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Nashville Street Improvements.

Execution.

Levy and sale.

the assessments of the date when such installment and interest will be due, and designating the street or streets or other public places for the improvement of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest. And it shall be the duty of said City Clerk, promptly at the date of maturity of any such installment or assessment and interest, and or before the 15th day of November of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Nashville, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the City Marshal shall be returned to the Superior Court of Berrien County, Georgia, and there tried and the issue determined as in cases of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the judge of Superior Court of Berrien County to give preference to the trial of these cases over all other cases pending in said court. The failure of the

Affidavit of illegality.

Return for trial.

Nashville Street Improvements.

tice.

Limitation of action.

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city clerk to publish said notice of the maturity of any installment of said assessment and interest shall in no publish nowise affect the validity of the assessment and interest and the execution issued therefor.

Sec. 12. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said City of Nashville or its Mayor and Council from making any such assessments or issuing such bonds or providing for the payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the City of Nashville, by its Mayor and Council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the report of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Sec. 13. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council of City of Nashville, where any pavement or hardsurfaced improvements have been made under this bill, at all times to maintain and keep in good repairs the said streets so

Repairs. so improved at the expense of said city; except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done after obtaining consent in writing from the Mayor and Council, at the expense of said person or corporation finding it necessary to break or destroy any or such streets so paved.

New assessment.

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Nashville Street Improvements.

Time of publication.

Frontage.

City, County,
State.

Sec. 14. Be it further enacted by the authority aforesaid, that in computing time as to the publication of notices in a newspaper as required by this Act, the time shall be the number of days therein specified, exclusive of all Sundays and legal holidays.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or lane of said City petition the City of Nashville, as herein set forth, or the Mayor and Council of said city pass the resolution or ordinance provided for in Section 3 of this Act, for the pavement of any street, avenue, alley, lane, or other public place, where the State or any of its political subdivisions is the owner of any property on said street, the frontage so owned is to be counted as if owned by an individual and shall likewise be treated for the purpose of assessment; and where the State is the owner, the Governor is authorized to sign any petition provided for in this Act; and where the county is the owner, the chairman of the Board of Roads and Revenues for Berrien County is authorized to sign in behalf of the county; and where the City of Nashville is owner, the Mayor is authorized to sign for the City of Nashville.

Sec. 16 Be it further enacted by the authority aforesaid, that it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Nashville, but it is intended that this Act is to be cumulative as to all such improvements in said City. It is the intention to preserve all rights and privileges heretofore granted to the Mayor and Council in the charter of the City of Nashville, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act; and the City of Nashville, by its Mayor and Council, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Nashville and amendments thereto.

This act cumulative.

Perry Street Improvements.

Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed.

Approved April 10, 1926.

PERRY STREET IMPROVEMENTS.

No. 1, SECOND SESSION.

An Act to amend the charter of the City of Perry in

Houston County, approved December 12, 1859, and Acts amendatory thereof, so as to authorize the Mayor and Aldermen of the City of Perry to grade, pave, macadamize, or otherwise improve the sidewalks, streets, alleys, and lanes of said city, and for that purpose to issue bonds; to require street and steam railroads in the street and other public places of said City to improve and pave the same within the tracks and two feet on each side thereof; to provide for the procedure for such grading, improving, and paving, and for making and collections of assessments for the same, and for establishing a lien therefor, and enforcement of collection of same; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property-owners on the basis of ten per cent yearly for (10) ten years; to provide for the issuance of bonds by the said Mayor and Aldermen of the City of Perry, to be known as “Street Improvement Bonds,” and for the payment of the same; to provide for the renewal of such paving and other paving previously laid, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the Charter authority of the same, that the charter of the City of Perry in Houston County, Georgia, be and the same is hereby amended in the following particulars:

. Perry Street Improvements.

Powers conferred.

Sec. 2. Be it enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Perry is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Perry, 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 limitation prescribed in this Act.

Railroads.
Paving, etc.

Sec. 3. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes, alleys of said City or other public places shall be required by said Mayor and Aldermen to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed, or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of said Mayor and Aldermen to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Mayor and Aldermen at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Mayor and Aldermen of the City of Perry shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company which may be enforced against such property as hereinafter provided for the enforcement or other liens for paving, provided, however, that this section shall not go into effect or become operative until after the expiration of five (5) years from the passage of this Act.

Lien.

Resolution to pave, etc.

Sec. 4. Be it further enacted by the authority aforesaid, that whenever the said Mayor and Aldermen shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or

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