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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enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed.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 pur

poses.

amended.

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.

Railroads.
Paving, etc.

Lien.

Resolution to pave, etc.

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.

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.

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

Perry Street Improvements.

Publication.

Protest.

Assessments.

any part thereof, within the limits of the City of Perry, said Mayor and Aldermen shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consective issues of a weekly newspaper published and having a general circulation in the City of Perry; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within fifteen (15) days after the last publication of such resolution, file with the Clerk of said City their protest in writting against such improvement, said Mayor and Aldermen shall have power to cause said improvement to be made to contract therefor and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment Petition of for any such improvement shall petition the Mayor and Aldermen for such improvement of any street or part of street, alley, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petition by such improvements, it shall thereupon be the duty of said Mayor and Aldermen to promptly cause the said improvements to be made in accordance with the prayer of said 'petition, and in such cases the resolution hereinbefore mentioned shall not be required.

Sec. 5. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting or abutting upon both sides of said improvements shall be charged. with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on basis on lineal foot frontage; provided, that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the

owners.

Assessment

pro rata.

Perry Street Improvements.

street, lane, alley, or avenue paved or otherwise improved, and the said Mayor and Aldermen shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall posess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City treasury the just pro rata of the entire cost of said work or improvement for the said frontage.

Sec. 6. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section four of this Act is presented, or whenever the said Mayor and Aldermen shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and Ordinances. shall have passed the resolution provided for in said Section four of this Act, the said Mayor and Aldermen 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 the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements or to be made, and all cost and expenses for making such connections shall be taxed against such property shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.

Resolution.

Sec. 7. 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 on receipt of a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to

Perry Street Improvements.

be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvement, 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 City Engineer of said City in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions conditions. as said Mayor and Aldermen shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Aldermen shall by said resolution provide that the contractor shall execute to the City a good and sufficient bond in an contractor. 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 improvements for a period of not less than five (5) years from the time of its completion, or both, in the descretion of said Mayor and Aldermen. Said resolution shall also direct the City AdvertiseEngineer of said City to advertise for sealed proposals proposals. for furnishing the materials and performing the work Notice. necessary for making such improvements. The notice of such proposal 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 Mayor and Aldermen. Said

Bond of

ment for

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