expenses incurred
in making such improvements, or such bonds may be,
in whole or in part, negotiated and delivered to the con-
tracting person, persons, firm, firms, corporation or
corporations, making and having made such improve-
ments, at such price as may be agreed upon in payment
of any amounts due upon contract or contracts, and any
portion of the bonds not so negotiated may be sold or
otherwise dispose of by the aforesaid authorities of the
City of Hartwell, and the proceeds applied to any e

Proceeds.

Hartwell Street Improvements.

.

pense incident to and incurred by the city in providing for such improvements; said bonds shall be registered Registry. by the Secretary and Treasurer of the City of Hartwell as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds."

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Sec. 5. Be it further enacted by the authority afore- Sec. 7 said, that said Act be and the same is hereby amended amended. by adding to Section 7 thereof the following: “That the secretary and Treasurer of the City of Hartwell, in addition to the bond now required of him by law as such officer, shall give bond with good and sufficient security bond. to be approved by the Mayor of said city and payable to the City of Hartwell, in an amount equal to the principal and interest of the assessments due and payable during any one year in which said assessments shall be due and payable, which bond shall be for the use and benefit of the holders of any of such street improvement bonds herein authorized to be issued, which bond shall contain such conditions as the Mayor and Board of Aldermen may by ordinance prescribe, and that the City of Hartwell for itself or for others legally or equitably interested in said street assessment bonds shall have the right to institute suit thereon in any court of bond. competent jurisdiction; provided, however, that if the governing authorities of said city shall fail or refuse to institute suit thereon when having been requested so to do in writing by any holder or holders of said street improvement bonds, the holder or holders of said street improvement bonds shall have the right to institute suit thereon in the name of the City of Hartwell for the use and benefit of the holder or holders of any of such bonds and that the cost of so doing, including attorney fees, shall be borne by the said City of Hartwell.”

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Sec. 6. Be it further enacted by the authority aforesaid, that Sec. 13 of said Act be and the same is hereby amended by striking therefrom the words "the City's

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Homerville Registration of Voters.

Sec. 13 amended.

Tax levy.

share of," so that said Section when so amended shall read as follows: "Section 13. Be it further enacted, that the Mayor and Board of Aldermen is hereby authorized and empowered to levy and collect an annual tax of not exceeding one dollar on each one hundred dollars worth of property within the city subject to municipal taxation, in addition to the tax now authorized to be levied for street purposes, which shall be a separate fund to be used as supplemental to the other fund herein provided for in making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Hartwell are collected.”

Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 31, 1926.

HOMERVILLE REGISTRATION OF VOTERS.

No. 8, SECOND SESSION.

An Act to amend section six of an Act entitled “An Act

to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for the election of a Mayor and Councilmen, to prescribe their powers and duties, and for other purposes, approved August 22, 1907, Acts 1907, pages 723-728, as amended, so as to provide for the registration of voters in the Town of Homerville, Georgia, and for other purposes.

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 section six of an Act entitled

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