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Quitman Street Improvements.

amount for which said execution is issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the City Marshal or Chief of Police, shall be returned to the Superior Court of Brooks County, Georgia, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. The failure of the said Treasurer or Clerk to publish said notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor.

Return for trial.

Sec. 12. 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 Board of Commissioners from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason other than for the failure of the Board of Commissioners to adopt and publish the preliminary resolution provided for in Section three of this Act in cases requiring such resolution and its publication, and to give notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be com- Limitation menced within sixty (60) days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Board of Commissioners may at any time, in the manner provided for the levying and

of action.

Quitman Street Improvements.

Repaving, etc.

Times of

publication of notices.

Assessments
to City,

County, and
State.

original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where said Board of Commissioners shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act; and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of the said Board of Commissioners for said city the pavement is worn out and no longer serviceable.

Sec. 14. Be it further enacted by the authority aforesaid, that the publication of all notices in a newspaper called for in this Act shall be the number of days therein specified, inclusive of Sunday and legal holidays.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or land of said city petition the said Board of Commissioners as herein set out, or said Board of Commissioners pass the resolution provided for in Section three of this Act, for the pavement of any such street, avenue, alley, or lane, or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for the purposes of assessment: and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in behalf of the State, and where

Savannah Street Closing Authorized.

the County is the owner, the Chairman of the Board of County Commissioners of Brooks County is authorized to sign in behalf of the county; and where the City of Quitman is the owner, the Chairman of the Board of Commissioners for the City of Quitman is authorized to sign in behalf of the city.

cumulative.

Sec. 16. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise This law is annul and void the present law under the present charter of the City of Quitman in reference to paving within the City of Quitman, but the same shall be in addition to the present laws governing paving within said city.

Sec. 17. 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 23, 1926.

SAVANNAH STREET CLOSING AUTHORIZED

No. 22, SECOND SESSION.

An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of President Street in said City, between Bull and Whitaker Streets; and for other purposes.

and closing

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and Aldermen of Abandonment the City of Savannah are hereby authorized and empow- of part of ered to close and abandon, as a street, and highway, that portion of President Street in said City, between Bull and Whitaker Streets, lying between the present Post-Office

President

Street.

Swainsboro Charter Amendments.

Proviso.

Building and Lot "E," Percival Ward; and upon such terms as to the Mayor and Aldermen may seem reasonable for the purpose of conveying the same to the United States Government in fee simple. Provided, however, that the United States Government has acquired the title to Lot Letter “E,” Percival Ward, above described, and provided further, however, that any action be taken by the authority of this Act shall require an affirmative vote of two thirds of the Mayor and Aldermen.

Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 8, 1926.

SWAINSBORO CHARTER AMENDMENTS.

No. 2, SECOND SESSION.

An Act to amend an Act entitled An Act to incorporate
the City of Swainsboro, in the County of Emanuel, and
for other purposes, approved December 6, 1900 (Georgia
Laws of 1900, pages 427 to 438), in the following par-
ticulars, to wit:

First. By repealing and amending Act entitled An
Act to incorporate the Swainsboro School District in
Emanuel County, and for other purposes, approved
August 5th, 1904 (Georgia Laws of 1904, pages 323 to
328).

Second. By repealing and amending Act creating a
System of public Schools in and for the City of Swains-
boro, and for other purposes, approved August 23, 1905
(Georgia Laws of 1905, pages 526 to 529), together
with an Act amendatory of the same, approved Au-
gust 16, 1912 (Georgia Laws of 1912, pages 1420 to
1423).

Swainsboro Charter Amendments.

Third. By authorizing the City Council of the City of Swainsboro to sell and convey the city-owned public school properties, whether the same be real, personal, or mixed, to the proper authority of the Swainsboro School District No. 66, of Emanuel County, for such a consideration as it shall deem to be for the best interest of said City, the school properties to be transfered by warranty deed in the name of "The City Council of the City of Swainsboro," by its Mayor, attested by its Clerk, with the corporate seal attached.

Fourth. By authorizing the City Council of the City of Swainsboro to survey, grade, repave, pave, or otherwise improve any of the sidewalks of the City of Swainsboro, whenever in their judgment the same shall be for the best interest of said City; and to assess the cost of all such improvements against abutting property and the owners thereof, in proportion to frontage upon such sidewalks; and to survey, grade, pave, macadamize, or otherwise improve such portions of the streets, lanes, alleys, or ways of said City, as and when, in their judgment, same is to the best interest of the citizens thereof; and to assess two thirds of the total cost of the same against abutting property and the owners thereof, in proportion to the frontage thereon, one third, of such expense to be apportioned to property and the owners thereof, on each side of such street, lane, alley, or way thus improved, with the provision that where any of the roads of the County of Emanuel extending into or through the City of Swainsboro shall be paved, the City Council of the City of Swainsboro shall have credit on its one third of the total cost of such paving of the streets, lanes, alleys, or ways of said City, which shall be so paved by the City Council of the City of Swainsboro in the proportion that such road paving shall bear to the whole cost of the paving said streets, alleys, lanes, or ways; and should the cost of such road paving amount to more than one third of the total cost of both the road and city paving, the

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