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Millen Street Improvements.
of entire cost.
chase said property at said sale should the Mayor and Council choose to offer highest bid therefor; whereupon said deed shall be made to said City. Said chief of police or marshal is authorized and empowered Possession. to proceed at once to dispossess said owner and put the purchaser at said sale in possession.
Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said city, for said Mayor and Council to either grade, pave, macadamize, or otherwise improve the sidewalks abutting their respective properties, or upon a like petition for said Mayor and Council to grade, pave, macadamize, or otherwise Paving withimprove the street or road-bed proper, have said work done without further notice, and may in their discretion Assessment assess the abutting property owners either the entire costs of such improvements or two thirds costs of the same, which said work, when done under this Section, shall in other respects be governed by the powers, authority, and law given in Section 1 of this Act.
Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen Bond issue. may issue bonds for the purpose of paving the streets and sidewalks of said city, or for the purpose of paying its proportionate share of the costs of paving any street or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held and such bonds shall be issued in conformity with the general laws governing the holding of elections for and the issuing of bonds by municipalaties in this State.
Sec. 4. 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by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.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 April 9, 1926.
Moultrie Street Improvements.
MOULTRIE STREET IMPROVEMENTS.
No. 19, SECOND SESSION.
An Act to amend an Act of the General Assembly of
Georgia, approved November 20th, 1901, entitled “An Act to create a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes," and to amend particularly an Act approved August 18th, 1913 (Georgia Laws, 1913, pp 1062-1065), amending said original charter of said City, and to amend the several Acts amendatory to either of the abovedescribed Acts, so as to authorize and empower said City of Moultrie to establish and to change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares or other public places or highways or any portion thereof, within the corporate limits of said City; to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the procedure of making and collecting such assessments for the same, and for the hearing of complaints and objections by the Mayor and City Council (or aldermen) to such assessments; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be 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 impose punishment as for a misdemeanor on any one using such funds for any other purpose; to provide for the renewal of any such paving, or other paving previously laid; to authorize said improvements to be made and any of of such work to be done by said city as herein pro
Moultrie Street Improvements.
vided, or in connection with any department or subdivision of this State, and for other purposes.
Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted Acts of 1901 by the authority of the same, that the Act approved amended. November 20, 1901, entitled "An Act to create a new charter for the City of Moultrie in the County of Colquitt, and for other purposes,” and an Act approved August 18, 1913, amending the above-described Act, and all other Acts amendatory to either of said described Acts, be and same are hereby amended by adding the following sections:
Sec. 2. Be it further enacted, that said city, by its Mayor and Council, or Board of Aldermen, is hereby Powers conauthorized and empowered, in addition to such powers and rights heretofore granted to it, to establish and Street im; change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares, or other public places or highways or any portion thereof, within the corporate limits of said city, under existing law or the provisions and limitations of this Act, whenever in its judgment the public convenience and welfare may require such improvements.
Sec. 3. Be it further enacted, that whenever said city, by its Mayor and Council, shall deem it necessary Publication or advisable to make any of said improvements, said of ordinance. city shall by resolution or ordinance declare and describe such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in the official organ of Colquitt County, that is the newspaper in which legal advertisements are published; and if the owners of more than one half of the linear front feet of the land abutting on such improvements and liable to assessment to pay for such improvement shall not, within fifteen days after
Moultrie Street Improvements.
Protest, time for.
the last publication of such resolution or ordinance, file with the clerk of said city their protest in writing against such improvements, then said city, by its Mayor and Council, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, sidewalks, or other public places or parts thereof to be so improved, as herein authorized, may be included in one resolution or ordinance, but any protest or objection shall be made as to each street, highway, or other public place separately, except when treated as one project, as herein provided. It is further provided, however, that if the owners of more than one half of the front feet of land liable to assessment for any
such improvement shall petition said city for such imthorizing im- provement of any street or highway or any public place
herein enumerated or authorized to be improved, or any part thereof, described in such petition, giving the character of improvements desired, the width of the same, and the material preferred by petitioners for such improvements, said City of Moultrie, by its Mayor and Council, may thereupon, in their discretion, cause the said improvements to be made in accordance with the prayer of said petition; and in such cases the resolution or ordinance herein mentioned shall not be required. The term “paving" herein shall include grading and excavating, engineering, and all other things usual and incident to the proper paving and improvement of any of said described or designated streets, highways, or other public places; and to this end said city shall have authority to prescribe the material to be used and the manner in which the same shall be done, whether by contract or otherwise.
Ascertain ment of cost, including all expenses.
Sec.. 4. Be it further enacted, that whenever any of such improvements within the corporate limits of said city shall have been authorized under the laws and ordinances of said city, and the cost of such improvement has been ascertained, which cost shall include all ex
Moultrie Street Improvements.
penses incurred by said city incident to such improvements (including the entire cost of putting in and constructing all water, gas, or sewer-pipes and conduits or tubes for electric wires for lights or telephone connection in and underneath the streets, avenues, lanes, alleys, and all other public places where such improvements are to be made), the mayor and council shall by written resolution apportion the cost and expense of Apportienas the same pro rata per front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, which cost and expense may be so apportioned either before or after such improvements are made and the work completed, and shall then levy assessments against said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, and it shall be the duty of each property owner to pay his pro rata portion of the entire cost, or of so much thereof as is assessed against the property owners, on his particular street or continuous street covered in one project, according to the linear frontage of the property owned by such property owner on the portion of the street or streets improved; provided that the said city, by its mayor and council, may in their discretion in the foregoing resolution or ordinance provide that the frontage of intersecting streets, avenues, alleys, or lanes shall be assessed to streets. as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, in which case said city shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, avenue, or project, and shall possess the same rights and privileges of all other owners of real estate abutting on any such improvements, and shall
pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage, such payment to be made out of the general fund of said city accruing from taxes collected during the current year; but provided also, that the mayor and council of said city may in their discretion assess any