Acts and resolutions of the General Assembly of the state of Georgia at its extraordinary sessions first, February 24th, 1926, to March 18th, 1926 second, March 19th, 1926, to April 15th, 1926 [volume 1]



Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: BYRD PRINTING CO., 19260224 English

Page 4

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AT ITS EXTRAORDINARY SESSIONS FIRST, FEBRUARY 24th, 1926, TO MARCH 18th, 1926 SECOND, MARCH 19th, 1926, TO APRIL 15th, 1926 19260224 19260318 19260319 19260415 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1926 BYRD PRINTING CO., State Printers ATLANTA. GA.

Page 5

TABLE OF TITLES PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS. TITLE II.TAXATION. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.EDUCATIONSCHOOL LAWS. TITLE V.MISCELLANEOUS CIVIL LAWS. PART II.LOCAL AND SPECIAL LAWS TITLE I.COUNTY MATTERS. TITLE II.MUNICIPAL CORPORATIONS. PART III.RESOLUTIONS

Page 6

PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXATION. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.EDUCATIONSCHOOL LAWS. TITLE V.MISCELLANEOUS CIVIL LAWS.

Page 7

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY AT THE Extraordinary Sessions of 1926 First, February 24, 1926, to March 18, 1926 Second, March 19, 1926, to April 15, 1926 TITLE I. APPROPRIATIONS ACTS Expenses of Extraordinary Sessions. Salary of Assistant Commissioner of Commerce and Labor. Twelfth District School Administration Building.

Page 8

EXPENSES OF EXTRAORDINARY SESSION No. 28, SECOND SESSION An Act to make appropriations for the expenses of the Extraordinary Session of 1926. 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 sums of money herein set out, or so much thereof as may be needed, be and the same are hereby appropriated for the expenses of the Extraordinary Session of 1926, to be paid in the same manner as similar expenses are paid for the regular session of the General Assembly, towit: Appropriation enactment. Section 1. Senate. Subsection 1. Officers and members, Items: Senate. (a) For the compensation of the President of the Senate, per diem 10.00 President. (b) For the compensation of the members of the Senate, per diem 7.00 Members. In addition to the above sum the President and Members of the Senate shall receive mileage at the rate of ten cents per mile. Mileage. Subsection 2. Employees. Items: (a) For the compensation of the Secretary of the Senate, per diem 60.00 Secretary. (b) For the compensation of the Messenger of the Senate, per diem 7.00 Messenger. (c) For the compensation of the Doorkeeper of the Senate, per diem 7.00 Doorkeeper. In addition the Doorkeeper and Messenger of the Senate shall receive the same mileage as the members of the Senate. Mileage.

Page 9

Section 2. House of Representatives. Subsection 1. Officers and Members. Items: House. (a) For the compensation of the Speaker of the House of Representatives, per diem 10.00 Speaker. (b) For the compensation of members of the House of Representatives, per diem 7.00 Members. In addition to the above sum the Speaker and members of the House of Representatives shall receive mileage at the rate of ten cents per mile. Mileage. Subsection 2. Employees. Items: (a) For the compensation of the Clerk of the House of Representatives, per diem 70.00 Clerk. (b) For the compensation of the Messenger of the House of Representatives, per diem 7.00 Messenger. (c) For the compensation of the Doorkeeper of the House of Representatives, per diem 7.00 Doorkeeper. In addition the Messenger and Doorkeeper of the House shall receive the same mileage as the members of the House of Representatives. Mileage. (d) For the incidental expenses of the House of Representatives 125.00 Incidental expenses. (e) For the incidental expenses of the Senate 100.00 (f) For indexing the journals of the House of Representatives 125.00 Indexing Journals. (g) For indexing Journals of the Senate 125.00 (h) For printing, stationary, supplies, furniture, repairs, for the General Assembly and for repairing and operating the amplifier in the Hall of the House or so much thereof as may be necessary 4,000.00 Printing, supplies, repairs. (i) For compensation of assistant doorkeepers, assistant messengers, and other attaches of the House, and of the Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly. Assistants. (j) For the printing of the 1925-1926 Manuals, or so much thereof as may be necessary 500.00 Printing of Manuals. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved April 10, 1926. SALARY OF ASSISTANT COMMISSIONER OF COMMERCE AND LABOR. No. 35, SECOND SESSION. An Act to appropriate the increased salary of the Assistant Commissioner of Commerce and Labor from August 27, 1925, to December 31, 1925, as provided for in the Acts of 1925, page 141. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of two hundred and eight dollars and six cents ($208.06) be and the same is hereby appropriated for the payment of the increased salary due and unpaid of the Assistant Commissioner of Commerce and Labor, from August 27, 1925, to December 31, 1925, as provided for by an Act approved August 27th, 1925, page 141, and that said sum shall immediately become available out f the general fund of the State Treasury. $208.06 payable immediately. Sec. 2. 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 April 17, 1926.

Page 11

TWELFTH DISTRICT SCHOOL ADMINISTRATION BUILDING. No. 11, SECOND SESSION. An Act to appropriate to the trustees of the University of Georgia for the use and benefit of the Twelfth District A. M. School at Cochran, the sum of ninetyfive thousand dollars, to build and equip an administration building to replace the building recently destroyed by fire, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there is hereby appropriated to the trustees of the University of Georgia, for the use and benefit of the Twelfth District A. M. School at Cochran, the sum of ninety-five thousand dollars, to be used in building and equipping an administration building to replace the building recently destroyed by fire. $95,000 to build and equip. Sec. 2. Be it further enacted, that the above amount shall be available immediately upon the passage of this bill, and shall be paid from the treasury of Georgia, upon warrant drawn by the Governor; provided, however, that only such amounts be drawn as are required during process of erection and completion of said building. Available immediately. Sec. 3. Be it further enacted, that all laws or parts of laws in conflict herewith are hereby repealed. Approved April 1, 1926.

Page 12

TITLE II. TAXATION ACTS Cigar and Cigarette Tax. Estate and Inheritance Taxes. Exempting School Property from Tax. Insurance Agents, Occupation Tax on. CIGAR AND CIGARETTE TAX. No. 27, SECOND SESSION. An Act to amend an Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, by amending the caption of said Act of December 19, 1923, by striking therefrom the words so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes, and substituting in lieu thereof the following: so as to provide for the collection of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the payment thereof, and to prescribe the method of using same, and for other purposes, by striking from said Act of December 19, 1923, all of sections one, two, and three, and substituting in lieu thereof the following: 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 Act approved August

Page 13

15, 1923, entitled `An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of building and equipping new buildings for the State Tuberculosis Sanitorium at Alto, and for the purpose of paying persons now due and to become due under the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 1919, and for other purposes; be and the same is hereby amended by striking all of paragraph (b) of Section one, and inserting in lieu thereof the following: (b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall thereupon furnish to such dealer stamps of such design and denominations as may be prescribed by said commissioner of revenue; and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars a stamp, or stamps, furnished by said Commissioner of Revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale, and for other purposes.' Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the caption of an Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same is hereby amended by striking from said caption the words, so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes, and substituting in lieu thereof the following: so as to provide for the collection

Page 14

of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the payment thereof, and to prescribe the method of using same, and for other purposes. Act of 1923 amended. Sec. 2. Be it further enacted that the Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same hereby amended by striking all of sections one, two, and three of said Act of December 19, 1923, and substituting in lieu thereof the following: 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 Act approved August 15, 1923, entitled `An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of building and equipping new buildings for the Tuberculosis Sanatorium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 1919, and for other purposes,' be and the same is hereby amended by striking all of paragraph (b) of Section One, and inserting in lieu thereof the following: `(b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall furnish to such dealer stamps of such design and denominations as may be prescribed by said Commissioner of Revenue; and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars a stamp, or stamps, furnished by said commissioner of revenue, evidencing the payment of the tax imposed by this act, and to cancel such stamps before said cigarettes or cigars are offered for sale.' Substitute section. Tax payment Stamps. See 158 Ga. 633.

Page 15

Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 10, 1926. ESTATE AND INHERITANCE TAXES No. 10, SECOND SESSION An Act to amend an Act approved August 27, 1925, entitled, An Act to assess and collect from estates in Georgia, subject to Federal Estate Taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes; to provide how the same shall be determined and collected; to provide for taxing estates not returned within 12 months from the death of the decendent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes, by inserting between the words may and die in the fifth line of Section 1 of said Act the word hereafter, by substituting for the word twenty-five in the sixteenth line of Section 1 of said Act the word eighty, by adding at the end of Section 4 of said Act the words, and shall bear interest at the rate of one per cent. per month until paid, by inserting between the words estates and under in Section 5 of said Act the words, of persons dying after the passage of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act approved August 27, 1925, entitled An Act to assess and collect from estates in Georgia, subject to Federal Estate taxes, 25 per cent. of the amount found to be due as Federal taxes, for State Inheritance taxes; to provide how the same shall be determined and collected; to provide for taxing estates not returned within 12

Page 16

months from the death of the decedent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes, be amended in the following particulars: Act of 1925 amended. (1) That Section 1 of said Act be amended by inserting between the words may and die in the fifth line thereof the word hereafter, and by substituting for the word twenty-five in the sixteenth line thereof the word eighty, so that when amended said Section shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act it shall be the duty of the legal representative of the estate of any person who may hereafter die a resident of this State, and whose estate is subject to the payment of a Federal Estate tax, to file a duplicate of the return which he is required to make to the Federal authorities, for the purpose of having the estate taxes determined, with the State Tax Commissioner. When such duplicate is filed with the said official, he shall compute the amount that would be due upon said return as Federal Estate Taxes under the Act of Congress relating to the levy and collection of Federal Estate Taxes upon the property of said estate taxable in Georgia, and assess against said estate as State inheritance taxes eighty per centum of the amount found to be due for Federal Estate Taxes. To be read. Sec. 1. Duty of legal representative. (2) That Section 4 of said Act be amended by adding at the end thereof the words, and shall bear interest at the rate of one per cent. per month until paid, so that when amended said section shall read as follows: Section 4. Be it further enacted, that whenever the legal representative of any estate taxable under this Act fails to pay the amount assessed against said estate, within six months after notice from proper authority as to the amount to be paid, it shall be the duty of the Tax Collector of the County of the administration to issue execution for the amount of such tax against said estate,

Page 17

which execution shall be enforced by levy and sale, and shall bear interest at the rate of one per cent. per month until paid. Sec. 4. Interest on execution. (3) That Section 5 of said Act be amnded by inserting between the words estates and under the words, of persons dying after the passage of this Act, so that when amended said Section shall read as follows: Section 5. Be it further enacted that there shall be no other inheritance tax assessed or collected out of estates of persons dying after the passage of this Act, under the laws of this State. Sec. 5. Future application. Sec. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed, except in so far as they may be applicable to estates of persons who died before its approval. See 156 Ga. 601, 159 Ga. 162. Approved March 31, 1926. EXEMPTING SCHOOL PROPERTY FROM TAX. No. 34, SECOND SESSION. An Act to amend an Act to codify the school laws of Georgia, in compliance with the provisions of the Act entitled an Act to empower the State Superintendent of Schools, Attorney-General, the Chairman of the Senate and House Committee on Education, to codify the school laws, and for other purposes, approved July 20, 1918, by striking Section 116 of said Act and inserting in lieu thereof a new Section to be designated Section 116, to provide for the exemption of certain school property from taxation, from levy and sale under execution or order, and for other purposes. Section 1. 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, Section 116 of the Act approved July 20th, 1918, entitled, An Act to codify the school laws of Georgia, in compliance

Page 18

pliance with the provisions of the Act entitled an Act to empower the State Superintendent of Schools, the Attorney-General, the Chairman of the Senate and House Committee on Education, to codify the school laws, and for other purposes, be stricken from said Act, and that a new Section in lieu of said striken Section be substituted, bearing the same number, and in the following language, to wit: Section 116. Each and every lot or parcel of land which has been or may hereafter be obtained by any County Board of Education, Independent School District, or Consolidated School District for the use of the Common Schools, or Common High Schools, together with any buildings erected thereon for school purposes, and all school furniture, shall be exempt from levy and sale under any execution or other writ or order in the nature of an execution; provided, the lot of land so exempted shall not exceed ten acres; and if there be any excess over that number of acres, then that portion not to exceed ten acres most convenient for school purposes shall be exempt as aforesaid, the exempted portion to be set off by order of County Board of Education, or Boards of Trustees of Independent School Systems, or Consolidated School Districts. Act of 1918 amended. Substitute Sec. 116. Land exempted. Limitation. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved April 17, 1926. INSURANCE AGENTS, OCCUPATION TAX ON. No. 18, SECOND SESSION. An Act to amend paragraph 61 of section 2 of the General Tax Act approved December 19, 1923, as amended by the Act approved August 26, 1925, entitled An Act to provide for the collection of the special or occupation tax imposed by law upon insurance agents, and for other purposes.

Page 19

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That paragraph 61 of section 2 of the General Tax Act approved December 19; 1923, as amended by the Act approved August 26, 1925, entitled an Act to provide for the collection by the Insurance Commissioner of the special or occupation tax imposed by law upon insurance agents, be and the same is hereby amended by striking, after the word business in line six of the first paragraph of said paragraph 61, the following words, to wit: Provided, this shall not apply to the agents of mutual fire associations or companies operating solely on mutual obligations, so that said first paragraph of paragraph 61 of section 2 of said Act, when so amended, shall read as follows: Paragraph 61. Insurance Agents. Upon each local insurance agent doing business in this State, and upon each and every solicitor or subagent for any resident or non-resident company doing business in this State, $10.00 for each county in which they shall transact or solicit insurance business. Act of 1923 amended. To be read. Local agents and solicitors taxed. Sec. 2. 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. See Hoover v. Pate (162 Ga.), decided April 19, 1926. Approved April 3, 1926.

