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Adel Street Improvements.
ADEL STREET IMPROVEMENTS.
No. 7, SECOND SESSION.
An Act to amend an Act incorporating the City of Adel, approved July 29, 1919, as amended by two Acts approved July 19 1920, to and consolidate the Acts relating to the acts and powers of said corporation; to enact amendments thereto, and for other purposes, so as to empower the City of Adel to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places, highways, or any portion thereof, within the corporate limits of the City of Adel, and to assess the cost of making such improvements, in whole or in part, against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds" to be negotiated by the City of Adel or otherwise in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the Acts of 1919 same, that the Act approved July 29, 1919, incorporating the City of Adel, as amended by two Acts approved July 19, 1920, be and the same is hereby amended by adding thereto the following provisions:
Sec. 2. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the City of Adel, shall have been authorized under the laws and ordinances of the
Apportionment and assessment of cost, etc.
Adel Street Improvements.
City to be paved, macadamized, curbed, or otherwise improved, and the contract for such improvements have been let and the cost of such improvements has been ascertained, which costs shall include all expenses incurred by the City incident to such improvements, the Mayor and Council of said City of Adel shall by written resolution apportion the cost and expenses of the same pro rata per front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and shall then levy assessments against the said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessment shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually.
Sec. 3. Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, and one installment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year until all shall have been paid; provided, nevertheless, that any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying the assessments, without interest, and thus relieve this property from the lien of such assessment.
Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and
Adel Street Improvements.
superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid:
Sec. 5. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessments, the said Mayor and Council shall by written resolution provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessment, and of such denominations as the said Mayor and Council may determine, which bonds shall city not liain no event become a debt or liability of the City of Adel by reason of its issuing the same for the purpose herein specified. One tenth in amount of any such series of bonds, with interest upon the whole amount of such series bonds. up to the first day of January next succeeding the maturity of the installment of the assessment, as hereinbefore provided, shall be payable on the date; and one tenth in amount of such issue of bonds, together with the annual interest on the whole amount thereof remaining unpaid, shall be payable on the first day of January of each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not to exceed six Interest. per cent. per annum from their date until maturity, payable annually, and shall be designated "Street Improvement Bonds," and on their face recite the streets or other public places for improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the and seal. Mayor and attested by the Secretary and Treasurer of the City of Adel, and shall have the impression of the coporate seal of said 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, and may be designated by
Adel Street Improvements.
the Mayor and Council of the City of Adel. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements; or such bonds may in whole or in part be negotiated and delivered to the contractor, at not less than par value, in payment of any amount due him on his contract, and any portion of the bonds not so negotiated and turned over to the contractor may be sold or otherwise disposed of by said Mayor and Council and not less than par value, and the proceeds applied to any expenses incident to and incurred by the City in providing for such improvements. Said bonds shall be registered by the said Secretary and Treasurer in a book to be provided for that purpose, and a certificate of registration by the Secretary and Treasurer of the City of Adel shall be by him endorsed upon each of said bonds.
Sec. 6. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December each year, together with the interest thereon, to the secretary and treasurer of the City of Adel, who shall give proper receipts for such payments; provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on Decembder the 1st of the succeeding year. It shall be the duty of the Secretary and Treasurer of the City of Adel to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of the said Secretary and Treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment and against the owner of the
Adel Street Improvements.
Levy and sale.
property, for the full amounts thus becoming due and unpaid, and to forthwith turn over such execution to the Chief of Police of said City of Adel, who shall promptly levy the same upon the real estate liable for the assessment and previously assessed for such improvement; and after advertisement and other proceedings as in the case of sale 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 Title. remaining unpaid installments with interest thereon; provided, however, that the defendant in execution shall have the right to file an affidavit of illegality denying that the Illegality. whole or any part of the amount for which the execution issued is due, stating what amount (if any) he admits to be due, which amount shall be admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims Return and the execution is proceeding illegally and, when received trial. by the Chief of Police, shall be returned by the said Chief of Police to a Justice Court or to the Superior Court if the amount of execution is one hundred dollars or less, and to the Superior Court only if the amount contested is over one hundred dollars, and there to be tried and the issue determined as in the case of illegality, subject to all fines and penalty provided by law in such cases for delay.
Sec. 7. Be it further enacted by the authority aforesaid, that the entire expense of constructing, paving, pense assessmacadamizing sidewalks, footways, streets, alleys, curb- ed against ing, drains and gutters along the sides of all public thor- property. oughfares in the City and such other street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements and shall be paid by the owners of such property, according to its frontage thereon.
Sec. 8. Where the right of way of any railroad company crosses any public thoroughfare within the corporate assessed.