Wadley Street Improvements. the purchaser absolute title to the property sold, subject Title. to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy, any abutting property owner shall have the right to file an affidavit of illegality, Affidavit of returnable to the Superior Court of Jefferson County, illegality. and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the Superior Return for Court of Jefferson County, when said affidavit is filed the same shall be tried and determined as in other cases of illegality, subject to all penalties provided by law in cases where such proceedings are filed for delay only, and said affiant shall be required to give bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu thereof Pauper affimay file an affidavit in forma pauperis as provided in claim cases. Sec. 8. Be it further enacted by the authority aforesaid, that said Mayor and Council in its discretion may assess the whole or any part of the expense of constructing sidewalks, footwalks, curbing, drains, and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the cost of all materials used in making such street improvements against the property abutting on such thoroughfares, streets, or highways receiving such benefits, which shall be against the property and the owners thereof according to its frontage as is provided in this Act, and the cost of making such other street improvements as are authorized under this Act shall be appropriated and assessed as follows: Not exceeding two thirds (2-3) of the cost and expenses of improvements made in pursuance of davit. Assessment of cost. Wadley Street Improvements. Tax ad valorem. Assessments, how fixed. this Act shall be assessed against the abutting property and its owners on the two sides of the street or other public thoroughfares paved, macadamized, or otherwise improved according to its front footing and in connection with the other provisions of this Act prescribing the manner in which said apportionment and assessments are to be made, and the balance or residue of such expenses and cost shall be chargable to and borne by the City of Wadley, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Jefferson County, for the use and benefit of the public streets in the City of Wadley, by the State or Federal Government, or by the State and Federal Government or either State or Federal public road funds, or both, and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax, by the issuance of bonds, or by State or Federal road funds allotted to the City of Wadley under the laws of this State. The Mayor and Council of the City of Wadley, Georgia, are hereby authorized to fix the assessments to be paid by the abutting land owners on any street, or on any block in said City which is to be paved, at any fractional part of the cost of said improvement not to exceed the said two thirds thereof, and for that purpose they are to take into consideration the location of the property, the improvements thereon and the value thereof, and the nearness or remoteness of such street or block from the business or residential section of said City, the presence or absence of parks or boulevards, the width of the street or any factor in the discretion of the Mayor and Council, and may use in their discretion any basis for fixing the proportion to be paid by the abutting land owners, but in no event shall such apportionment exceed said two thirds as hereinabove provided for. Wadley Street Improvements. Sec. 9. Be it further enacted by the authority afore-said that when the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed for the purpose of this Act as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Jefferson County lying within the corporate limits of said City and abutting any street or highway thereof shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property, and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Sec. 10. Be it further enacted by the authority afore Railroads. said, that the Mayor and Council of the City of Wadley Ordinance and is authorized and empowered to enact such ordinance resolutions. and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment, and collection of all costs and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date or dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments. Co-operation Sec. 11. Be it enacted by the authority aforesaid, that the City of Wadley is authorized and empowered with County to make all the improvements provided for in this Act, or State. Control of streets. of property taken or amount of damage. Wadley Street Improvements. independent of or in connection with the authorities of Jefferson County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, as is now provided by the Acts of the General Assembly of Georgia, approved August 14, 1909, upon such terms as may be fixed by said State Highway Department, not inconsistent with this Act, and make all contracts necessary in connection therewith. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Wadley shall have full and complete control of the streets, alleys, sidewalks, and squares of said city, and shall have power and authority. to open, lay out, widen, straighten, or otherwise change all streets, sidewalks, alleys, and squares in said City of Wadley. Whenever the said Mayor and Appraisement City Council of the City of Wadley shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damage, the said Mayor and City Council of Wadley shall choose one appraiser and the owners of the land to be taken or damaged shall choose another appraiser and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner of the property caused by the opening or changing of such street, alley, or square; and if the property owner after five days' notice shali fail to name an appraiser, the Clerk shall appoint one for him; and in every case where the two appraisers chosen shall, for the space of five days fail to agree upon the third appraiser, the said Clerk shall appoint such appraiser; Provided, the said appraisers, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the Clerk's office of the Superior Court of Jefferson County, and shall thereupon operate as a judgment and execution may issue thereon. Either party may, within ten days Award. Wadley Street Improvements. from the filing of the award, enter an appeal to the Su- County liable ment. Sec. 13. Be it further enacted by the authority aforesaid, that when any property of Jefferson County abuts to assessupon any sidewalk in said City, the City of Wadley shall have power and authority to pave, curb, remove or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said City of Wadley, said city shall have power and authority to assess against said Jefferson County its proportionate part of the cost of such grading, paving, or improving, according to frontage; and the method of collection, in case of refusal to pay, shall be by suit against the County Commissioners of Jefferson County in some court of competent jurisdiction. of action. Sec. 14. 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 Mayor and Council Limitation from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council |