Page 20

TITLE III. AMENDMENTS TO CONSTITUTION. ACTS Additional School Tax for County with City of 200,000 Population. Chatham Public Road Bonds. Lowndes County Bond Issue for College. McIntosh County Bonded Debt: Records of Vital Statistics. State Bond Increase to Pay Teachers. State Highway System. ADDITIONAL SCHOOL TAX FOR COUNTY WITH CITY OF 200,000 POPULATION No. 12, SECOND SESSION. An Act to amend paragraph 2 of section 6 of article 7 of the Constitution of this State. Be it enacted by the General Assembly of Georgia: Section 1. That the following amendment to the Constitution of this State is hereby proposed, to wit: By adding to paragraph 2 of section 6 of article 7 of the Constitution the following words, to wit: Furthermore, in any county in this State which has wholly or partly within its boundaries a city of not less than 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding 1 mill for educational purposes, on all the taxable property throughout the entire county, including territory embraced in independent

Page 21

school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them. Art. 7, Sec. 6, par. 2. 6562. Tax levy authorized. Sec. 2. This proposal being agreed upon by two thirds of the members elected to each of the two houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon; and the Governor is hereby directed to cause such amendment or amendments to be published in one or more newspapers in each congressional district for two months previous to the time of holding the next general election. At said election said proposed amendment shall be submitted to the people qualified to vote thereon. Those desiring to vote in favor of the same shall have written or printed upon their ballots the words, For the constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries. Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words, Against the constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries. If the people ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Publication. Election. Ballots. Returns. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with Act this be and the same are hereby repealed. Approved April 2, 1926.

Page 22

CHATHAM PUBLIC ROAD BONDS. No. 9, FIRST SESSION. An Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, to amend Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, as amended, by adding thereto the following words: Provided, the County of Chatham in this State can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the road to Tybee, a public road of said County, from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving at Tybee, with concrete and/or asphalt and/or other suitable material, without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three-fifths vote of the Commissioners of Chatham County and Ex-officio Judges, with these limitations: First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed five per cent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for and/or paving, by the lowest responsible bidder, upon competitive proposals, after previous advertisement once a week for four weeks inviting such proposals; provided, nevertheless, said Commissioners may use convict labor to prepare and/or pave said road, in whole or in part, together with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments and the cost of maintaining said road and its bridges shall be paid out of

Page 23

other funds of said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur any other bonded indebtedness, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of this State, as amended, be amended by adding thereto the following language: Provided, the County of Chatham in this State can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the Road to Tybee, a public road of said County, from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving at Tybee, with concrete and/or asphalt and/or other suitable material, without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three fifths vote of the Commissioners of Chatham County and Ex-officio Judges, with these limitations: First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest of not to exceed five per cent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for and/or paving, by the lowest responsible bidder, upon competitive proposals, after previous advertisement once a week for four weeks inviting such proposals, provided, nevertheless, said Commissioner may use convict labor to prepare and/or pave said road, in whole or in part, together with or part from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its

Page 24

bridges, and only the deficiency, if any, of such tolls to meet such payments, and the cost of maintaining said road and its bridges shall be paid out of other funds of said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur other bonded indebtedness. Art. 7, Sec. 7, par. 1. 6563. Bond issue. Bonds, limitations. Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next General election. Publication. Sec. 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing Chatham County to issue bonds to pave the Road to Tybee; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of the amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing Chatham County

Page 25

to issue bonds to pave the road to Tybee. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification of said proposed amendment, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of this State; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner provided as in elections for members of the General Assembly, to count and ascertain the results, make his proclamation of the result by publication in one of the daily papers of this state, announcing such result, and declaring the amendment ratified. The said, when, shall be self-executing and cumulative of the authority of said County to vote upon and issue bonds as provided in Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution. Election. Ballots. Returns. Self-executive and cumulative. Sec. 4. 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 19, 1926. LOWNDES COUNTY BOND ISSUE FOR COLLEGE. No. 16, SECOND SESSION. An Act to propose to the qualified voters of this State an Amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness

Page 26

of said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining, or endowing an educational institution of college rank, located or to be located within said County, whether same be owned or controlled by the State, County, or City, or not owned or controlled by the State, County, or City, and as memorial to Woodrow Wilson; provided said educational institution be non-sectarian and non-denominational. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words: And except that the County of Lowndes or the City of Valdosta or both may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not exceeding one million ($1,000,000.00) for the purpose of aiding in establishing, maintaining, or endowing an educational institution of college rank, located or to be located within said county, whether same be owned or controlled by the State or County or City or not owned or controlled by the State or County or City, and as a memorial to Woodrow Wilson, provided said educational institution be non-sectarian and non-denominational, and provided that such indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said county or said city, as the case may be, and the assent of two thirds (2-3) of the qualified voters of said county or of said city, as the same may be, actually voting at an election, or elections, for the purpose to be held as may now or may hereafter be prescribed by law for the purpose of incurring new debts by any county or municipality within this State. In the event this amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated, and sold as provided by law by said County of

Page 27

Lowndes or the City of Valdosta or both, the County Commissioners of Roads and Revenues of said County, or the Mayor and Council of said City of Valdosta, as the case may be, may pay over the proceeds of the sale of said bonds to the Board of Trustees of such educational institution. Art. 7, Sec. 7, par. 1. 6563. Bonded debt of county or city, for college. Proviso. Payment of proceeds. Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds (2-3) vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon, and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes or the City of Valdosta, or both, to increase the bonded indebtedness of said County of Lowndes, or the City of Valdosta, or both, for the purpose of aiding in establishing, maintaining, or endowing an educational institution of college rank, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes or the City of Valdosta or both to increase the indebtedness of said County of Lowndes or the City of Valdosta, or both, for the purpose in aiding in establishing, maintaining, or endowing an educational institution of college rank, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consoliated as now required by law in elections for members of the General Assembly, then

Page 28

said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of the State, and the Governor shall make proclamation therefor as provided by law. Publication. Election. Ballots. Sec. 3. Be it further enacted, that all laws or parts of laws in conflict herewith are repealed. Approved April 2, 1926. McINTOSH COUNTY BONDED DEBT. No. 38, SECOND SESSION. An Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of McIntosh to increase the bonded indebtedness of said County of McIntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the Board of Education of McIntosh County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words: Except that the County of McIntosh may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not to exceed fourteen (14%) per centum of the taxable value of said county as shown by the tax-digest, for educational purposes and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the Board of Education of McIntosh County; provided that

Page 29

such bonded indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said county, and the assent of two thirds of the qualified voters of said county, actually voting at an election, or elections, for that purpose to be held as may now or may hereafter be prescribed by law for the purpose of incurring new debts by any county or municipality within this State. In the event this amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated, and sold as provided by law by the said County of McIntosh, the County Commissioners of McIntosh County shall pay over the proceeds of the sale of said bonds to the Board of Education of McIntosh County for the purpose herein named. Art. 7, Sec. 7, par. 1. 6562. Bonded debt. Purposes. Proviso. Payment of proceeds. Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon, and published in one or more newspaper in each Congressional District of this State for two months previous to the time for holding the next General election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of McIntosh to increase its bonded indebtedness for educational purposes, and all persons voting at said election opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of McIntosh to increase its bonded indebtedness for educational purposes, and if a majority of the electors qualified to vote for members of the General

Page 30

Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law. Publication. Election. Ballots. Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 17, 1926. RECORDS OF VITAL STATISTICS. No. 17, SECOND SESSION. An Act to amend paragraph two of section six of article seven of the Constitution of the State of Georgia, and for other purposes. Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia the following amendment to the Constitution of the State of Georgia, to wit: That paragraph two of section six of article seven be amended by adding at the end of said section, after the clause, and to provide for necessary sanitation, the following words, to wit: and for the collection and preservation of records of birth, death, disease, and health. Art. 7, Sec. 6, par. 2. 6562. Clause added. See 160 Ga. 857. Sec. 2. Be it further enacted by the authority aforesaid, That if the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause

Page 31

the said amendment to be published in one or more newspapers in each congressional district of the State for two months before the next general election; and the Governor is hereby authorized and directed to provide for the submission of said amendment to the people at said election. The persons voting at said election in favor of said amendment shall have on their ballots the words: For ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for the collection and preservation of records of birth, death, disease, and health. The persons opposed to this amendment shall have on their ballots the words: Against ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for collection and preservation of records of birth, death, disease, and health. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification of said amendment, the Governor, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of elections of members of the General Assembly, to count and ascertain the result, shall issue his proclamation for one insertion in one daily newspaper of the State, announcing the result and declaring the ratification of said amendment. Publication. Election. Ballots. Returns. Sec. 3. 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 April 3, 1926. STATE BOND INCREASE TO PAY TEACHERS No. 40, SECOND SESSION. The General Assembly proposes to the people of Georgia to amend Article 7, Section 3, Paragraph 1, of the Constitution

Page 32

of Georgia, so as to authorize the contraction by or on behalf of the State of a debt in an amount of not greater than $3,500,000 for the purpose of paying the public school teachers of the State, by adding thereto the following words: However, said debt may be increased in the sum of $3,500,00 for the payment of the public-school teachers of the State. So that said paragraph, so amended, shall read as follows: Art. 7, Sec. 3, par. 1. 6558. State debt increase. Clause added. No debt shall be contracted by or on behalf of the State except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed in the aggregate five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan was made. However, said debt may be increased in the sum of $3,500,000 for the payment of the public-school teachers of the State only. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the State. Said amendment shall be submitted to the voters at the next general election. The Governor will cause such proposed amendment to be published in a newspaper in each Congressional District as provided by law. All persons voting at said election in favor of said proposed amendment shall have written or printed on their ballots the words: For $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution. All persons voting at said election against said proposed amendment shall have written or printed on their ballots the words: Against $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution. Election. Publication. Ballots. Approved April 17, 1926.

Page 33

STATE HIGHWAY SYSTEM. No. 33, SECOND SESSION. An Act to propose to the people of Georgia to amend Article Seven, Section One, Paragraph One, of the Constitution by adding thereto the following: To construct and maintain a system of State highways. The Governor will cause such proposed amendment to be published in a newspaper in each Congressional District as provided by law for the submission to the people at the next general election. Electors desiring to vote for said proposed amendment shall vote, For amendment to Article 7, Sec. 1, Par. 1, of the Constitution of Georgia. Electors desiring to vote against said proposed amendment shall vote, Against amendment to Article 7, Sec. 1, Par. 1, of the Constitution of Georgia. Art. 7, Sec. 1, par. 1. 6551. Clause added. Publication. Election. Ballots. Approved April 17, 1926.

Page 34

TITLE IV. EDUCATIONSCHOOL LAWS ACTS Americus Normal School. Borrowing by Local School Districts. Extra Appropriation to Common-School Fund. Merger of Independent School Systems. School Fiscal Year. AMERICUS NORMAL SCHOOL. No. 29, SECOND SESSION. An Act to establish, organize and maintain, as a branch of the University of Georgia a normal school or teacher's college, to be located at Americus, Georgia, and to be known as the State Agricultural and Normal College, and to include therein the organization, plant, and equipment of the Third District Agricultural and Mechanical School; to provide for courses of study therein; to provide for a Board of Trustees therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there shall be and is hereby established, at Americus, Georgia, on the tract of land occupied by the Third District Agricultural and Mechanical School, as a branch of the University of Georgia, a Normal School for teachers to be known as the State

Page 35

Agricultural and Normal College, to which shall be admitted white students, citizens of this State, both male and female, and without charge for tuition therein. Normal school established. Sec. 2. Be it further enacted by the authority aforesaid, that the plant, equipment, and property, both real and personal, of said Third District Agricultural and Mechanical School, title to which is in the State of Georgia, shall be for the use of said State Agricultural and Normal College; and the Trustees of said Third District Agricultural and Mechanical School, for their respective terms, unless removed as hereinafter specified, shall have as full and complete authority for the management and control of said College as they now have over said Third District Agricultural and Mechanical School. Control and use of property. Sec. 3. Be it further enacted, that the local Board of Trustees of said State Agricultural and Normal College shall be composed of nine members, three of whom shall be appointed by the Chairman of the Board of Trustees of the University of Georgia. The other members of said local Board of Trustees shall be appointed by the Governor of this State. Three shall be citizens of the County of Sumter, and three shall be citizens of this State residing outside of the County of Sumter. At the first appointment of such Trustees two shall be appointed by the Governor for a term of two years, two for a term of four years, and two for a term of six years; but all subsequent appointments shall be for a term of six years, except in case of a vacancy by reason of death, resignation, or otherwise, when the Governor shall fill such vacancy by appointment for the unexpired term. The members of the Board of Trustees for the Third District Agricultural and Mechanical School, in office at the time of the passage and approval of this Act, shall also be members of the Board of Trustees of the State Agricultural and Normal College hereby created and established, until the expiration of their respective terms of office. When the terms of office of all of said District

Page 36

School Trustees shall expire, the members of the Board of Trustees of said College shall be nine in number as hereinbefore provided. But nothing in the provisions of this Act shall deprive the Governor of the right to appoint any member of the Board of Trustees of said School a member of the Board of Trustees of said State Agricultural and Normal College under the provisions of this Act prior to the expiration of the term of office of such person as a Trustee of the said Third District Agricultural and Mechanical School. Trustees. Apportionment and terms. Membership. Sec. 4. Be it further enacted, That whenever it is made to appear to the Governor that any member of the Board of Trustees of said College has failed to attend two successive meetings of the said Board of Trustees without rendering an excuse in writing which is satisfactory and accepted by the Board, it shall be the duty of the Governor to declare his place vacant, and to fill the same in the manner hereinbefore provided for filling vacancies. Vacancies. Sec. 5. Be it further enacted, That the members of the Board of Trustees of said College shall serve without pay, except that their actual expenses, while away from their places of residence attending on the meetings of the Board, shall be paid out of any fund in the treasury of said College available for such purpose. Expenses. Sec. 6. Be it further enacted by the authority aforesaid, That said Trustees shall cause to be maintained in said College courses of study in general agriculture, home economics, and other subjects in connection therewith, and in addition shall require to be taught therein and added thereto at least two years of normal training for teachers similar to that taught in other colleges of like character; provided, however, said Trustees shall have ample authority by proper rules and regulations to provide for an election of courses of study in said College. Courses of study.

