Swainsboro Charter Amendments. overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage, one half of such overplus to be allocated to each side of such street, alley, lane, or way so improved; and the City Council of the City of Swainsboro shall have the right to enforce all assessments against the abutting property and the owners thereof, for sidewalks and street, alley, lane, or way improvement hereinbefore provided for, by attachment, execution, or in any other manner authorized by law, after such assessments shall have been published in one issue of the newspapers in which Sheriff's and Ordinary's notices are published, and after notice shall have been served upon owners of such abutting property, of the date, due date, amount, and purpose of such assessment, for as much as thirty days before same are payable, such notices to be in writing, in the name of the City Council of the City of Swainsboro, and signed by the Clerk of Council, and served by the City Marshal upon lot owners in person, or by leaving at their last known place of abode, if within said City, or in person upon any one in actual possession of such abutting property; and in cases where property abutting on streets, alleys, lanes, or ways, so improved, is owned by non-residents, or persons whose whereabouts are not known to be within the limits of of said City, and there is no one in actual pasession of same, notice shall be perfected by posting the aforesaid notice upon such abutting property thirty days before such assessments are due and payable; and all such assessments shall carry the same lien and priorities, from their date, as taxes due said City. Fifth. By authorizing the City Council of the City of Swainsboro to co-operate with the proper authorities of the County of Emanuel, and of the State Highway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or otherwise improving sidewalks, streets, lanes, alleys, or ways of said City, adjacent to Swainsboro Charter Amendments. county-owned property within the limits of said City; and as touching streets, alleys, lanes, or ways of said City, any portion or the whole of which may be paved, or otherwise improved, by the said authorities of the County of Emanuel, or of said State Highway Department of Georgia; and for other purposes. Act of 1904 Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority repealed. of the same, that from and after the passage of this Act, an Act entitled an Act to "Incorporate the Swainsboro School District" in Emanuel County, and for other purposes, approved August 15, 1904 (Georgia Laws of 1904, pages 427 to 438) be and the same is hereby repealed. Act of 1905 Sec. 2. Be it further enacted by the authority aforesaid, that an Act entitled an Act "creating a System of Public Schools in and for the City of Swainsboro," and repealed. for other purposes, approved August 23, 1905 (Georgia Laws of 1905. pages 526 to 529), together with an Act amendatory of the same, approved August 16, 1912, (Georgia Laws of 1912, pages 1420 to 1423), be and the same are hereby repealed. sell school Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the City Council of the City of Swainsboro be and the same is hereby given authority to sell and convey the present city-owned Authority to school properties, including and contemplating all such properties. properties so held for such purposes by said City, corporeal or incorporeal, real, personal or mixed, together with all rights of approach to and form the same, and all easements of whatsoever sort incident to, or connected herewith, to the proper authority, for the use of the Swainsboro (No. 66) School District of Emanuel County, for such consideration as it shall deem to be for the best interest of said City, the said school properties to be transferred by good and sufficient title, conveying the whole interest of the City therein, in the name of the City Council Swainsboro Charter Amendments. Street-im provement assessments. Fowers conferred. of the City of Swainsboro, by its Mayor, attested by its Clerk, with the corporate seal attached. Sec. 4. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the City Council of the City of Swainsboro be given and it is hereby given authority to survey, grade, pave, repave, or to otherwise improve any of the sidewalks of the City of Swainsboro, whenever in their discretion the same shall be for the best interest of said City; and the City Council of the City of Swainsboro is hereby authorized to assess the cost of such sidewalk improvement against the property abutting thereon and the owners thereof, in proportion to the property frontage upon such improved sidewalk; and the said City Council of the City of Swainsboro is hereby given the further authority to survey, grade, drain, curb, pave, macadamize, or otherwise improve such portions of the streets, lanes, alleys, or other public ways of said City, as and when, in their discretion, the same shall be for the best interest of the citizens of said City; and the City Council of the City of Swainsboro is hereby given authority to assess two thirds of the total costs of the same against abutting property, and the owners thereof, in proportion to frontage thereon one