« ForrigeFortsett »
Lien of assessment.
be due and payable on September first of the following year. Such ordinance shall also provide that the owners of the property so assessed shall have the privilege of Payments in paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the Treasurer of the City of Perry, and relieve their property from the lien of said assessment, which money so paid to the said Treasurer shall be disbursed pro rata between the contractor and the City in proportion to the respective interests.
Payment of bonds.
Perry Street Improvements.
Sec. 10. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof and the interest thereon are hereby declared to be a lien against the lots and 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 lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.
Sec. 11. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Aldermen of the City of Perry shall determine, which bond or bonds shall in no event become a liability of the Mayor and Aldermen of the City of Perry issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall
Perry Street Improvements.
be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. Such bonds Interest rate. shall bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as "Street Improvement Bonds," and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall have the impression of the corporate seal of such City thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other Sale price. expenses by the said Mayor and Aldermen, or such bonds in the amount that may be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due on his contract, and the portion Disposal. thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Aldermen shall direct. Said bonds shall be registered by the Clerk of Council in a book to be pro- Registry. vided for that purpose, and certificates of registration by said Clerk of Council shall be endorsed upon each of said bonds.
Sec. 12. Be it further enacted by the authority aforesaid, that the assessments provided for and levied
Signature and seal.
Perry Street Improvements.
Account of collections.
Levy and sale.
under the provisions of this Act shall be payable by the person owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Perry, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. It shall be the duty of said Treasurer of Clerk of Council, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish, in one issue of a weekly newspaper published in the City of Perry and having a general circulation in said City, a notice advising the owner of the property affected by such assessment 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 such assessments have been levied, and that, unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same, for the amount of such assessment with interest, and said execution shall be promptly delivered to the Marshal or Chief of Police of the City of Perry, 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, the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser, subject
Perry Street Improvements.
to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided in Sections 880, 1169, 1170, 1171, 1172, of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the the whole or any part of the amount for which said execu- illegality. tion issued is due, and stating what amount 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 (and the foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the City Marshal or Chief of Police, shall be returned to the Return for Superior Court of Houston County, Georgia, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the said Treasurer or Clerk to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest and the execution issued therefor.
Sec. 13. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such Limitation of assessment or to enjoin the said Mayor and Aldermen from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than the failure of the Mayor and Aldermen of the City of Perry to adopt and publish the preliminary resolution provided for in Section four of this Act, in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit
Perry Street Improvements.
Assessments to city,
county and state.
shall be commenced within sixty (60) 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 in whole or in part for any reason whatsoever, the said Mayor and Aldermen 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. 14. Be it further enacted by the authority aforesaid, that in all cases where said Mayor and Aldermen shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized, or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Mayor and Aldermen of the City of Perry the pavement is worn out and no longer serviceable.
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 said Mayor and Aldermen as herein set out, or said Mayor and Aldermen pass the resolution provided for in Section four of this Act, for the pavement of any such street, avenue, alley, or lane or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment; and where the State is owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in