Page 37

Sec. 7. Be it further enacted, That the Chancellor of the University of Georgia shall have supervision of the said State Agricultural and Normal College, and its management and operation as a Department of the University of Georgia. All diplomas and certificates issued by said College shall be countersigned by said Chancellor, who shall cause a record of same to be kept in his office at Athens. Supervision by Chancellor. Sec. 8. Be it further enacted, That said Trustees shall have authority to create such officers of said College, and employ such teachers, and fix salaries of same, as may be necessary to carry out the purpose of said College herein set forth. Officers and teachers. Sec. 9. Be it further enacted by virtue of the authority aforesaid, That said College shall have the authority to give diplomas, certificates, and such other evidence of work done as may be authorized by law or conferred and given by other Colleges of like character and standing. Diplomas and certificates. Sec. 10. Be it further enacted by virtue of the authority aforesaid, That nothing herein contained shall be construed as reducing the authority of the Trustees of said College to provide for full instructions in the branches of study heretofore and now prescribed for the students in said School, it being the intention of this Act to enlarge the scope and increase the usefulness of said School by maintaining in connection therewith and as a part of same a teachers training school for the State of Georgia Instruction. Teachers training-school. Sec. 11. Be it further enacted, That all appropriations made to the Third District Agricultural and Mechanical School shall be for the use of said State Agricultural and Normal College, as herein consolidated therewith. Appropriations. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved April 13, 1926.

Page 38

BORROWING BY LOCAL SCHOOL DISTRICTS. No. 32, SECOND SESSION. An Act to authorize and empower the board of trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said school; to provide for the terms and conditions under which said money may be borrowed; to provide the method of repaying the same, and providing that no board of trustees of any local school district shall borrow an amount in excess of the local tax collected in the local school district, and for other purposes. 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 board of trustees of any local school district levying a local school tax shall have authority to borrow money in amounts not to exceed the local tax collected on property within the district during any current year, said fund or funds borrowed to be used only for purpose of paying teachers for the current year, and not for a longer period than twelve months. Authority to borrow. Sec. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That in order for any board of trustees of any local school district to borrow money for the purpose hereinbefore stated, there shall be passed by said board of trustees a resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid, and for what purpose borrowed, and from whom the same is to be borrowed; which resolution shall be by the Secretary of said board of trustees recorded in the minute-book of said board of trustees, and a copy of said resolution forwarded to the county superintendent of schools. Resolution to be recorded.

Page 39

Sec. 3. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That no money shall be borrowed for a longer time than is necessary, and the same shall be paid back out of any funds coming into the hands of said board of trustees from local district tax collected on property within said district. Period of time. Repayment. Sec. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that after the resolution aforesaid has been passed, the chairman of said board of trustees together with the secretary, shall have the right to execute the note, or notes, in the name of said board of trustees of said local school district for any money that it is authorized to borrow under the resolution passed by said board. Notes for money. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 17, 1926. EXTRA APPROPRIATION TO COMMON SCHOOL FUND. No. 2, FIRST SESSION. An Act to authorize and require the General Assembly to make an extra appropriation to the common-school fund for the purpose of equalizing educational opportunities to the children of the several counties of the State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That, in addition to the regular appropriation

Page 40

for the support of the public schools, the General Assembly shall provide an equalization fund, which shall be disbursed by the State Board of Education for the purpose of more nearly equalizing the educational opportunities of the children of the several counties of the State. The State Board of Education, in its distribution of said equalization fund to County Boards of Education for the purpose of equalizing educational opportunities as between the several counties, shall take into consideration the possible returns from taxable values for school purposes, the extent to which local tax aid has been utilized, the educational needs, and the local inequalities existing in the several counties. No county or independent system shall share in the equalization fund for any year unless it levies at least five mills for a local tax for its public schools for that year. Equalization fund. Distribution. Counties not sharing. Sec. 2. It is further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1926. MERGER OF INDEPENDENT SCHOOL SYSTEMS. No. 11, FIRST SESSION An Act to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school system, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that whenever the citizens of municipality or independent school districts authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county-schools system,

Page 41

wish to annul their special school law and become a part of the county-school system, they shall present and file with the Mayor or chief executive officer of the city a petition signed by one fourth of the qualified voters of their territory, and said Mayor or chief executive officer shall then within not less than twenty days and not more than sixty days thereafter call an election. Notice of such an election shall be published once a week for two weeks in the paper in which the sheriff of the county publishes his advertisements, and posted at three public places within the territory concerned, at least ten days prior to such election. The election shall be held at the place and in the manner of usual elections. Those favoring the repeal of the independent local law shall have written or printed on their ballots For Repeal, and those against repealing their independent local law shall have written or printed on their ballots Against Repeal. The returns of said election shall be made to the Mayor or chief executive officer, who shall declare the result, and a majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose oftener than every twelve months. Petition of voters. Notice. Election. Ballots. Returns. Voters. Sec. 2. Be it further enacted, that when the results of said election are declared and published in favor of repealing such independent or local school system, making the territory included in said [Illegible Text] [Illegible Text] to become a part of the county-school system, said independent or local school system shall continue to function under its local laws, organizations, and regulations until the county board of education shall arrange for the operation by them of such school or schools within said local system as a part of their public-school system. School operations. Sec. 3. Be it further enacted, that where any local or independent system is repealed by and in the manner provided in this act, the territory formerly included in

Page 42

such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts. Provided, that nothing herein contained shall apply to counties having a population of 200,000 or more, according to the last or any other United States census. Merger. Tax rate. Counties excluded. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1926. SCHOOL FISCAL YEAR. No. 42, SECOND SESSION. An Act to amend Section 67 of the Georgia School Code which provides that the school year shall be coincident with the calendar year, be amended so that said Section when so amended shall provide that the school year shall begin July 1st and end June 30th of each year, beginning July 1, 1927, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That Section 67 of the School Code of Georgia be and the same is hereby amended by striking out the words January 1st, 1895 in the first line thereof, and substituting therefor the words July 1st, 1927; and by striking out in the second and third lines thereof the words coincident with the calendar year, to wit: from January 1st to December 31st and substitute therefor

Page 43

the words from July 1st to the next June 30th, inclusive, of each year; and by striking out in the eighth line thereof the word school, and substituting therefor the word calendar, so that the amended part of said section when so amended shall read as follows: Beginning with July 1st, 1927, and continuing thereafter, the school year shall be from July 1st to the next June 30th inclusive of each year thereafter; and the State School Superintendent shall, on or before the 1st Tuesday in December of each year beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund for the State for the next succeeding calendar year. School Code amended. To be read. Year from July 1. Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved April 17, 1926.

Page 44

TITLE V. MISCELLANEOUS CIVIL LAWS ACTS Bills of Sale of Crops. Domestication of Foreign Corporations. Non-Par Stock of Corporations. Pension Fees to Ordinaries. Pension Payments, Discount of Rentals for. Pension Payments, Amending Discount Act. Veterans' Service Bureau. BILLS OF SALE OF CROPS. No. 21, SECOND SESSION. An Act to amend an Act entitled An Act to authorize the securing of advances made for the purpose of planting, making, or gathering a crop or crops, by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes, approved August 22nd, 1925, so as to strike the requirement therein that the land upon which the crop or crops is or will be planted shall be described in said bill of sale, providing only that the crop or crops shall be described in such bills of sale with the same particularity as the laws of Georgia require for crop mortgages, and to provide that the bills of sale as authorized in said Act shall be superior to judgments of older date

Page 45

than such bills of sale and to mortgages and bills of sale not given to secure the payment of debts created to aid in making and gathering the particular crops covered by such bills of sale, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 22nd, 1925, as referred to in the caption of this Act, being An Act to authorize the securing of advances made for the purpose of planting, making, and gathering a crop or crops by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes, be and the same is hereby amended as follows: (a) By striking the words, together with the land upon which the same is or will be grown, after the words crop or crops in the sixteenth line and before the words shall be described in the seventeenth line of Section One of said Act as printed in the official edition of the laws of Georgia of 1925, and by inserting after the words, in said bill of sale and before the words and the amount in the eighteenth line of said Section One as so printed as aforesaid, the words with the same particularity as the laws of Georgia require for crop mortgages, and (b) By adding at the end of the first section of said Act the words, but shall be superior to a judgment of older date than such bill of sale and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale, so that said Section when so amended as aforesaid shall read as follows: Section 1. 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, where advances either of money or supplies or both are made for the purpose of planting, cultivating, making, or harvesting a crop or crops, the borrower or

Page 46

person to whom such money or supplies shall be furnished may secure the same by a bill of sale to secure debt under Section 3306 of the Civil Code of 1910, covering the crop or crops to be grown by him within twelve months from the date of such bill of sale, although such crop or crops may not be planted or growing at the time of the execution of such bill of sale: Provided, that the crop or crops shall be described in said bill of sale with the same particularity as the laws of Georgia require for a crop mortgage, and the amount of said advances in money or supplies shall be definitely stated and fixed therein. Such bill of sale shall pass title to the crop or crops covered thereby, and shall not be held or construed to be a mortgage: Provided, that the bill of sale herein authorized shall not be construed to be superior to the lien of a landlord for rent and supplies or to a laborer's lien, but shall be superior to a judgment of older date than such bill of sale, and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale. Act of 1925 amended. To be read. Bill of sale. Description of crops. Title passes. Lien superior. Sec. 2. 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 April 8, 1926. DOMESTICATION OF FOREIGN CORPORATIONS. No. 20, SECOND SESSION. An Act to amend an Act approved August 17, 1920, providing for the domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and their stockholders, and to provide a method of surrendering or cancelling said domestication.

Page 47

Section 1. Be it enacted by the General Assembly of the State of Georgia, that an Act approved August 17, 1920, entitled an Act to authorize foreign corporations doing business in the State of Georgia to become domesticated, be and the same is hereby amended by striking out in Section one of said Act, beginning in line seven thereof, the following words: And upon becoming domesticated such corporations shall have the same powers as similar corporations created under the laws of the State of Georgia have, and substituting in lieu of said stricken words the following words: And upon becoming domesticated such corporations and the stockholders thereof shall have the same powers, privileges, and immunities as similar corporations created under the laws of the State of Georgia and the stockholders thereof have, so that said Act when amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That all foreign corporations now doing business in the State of Georgia, or which may hereafter do business in the State of Georgia, and whose business is not against the public policy of this State, shall have the power to become domesticated in the manner hereinbefore pointed out; and upon becoming domesticated such corporations and the stockholders thereof shall have the same powers, privileges, and immunities as similar corporations created under the laws of the State of Georgia and the stockholders thereof have, subject to the same obligations, duties, liabilities, and disabilities as if originally created under the laws of Georgia, and shall no longer have that power of removing causes to the United States Courts which inheres in foreign corporations. Act of 1920 amended. To be read. Powers, etc. Sec. 2. Be it further enacted by the authority aforesaid, That all foreign corporations thus domesticated shall be dissolved in the same manner and under same proceedings as are now provided for dissolution of domestic corporations. Dissolution. Approved April 8, 1926.

Page 48

NON-PAR STOCK OF CORPORATIONS. No. 4, SECOND SESSION. An Act to amend an Act entitled An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non-par stock by corporations of this State, and for other purposes, approved August 22nd, 1925, by striking from the first section of said Act lines 21, 22, and part of 23, reading as follows: Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 1 of an Act entitled An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non-par stock by corporations of this State, and for other purposes, approved August 22nd, 1925, be and the same is hereby amended by striking from Section 1 of said Act lines 21, 22, and part of 23, reading as follows: Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act, so that said Section as amended shall read as follows: Act of 1925 amended. Section 1. B it enacted by the General Assembly of the State of Georgia, That every corporation having capital stock heretofore or hereafter incorporated under the laws of this State, whether by the Secretary of State, by Act of the General Assembly, or by the Superior Court (including corporations with powers derived from two or more of such sources), except an insurance, banking, or trust company, may, upon its organization or thereafter in the manner hereinafter provided, create shares of stock with or without par value, and may create two or more classes of stock with such preferences, voting powers, restrictions and qualifications thereof as

Page 49

shall be designated in its petition, declaration, or other application for incorporation, or be subsequently determined upon in the manner hereinafter provided: Provided, that before any corporatio shall avail itself of the provisions of this Act it shall procure appropriate corporate authority therefor, in the manner provided by law, and the Secretary of State and the Superior Courts are hereby authorized to grant such powers to the several classes of corporations of which they now have jurisdiction to grant or amend charters: Provided further, that there shall be but one class of common stock, each share of which shall stand upon an equality with every other share; Provided further, that before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such non-par value common stock either in cash or in tangible assets at their fairly appraised valuation. To be read. Stock. Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 30, 1926. PENSION FEES TO ORDINARIES. No. 41, SECOND SESSION. An Act to fix a fee of two dollars per capita, per annum, to be paid to the Ordinaries of the State of Georgia to compensate them for all services rendered by them in connection with the Confederate pensioners and pension work in their respective Counties; to make provision for the payment of same; and for other puropses. 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 from and after the passage

Page 50

of this Act, including the year 1926, each Ordinary of the State of Georgia shall be allowed a fee of two dollars per pensioner, per annum, for preparing all papers, proofs, and pay rolls and for securing, receiving, and paying out the Confederate pensions to the various pensioners in their respective Counties, which shall be in full settlement for all the services to be performed in connection with the pension work and pension disbursements of their Counties. Fee of $2 for all services. Sec. 2. Be it further enacted, by the authority aforesaid, That said fee of two dollars per pensioner, per annum, shall be paid by the State of Georgia each year, out of the unexpended balance of the pension fund, by a warrant of the Governor, granted upon the requisition of the Commissioner of Pensions, to which requisition the Commissioner of Pensions shall attach a certified statement showing the amount due to the Ordinary of each County after all the Ordinaries of the State have made a full and complete settlement of their pension rolls for the year, such warrant to be drawn against the unexpended balance of the pension fund remaining in the Treasury after all the pensioners have been paid for the current year. Payment, how made. Sec. 3. Be it further enacted, by the authority aforesaid, That the Governor is hereby directed and empowered and it shall be his duty, to draw such warrants once each year on the unexpended balance of the pension fund remaining in the Treasury after all the pensions for the year have been paid, and that no appropriation or other provision shall ever be necessary to authorize the drawing of such warrant each year and the paying of the same. Warrants. Appropriation not necessary. Sec. 3(a). Be it further enacted, that the sums herein provided for to be paid to the Ordinaries of the respective Counties shall be paid to the proper authorities handling the County funds in those Counties in which the Ordinaries draw a fixed salary. Payments to counties.

