« ForrigeFortsett »
Bainbridge Street Improvements.
any installment of such assessment, to cause to be pub-
Sec. 11. Be it further enacted by the authority aforesaid, that the assessment and each installment thereof, and the interest thereon, is hereby declared to be a special lien against the lots or tracts of land so assessed from the date of the ordinance or resolution levying the same coequal with the lien for taxes and superior to all other liens.
Sec. 12. Be it further enacted by the authority aforesaid, that within thirty days from the passage of the or- Bond issue. dinance or resolution providing for assessment the Mayor and Aldermen shall by resolution provide for the issuance of bonds in the aggregate of such assessment remaining unpaid, bearing date thirty days from the passage of the ordinance levying the assessment, and in such denomination as the Mayor and Aldermen shall determine, which said bonds shall in no event become a liability of the City Bainbridge. One tenth in amount of such bonds, with the interest upon the whole series, shall be When paydue and payable on the first day of January next succeeding the maturity of the first installment of the assessment, and one tenth thereof with the annual interest upon the whole shall be due and payable on the first day of January in each succeeding year. Said bonds shall bear interest at the rate of six per cent. per annum and Interest. shall be designated "street improvement bonds," and it shall be recited therein and as a part thereof that said bonds are payable solely from assessments which have
Signed and sealed.
been made, and shall not be a liability on the City. Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall bear the impression of the corporate seal of the City. Each bond shall have ten interest coupons, showing the amount of interest annually due thereon. Said bonds shall be sold at not less than par, and not less than par value, and the proceeds thereof Proceeds ap- applied to the payment of the contract price of such street improvements, or may in the discretion of the Mayor and Aldermen be delivered to the contractor at not less than par and not less than par value in payment of the amount due on his contract. Said bonds shall be registered by the Clerk of Council in a book provided for that purpose, and certificates of such registration shall be endorsed thereon.
Registry of bonds.
Account of collections.
Levy and sale.
Bainbridge Street Improvements.
Sec, 13. Be it further enacted by the authority aforesaid, that the assessment provided for in this act shall be payable on the first day of December of each year, together with the interest thereon, to the treasurer of the City of Bainbridge, who shall give proper receipts therefor; provided, that if the assessments are made after September 1st, the first installment shall be due and payable on December 1st of the next succeeding year. It shall be the duty of the treasurer to keep an accurate account of all such collections made by him on such assessments bonds, keeping the same in a separate fund to be used and applied on the payment of such bonds to the holders thereof. It shall be the duty of the treasurer promptly after the date of the maturity of any such installment or assessment on or before the 20th day of December of each year, in case of default of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement and against the owner thereof for the amount of such assessment with interest, and he shall turn the same over to the chief of police, who shall levy the same on the land described, and after advertisement as in case of sale for taxes by the city shall expose the same at
Bainbridge Street Improvements.
public sale and sell the same to highest bidder, and appropriate the proceeds of to the payment of such bonds, and, if any amount remain, turn the same over to the owner of such tract. After such sale the city chief of police shall execute and deliver a deed to the purchaser, who shall be vested with the title thereto subject to the lien only of the remaining unpaid installments or assessments; provided however that the person against whom and whose property the fi. fa. has been issued aforesaid Affidavit of shall have the right to file an affidavit denying the whole illegality. or any part of the amount for which the execution issued is due, or that he has other legal defenses to the payment of the same, which affidavit shall be filed with the chief of police, who shall return it to the Superior Court of the county where the amount of the execution. is over one hundred dollars, and to the Justice Court of the 513th District G. M., Decatur County, where the amount of the execution is less than one hundred dollars, where the respective courts shall try the same in the same manner as other affidavits of illegality are tried, which are filed to the levies of tax fi. fas. or otherwise.
Sec. 15. Be it further enacted by the authority aforesaid, that all laws and parts of laws inconsistent and in conflict herewith are hereby repealed.
Approved March 19, 1926.
Sec. 14. Be it further enacted by the authority afore- other paving said, that all other laws in and amendments to the charter laws repealed. of the City of Bainbridge relative to paving are hereby repealed, and that this act shall be the sole and only paving law in force for the City of Bainbridge.
Baxley Street Improvements.
BAXLEY STREET IMPROVEMENTS.
No. 3, FIRST SESSION.
An Act to amend an Act to create and establish a new charter for the City of Baxley, which was approved August 21, 1921, by adding to same and immediately after Section 61 of said original Act aforesaid, to be known as Subsections 61A, 61B, 61C, 61D, 61E, 61F, 61G, 61H, 611, 61J, 61K, 61L, 61M, 61N, 610, and 61P, and which original charter declares the rights, powers, and privileges of said corporation, providing for a Mayor and Council, and to amend said Act heretofore specified, and to empower the City of Baxley to grade, pave, drain, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other pubic places or highways or any portion thereof within the corporate limits of said City of Baxley, and repave, regrade, and recurb any of said places in said. City of Baxley, and to assess the cost of making such improvements in whole or in part, as provided for in this amended Act, 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, or otherwise used in making the provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor for any one using such funds for any other purpose; that the City may assess, as provided for in this amended Act, the cost of so improving street intersections, as well as the cost of making any and all necessary curbing, against the owner of property abutting on the street or streets in which the intersections occur, as well as against the abutting property in the extension of the
Baxley Street Improvements.
pavement of which street curbing may be necessary. The purpose of this amended Act being to empower the City of Baxley to assess the cost of paving street intersections as provided for in this Act, and making all necessary curbing, whether the street intersections or the curbing abuts from the property of private individuals or not, said cost to be prorated among the owners and their property which abuts, upon which the street or streets from which the intersections occur or the curbing may be necessary, in just such proportion, as provided for in this Act, as the Mayor and Councilmen of said City may deem equitable and just; to empower said City to create between itself and any person, firm, corporation, or governmental agency or department the relation of principal and agent for the making of any or all contracts for the making of said improvements, so that the City may authorize any person, firm, corporation, governmental agency, division or department to make for it and in its behalf any and all contracts and agreements for the making of improvements; to empower the Mayor and Councilmen of said City to issue the bonds of said City for the purpose of making any and all said improvements or any portion thereof, in accordance with this Act, or which have heretofore been authorized by law, provided that in the issuing of said bonds all the provisions of the Constitution and the laws of this State regarding the issuing of municipal bonds shall be fully complied with; to empower said City of Baxley to accept and receive any gift, donation, and contribution from any source whatever for the purpose of making any of said improvements, and to empower the Mayor and Councilmen of said City to use and appropriate any such donation, gift, or contribution in their discretion, either in reduction of any assessment which may be made against said City as its proportion of the cost of making any of said improvements, or in reduction of any of the assessments which may be made against the owner and the abutting property; to empower said city to levy an ad va