Moultrie Street Improvements.

cost on prop

part or all of the cost for so improving street intersecAny or all of tions and of any and all necessary curbing against the erty abutting. owners and their property abutting on the street or streets in which the intersection may occur of the curbing may be necessary, whether the street intersections or the curbing abuts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abuts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportion as the mayor and council of said city may deem equitable and just.

Resolution, provisions and statements in.

Sec. 5. Be it further enacted, that when any such improvements are proposed to be authorized and executed by said city under the provisions of Section 3 of this Act, after the expiration of the time for objections or protests on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city, by its mayor and council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be; and whether such improvements are to be authorized and done under the provisions of this Act or under the existing law as provided in said Act approved August 18, 1913, in either event, a resolution may be adopted by said mayor and council expressing the determination of said city to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Moultrie

Moultrie Street Improvements.

ment for pro

shall deem proper to impose with reference to letting the contract and the provisions therefor; and the said Contractor's city shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the Advertisematerials and performing the work necessary in making posals. such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said City of Moultrie. Said notice shall be published Publication of once a week for two consecutive weeks in the official notice. organ of said county, that is the newspaper carrying its legal advertisements. At the time and place specified in such notice the City of Moultrie, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish contract. the materials which may be selected and perform all the conditions imposed by the said City of Moultrie as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and readvertise for

Award of

Moultrie Street Improvements.

Board of appraisers.

Report of assessment.




other bids when any such are not in its judgment satisfactory.

Sec. 6. Be it further enacted, that the mayor and council of said city are hereby authorized to name and appoint a board of appraisers, consisting of at least three members, which shall comprise its agent or engineer assigned to the supervision of such improvements, the clerk of said city, and one member of the city council. Said board may be appointed as soon as the contract for said improvement is let and the cost of the same is ascertained; and it shall be the duty of said board, after ascertaining the cost of the improvements authorized by said city and covered by such contracts, to appraise 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 improvements. As soon as practicable after the apointment of said board of appraisers, said board shall file a written report of the appraisal, assessment, and apportionment of such expense and cost to the several. lots and tracts of land abutting on such improvements, or places in which the same occur, with the clerk of said city, which report shall be a public document accessible to and open to the inspection of any property owner or other person interested in such return. When said report shall have been returned and filed, the said mayor and council shall appoint a time for the holding of a session of the mayor and council for the hearing before them of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment, as to any such lot or tract of land abutting on said improvements, and shall cause notice of such session for said hearing to be published in said official organ of said county at least once a week for two consecutive weeks prior to the date of such session; and said session may thereafter adjourn from time to time without further published notice. The mayor and council at such session shall have the power and authority to review and cor

Moultrie Street Improvements.

rect said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said mayor and council.

Sec. 7. Be it further enacted that whenever any of said improvements described and authorized in Sections 2 and 3 of this Act shall be authorized and done by said city, pursuant to the provisions hereof, the mayor and council of said city may in their discretion apportion and assess any part or all of the cost of making any or all of said improvements against the abutting property and the owners thereof on each side of the streets, highways, public places, or other area covered by such improvements, according to the frontage of said property thereon. If in the discretion of the mayor and council any portion of such cost is assessed against any has to be borne by the city, such assessment and expense may be paid out of any available funds for that purpose in the city treasury, or the mayor and council may levy a special ad valorem tax against all property in said city subject to said tax, sufficient in amount to pay the same, or the same may be paid from the proceeds of bonds duly authorized, validated, and issued by said city.


Special tax.

Payment of

Sec. 8. Be it further enacted that assessments in conformity to said appraisment and apportionment as confirmed by said mayor and council shall be payable assessments. in ten annual installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each


That said mayor and council shall by ordinance levy assessments in accordance with the said appraise- Levy: record ment and apportionment as so confirmed against the of notice. several tracts of land liable therefor, and shall cause notice of said appraisement and apportionment, duly certified as correct by the city clerk, to be recorded on the mortgage records of Colquitt County. Such special

Moultrie Street Improvements.

Lien of assessment.

Installment payments.

Bond issue.

City not liable.

assessment and each installment thereof, together with interest on the same, are hereby declared to be a special lien against the lots, parcels, or tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes, and prior to and superior to all other liens against such land, and such liens shall continue until such assessment and interest thereon shall be fully paid, but provided, however, that unmatured installments shall not be deemed to be within the terms of any general covenant of warranty.

Sec. 9. Be it further enacted that the first installment, together with interest to that date upon the whole, shall be due and payable on the first day of October next succeeding the date of the levy of such assessment, and one installment, together with interest upon the amount remaining unpaid, shall be due and payable on the first day of October in each succeeding year until all shall have been paid; provided that, if such assessing ordinance shall be passed after the first day of July in any year, then the first installment and interest shall become due and payable on October first of the succeeding year; and provided, nevertheless, that any owner of the property so assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of such ordinance, without interest, and thus relieve his property of the lien of such assessment.

Sec. 10. Be it further enacted by the authority aforesaid, that, thirty days after the date of the passage of said resolution apportioning and levying such assessments, the mayor and council shall by written resolution, provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessments, and of such denominations as the mayor and council may determine, which bonds shall in no event become a debt or liability of the City of Moultrie by reason of its issuing the same for

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