Page 51

Sec. 4. 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 April 17, 1926. PENSION PAYMENTS, DISCOUNT OF RENTALS FOR. No. 1, FIRST SESSION. An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom, and for other purposes. 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 Governor of the State is hereby authorized, fully empowered, and directed to set apart, sell and discount not exceeding six years of the rental arising from the existing lease of the Western and Atlantic Railroad, as a special fund to be used exclusively for the purpose of paying warrants drawn against the same in accordance with the provisions of this Act. Governor authorized to discount rentals of W. A. R. Sec. 2. Be it further enacted, That in order to enable the State to meet its obligations due to Confederate Soldiers and their widows for pensions due and unpaid for the years 1922, 1923, 1924, and 1925, the Governor of this State is hereby authorized, fully empowered, and directed, to draw his warrant or warrants against the special fund created by Section 1 of this Act, so held as a special fund in the Treasury, for such sum or sums as may be required to pay said pensions for said years 1922, 1923, 1924, and 1925, and the Governor is further

Page 52

authorized, empowered, and directed, to discount said warrant or warrants so drawn against said special fund and to place the proceeds arising therefrom in the Treasury to be disbursed for the purposes provided in this Act, in accordance with existing laws for the payment of pensions. Said warrants shall be duly countersigned by the Comptroller General. The holders of said warrants shall further have all of the rights and privileges which the original obligees of said warrants have had against the State. Warrants for pensions. Discount. Countersignature. Rights of holders. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1926. PENSION PAYMENTS; AMENDING DISCOUNT ACT. No. 3, SECOND SESSION. An Act to amend an Act approved March 8, 1926, entitled An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom, by striking the words six years in section one of said Act, and substituting in lieu thereof the words eight years, and for other purposes. 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 Section 1 of an Act approved March 8, 1926, entitled An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years,

Page 53

and to provide for the expenditure of the fund arising therefrom, be and the same is hereby amended by striking the words six years wherever the same appear in said section, and substituting in lieu thereof the words eight years, so that said section when amended shall read as follows: 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 Governor of the State is hereby authorized, fully empowered, and directed to set apart, sell, and discount not exceeding eight years of the rental arising from the existing lease of the Western and Atlantic Railroad, as a special fund to be used exclusively for the purpose of paying warrants drawn against the same in accordance with the provisions of this Act. Act of 1926 amended. To be read. Discount for eight instead of six years. Sec. 2. 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 27, 1926. VETERANS' SERVICE BUREAU. No. 30, SECOND SESSION. An Act to amend An Act creating a service bureau for the purpose of assisting ex-service men and women in securing benefits now provided for them by the Federal Legislation, and providing for the salary and expenses of said Bureau, and to appropriate funds for the further needs of said bureau, and for other purposes. Section 1. Be it enacted by the general assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act creating a service bureau for the purpose of assisting ex-service men and women in securing the benefits now provided for them by the Federal

Page 54

legislation, and providing for the salary and expenses of said bureau approved August 20, 1923, be and the same is hereby amended by striking out all of Section 1 of said Act following the word created in the third line thereof, and substituting in lieu thereof the following words: to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help, so that said section as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That a service bureau is hereby created, to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help. Act of 1923 amended. Sec. 1 to be read. Veterans Service Office. Sec. 2. Be it further enacted by the authority aforesaid, that Section 2 of said Act be and the same is hereby amended by adding thereto the following words: Said assistant director shall be appointed by the Governor on the recommendation of the director. The term or office of said director shall be for the first term after passage of this Act until December 31, 1927, and two years thereafter; the term of office of the assistant director shall continue for a period of 2 years only, at the end of which time said office of Assistant Director is then abolished except the Assistant Director may be sooner discharged by the director if in his opinion an assistant is no longer needed or the assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period that 2 years. Sec. 2. Be it further enacted, That said director shall be appointed by the Governor and be chosen from ex-service who were in the military or naval service of the United States during the period between April 17th, 1917, and November 11th, 1918, and honorably discharged therefrom. Said assistant director shall be appointed by the Governor on the recommendation of the director. The term of office of said director shall be for the first time after

Page 55

passage of this Act until December 31, 1927, and two years thereafter. The term of office of Assistant Director shall continue for a period of two years only, at the end of which time said office of Assistant Director is then abolished, except the Assistant Director may be sooner discharged by the Director if in his opinion an Assistant is no longer needed or the Assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period than 2 years. Sec. 2 to be read. Director and assistant. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, That Section 3 of said Act be amended by striking the whole thereof and substituting therefor the following which shall be the wording of said Section 3 as amended: Section 3. Be it further enacted by the authority aforesaid, That the duties of said director shall be to disseminate information to veterans of the War with Spain, the World War, and to veterans of any war, military occupation, or military expedition since 1897, their dependents and beneficiaries, as to their rights and benefits under Federal legislation or legislation of this or any other State heretofore or hereafter enacted; to assist said veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before the appropriate governmental departments; to report all evidences of fraud, deceit, and unworthy claims coming or brought to his attention to the department concerned; to report all evidences of incompetency, dishonesty, and neglect of duty of and by employees of any governmental department to the proper authority; and generally to do and perform all things possible for the interest and protection of the worthy veteran; and to co-operate with the Georgia Departments, The United Spanish War Veterans, the American Legion, the Disabled American Veterans of the World War, the American Red Cross, and all other agencies to these ends. Sec. 3 to be read. Duties. Sec. 4. Be it further enacted by the authority aforesaid, That Section 4 of said Act be amended by striking

Page 56

the whole thereof and substituting therefor the following-which shall be the wording of said Section 4 as amended: Section 4. Be it further enacted by the authority aforesaid, That the salary of said director shall be thirty-six hundred dollars per annum, effective August 20, 1925, and the salary of said assistant director shall be twentyfour hundred dollars per annum. Sec. 4 to be read. Salaries. Section 5. Be it further enacted by the authority aforesaid, That Section 5 of said Act be amended by striking the whole thereof and substituting therefor the following, which shall be the wording of said Section as amended: Sec. 5. Be it further enacted by the authority aforesaid, That in addition to the appropriations for salaries and expenses made by the General Appropriation Act for the fiscal years 1926 and 1927, Section 25, Subsection 1, the following sums are hereby appropriated: Sec. 5 to be read. (a) To provide for deficiency to pay salaries and expenses of said bureau from August 20, 1925, to December 31, 1925, or so much thereof as may be necessary $1,950.00 Sums appropriated. (b) For salary of director from August 20, 1925 to December 31, 1927 2,838.71 For salary of assistant director from April 1, 1926 to December 31, 1927 4,200.00 (c) For traveling expenses of said director and assistant 1,000.00 Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved April 10, 1926.

Page 57

PART II.LOCAL AND SPECIAL LAWS. TITLE I.COUNTY MATTERS. TITLE II.MUNCIPAL CORPORATIONS.

Page 59

TITLE I.COUNTY MATTERS ACTS Appling Commissioners; Amending Act. Lamar Tax-Collector and Receiver. APPLING COMMISSIONERS; AMENDING ACT. No. 5, FIRST SESSION. An Act to amend an Act approved July 29, 1915, and an amendment thereto approved August 15, 1922, to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the above described and entitled act and amendment thereto, being an act and an amendment thereto to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, be and the same is hereby amended by striking from Section 14 of said amendment approved August 15, 1922, and beginning on the fifth line of said Section 14 after the word year, the following words: Nor shall said County Commissioners of Roads and Revenues of said County levy at any time any additional tax to pay any future bonded indebtedness not to pay

Page 60

for any bonded indebtedness that may now be in the course of validation; and by striking from said Section 14 of said Amendment approved August 15th, 1922, beginning on the twelfth line of said Section 14 of said Amendment, and immediately after the word county the said words: But the grand jury of said County shall not have the right under the provisions of this Act and Amendment to recommend a tax levy for any future bond issue or any bond issue that may be in process of validation. Acts of 1915 and 1922 amended. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act and Amendments be and the same are hereby repealed. Approved March 15, 1926. LAMAR TAX-COLLECTOR AND RECEIVER. No. 31, SECOND SESSION. An Act to amend an Act entitled An Act to consolidate the offices of tax-receiver and tax-collector of Lamar County, Georgia, into the office of Tax-Commissioner, as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia; to provide for the election of said Tax-Commissioner, to provide for the compensation of said Tax-Commissioner; to provide for the bond of said Tax-Commissioner; to provide for the oath of said Tax Commissioner; and for other purposes, approved July 24, 1925, so as to provide that the said Tax-Commissioner of Lamar County, Georgia, shall receive as part of the compensation of his office the commissions now paid under the law by the State through the office of the Comptroller or otherwise to tax-receivers, and for other purposes.

Page 61

Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 4 of the above Act approved July 24, 1925, be and is hereby amended by adding the following to said Section 4, to wit: Except that said Tax-Commissioner shall receive, as compensation in addition to the compensation now allowed by law to tax-collectors, the commissions now paid or may hereafter be paid by the State through the Comptroller or otherwise to tax receivers, so that when so amended said Section 4 shall read as follows: Said Tax-Commissioner shall receive as compensation for his services the fees and commissions now allowed the tax-collector of said county, as set out in Section 1234 of the Civil Code of Georgia of 1910, together with all such other fees as may now be allowed under the law to the tax-collector of Lamar County and none other. Except that said tax-commissioner shall receive as compensation, in addition to the compensation now allowed by law to tax-collectors, the commissions now paid or may hereafter be paid by the State through the office of the Comptroller or otherwise to tax-receivers. Act of 1925 amended. To be read. Compensation of tax-commissioner. Approved April 12, 1926.

Page 62

TITLE II. MUNICIPAL CORPORATIONS. ACTS Acworth Paving and Sewerage. Adel Street Improvements. Baconton Street Improvements, and School System. Bainbridge Street Improvements. Baxley Street Improvements. Commerce Registration of Voters. Gainesville Industrial and Publicity Board. Hartwell Street Improvements. Homerville Registration of Voters. Jackson Street Improvements. Louisville Street Improvements. Marietta Business License Tax. Marietta Public Schools; Local Tax. McRae Street Improvements. Milledgeville Street Improvements. Millen Street Improvements. Moultrie Street Improvements. Nashville Street Improvements. Perry Street Improvements. Quitman Street Improvements. Savannah Street Closing Authorized. Swainsboro Charter Amendments. Union City Street Improvements. Vidalia School Tax. Wadley Street Improvements. Warsaw Ad Valorem Tax.

Page 63

ACWORTH PAVING AND SEWERAGE. No. 36, SECOND SESSIONS. An Act to amend an Act approved August 17, 1903, establishing a new charter for the town of Acworth, in Cobb County, so as to provide for the issuing of bonds for paving the streets of said City of Acworth and for the establishing, maintaining, and building a system of sewerage, one or both; to extend the power to levy and collect a tax of 1-4 of one per cent. provided for in the Act approved August 17, 1903, so as to make same available for the purpose of paying the expenses of said paving and sewerage, and for other purposes. Section 1. 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 that the Act approved August 17, 1903, establishing a new charter for the town of Acworth, be and the same is hereby amended as follows: by adding after section 22 of said Act the following section, to wit: Sec. 22-A. Be it enacted by the authority aforesaid, that the Mayor and Aldermen of the said City of Acworth are by this Act authorized and empowered to submit to the voters of said City, under the provisions of the Code of Georgia of 1910, section 440 to 444 inclusive, the question of issuing bonds in a sum not to exceed $25,000.00, and to be sold for the purpose of paving the streets of said City, and establishing, building, and maintaining a system of sewerage, one or both of said purposes, for the said City of Acworth; and at said election the ballots shall be written or printed, For paving and Bonds or For Sewerage and bonds or Against Paving and bonds or For Sewerage and bonds as the case may be. Should the election or elections herein provide for result in favor of paving or sewerage, or both, then the mayor and aldermen of said City of Acworth shall be

Page 64

and they are hereby authorized and empowered to issue bonds for said purpose, not to exceed in the aggregate $25,000.00, each of said bonds to be in such sums as said Mayor and Aldermen may designate. Act of 1903 amended. Section added. Paving and sewerage. Bond-issue election. Sec. 2. Be it further enacted by the authority aforesaid, that said Act of August 17, 1903, be further amended by adding the following section, to wit: Section 22-B. The tax of one fourth of one per cent. authorized by section 20 of said Act approved August 17, 1903, is extended so as to authorize same to be used for the further purpose of paying the interest on the bonds authorized by this Act on their maturity, subjct to the other restrictions set fourth in Section 20 of said Act approved August 17, 1903. Section added. Tax levy. Sec. 3. Be it further enacted by the authority aforesaid that said Act of August 17, 1903, be further amended by adding the following section, to wit: Sec. 22-C. If the election provided for in this Act for paving and sewerage, or both, should be against the issuing of bonds for either or both systems, the Mayor and board of alderman of said city may, at their own instance, and shall, on the application of any ten freeholders of said city, at any time hereafter, order another election under the provisions of this Act; provided that such elections shall not be held oftener than once in every twelve months, and provided, that if said mayor and board of alderman should call an election for a vote only as to paving or sewerage and the same should be for issuing bonds for that purpose, they still may call another election at such time as they may deem proper to vote as to issuing bonds for the other purpose. Section added. Additional elections may be called. Sec. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing be and the same are hereby repealed. Approved April 17, 1926.

