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Nashville Street Improvements.

This act cumulative.

Sec. 17. Be it further enacted, that the provisions of this Act shall be deemed and held to be cumulative of and supplemental to the existing law with reference to such improvements in said City of Moultrie, particularly as authorized in said Act of 1913, it not being the intention of this Act to repeal any present or existing laws on said subject relating to said City of Moultrie; but said city, under any future proceeding under and by virtue of said Act of 1913, may, in the discretion of the mayor and council, adopt and avail itself of any of the provisions, rights, privileges, powers, and remedies authorized in this Act, whenever the provision of said two Acts are not inconsistent with and antagonistic to each other.

Sec. 18. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved April 6, 1926.

NASHVILLE STREET IMPROVEMENTS.

No. 25, SECOND SESSION.

An Act to amend an Act of the General Assembly of

Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, 1910, so as to authorize and empower the City of Nashville, by its Mayor and Council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting

Nashville Street Improvements.

and adjacent property owners on the basis of ten per cent. yearly for ten years; to provide for the issuance of bonds as the City of Nashville by its Mayor and Council, to be known as "Street Improvement Bonds," and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority Act of 1910 of the same, that from and after the passage of this Act the Charter of the City of Nashville, Berrien County, Georgia, which was approved August 15, 1910, be and the same is hereby amended as follows:

Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of Powers. the same, that said City of Nashville, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, . lanes, sidewalks, and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this Act.

Assessments.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Nashville, by its Mayor and Council, shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, sidewalk, or any part thereof within the limits of the City of Nashville, said City of Nashville, by its Mayor and Council, shall by resolution declare such work or improvement necessary to be done, and such resolutions or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Nashville, and if the owners of more than one half of the linear front feet of the land fronting on such improvement and liable to assessment

Nashville Street Improvements.

Ordinance.

Separate protests.

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Petition.

to pay for such improvement, on such street, avenue, alley, lane, sidewalk, or highway, shall not, within fifteen days after the last publication of such resolution or ordinance, file with the Clerk of said City of Nashville their protest in writing against such improvement, then said City of Nashville by its Mayor and Council shall have the 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 may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except, when treated as one project, as hereinafter provided. Provided, however, that if the owners of the entire linear frontage of land abutting any proposed improvement of any street or part of street, alley, lane, or avenue, sidewalk, or other public place described in such petition, shall petition the City of Nashville, or its Mayor and Council, for such improvement desired, the width of the same and materials preferred by petitioners for such improvement, and express a willingness to pay the entire cost of such improvement, it shall thereupon be the duty of said City of Nashville, by its Mayor and Council, to promptly cause said improve ment to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that where two or more streets running in the same general direction from one continuous way, they may be treated as one street, and the improvement thereof as in this Act provided shall constitute one project and shall be dealt with accordingly as to resolutions, ordinances, or petition of property owners or protest by property owners, or other proceedings.

Sec. 4. Be it further enacted by the authority aforecluded in cost. said, that whenever it shall be determined, under the

provisions of the foregoing sections, that any street, avenue, lane, or alley within the corporate limits of the City

Nashville Street Improvements.

of liability.

of Nashville shall be paved, macadamized, or otherwise improved as herein provided, then the total cost of said paving or improvement to be proportioned shall include grading, excavating, engineering, and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Nashville will be liable for one third of said total cost, and abutting Proportions property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley shall be liable for his pro rata share of said two thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of this City charter or amendments thereto or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect Assessment from abutting property owners the entire cost of such cost. improvement adjacent to and abutting said property. Provided further, that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine.

of entire

Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 5 of this Act is presented, or when the City of Nashville,

, by its Mayor and Council, shall have determined to have or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said city of Nashville, by its Mayor and Council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their

Nashville Street Improvements.

Assessments inclusive of improvements.

proportionate part of the entire cost of such improvement, that is, two thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer-pipers in and underneath the streets, avenues, lanes, alleys, and other public places where such improvements are to be made as may be deemed proper and necessary by said Mayor and Council, and two thirds of the total cost of such water or sewerpipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority, and discretion to include the cost of such water or sewer-pipe and connections and cost of construction in the general assessment, under same rules and regulations as to cost of pavement as herein set forth.

Resolution.

Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or upon the receipt of the petition for such improvement signed by the abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Nashville, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said City, by its Mayor and Council, 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 the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Nashville, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Mayor and Council shall by said reso

Terms and conditions.

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