third of such total expense to be allocated to the property, and the owners thereof, on each side of such street, lane, alley, or public way so improved, and the cost of all curbing shall be construed to be a part of such street-paving cost; with the provision that no part of the cost of paving, macadamizing, or otherwise improving the intersection of public streets, where the same completely cross one another, shall be assessed directly against abutting or vicinity property owners, or such property, but such cost shall be charged against the City, with the right to have credit on the total cost of such intersection improvements to the full extent of any highway or road paving done at such centers; provided further, that where any of the public roads of the County of Emanuel, extending into or through the City of Swainsboro, shall be paved by A Swainsboro Charter Amendments. said County, or by the State Highway Department of Georgia, either with or without Federal aid, the City Council of the City of Swainsboro shall have the right to credit one of its one third of the total cost of paving, and otherwise improving streets, lanes, alleys, or public ways within said City, which shall be so paved or otherwise improved by the City Council of the City of Swainsboro, in the proportion that such road paving done within those portions of such streets, lanes, alleys, or public ways shall bear to the whole cost of improvements made in contemplation of this Act, including road paving, excepting street-crossing intersections; and should the costs of such road paving, within the city-paved portions of such streets, alleys, lanes, or public ways, amount to more than one third of the total cost of both road and city paving and improving within the city-paved portions of the same, the overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage abutting on such improved streets, lanes, alleys, or public ways, one half of such overplus to be allocated to each side of such street, alley, lane, or public way so improved, but no street-abutting property, or the owners thereof, shall have any credit for any portion of the total cost of road paving done at the intersection of crossing streets, lanes, alleys, or public ways; and the City Council of the City of Swainsboro shall have the right to enforce all assessments made in pursuance of and under the terms and conditions of this Act, against abutting property, and the owners thereof, for sidewalk and street, alley, lane, or public way improvement, hereinbefore provided for, by attachment, execution, or any other manner authorized by law, including levy and sale, and the right of the City authorities to purchase at its own sale, as under tax sales, after such assessment shall have been published in one issue of the newspaper in which the Sheriff's and Ordinary's notices are published, and after written notice shall have been served upon owners of such abutting property, of the date, amount, purpose, and maturity of such assessments, for as much Swainsboro Charter Amendments. as thirty days before same are payable, such notices to be in the name of the City Council of the City of Swainsboro, signed by its Clerk, served by the City Marshal, or some one else if designated by the said the City Council of the City of Swainsboro so to do, which notice shall be served upon lot owners of such abutting property, in person or by leaving same at their most notorious place of abode, if within said City of Swainsboro; and in case where property abutting on streets, alleys, lanes, or public ways so improved is owned by non-residents of either the City of Swainsboro or the State of Georgia, or persons whose whereabouts is unknown, or whose domicile or place of residence is not known to be within the City of Swainsboro, but some person is found to be in actual possession of such abutting property, then notice may be perfected by serving same upon the one in such actual possession, by handing same to him in person; in all other circumstances, such notice shall be perfected by posting same upon such abutting property for at least thirty days before assessments shall be payable; and all such assessments shall have and carry the same lien and prioroties as taxes payable to said City, to date from the date of the ordinance providing for and making such assessments. In making any of the improvements authorized in this Act, the City Council of the City of Swainsboro is authorized to have same done by contract, or in any other manner it shall deem to be for the best interest of said City; and in making assessments as provided for in this Act, it shall not be precluded from making a subsequent assessment, if the first assessment so made is based upon an estimate that is found to be too low to do the work; but is expressly authorized to make such subsequent assessment, if same is found to be necesary; and in making any assessment provided for herein, if same should be for a larger amount than is found to be necessary to do the improvement undertaken, the amount collected on such assessment shall be only so much as is needed for the improvement; and if more should be collected than needed, same shall be returned to those from who it |