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Adel Street Improvements.

limits of the City of Adel, any railroad company is, for all the purposes of this Act, to be deemed to be the owner of the property on each side of such thoroughfare to the extent of the entire width of said right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks, and where the right of way of any railway company abuts any public thoroughfare within the corporate limits of the City of Adel, or when such right of way extends over or into or overlaps any public thoroughfare within the limits of the City of Adel, such railroad company, for all the purposes of this Act, is deemed to be the owner of the property on the side of such thoroughfare on which said right of way abuts such thoroughfare or extends over or into or overlaps the same, to the extent of the entire distance along such thoroughfare that such right of way abuts, extends over or into, or overlaps the same, irrespective of the use to which the said right of way may be put or the portion thereof actually occupied by the track or tracks of such railway company. Any and all property owned by the County of Cook, lying within the corporate limits of the City of Adel and abutting upon any public thoroughfare, 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. Any and all property owned by the City of Adel, exclusive of streets, alleys, and sidewalks, abutting upon the any thoroughfare shall be assessable for any and all public improvements authorized by this Act, and in the same manner and to the same extent as such property would be if owned by any private individual, without regard to use made by the City of Adel of such property. Any assessment to be borne by the City of Adel may be paid out of the general funds of any special fund provided for that purpose.

Adel Street Improvements.

Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Council of the City of Adel may, in its discretion, by proper written resolution provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of Section 5 of this Act, semi-annually on the first day of January and the first day of July, instead of annually. In levying the assessment against property owners for such public improvements as are authorized by this Act the said Mayor and Council may require the installment of interest of such assessments to be paid semi-annually on the first day of December and the first day of June each year, instead of annually as provided in Sec. 2 of this Act.

Semi-annual

payments.

resolution.

Hearing of

Sec. 10. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the City Publication or of Adel shall deem it necessary to make any of the improvements provided for in this Act, and shall have passed the written resolution as provided for in Sec. 2 of this Act, said resolution shall be published by the Secretary and Treasurer in two consecutive issues of the Adel News, or any other newspaper in which the Sheriff's advertisements of Cook County are published, and a time shall be designated in said notice not less than five days or more than ten days from the last publication of said notice for a public hearing before the said Mayor and objections. Council of the City of Adel, at which time all parties at interest may appear in person or by attorney and urge any objection or objections that they may have to the improvements so contemplated, and the Mayor and Council of the City of Adel shall be required to hear, pass upon, and determine such objections, and may modify, alter, amend, or repeal said resolution at such hearing. In the event a material alteration or amendment shall be made to the said resolution, said resolution as amended shall be published as a new resolution as provided for in this Act.

Baconton Street Improvements and School System.

Authority

based on pe

ers of proper

ty.

Sec. 11. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Adel tition of own shall not have authority to pass any ordinances or resolution which gives to the City of Adel the right and authority to make any of the improvements designated in this Act, or levy assessments provided for herein, unless and until fifty-one per cent, or more, of the abutting property owners on the street or project upon which the improvements are desired shall have petitioned the Mayor and Council, setting forth the improvements desired; and be it further enacted that Section 2 of this Act shall not be of force and effect until the provisions of this Section have been complied with.

Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 31, 1926.

BACONTON STREET IMPROVEMENTS AND
SCHOOL SYSTEM.

No. 8, FIRST SESSION.

An Act to amend the Act creating and establishing a new charter for the town of Baconton, to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 13, 1910, so as to authorize said town of Baconton to pave, grade, drain, and otherwise improve for travel the streets, lanes, avenues, roads, and sidewalks of the town, and to assess, levy, and collect certain portions of the cost out of the abutting property, and so as to authorize said town to establish and maintain public schools by local taxation after such question has been submitted to and approved by two-thirds majority of the voters at an election held for deciding such question, and for other purposes.

Baconton Street Improvements and School System.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the

same:

amended.

Section 1. That the Act entitled "An Act creating and establishing a new charter for the Town of Bacon- Act of 1910 ton, to declare the rights, powers, and privileges of said corporation, and for other purposes," approved August 13, 1910, be and the same is hereby amended by adding the following provisions thereto, to wit:

improve

1. The Town of Baconton shall have the power and authority, by ordinance, to pave, grade, and curb and Assessments drain the streets, lanes, avenues, roads, and sidewalks for street of the Town, and to repave, regrade, recurb, and redrain ments. or repair the paving, grading, curbing, and drainage of the same and to assess two thirds of the cost of same against the lots, parcels, or pieces of land abutting on each side of the street, lane, avenue, road, or sidewalk so improved and the owners thereof, according to the lineal foot frontage owned by each thereon; and to require any railroad or street-railroad company, having tracks running in the streets, lanes, or ways of the City so improved, to grade, pave, and drain, regrade, repave, and redrain, or otherwise improve, as said Town of Baconton may by ordinance direct, the width of their tracks and two feet on each side thereof; and in the event such company or companies fail or refuse to comply with said requirements, the Town may have the same done, and the cost and expense thereof shall be assessed against said companies, as hereinafter provided for in this paragraph; and said Town is hereby empowered to enforce the payment of the assessments provided for in this section, by execution against the abutting property and levy and sale. against the owners of the same, which execution shall be

issued and enforced by levy and sale of said property like executions for taxes, due said Town, under existing ordinances or such as may hereafter be made applicable to the subject, and said property shall be sold subject to all incidents of purchase by the City, and redemption

Executions,

Baconton Street Improvements and School System.

Affidavit of illegality.

Lien of assessments.

Publication of ordinance.

Notice to
non-residents.

by the owner as now or as may hereafter be provided by the Code of Georgia. Provided, however, that to an execution issued under the provisions of this paragraph the defendant or property owner shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution is issued is due, and the reason why same is not due by and from defendant or the property owner, and stating what amount is due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Mitchell County and there 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. The assessments provided for in this paragraph shall constitute and be a lien from the date of the ordinance making the assessment, and upon the property against which they are assessed, as well as upon all the property generally of the person owning the property at the date of the assessment, and such lien among other liens shall take rank as Town taxes. One publication of the ordinance providing for the improvements mentioned in this paragraph in the newspaper in Mitchell County in which the sheriff's advertisements are published shall be sufficient notice to the abutting property owners, or railroad or street-railroad companies, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; provided, that in case of non-residents, a copy of said publication shall be mailed to the address of all non-residents owning land abutting said improvements, if the address of such non-residents be known; but failure to send or receive such publication shall not invalidate the ordinance, assessment, levy, or any of the proceedings thereunder.

2. The Town of Baconton is hereby empowered, by Public school ordinance, to create and establish a public-school system co-extensive with the corporate limits of the Town, to

system.

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