Board of appraisers.

Report.

Wadley Street Improvements.

wise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act.

Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said city, shall have been authorized under the laws and ordinances thereof, to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the city incident to such improvements, including the cost of intersections on any street or streets to be paved, the Mayor and Council of said City shall by written resolution appoint a Board of Appraisers, consisting of five persons who shall be freeholders of said City of Wadley, and shall possess the same qualifications as are required by the charter and ordinances of said City of Wadley for the office of Mayor; and when said Board are appointed, they shall do and perform all the duties provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other cause, the Mayor and Council of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, avenue, or other public place so improved, with the Clerk of Council of said city, in the manner and on the basis herein provided.

Wadley Street Improvements.

Publication of

When such report shall have been returned and filed, the Mayor and Council shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning said appraise- Objections. ment, apportionment, and assessment as to any such tracts or lots of land abutting on said improvement; and notice of the said session for the said hearing shall be published by the said Clerk of Council once a week notice. for two consecutive weeks, in a newspaper of general circulation in the City of Wadley, and said notice shall provide for an inspection of such report by any propertyowner or other party interested in such report. The time fixed for said hearing shall not be less than seven Time for days nor more than fifteen days from the last publication. The said Mayor and Council at said session, shall have the power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made Review. by the said Board, or as corrected by said Mayor and Council.

hearing.

Resolution.

Payments.

Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Council shall by written resolution levy an assessment against the lots or parcels of Levy of asland abutting on said improvement, in accordance with sessment. said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Council, and such assessments shall be due and payable fifteen days after the date of the ordinance levying said assessments without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable Installments. on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Coun- Interest.

Notes.

Liens.

Estoppel.

Special lien.

Bond issue.

Wadley Street Improvements.

cil upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Wadley his promissory notes in a form approved by said Mayor and Council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property-owner by electing to pay said assessment in ten equal annual installments, by giving promissory notes for said installments, shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever.

Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest thereon, shall be a special lien against the lots, parcels, or tracts of land so assessed from the date of the resolution levying the assessment, to be equal with the lien for other taxes, and prior and superior to all other liens against such lots, parcels or tracts of land, and such liens shall continue until such assessments and the interest thereon is fully paid.

Sec. 5. Be it enacted by the authority aforesaid, that any time after the date of the passage of the orordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Council of the City of Wadley may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount

Wadley Street Improvements.

Non-liability

Payment of

remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said Mayor and Council may determine, which bonds shall in no event become a debt or liability of said City of Wadley by of city. reason of its issuing the same for the purposes herein specified; one tenth of the amount of such series shall become due and payable on the first day of January bonds. next succeeding date of the issuance thereof, and one tenth of the amount of such issue of bonds together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid shall be payable on the first day of January in each succeeding year until all of said installments shall have been paid; said bonds shall bear interest at not exceeding eight per cent. per Interest rate. annum from their date until maturity, which interest may be required to be paid annually or semi-annually, as said Mayor and Council may determine, and shall be designated "Street Improvement Bonds," and shall on their face recite the street or streets or other public places for the improvement of which they have been issued, and that they are payable exclusively 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 Signature and the Mayor of the City of Wadley and attested by the Clerk thereof, and shall have thereon the impression of the incorporate seal of said city, and shall have attached thereto interest coupons, and all bonds issued by virtue of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by said Mayor and Council; the proceeds of said bonds shall be applied to the payment of the contract price and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting Disposal. person, persons, firm, firms, corporation or corporations, making and having made such improvements, at such price as may be agreed upon in payment of any amount

seal.

Wadley Street Improvements.

Registry.

Payment of assessments.

Account of collections.

Execution.

or amounts due such contract or contracts, and any portions of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the City of Wadley and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements; said bonds shall be registered by the Clerk of the City of Wadley as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds.

Sec. 6. Be it 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 said lots, parcels, or tracts of land on the first day of December of each year, together with interest thereon, to the Clerk of said City of Wadley, who shall issue proper receipts therefor. The aforesaid officer of the City of Wadley shall keep an accurate account of all such collections made by him, which shall be kept as a separate fund to be used and applied to the payment of such bonds and the interest thereon and for no other purpose, and the Mayor and Council of said City of Wadley is authorized and empowered by proper ordinance to fix the date or dates for the payment of all assessments and interest thereon as in their discretion they deem advisable, when not inconsistent with any of the other provisions of this Act relating thereto.

Sec. 7. Be it enacted by the authority aforesaid, that upon failure of any property owner to pay any assessment herein levied, the City of Wadley is authorized to issue its execution against such property owner and such property for such sums as may be due with interest, for such paving and improvements as are made by virtue of this Act, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereLevy and sale. under conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in