Quitman Street Improvements.

Publication.

Award of contract.

Board of appraisers.

Report.

where such sealed proposals shall be filed, and when and where the same will be considered by said Board of Commissioners. Said notice shall be published in two consecutive issues of a newspaper of general circulation in the City of Quitman. At the time and place specified in such notice the Board of Commissioners shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who shall perform the work and furnish materials which may be selected and perform all the conditions imposed by the said Board of Commissioners as prescribed in such resolution and notice for proposals, which contract in no case shall exceed the estimate of cost submitted by the City Manager with the plans and specifications; and the said Board of Commissioners shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.

Sec. 7. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Board of Commissioners shall by resolution appoint a Board of Appraisers, consisting of the City Manager of said city and the Clerk of the City, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said board, the 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 said street, alley, lane, or avenue or other public places so improved, with the Clerk of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Board of Commissioners shall appoint a time for the holding of a session of the said Board or shall designate a regular meeting of said Board for the

Quitman Street Improvements.

hearing of any complaints of objections that may be made concerning the said appraisement, apportionment, Objections. and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for Notice. the said hearing shall be published by the said Clerk in at least one issue of any newspaper of general circulation in the City of Quitman, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Board of Commissioners at said session shall have power to review and correct said appraisement, apportionment, Review. and assessment, to hear objections to the same, and to confirm the same either as made by said Board or as corrected by said Board of Commissioners. Assessments in conformity to said appraisement and apportionment as confirmed by the Board of Commissioners shall be paid in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per Interest. annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Board of Commissioners shall by ordinance levy assessments, in accordance with said appraisement and apportionment as so confirmed, against the several tracts of land liable therefor; provided, Levy of however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for.

Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessment, together with interest to that date upon the whole, shall be due and payable on a date to be fixed by the said Board of Commissioners when the ordinance providing for said paving is passed, and one instalment with the yearly interest upon the amounts remaining unpaid shall be payable on the same date in each succeeding year until all shall have been paid. Said ordinance shall also

assessments.

Installment

Quitman Street Improvements.

full.

provide that the owners of the property so assessed Payments in shall have the privilege of 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 Quitman and relieve their property from the lien of said assessment, which money so paid to the Treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests.

Lien of assessment.

Bond issue.

Sec. 9. 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. 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners, after the expiration of thirty days from the passage of said ordinance confirming the 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 Board of Commissioners shall determine, which bond or bonds shall in no event become a Non-liability liability of the Board of Commissioners for the City of

of city.

Payment of bonds.

Quitman issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on a date to be specified therein, which date shall not be less than fifteen days

Quitman Street Improvements.

Signature and

succeeding the maturity of the first installment of the assessment and interest, as provided in said ordinance of assessment, and one tenth thereof, with the yearly interest upon the whole remaining unpaid, shall be payable upon the same date in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not ex- Interest rate. ceeding 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 bond shall be signed by the Board of Commissioners and shall be and shall have the seal. impression of the corporate seal of such city thereon, attested by the Clerk, and shall have the interest coupons attached; and all bonds issued by the authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Board of Commissioners. Said bonds shall be sold for not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Board of Commissioners, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor in payment Disposal. of the amount due on his contract, and the portion thereof which shall be necessary to pay other expenses incident and incurred in providing for said improvements shall be sold or otherwise disposed of as the Board of Commissoners shall direct. Said bonds shall be registered by the Clerk in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds.

Sale price.

Registry.

Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under Payment of the provisions of this Act shall be payable by the person

assessments.

Quitman Street Improvements.

Account of collections.

notice.

owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasury of the City of Quitman, 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 incident thereto, and for no other purpose. It shall be the duty of said Treasurer or Clerk, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to Publication of publish in one issue of a newspaper published in the City of Quitman 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, 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 shall turn over the same to the Marshal or Chief of Police of the City of Levy and sale. Quitman, 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 sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest and also subject to the right of redemption as provided in Sections 880, 1169, 1170-71-72, of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the

Execution.

Title.

Affidavit of illegality.