Page 65

ADEL STREET IMPROVEMENTS. No. 7, SECOND SESSION. An Act to amend an Act incorporating the City of Adel, approved July 29, 1919, as amended by two Acts approved July 19 1920, to and consolidate the Acts relating to the acts and powers of said corporation; to enact amendments thereto, and for other purposes, so as to empower the City of Adel to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places, highways, or any portion thereof, within the corporate limits of the City of Adel, and to assess the cost of making such improvements, in whole or in part, 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 of Adel or otherwise in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved July 29, 1919, incorporating the City of Adel, as amended by two Acts approved July 19, 1920, be and the same is hereby amended by adding thereto the following provisions: Acts of 1919 and 1920 amended. Sec. 2. Be it further enacted by the authority aforsaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the City of Adel, shall have been authorized under the laws and ordinances of the

Page 66

City to be paved, macadamized, curbed, or otherwise improved, and the contract for such improvements have been let and the cost of such improvements has been ascertained, which costs shall include all expenses incurred by the City incident to such improvements, the Mayor and Council of said City of Adel shall by written resolution apportion the cost and expenses of the same pro rata per front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and shall then levy assessments against the said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessment shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually. Apportionment and assessment of cost, etc. Installments. Interest. Sec. 3. Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date 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 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 assessments, without interest, and thus relieve this property from the lien of such assessment. Payments. Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and

Page 67

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. Special lien. Sec. 5. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessments, the said Mayor and 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 assessment, and of such denominations as the said Mayor and Council may determine, which bonds shall in no event become a debt or liability of the City of Adel by reason of its issuing the same for the purpose herein specified. One tenth in amount of any such series of bonds, with interest upon the whole amount of such series up to the first day of January next succeeding the maturity of the installment of the assessment, as hereinbefore provided, shall be payable on the date; and one tenth in amount of such issue of bonds, together with the annual interest on the whole amount thereof remaining unpaid, shall be payable on the first day of January of each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not to exceed six per cent. per annum from their date until maturity, payable annually, and shall be designated Street Improvement Bonds, and on their face recite the streets or other public places for improvement of which they have been issued, and that they are payable solely 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 the Mayor and attested by the Secretary and Treasurer of the City of Adel, and shall have the impression of the coporate 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, and may be designated by

Page 68

the Mayor and Council of the City of Adel. Said bonds shall be sold at not less than 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, and any portion of the bonds not so negotiated and turned over to the contractor may be sold or otherwise disposed of by said Mayor and Council and not less than par value, and the proceeds applied to any expenses incident to and incurred by the City in providing for such improvements. Said bonds shall be registered by the said Secretary and Treasurer in a book to be provided for that purpose, and a certificate of registration by the Secretary and Treasurer of the City of Adel shall be by him endorsed upon each of said bonds. Bond issue. City not liable. Maturity of bonds. Interest. Signature and seal. Proceeds of sale of bonds. Registry. Sec. 6. Be it further 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 the said lot, parcel, or tract of land on the first day of December each year, together with the interest thereon, to the secretary and treasurer of the City of Adel, who shall give proper receipts for such payments; provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on December the 1st of the succeeding year. It shall be the duty of the Secretary and Treasurer of the City of Adel to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of the said Secretary and Treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment and against the owner of the

Page 69

property, for the full amounts thus becoming due and unpaid, and to forthwith turn over such execution to the Chief of Police of said City of Adel, who shall promptly levy the same upon the real estate liable for the assessment and previously assessed for such improvement; and after advertisement and other proceedings as in the case of sale 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 thereon; provided, however, 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 amount shall be 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 Chief of Police, shall be returned by the said Chief of Police to a Justice Court or to the Superior Court if the amount of execution is one hundred dollars or less, and to the Superior Court only if the amount contested is over one hundred dollars, and there to be tried and the issue determined as in the case of illegality, subject to all fines and penalty provided by law in such cases for delay. Assessments payable. Account of collections. Executions. Levy and sale. Title. Illegality. Return and trial. Sec. 7. Be it further enacted by the authority aforesaid, that the entire expense of constructing, paving, macadamizing sidewalks, footways, streets, alleys, curbing, drains and gutters along the sides of all public thoroughfares in the City and such other street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements and shall be paid by the owners of such property, according to its frontage thereon. Entire expense assessed against abutting property. Sec. 8. Where the right of way of any railroad company crosses any public thoroughfare within the corporate

Page 70

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. Railroads assessed.

Page 71

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. Sec. 10. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the City 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 Council of the City of Adel at which time allpaties at any objection or objectionthat theyest 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. Publication of resolution. Hearing of objections.

Page 72

Sec. 11. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Adel 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 compiled with. Authority based on petition of owners of property. 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.

Page 73

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act entitled An 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, be and the same is hereby amended by adding the following provisions thereto, to wit: Act of 1910 amended. 1. The Town of Baconton shall have the power and authority, by ordinance, to pave, grade, and curb and drain the streets, lanes, avenues, roads, and sidewalks of the Town, and to repave, regrade, recurb, and redrain 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 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

Page 74

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. Assessments for street improvements. Executions, levy and sale. Affidavit of illegality. Lien of assessments. Publication of ordinance. Notice to non-residents. 2. The Town of Baconton is hereby empowered, by ordinance, to create and establish a public-school system co-extensive with the corporate limits of the Town, to

Page 75

provide for the maintenance, support, and operation of said school or schools by levy and collection, as other taxes are levied and collected, a special ad valorem tax upon all of the taxable property in the Town, in addition to all other taxes now authorized, not to exceed five-tenths of one per cent., or five mills on the dollar value; provided that separate schools shall be provided for white and colored children, and that all children, whose parents are bona fide residents of the Town, shall be entitled to the benefits of said schools,and provisions may be made for the admission of non-resident children upon payment of such reasonable rates as may be prescribed. Said school or schools shall be conducted and operated by a Board to be elected by the Mayor and Council, to be known as the Baconton Board of Education and of which the Mayor of the Town of Baconton shall be Chairman, and of which, in addition to the Mayor, there shall be four members to be elected as soon after the ratification of the paragraph as is practicable, so the first four selected shall hold office one for one year, one for two years, one for three years, and one for four years, and that their successors shall hold for terms of two years; said Board, to accomplish the purposes of said school or schools, shall be and is hereby clothed with power and authority to do and perform all necessary acts, and to devise, design, and adopt all necessary means and ways for the proper conduct and operation of the same; to adopt such plans, courses, and curriculum as may seem proper and which do not conflict with state law; to appoint all needful officers and teachers, fix their salaries and qualifications; and said Board shall have and keep regular minutes of all its proceedings, and shall, at or before the beginning of each scholastic year, furnish the Mayor and Council with a written estimate of the funds necessary for the support, operation, and maintenance of said school or schools for the ensuing year, and at the end of each scholastic year to submit a report of the amounts received from all sources, with such other information as the Mayor and Council may

Page 76

require; and said Board shall make all reports required of such bodies by the laws of Georgia; and the Town of Baconton is hereby required and authorized, upon request of said Board, to levy such per centum or proportion of the special tax hereinbefore provided for as the Board deems necessary for the operation, maintenance, and conduct of the school or schools; said tax to be known as the School Tax and turned over to the Board to be used for school purposes only; provided, further, that before the provision of this paragraph, with reference to schools, shall become operative, the question shall be submitted to a vote of the qualified voters of the Town; and the Mayor and Council shall, within thirty days, after the passage of this Act, or as soon thereafter as may be practicable, order an election to be held in the Town for the ratification of this section relating to schools, under the same rules and regulations by which all of said town elections are held, after first publishing notice of said election once a week for four weeks prior to said election in the official newspaper of the Sheriff of Mitchell County; and all persons qualifying to vote under the rules and regulations of said town election shall be entitled to vote in this election, and those voting shall have written or printed on their ballots For Public Schools or Against Public Schools. If two thirds of those voting vote in said election for public schools, then the provisions of this section shall become operative, and the Mayor and Council shall so declare the same and spread their declaration upon the minutes of the Mayor and Council. If public schools fail to carry in said election, the same question may be resubmitted to the qualified voters of said town as often as every six months, upon the application of fifteen freeholders to the council, which application shall be spread upon the minutes of said council. Public school system. Tax. Board of education. Referendum to voters. Ballots. Sec. 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 19, 1926.

Page 77

BAINBRIDGE STREET IMPROVEMENTS. No. 12, FIRST SESSION. An Act to authorize the Mayor and Aldermen of the City of Bainbridge, upon a written petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on both sides of the streets, alleys, and sidewalks to be paved, to pave the streets, sidewalks, and alleys of Bainbridge, and providing for two methods assessments and payment thereof, to wit: The owners of the adjacent property being assessed for and paying two third of of the costs of said pavement, and the City one third including also all the intersections of streets, sidewalks, and alleys; and the other method being, to wit: The adjacent properties being assessed for and paying the whole costs of said pavement except the street, sidewalk, and alley intersections, which are to be paid for by the City; providing for the issuance of deferred paving-assessment bonds payable in ten yearly instalments; and providing for the issuance of fi. fas. and sales thereunder in case of default the payment of assessments; and authorizing the Mayor and Aldermen of said City to make and execute contracts for said paving when and after said petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on the streets, alleys, and sidewalks to be paved is filed with said Mayor and Aldermen of said City of Bainbridge. 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 upon the filing with said Mayor and Aldermen of a written petition signed by the owners of fifty-one per cent. of the lineal frontage of property abutting upon the streets, sidewalks, and alleys to be paved and petitioned to be paved therein, the said Mayor and Aldermen are hereby authorized empowered

Page 78

to establish, grade, pave, repave, macadamize, drain, and otherwise improve the streets, sidewalks, and alleys of the City of Bainbridge including necessary curbing manholes, catch-basins in the manner hereinafter set forth. Authority on petition of owners of property. Sec. 2. Be it further enacted, that whenever said written petition signed, as set out in section 1 of this Act, by fifty-one per cent. of the owners of the lineal frontage of the property on both sides of the streets, alleys, and sidewalks to be paved is filed with the Mayor and Aldermen of the City of Bainbridge, petitioning that said designated streets, sidewalks, and alley be paved, on the one-third plan, that is, the property-owners pay two thirds of the costs of paving said alleys, sidewalks, and streets, and the City pay one third of said costs and also all the costs of the intersections of all streets, sidewalks, and alleys, said Mayor and Aldermen of the City of Bainbridge shall be authorized to pass an ordinance for the pavement of said alleys, streets, and sidewalks, to make contract or contracts to the lowest and best bidder for said paving, and to accept the work when it is finished; all of which the said City of Bainbridge is authorized by this act to do. Ordinance and contract; one-third plan. Sec. 3. Be it further enacted by the authority aforesaid, that whenever a petition signed by fifty-one per cent. of the owners of the lineal frontage of property abutting on both sides of the streets, sidewalks, and alleys to be paved is filed with the Mayor and Aldermen of said City of Bainbridge, petitioning that said designated streets, alleys, and sidewalks be paved on what is known as the Oklahoma plan, that is the abutting property owners of both sides of the street paying the whole costs of the pavement of the sidewalks, alleys, and streets on said street, and the City paying only for the pavement of the intersection of the street, alleys, and sidewalks, the said Mayor and Aldermen of the City of Bainbridge shall be authorized and required to pass

Page 79

an ordinance providing for the pavement of said alleys, streets, and sidewalks, to make contract or contracts to the lowest and best bidder for said paving, and to accept the work when it is finished, all of which the City of Bainbridge is authorized by this Act so to do. Whole-cost plan. Sec. 4. That whenever fifty-one per cent. of the owners of the lineal frontage of property in a city block, abutting on streets, sidewalks, or alleys to be paved, petition the Mayor and Aldermen of the City of Bainbridge to pave said abutting streets, alleys, and sidewalks, abutting on said block, on either the one-third plan as set out in section 2 of this Act or the Oklahoma plan as set out in section 3 of this Act, the said Mayor and Aldermen shall be authorized to pass an ordinance providing for the pavement of said alleys, streets, and sidewalks of the length, dimensions, and extent only of said city block in which said block fifty-one per cent. of the property is owned by said petitioners, and according to the plan only as set out in the petition of said owners of said fifty-one per cent. of the lineal frontage of the property in said block abutting on the streets, sidewalks, and alleys petitioned to be paved. Ordinance. Extent of paving. Sec. 5. Be it enacted by the authority aforesaid, that all necessary curbing shall be deemed and considered as a part of said paving, and shall be assessed accordingly. And that all necessary drains, manholes, and catchbasins made necessary by such paving or improvement shall likewise be considered a part of such paving and improvement, and the cost of the same together with all necessary expenses incurred shall be deemed and considered as a part of the total costs of such paving or improvement, and shall be assessed as herein provided. Curbing, drains, etc. Sec. 6. Be it further enacted by the authority aforesaid, that the assessment against the City, the property, and the owners thereof, abutting on said streets, sidewalks, and alleys under the provisions of this act shall

