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Louisville Street Improvements.

LOUISVILLE STREET IMPROVEMENTS.

No. 13, SECOND SESSION.

An Act to amend an Act approved July 10th, 1925, entitled: "An Act to amend the Charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequent amendments thereto, so as to authorize and empower said City of Louisville, Georgia, 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, with in the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; 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 cost 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 the property in said City subject to municipal taxation, to be used in defraying the City of Louisville'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 Louisville as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," so as to provide for the appointment of a Board of Appraisers to fix the assessments against the abutting property owners for street improvements, for the public hearing of any objections

Louisville Street Improvements.

Act of 1925 amended.

to the fixing of said assessments, for the levying 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 assessment or prevent the levying or collecting of such assessment or the issuing of bonds therefor.

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 Act of the General Assembly of the State of Georgia approved July 10th, 1925, entitled: "An Act to amend the charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequest amendments thereto, so as to authorize and empower said City of Louisville, Georgia, 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 owners, and of its owners benefited thereof; and 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 cost 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 the property in said City subject to municipal taxation to be used in defraying the City of Louisville's share of the expense of said improvements; to authorize såid improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the

Louisville Street Improvements.

condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," be and the same is hereby amended in the following manner, to wit: By striking from said Act Sections 2, 3, and 4 thereof, and repealing said Sections 2, 3, and 4, which said Sections read as follows, to wit: Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the side sidewalks, footways, crosswalks, 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 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 the expenses incurred by the City incident to such improvements, including the cost of intersections, on any street or streets to be paved, the Mayor and Council of said City shall by written resolution apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereafter provided for, which assessments shall be paid. in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may, in the discretion of said Mayor and Council by proper written resolution, be required to be paid annually or semi-annually at such time or times said Mayor and Council may fix and determine. Sec. 3.

of

Sec. 3. Be it enacted

by the authority aforesaid, that the Mayor and Council of the City of Louisville is hereby constituted the board appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix and apportion the cost and expense of the aforesaid improvements pro rata per lineal front foot to the several tracts,

Louisville Street Improvements.

lots, or parcels of land abutting upon the area covered by such improvements. A majority of said Board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any question before said board for determination; provided, however, that the Mayor and Council of the City of Louisville may in its discretion appoint from among the residents of the City of Louisville five persons who shall constitute said Board of Appraisers, the person or persons so appointed to be freeholders in said City of Louisville, and shall possess the same qualifications as are required by the charter and ordinances of the said City of Lousville for the office of Mayor, and when so apointed shall do and perform all the duties as provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other causes, the Mayor and Council of said City is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid Board. Sec. 4. Be it enacted by the authority aforesaid, that the first installment of such assessments, together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix and determine, and one installment together with the semi-annual or annual interest upon the amount remaining unpaid shall be due and payable on the first day of December of each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of the assessments, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; provided, however, any one or more of the owners of the property assessed shall have the privilege of paying

Louisville Street Improvements.

the amount assessed against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment."

New sections.

Sec. 2. Be it further enacted by the authority aforesaid, that said Act approved July 10th, 1925, is amended by substituting in lieu of said Sections of said Act numbered 2, 3, and 4, the following two Sections, to be known as Sections 2 and 3 of said Act, which said amended Sections are as follows, to wit: Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, 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 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 costs of intersections on any street or streets to be paved, the Mayor and Council of said City Board of shall by written resolution appoint a board of appraisers, appraisers. consisting of five persons who shall be freeholders of said City of Lousville, and shall possess the same qualifications as are required by the Charter and ordinances of said City of Lousville for the office of Mayor; and when said Board is appointed, they 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 Council 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 assessment of the appraisal and assessment and apportionment of ticnment. such expense and cost to the several lots and tracts of

Report of

and appor

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