Baxley Street Improvements.

Act of 1911

amended.

Powers.

lorem tax not to exceed eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State, for the purpose of paying said bonds and interest thereon and paying for said improvements, and that any protion of the funds so raises may, in the discretion of the Mayor and Councilmen of said City, be used to make any of the improvements herein authorized, and this method of payment for said improvements herein authorized shall be additional and cumulative of the other methods for payment therein authorized; and for other purposes.

Subsection 61A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, an Act incorporating the City of Baxley in the County of Appling, and providing a government for . same, as approved August 21, 1911, adopted by the General Assembly of Georgia amending said Act, be and the same is hereby amended in the particulars hereinafter set out.

Subsection 61B. Be it further enacted by the authority aforesaid, that the Mayor and Council of said municipality shall have full power and authority in their discretion to grade, pave, macadamize, curb, drain, and other wise improve for travel the streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of said municipality, and that whenever any of the said streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, shall have been authorized under the laws and ordinances of said municipality to be graded, paved, or macadamized, curbed, drained, and otherwise improved, and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by said municipality incident to such improvements, the

Baxley Street Improvements.

Apportion

Assessments.

Mayor and City Council shall by written resolution appor- ment of cost, tion the cost and expenses of the same pro rata per front etc. foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements not in excess of two thirds of said cost, and that the other one third shall be borne by the said City of Baxley, and shall then levy assessments against said abutting property as herein provided, and the owners thereof, in accordance with such apportionment and as hereinbefore provided, which assessments shall be paid in ten equal annual installments, and shall bear interest at the rate of not exceeding six per cent. per annum until paid, said interest payable annually; and provided that the amount to be paid by said City of Baxley may be proportionately reduced according to any amount of funds on any street that may Reduction. be supplied by or through any governmental agency or other source.

Installments.

Interest.

Subsection 61C. Be it further enacted by the authority aforesaid, that the first installment, together with Payments. interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the first day 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 said 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 assessment, without interest, and thus relieve his property from the lien of such assessment.

Subsection 61D. Be it further enacted by the authority aforesaid, that such special assessment and each install- Lien. ment thereof, together with interest on the same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the

Baxley Street Improvements.

Bond issue.

When payable.

assessment, coequal with the lien of other taxes, and prior and 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.

Subsection 61E. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying such assessments, the Mayor and City 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 assessments, and such denominations as the Mayor and City Council may determine, which bonds shall become a debt and liability of the City of Baxley by reason of its issuing the same for the purpose herein specified. One tenth in amount of any such series of bonds, with the interest upon the whole amount of such series up to the first day of January next succeeding the maturity of the first installment of the assessment as hereinbefore provided, shall be payable on that date; and one tenth in amount of such issue of bonds, together with the annual interest upon the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year until all of said installInterest rate. ments shall have been paid. Such bonds shall bear interest at a rate not exceeding a rate of six per cent. per annum from their date until maturity, payable annually, and shall be designated "Street Improvement Bonds,' and shall on their face recite the streets or other public places for the improvement of which they have been issued, and that they are payable as heretofore provided, two thirds to be paid by the abutting property owners, one half of said two thirds to be paid by the abutting property owner on one side of such street or other public place so to be improved, and one half of said two thirds to be paid by the abutting property owner on the opposite side, from assessments which have been levied upon lots, parcels, and tracts of land benefited by such improvements

Baxley Street Improvements.

and seal.

under authority of this Act, and the remaining one third to be paid by the City of Baxley. Said bonds shall be Signature signed by the Mayor and attested by the City Clerk, and shall have the impression of the corporate 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, as may be designated by the Mayor and Council. Said bonds shall be sold at not less than Sale price. 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. Any portion of the Disposal. bonds not so negotiated or turned over to the contractor

may be sold or otherwise disposed of by the Mayor and City Council, at not less than par value, and the proceeds applied to any expense incident to and incurred by the City in providing for such improvements in accordance with this Act. Said bonds may, at the option of the holder thereof, be registered by the City Clerk in a book to be provided for that purpose, and a certificate of regsitration by the Clerk shall be by him endorsed upon each of said bonds.

Registry.

assessments.

Subsection 61F. Be it further enacted by the authority aforesaid, that the assessments provided for and levied Payment of 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 of each year, together with the interest thereon, to the Clerk of the City of Baxley, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st, then the first installment and interest shall become due and payable on December 1st of the succeeding year. It shall be the duty of the City Clerk to keep Account of an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to

collections.

Baxley Street Improvements.

Penalty.

Execution.

Levy and sale.

Title.

Affidavit of illegality.

Cost to owners.

be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such funds by any one shall constitute a misdemeanor, and be punishable as such under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. It shall be the duty of said Clerk, upon default of payment of the principal or interest of any assessment or installments herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment, or against the owner of the property for the full amount thus becoming due and unpaid, and to forthwith turn over such execution to the City Marshal, who shall promptly levy the same upon the real estate liable for the assessment, and previously assessed for such improvements; and, after advertisement and other proceedings as in the case of sales 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 remaining unpaid installments with interest; provided, that the defendant in execution shall have the right to file an affidavit of illegality, denying that the 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 amounts so so 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 the execution is proceeding illegally, and, when received by the Marshal, said affidavit shall be returned by him to the Superior Court, and there be tried and the issue determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay.

Subsection 61G. Be it further enacted by the authority aforesaid, that the expenses shall not be greater on any abutting property owner than heretofore provided for constructing sidewalks, footways, drains, and gutters