Page 80

be prorated, and the total amount of the same shall be determined by computing the lineal frontage of said owner together with the width of such pavement or improvement on said street, sidewalk, or alley. The City of Bainbridge on either of the plans, whether the plans set out in section 2 or sections 3 or 4 is employed, shall pay the whole costs of the paving and pavement of all intersections of streets, sidewalks, and alleys. Assessment prorated. City pays for intersections. Sec. 7. Be it further enacted by the authority aforesaid, that when and after the written petitions set out in section 1, 2, 3, and 4 of this act are properly signed by the owners of fifty-one per cent of the lineal frontage of property abutting on streets, alleys, and sidewalks petitioned to be paved and improved under this act and filed with the Mayor and Aldermen of the City of Bainbridge, the Mayor and Aldermen shall pass an ordinance setting out the receipt of said petition, and the streets, alleys, and sidewalks sought by said petition to be paved. Before said ordinance shall be passed, however, said ordinance shall be published in the newspaper in Bainbridge in which the legal advertisements appear, in at least two consecutive issues, giving the date of the meeting of council at which the same shall be introduced. In said advertisement the names of the petitioners signed to said petition, the streets sought to be paved, and the percentage of the owners of the lineal frontage of property abutting on said streets, sidewalks, and alleys to be paved. At said meeting at which said ordinance is introduced said Mayor and Council shall have open to the inspection of any citizen of Bainbridge the original petition to pave said streets, sidewalks, and alleys of Bainbridge, and the original signatures thereto, and also the ordinance to pave said streets, sidewalks, and alleys sought to be paved in said petition. Said ordinance to pave said streets, alleys, and sidewalks shall be limited and restricted to only such streets as are petitioned for in said petition signed by the owners of

Page 81

fifty-one per cent. of the lineral frontage of property abutting on said streets, sidewalks, and alleys aforesaid. Any citizen of Bainbridge may appear at said meeting of the Mayor and Aldermen and make objections, if they desire, against the passage of said ordinance, for any legal reason that they may have. Such meeting may be held at the regular time, or any call meeting upon due notice given to any person interested, by one notice in the newspaper that carries the City's legal notice. Any number of streets, parts of streets, sidewalks, parts of sidewalks, or alleys or parts of alleys may be included in one ordinance; provided they are petitioned for in the petitions set out in sections 1, 2, 3, and 4. If, at the meeting to hear objections and pass the said ordinance providing for the paving according only to streets, sidewalks, and alleys set out in said petition signed by fifty-one per cent. of the owners of the lineal frontage of said property abutting on said streets sought in said petition to be paved as aforesaid, any person, company, or corporation subject to any part of the assessment or the cost thereof does not within twenty days thereafter begin legal or equitable proceedings to prevent such pavement, and the consequent assessment from being made, shall be presumed to have agreed to the assessment and the acceptance of such ordinance. Publication of ordinance, etc. Council meeting. Objections by citizens. Presumption from non-action. Sec. 8. Be it further enacted by the authority aforesaid, that when and after said petition of fifty-one per cent. of the owners of the lineal frontage of property abutting on streets, alleys, and sidewalks to be paved on either the plan set out in section 2 or 3 of this Act, and when and after the ordinance pursuant to said petition and accordance thereto is published, and when and after opportunity to object to said ordinance is given as aforesaid, the Mayor and Aldermen, if they deem it advisable, are authorized to proceed to pave, maca-macadamise, or otherwise improve the streets, sidewalks, and alleys petitioned for in said petition, and they are authorized and empowered to enter into a contract for

Page 82

such improvement in the following manner: Said Mayor and Aldermen shall advertise for sealed bids for the furnishing of the material and for performing the work necessary in making such improvements. The notice shall be in such form as they deem best, and shall state what bond shall be required to be executed by such contractor, the time and place where the sealed proposal shall be opened, the extent and character of the paving and other improvements, the manner of the payment therefor, one third by the City in cash from money in its treasury, or temporary loans for the current year, or the proceeds of the sale of bonds issued for that purpose, and two thirds by the owners of the abutting in defered payments of ten annual instalments evidenced by bonds hereinafter provided for, according to the plan of the petition as set out in section 2 of this act, known as the one-third plan. Or the manner of payment therefor according to the Oklahoma plan as set in section 3 of this Act, the city only paying for the intersection of streets, sidewalks, and alleys in cash, or by temporary loans for the current year, or the proceeds of bonds issued for that purpose, and the abutting property or the owners thereof paying the whole costs of the paving except the intersection of streets, alleys, and sidewalks as aforesaid as set out in section 3 of this Act, according to whichever plan is petitioned for by the owners of fifty-one per cent. of the lineal frontage of the property abutting on the streets, alleys, and sidewalks sought by said petitioners to be paved and authorized according to the ordinance of the Mayor and Aldermen of the City of Bainbridge in pursuance of and according to the terms of said petition. The said owners of said abutting property paying the whole of said costs of paving said streets, according to this said Oklahoma Plan in ten equal annual installments evidenced by bonds hereinafter provided for, and such other information as will give the public and the proposed bidders all necessary information regarding the work proposed to be done and the contract executed to be made. Such

Page 83

notice shall be published once a week for four consecutive weeks in a newspaper published in said City in which the legal advertisements appear. At the time and place specified in said notice the Mayor and Aldermen shall receive and examine all bids submitted and award the contract to the lowest and best bidder, or the Mayor and Aldermen will have the right to reject any and all bids and readvertise for bids if in their judgment said bids are unsatisfactory. Advertisement for bids. Notice, how comprehensive. Sec. 8. Be it further enacted by the authority aforesaid, that as soon as said contract is let and the costs of the improvements ascertained, which costs shall include all expenses incurred incident to said improvements, such as engineering fees, printing bills, and all other necessary and incident expenses, the Mayor and Aldermen shall appoint a committee of the council by ordinance, said committee's duties being to appraise and apportion the costs and expenses of the improvements to the several tracts of land abutting on said improvements, and within fifteen days thereafter said committee shall file with the clerk of a written report of such appraisal and apportionment on the basis by which said pavement was petitioned for, whether on the third plan or the Oklahoma Plan. Immediately thereafter the clerk of the council shall notify such person owning land abutting on the streets, sidewalks, or alleys petitioned to be paved or improved as set out in section 2 or 3 of this act, by mail, giving the approximate amount of such assessment against such property. When said report has been returned and filed, after notice given to each property-owner assessed, the Mayor and Aldermen shall appoint a time for holding a session of council, or shall designate a regular meeting, for the hearing of any objections that may be made concerning said appraisal report of apportionment as to any such tract or lot of land abutting on said improvements, and notice of such session of Council shall be published in one issue of the newspaper published in said city in which the legal advertisements

Page 84

appear. The time fixed for said hearing shall not be less than five or more than fifteen days from the date of the publication of said notice. At said session the Mayor and Aldermen shall have the power to review and correct the appraisals and apportionments made, to hear objections to the same, and either confirm the report of the committee or otherwise give the same proper direction. Apportionment of costs, and expenses. Notice to owner of property. Hearing and review. Sec. 9. Be it further enacted by the authority aforesaid, that the assessment made against the property and the owners thereof, abutting on such improved streets, sidewalks, or alleys, shall be paid in ten equal annual installments and shall bear interest at the rate of six per cent. per annum until paid, said interest being payable annually. Said ordinance shall also provide that the said owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the City of Bainbridge and relieve their property from the lien of said assessment, which money so paid to said treasurer shall be destributed pro rata between the contractor and the City in proportion to their respective interest. Installment payment of assessments. Interest. Sec. 10. Be it further enacted by the authority aforesaid, that the first installment of such assessment together with interest to that date upon the whole shall be payable on the first day of December next succeeding the date of the levy of such assessment, and one installment with the annual interest upon the whole amount remaining unpaid shall be due and payable on the first day of December of each succeeding year thereafter until the entire assessment shall be paid. It shall be the duty of said Treasurer of or the Clerk of the City, not less than thirty nor more than forty days before the maturity of

Page 85

any installment of such assessment, to cause to be published, in two consecutive issues of the newspaper of which the legal advertisements appear, a notice advising the owner of the property affected by uch assessment of the date when such installment and interest will be due, and designating the streets, sidewalks, and alleys for the improvement of which such assessments have been levied, and unless the same shall be paid promptly proceeding will be taken to collect such installments and interest. Times for payments. Notice. 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. Special lien. Sec. 12. Be it further enacted by the authority aforesaid, that within thirty days from the passage of the ordinance 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 due 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 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

Page 86

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 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. Bond issue. When payable. Interest. Signed and sealed. Sales. Proceeds applied. Registry of bonds. 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

Page 87

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 shall have the right to file an affidavit denying the whole 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. Assessments payable. Account of collections. Execution. Levy and sale. Title. Affidavit of illegality. Sec. 14. Be it further enacted by the authority aforesaid, that all other laws in and amendments to the charter 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. Other paving laws repealed. 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.

Page 88

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, 61I, 61J, 61K, 61L, 61M, 61N, 61O, 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 public 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

Page 89

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 valorem

Page 90

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. Act of 1911 amended. 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

Page 91

Mayor and City Council shall by written resolution apportion the cost and expenses of the same pro rata per front 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 be supplied by or through any governmental agency or other source. Powers. Apportionment of cost, etc. Assessments. Installments. Interest. Reduction. Subsection 61C. Be it further enacted by the authority aforesaid, that the first installment, together with 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. Payments. Subsection 61D. Be it further enacted by the authority aforesaid, that such special assessment and each installment 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

Page 92

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. Lien. 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 installments shall have been paid. Such bonds shall bear interest at a rate not exceeding a rate of six per cent. per annum from their dte 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

Page 93

under authority of this Act, and the remaining one third to be paid by the City of Baxley. Said bonds shall be 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 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 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 registration by the Clerk shall be by him endorsed upon each of said bonds. Bond issue. When payable. Interest rate. Signature and seal. Sale price. Disposal. Registry. Subsection 61F. Be it further 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 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 an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to

Page 94

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. Payment of assessments. Account of collection Penalty. Execution. Levy and sale. Title. Affidavit of illegality. 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

Page 95

along the sides of all public thoroughfares in said City, which, together with the whole cost of all materials used in making such street improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property as heretofore provided according to its frontage; and that the cost of making such other street improvements as are authorized by this Act may be apportioned and assessed as between the City of Baxley and the abutting property and the owners thereof on each side of the street or public thoroughfares to be paved, macadamized or otherwise improved, in just such proportions as the Mayor and City Council may deem proper, not in excess of the proportion herein provided, and the Mayor and City Council of said City are hereby given power and authority, in their discretion, to apportion and assess any part or all of the cost of making said improvements against the City of Baxley, or they may in their discretion apportion and assess any part or all of the cost of making said improvements against the abutting property and the owners thereof to be paved, macadamized, or otherwise improved, according to the frontage of said property thereon, not in excess of the cost heretofore specified. If, in the discretion of the Mayor and Council, any portion of such cost is assessed against and is to be borne by the City, such assessment and expenses may be paid out of any available funds for that purpose in the City Treasury, or from the proceeds of bonds duly authorized and issued by said City. Cost of owners. Subsection 61H. Be it further enacted by the authority aforesaid, that the Mayor and City Council may in its discretion, by proper written resolution, provide for and require the payment of interest on the bonds authorized to be issued in accordance with and in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof as they are in this Act authorized to make improvements in the first instance. Payment of interest.

Page 96

Subsection 61I. Be it further enacted, that where the right of way of any railway company crosses any public thoroughfare within the corporate limits of the City of Baxley, such company is to be deemed for all the purposes of this Act as the owner of the property on both sides of such thoroughfares to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its track or tracks, and where the right of way or other occupied or unoccupied land of any railway company lies longitudinally along and abuts upon any street or thoroughfare in said City, such company and its said abutting property shall be subject to all the provisions of this Act in the same manner and to the same extent as other persons, firms, and corporations owning property in the City of Baxley. And all property owned by County of Appling lying within such corporate limits and abutting upon any square or public thoroughfare of the City 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. Railroads assessed. County liability. Subsection 61J. Be it further enacted by the authority aforesaid, that the Mayor and the City Council of said City shall have the power and authority to repave, regrade, recurb, redrain, and remacadamize, in their discretion, any and all of the streets and other places which they are authorized in this Act to improve, in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof, as they are in this Act authorized to make improvements in the first instance. Repaving, etc. Subsection 61K. Be it further enacted by the authority aforesaid, that the Mayor and City Council, may assess any part or all of the cost for so improving street intersections, as well as any part or all of the costs of making

Page 97

any and all necessary curbing, against the owners and their property abutting on the street or streets in which the intersections may occur or the curbing may be necessary, whether the street intersections or the curbing abuts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abuts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportions as the Mayor and City Council of said City may deem equitable and just, but in no event shall it be in excess of two thirds of the actual cost of same against any property owners or abutting properties. Street intersections. Subsection 61L. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City shall have the power and authority to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said improvements, so the that City may authorize any person, firm, corporation, or governmental agency, or division, department thereof, to make for it and in its behalf any and all contracts and agreements for the making of said improvements. Agency. Contracts. Subsection 61M. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City shall have the right and authority in their discretion to issue the bonds of said City for the purpose of making any portion or all of said improvements herein authorized, or which have heretofore been authorized by law, provided that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the issuing of municipal bonds shall be fully complied with. Bonds. Subsection 61N. Be it further enacted by authority aforesaid, that said City shall have the right to accept and receive any gift, donation, or contribution from any source whatever for the purpose of making any of said

Page 98

improvements, and the Mayor and City Council of said City are hereby authorized to use and appropriate any such gift, donation, or contribution, either in reduction or any assessments which it may see fit to make against said City as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property. Donations. Subsection 61 O. Be it further enacted by authority aforesaid, that said City shall have the right and authority to levy an ad valorem tax not exceeding 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 of Georgia for the purpose of supporting and maintaining and bearing the general expense of said City and its government, and that any portion of the funds so raised may, in the discretion of the Mayor and City Council of said City be used to make any of the improvements herein authorized, and that this method of payment for said improvements shall be additional and cumulative of the other methods of payment provided for herein. Tax ad valorem. Subsection 61P. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1926. COMMERCE REGISTRATION OF VOTERS. No. 6, SECOND SESSION. An Act to amend an Act approved August 17th, 1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City of Commerce, to prescribe their

Page 99

powers and duties and the manner of their election, to declare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizance, to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be good and valid for and against the City of Commerce, that all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of an electric-light plant and also for the issuing of additional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, so as to add a new Section to be numbered Section 45-A, providing that the Mayor and Council of the City of Commerce shall have authority to elect three or more City Registrars to prepare a registration list of the qualified voters of said City of Commerce who shall be entitled to vote in elections held in said City for the purpose of issuing bonds to improve the streets and highways thereof or pave the same also act in the same manner in all similar elections, to prescribe their duties, their term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 17th, 1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City of Commerce, to prescribe their powers and duties and the manner of their election, to prepare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizances, to provide that all valid bonds and contracts made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be

Page 100

good and valid for and against the City of Commerce, and all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of an electric-light plant, and also for the issuance of conditional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, be and the same is hereby amended by adding a new Section to be number-Section 45-A, and to read as follows: Act of 1909 amended. Sec. 45-A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That immediately after the passage of this Act the Mayor and Council of the City of Commerce shall be and they are hereby authorized and empowered to elect three or more upright and discreet persons who shall be freeholders and citizens of said City of Commerce, to Act as registrars for said City of Commerce, and whose term shall be for two years and until their successors shall be elected and qualified. It shall be the duty of said registrars to prepare a registration list of the qualified voters of said City of Commerce who shall be entitled to vote in elections held in said City for the purpose of issuing bonds to improve the streets and highways thereof or to pave the same, also in the same manner in all similar elections, which said registration list shall be furnished by said registrars to the managers of such elections in the way and manner provided by section 45 of said Act approved August the 17th, 1909. New section. Registration of voters. Duty of registrars. Sec. 45-B. Provided, however, that the registrars herein provided for shall serve in like manner in all other similar elections held in said City. Service. Sec. 45-C. Provided also that the term of office of the registrars first name under the provisions of this Act shall expire on January first, 1928. Terms of office.

Page 101

Sec. 2. 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. GAINESVILLE INDUSTRIAL AND PUBLICITY BOARD. No. 24, SECOND SESSION. An Act to amend the Charter of the City of Gainesville, Georgia, by empowering the commissioner of said city of Gainesville to provide, maintain, and conduct an Industrial and Public Board; to provide how said board shall be organized; to provide for funds to be used by said board by authorizing and directing that the commissioners of said City shall levy an annual tax thereof, for the purpose of promoting the growth and interest of said City, the prosperity and welfare of its inhabitants, by advertising the advantages of said city; to provide for the ratification of this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act the Commissioners of the City of Gainesville shall be empowered to establish an Industrial and Publicity Board by appropriate resolution or ordinance providing for the ratification of this Act by vote of citizens of Gainesville, Georgia, and therein vest the power and authority to advertise the advantages of the City of Gainesville, Georgia, and surrounding territory for the purpose of promoting the interest in and growth of said City, thereby contributing to the prosperity and welfare of its inhabitants. Power to establish board.

Page 102

Sec. 2. That when said board shall have been so designated and organized, it shall have the power to expend moneys hereinafter provided for, to employ agencies and mediums for advertising, and do any and all things necessary to carry out the provisions of this Act. Expenditures. Sec. 3. Said Industrial and Publicity Board, when established as provided for by this Act, shall consist of three members, one of whom shall be elected by a majority of the Commissioners of said City, either from among said Commissioners or other citizens of said City; and one of whom shall be President of the Chamber of Commerce of said City; and the other member to be elected by two above designated members, he being a resident and taxpayer of said City. All the members of said Board herein provided for shall serve without pay, and their term of office shall be for one year and until their successors shall be elected and qualified. Said Board when so designated shall meet on the first Saturday in January of each year and organize by electing one of their members chairman, another secretary and such other officers as said Board may deem necessary. All checks or warrants on said funds shall be signed by both the secretary and chairman of said board. Any vacancy occuring, except by expiration of term of office shall be filled by the remaining two members. In case the President of the Chamber of Commerce should refuse to act on said Board, then said Chamber of Commerce shall elect from among its membership a member of said Board. Should the Chamber of Commerce cease to function as such, then said Commissioners of said City shall elect a second member of said Board from among the citizens and taxpayers of said city, other than said Commissioners, so that at no time there will not be more than one member of said board who shall be a commissioner of said city. Membership. Terms and duties. Vacancies. Sec. 4. That when said Act has been adopted as herein provided, the Commissioners of said City shall pass

Page 103

a resolution calling for the organization of the said Board by this Act created, and shall levy an annual tax on all the taxable property within the city, unless otherwise by law exempted from taxation, for the purpose of providing said Board with funds for conducting an industrial and publicity program, which said tax shall not excede one (1) mill on each dollar of assessed taxable property. That when said tax has been collected by said City, said fund shall be deposited in the designated depository of said City of Gainesville, to the credit of the Industrial and Publicity Board. Tax levy. Sec. 5. That said Industrial and Publicity Board shall have the power and authority to spend said money raised by tax hereinbefore provided, for the purpose of advertising the advantages and opportunities afforded by the City of Gainesville and surrounding territory and in inducing industrial plants to locate in or near said City, said Board to conduct said advertising in the way and manner that seems best to them; and for this purpose said Board shall have the authority to establish agencies and mediums of advertising for said purposes herein provided, and may in its discretion work in conjunction with or through the Chamber of Commerce, always looking to the best methods of carrying into effect the rights and powers prescribed in this Act. That all the funds provided herein shall be spent in the conduct of the affairs of said Board, in defraying its expenses of establishment, maintenance, and conduct in the interest in the publicity program. Authority of board. Advertising. Sec. 6. That said Industrial and Publicity Board, when organized, shall have the power and authority to adopt such by-laws, by a majority vote of said Board, not inconsistent with this Act, for the operations of said Board as it deems the conduct of the Publicity program. By-laws. Sec. 7. That before this Act shall become effective for the organization of said Board, the Commissioners

Page 104

of the City of Gainesville, Georgia, shall pass a resolution or ordinance providing for said Industrial and Publicity Board to be created and organized and a tax not to exceed one (1) mill to be levied, as hereinbefore provided, for the purpose of carrying on the publicity program herein authorized, and directing same to be voted on by the voters at any regular election or any regularly called election, thereafter. After the same has been voted on by those citizens of the City of Gainesville voting in the next regular election of said City, and who are qualified to vote for Commissioners in said election, and if a majority of those voting shall vote in favor of said Board, on ballots as hereinafter prescribed, said Board shall then be organized and said tax levied. Those voting in favor of the creation of the Industrial and Publicity Board and the tax of one mill shall have written or printed on their ballot the following: For the creation of an Industrial and Publicity Board and tax not to exceed one (1) mill for Publicity. Those voting against said Board shall have written or printed on their ballot the following: Against the creation of an Industrial Publicity Board and tax not to excede one (1) mill for publicity. Referendus to voters. Ballots. Sec. 8. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1926. HARTWELL STREET IMPROVEMENTS. No. 9, SECOND SESSION. An Act to amend an Act incorporating the Town of Hartwell, Hart County, Georgia, approved February 26th, 1856, and an Act approved September 9th, 1889, defining the corporate limits thereof, and an Act amending the Act approved February 26th, 1856,

Page 105

approved November 4th, 1899, and an Act amending the charter of the Town of Hartwell, approved November 15th, 1901, and the Act approved August, 13th, 1904, changing the name of the Town of Hartwell to the City of Hartwell, and more particularly to amend an Act approved August 18th, 1923 contained in Georgia Laws, 1923, pp. 662-671, both inclusive, to wit: An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13, 1904, so as to authorize and empower said City of Hartwell through its governing authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways or any portion thereof within the corporate limits of said city, and to assess the cost of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as Street Improvement Bonds to be negotiated by the City or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for retiring such bonds, 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 of Hartwell's share of expense of such improvement; to authorize said improvements to be made and said paving and macadamizing to be done by the City of Hartwell, as herein provided, or in connection with any department of this State, and for other purposes, so as to provide for the appointment of a Board of Appraisers to fix the assessments against abutting property owners for street improvements, and define their duties and powers; to provide for a public hearing of any objection to the fixing of said assessments; for the levying

Page 106

of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessments, or prevent the levying or collection of such assessments or the issuing of bonds therefor; to provide for the filing and recording of the assessment roll in the office of the Clerk of the Superior Court of Hart County, after the same shall have been made, and to define the contents thereof; to provide for the giving of a bond by the treasurer of the City of Hartwell with reference to the funds arising by reason of the assessments against abutting property owners, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Acts of the General Assembly of the State of Georgia specified in the caption hereof, and particularly that Act of the General Assembly of the State of Georgia, approved August 18th, 1923, entitled, An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13th, 1904, so as to authorize and empower said City of Hartwell through its governing authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways, or any portions thereof, within the corporate limits of said city, and to assess the costs of making such improvements in whole or in part against the abutting property, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create alien on such therefor; to provide for the issuing of bonds known as `Street Improvement Bonds' to be negotiated by the city, or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all

Page 107

the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of the expense of said improvements; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Hartwell, as herein provided, or in connection with any department of this state; and for other purposes, be and the same is hereby amended in the following manner, to wit: By striking from the Act of the General Assembly of Georgia, approved August 18th, 1923, section 2 of said Act and substituting in lieu thereof, to be known as section 2 the following section, to wit: 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 intersection on any street or streets to be paved, the Mayor and Board of Aldermen of said city shall by written resolution appoint a Board of Appraisers, consisting of five persons who shall be freeholders of said City of Hartwell, and shall possess the same qualifications as are required by the charter and ordinances of said City of Hartwell for the office of Mayor; which, when appointed, 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 Board of Aldermen 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, assessment, and apportionment of such

Page 108

expense and costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, or other public place, whether owned by private individuals, associations, corporations, the County of Hart, or the City of Hartwell, so improved, with the Secretary and Treasurer of the Board of Aldermen of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the Mayor and Board of Aldermen shall appoint a time for the holding of a session of said Board of Aldermen or shall designate a regular meeting of said Board of Aldermen for the hearing of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment as to any such tract or lots of land abutting on said improvement; and notice of said session for said hearing shall be published by the Secretary and Treasurer of said city once a week for two consecutive weeks in a newspaper of general circulation in the City of Hartwell, which notice shall provide for an inspection of such report by any property owner or other party interested therein. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the date of the last publication. Said Mayor and Board of Aldermen 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 by said Board of Appraisers or as corrected by said Mayor and Board of Aldermen. When said appraisements, apportionments, and assessments shall have been finally fixed and determined, the Mayor and Board of Aldermen of said city shall make or cause to be made by the Secretary and Treasurer of said city a full and complete statement thereof, to be known as the `Paving Assessment Roll of the City of Hartwell,' which shall contain substantially the names of the owners of the property against which said assessments are made, the location of the property so assessed, and the amount of each assessment so made in pursuance of the provisions of this Act, and

Page 109

when due, which shall be entered upon the Minutes of the Mayor and Board of Aldermen of said city, and a certified copy thereof filed in the office of the Clerk of the Superior Court of Hart County upon the deed records thereof, and, when so filed and recorded in said Clerk's office, shall constitute notice of the existence of the lien of said assessments on the property abutting the streets, sidewalks, and other public places so improved; provided, however, that this requirement as to the filing of said certified copy in the office of the Clerk of the Superior Court of Hart County is cumulative, and shall not be construed as affecting in any manner the status, rank, or dignity of the assessment liens therein authorized to be made. When said assessments shall have been paid in full, the Secretary and Treasurer of the City of Hartwell is authorized to cause an entry to that effect to be made on the records of the Clerk of the Superior Court of Hart County, and also upon the records made by him. Act of 1923 amended. New sec. 2 Paving, etc. Board of appraisers. Report of assessment. Objections, hearing. Review. Assessment roll. Notice of lien, by record. Sec. 2. Be it further enacted by the authority aforesaid, that the Acts of the General Assembly of Georgia, approved August 18th, 1923, be and the same are hereby amended by striking therefrom Section 3 thereof, and substituting in lieu of said Section 3 the following section to be known as Section 3 of said original Act: Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Board of Aldermen shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Board of Aldermen, 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 on the first day of December

Page 110

next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Board of Aldermen may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Board of Aldermen, 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 Hartwell his promissory notes in a form approved by said Mayor and Board of Aldermen 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 on the property against which they have been levied, and said assessments and liens may 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. The notes so given shall contain a stipulation to pay, in ddition to the principal and interest thereof, reasonable attorney fees, which may be collected upon the City of Hartwell's serving written noticof its intention to issue an execution for said assessments, which notice shall be served upon the person owning the property against which the lien of said assessment exists, ten days prior to the issuance of said execution, which fees, if collected shall inure to the benefit of the City of Hartwell to reimburse it for any expense incurred in the collection of such assessments. New sec. 3. Assessments. When payable. Interest. Notes. Estoppel. Fees on notes. Sec. 3. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia,

Page 111

approved August 18th, 1923, be and the same is hereby amended by striking therefrom Section 4 thereof and substituting in lieu of said Section 4 the following section to be known as Section 4 of said original Act, as follows: Sec. 4. 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 Mayor and Board of Aldermen from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Board of Aldermen may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. New sec. 4. Limitation of action. Sec. 4. Be it further enacted by the authority aforesaid, that Section 6 of the Act of the General Assembly of Georgia, approved August 18th, 1923, be and the same is hereby amended by striking therefrom the words, which bonds shall in no event become a debt or liability of said City of Hartwell by reason of its issuing the same for the purpose herein specified, so that when so amended said Section 6 shall read as follows: Section 6. Be it enacted by the authority aforesaid, that any time after the date of the passage of the ordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Board of Aldermen of the City of Hartwell may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount 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 Board

Page 112

of Aldermen may determine; one tenth of the amount of such series, of bonds with the interest upon the whole amount of such series shall become due and payable on the first day of January next succeeding the date of the issuance thereof, and one tenth of the amount of such issuance 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 annum from their date until maturity, which interest may be required to be paid annually or semi-annually, as said Mayor and Board of Aldermen may determine, and shall be designated `Street Improvement Bonds,' and shall on their face recite the street or streets or other public place or places for the improvement of which they have been issued, and that they are payable from assessments which have been levied upon lots, parcels, and tracts of land benefitted by such improvements under the authority of this Act. Said bonds shall be signed by the Mayor of the City of Hartwell and attested by the Secretary and Treasurer thereof, and shall have thereupon 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 wihout the State of Georgia, as may be designated by said Mayor and Board of Aldermen; 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 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 amounts due upon contract or contracts, and any portion of the bonds not so negotiated may be sold or otherwise dispose of by the aforesaid authorities of the City of Hartwell, and the proceeds applied to any [Illegible Text]

Page 113

incident to and incurred by the city in providing for such improvements; said bonds shall be registered by the Secretary and Treasurer of the City of Hartwell 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 amended. Bond issue. Bonds. Interest. Signature and seal. Proceeds. Registry. Sec. 5. Be it further enacted by the authority aforesaid, that said Act be and the same is hereby amended by adding to Section 7 thereof the following: That the secretary and Treasurer of the City of Hartwell, in addition to the bond now required of him by law as such officer, shall give bond with good and sufficient security to be approved by the Mayor of said city and payable to the City of Hartwell, in an amount equal to the principal and interest of the assessments due and payable during any one year in which said assessments shall be due and payable, which bond shall be for the use and benefit of the holders of any of such street improvement bonds herein authorized to be issued, which bond shall contain such conditions as the Mayor and Board of Aldermen may by ordinance prescribe, and that the City of Hartwell for itself or for others legally or equitably interested in said street assessment bonds shall have the right to institute suit thereon in any court of competent jurisdiction; provided, however, that if the governing authorities of said city shall fail or refuse to institute suit thereon when having been requested so to do in writing by any holder or holders of said street improvement bonds, the holder or holders of said street improvement bonds shall have the right to institute suit thereon in the name of the City of Hartwell for the use and benefit of the holder or holders of any of such bonds and that the cost of so doing, including attorney fees, shall be borne by the said City of Hartwell. Sec. 7 amended. Treasurer's bond. Suit on bond. Sec. 6. Be it further enacted by the authority aforesaid, that Sec. 13 of said Act be and the same is hereby amended by striking therefrom the words the City's

Page 114

share of, so that said Section when so amended shall read as follows: Section 13. Be it further enacted, that the Mayor and Board of Aldermen is hereby authorized and empowered to levy and collect an annual tax of not exceeding one dollar on each one hundred dollars worth of property within the city subject to municipal taxation, in addition to the tax now authorized to be levied for street purposes, which shall be a separate fund to be used as supplemental to the other fund herein provided for in making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Hartwell are collected. Sec. 13 amended. Tax levy. Sec. 7. 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. HOMERVILLE REGISTRATION OF VOTERS. No. 8, SECOND SESSION. An Act to amend section six of an Act entitled An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for the election of a Mayor and Councilmen, to prescribe their powers and duties, and for other purposes, approved August 22, 1907, Acts 1907, pages 723-728, as amended, so as to provide for the registration of voters in the Town of Homerville, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section six of an Act entitled

Page 115

An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for the election of a Mayor and Councimen, to prescribe their powers and duties, and for other purposes, approved August 22, 1907, Acts 1907, pages 723-728, as amended, be and the same is hereby amended by adding at the end thereof the following words, to wit: Provided, the Mayor and Councilmen of the Town of Homerville may by proper ordinances provide for the registration of such voters and require them to register as an additional qualification, by striking from said section the word male, and by striking from said section the words, for officers of said Town, and placing in lieu thereof the words held in the Town of Homerville, for any purpose whatever, so that said section six of said Act shall, when so amended, read as follows: Be it further enacted, that all citizens qualified to vote for members of the General Assembly and who shall have paid all taxes legally imposed and demanded by the authorities of the Town and shall have resided thirty days within the limits of the corporation, and no other person, shall be qualified to vote at any election held in the Town of Homerville for any purpose whatever; provided the Mayor and Council of the Town of Homerville may by proper ordinances provide for the registration of such voters and require them to register as an additional qualification. Act of 1907 amended. Registration of voters. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict therewith be and the same are hereby repealed. Approved March 31, 1926.

Page 116

JACKSON STREET IMPROVEMENTS. No. 10, FIRST SESSION An Act to authorize and empower the Mayor and Aldermen of the City of Jackson, Butts County, Georgia, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other public places in said city to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving, paving, and draining, and for the making and collecting of assessments for the same, and establishing a lien therefor; to provide for the payment of such grading, improving, paving, draining, or other street improvement by the abutting and adjacent property owners, either in whole or in part, on a basis of ten per cent. yearly of the amount assessed against the abutting and adjacent property owners and interest thereon for ten years; to provide for the payment of the part thereof to be paid by the City of Jackson, if any part, by payment in cash, notes, bonds, or other legal methods; to provide for the renewal of any such paving; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Mayor and Aldermen of the City of Jackson, Butts County, Georgia, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Jackson and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act. Powers conferred. Sec. 2. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvement shall be

Page 117

charged with the cost thereof, according to the just pro rata of the cost of said improvement for the said frontage, on a basis of lineal foot frontage, between the abutting property owners on each side of said street, avenue, lane, alley, or sidewalk, of said city. Also, that the space covered by the intersection of intersecting streets, avenues lanes or alleys shall be assessed either as real estate belonging to said City of Jackson, or against the abutting or adjoining property owners, or between the abutting or adjoining property owners, and the City of Jackson, as may seem right and just in the sound discretion of said Mayor and Aldermen of said City. Assessment of abutting property. Intersections of streets. Sec. 3. Be it further enacted that the said Mayor and Aldermen shall have the power, and it shall be their duty, to enact and pass any ordinance and to establish such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvements and to cause to be put in and constructed all water, gas or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such improvements are to be made, and all cost and expense for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements in addition to the basis of said lineal foot frontage. Cost of improvements. Sec. 4. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall be empowered to make and let contracts, and shall provide that the contractor shall execute to the City of Jackson a good and sufficient bond, in an amount to be fixed by the Mayor and Aldermen, conditioned for the full and faithful performance of the work and performance of the contract for the paving and improving such streets, lanes, alleys, avenues, and sidewalks of said City, and for the protection of the said City and all property owners

Page 118

interested against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond, in an amount to be stated, for the maintenance of good condition of such improvements for a period of five years from the time of the completion of said work or such paving and improvements. Contracts. Bond of Contractor. Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen shall be empowered to advertise for sealed bids or proposals for the furnishing of materials and performing the work necessary in making such improvements, the notice of such proposal to state the street or streets, lanes, avenues, and sidewalks or other public improvements to be so improved, the kind of improvements proposed, what bond shall be required to be executed by the contractor aforesaid, and shall state the time when and the place where such proposals shall be filed, and to be considered by the said Mayor and Aldermen. Such notice shall be published in two consecutive issues of the newspaper wherein the Sheriff's advertisements are advertised in and for the County of Butts. At the time and place stated, said Mayor and Aldermen shall examine all bids received, and award the contract to the lowest and best bidder, reserving the right to reject any and all bids for any sufficient reason appearing to the Mayor and Aldermen. Advertisement for bids. Publication of notice. Sec. 6. Be it further enacteed by the authority aforesaid, that the said Mayor and Aldermen shall appoint three discreet persons as appraisers, either from among the Aldermen of said City or from the citizens of the City of Jackson, who shall appraise and assess the cost and expense of grading, draining, paving, or otherwise improving any street, avenue, alley, lane, sidewalk, or other public place to be improved, and apportion said cost and expense to the several lots, pieces, or parcels of land abutting and adjoining the said street, avenue, alley, lane, sidewalk, or other public place to be so improved, said apportionment to be prorata on a basis of lineal foot

Page 119

frontage of said property of the abutting land owners so improved, and shall immediately after making such apportionment, as aforesaid, make a written report and file the same with the Mayor and Aldermen, who shall, upon receiving the report, publish notice of the filing of said report showing what streets, alleys, lanes, avenues, and sidewalks, or other public places to be improved and affected by said report, said notice to be published once in the newspaper in which the Sheriff of Butts County publishes legal notices, said notice requiring all persons interested, who oppose said improvements or the said cost and expense as appraised, assessed, or apportioned, to file their objections or protest to same within ten days from the date of said publishing of said notice; and in the event that any objection or protest may be filed, said Mayor and Aldermen shall, after the expiration of said ten days, pass on same, and may change same in any way as may seem to them just and right in the premises, and no protest shall be considered unless filed before the expiration of said ten days notice. Apportionment of assessments. Objections. Sec. 7. Be it further enacted by the authority aforesaid, that after the expiration of the time of hearing of any protest that may be filed against the report of the said appraisers stated in Sec. 6, the Mayor and Aldermen shall levy assessments in accordance with said appraisements and apportionments, as so conferred, against the several tracts of land liable therefor, provided, however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for, and that said assessments shall be payable in ten equal annual installments. The first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the 1st day of December next succeeding the passage of an ordinance passed for the purpose above named, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of December in each succeeding year until all

Page 120

shall be paid. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amount of their respective assessments, with the interset due thereon, within thirty days from the date of the passage of the ordinance, or on or before such date as said ordinance shall designate, and thus relieve his property from the lien of such assessment, and said ordinance shall also state from what date interest on said aessssments shall begin. Levy of assessements. Interest rate. Installment payments. Sec. 8. Be it further enacted by the authority aforesaid, that such special assessments and each installment thereof and interest thereon are hereby declared to be a lien against the property so assessed for such improvements from the date fixed in said ordinance levying the same, coequal with the lien of other taxes and prior and superior to all other liens against said lots, parcels, or tracts, and such lien shall continue until such assessments and interest thereon shall be fully paid. Lien of assessments. Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of twenty days from the passage of an ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing such date as may be provided therein, and of such denominations as the Mayor and Aldermen shall determine, which said bond or bonds shall in no event become a liability of the Mayor and Aldermen or the City of Jackson other than hereby provided. One tenth in amount of any such series of bonds shall be payable on the first day of January next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof shall be payable on the first day of January in each succeeding year until all shall have been paid. Such bonds shall bear interest at a rate not exceeding 6 per cent. (6%) per annum from date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on

Page 121

the face thereof recite the street or streets, parts of streets, avenues, lanes, and alleys, sidewalks, or other public places for the improvements of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots, pieces, or parcels of land against which said assessments have been made under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of the Council, 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 shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses of said improvements by the said Mayor and Aldermen; or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor at par value in payment of the amount due on said contract; and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as said Mayor and Aldermen shall direct. Said bonds may be registered by the Clerk of the City of Jackson in a book to be provided for that purpose, and certificate of registration by said Clerk shall be endorsed upon each of said bonds. Bond issue. When payable. Interest on bonds. Signature and seal. Sale price. Disposal. Registry. Sec. 10. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person or persons owning said lots or tracts of land, or his transferees, assigns, or administrators, as the several installments become due, together with the interest thereon, to the Treasurer of the City of Jackson, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in

Page 122

a special fund to be uesd and applied for the payment of such bonds and the interest thereon, and expense incurred thereto, and for no other purpose. It shall be the duty of the Treasurer of the City of Jackson, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to notify in writing of the maturity of said installment, by mailing same to his or her known address, notifying the person or persons owing same that unless the same be promptly paid on the date when it matures, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment of such assessments and interest thereon, in the event of any failure or default of any person or persons to promptly pay said installment of such assessments when due with the interest due thereon, to issue an execution against said person defaulting and the tract or lot of land liable for said installment in default, and against which said installment is a lien under this Act, said executions to be issued in the name of the City of Jackson as other executions are issued and signed by the Treasurer of the City of Jackson or other proper officer for the amount of such assessment with interest due thereon, and shall turn over the same to the Chief of Police of the City of Jackson, or his deputy who shall levy the same upon the property liable therefor and previously assessed for such improvements, and, after due advertising as the law provides in the cases of the collections of city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall pass absolute title to the purchaser, subject to the lien of the remaining unpaid installments with interest, also subject to the right of remdeption as now provided by law in case of tax sales; provided, the owner of property upon which said execution was levied shall have the right to file an affidavit of illegality denying the whole or any part of the amount for which said execution issued, stating the amount admitted to be due, which amount admitted to be due shall be paid before the affidavit shall

Page 123

be accepted by the levying officer, and said affidavit shall also set out the reason claimed why the amount therein named is not due, and said affidavit shall be returned by said levying officer to the proper court having jurisdiction thereof for trial, and there tried as other affidavits of illegality are tried, subject to all the penalties provided in such cases. The failure of said Treasurer to give the notice of the due date of said installments of such assessments and interest due thereon shall in no wise effect the validity of the assessment and interest and the execution issued therefor. And that no suit shall be instituted to set aside any assessment or enjoin the Mayor or Aldermen from making any assessment or the issuance of any execution, or the collecting of any assessments, or the issuance of said bonds, or providing for the payment of same, on any ground or reason, unless same is filed and instituted within sixty days from the act complained of. Payment of assessments. Account of collections. Notice by mail. Executions. Levy and sale. Title. Affidavit of illegality. Limitation of action. Sec. 11. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson are hereby empowered to levy any additional assessment for the drainage, repavement, or improvement, after the expiration of the time provided herein, for the maintenance of said improvements by the contractor so improving same, for any and all streets, lanes, alleys, and avenues and sidewalks of the City of Jackson. Additional assessment. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall have the power and authority to pass any and all ordinances, and pass and make any resolutions, from time to time for the purpose of carrying into effect any and all of the provisions of this Act. Ordinances. Sec. 13. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall have the power to contract with the County Commissioner or Commissioners of the County of Butts, or with the State Highway Department, with reference

Page 124

to obtaining from the County of Butts any aid, or from the State Highway Department for State or Federal aid in any way, for the paving and improving around the public square whereon the County Court House is located, and to contract with said parties for any such aid in improving any street which in any way connects with the Public Highway leading in any direction to or through the City of Jackson by obtaining funds from either or both sources for paving said streets and other improvements. Contracts. State and Federal aid. Sec. 14. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall have power to cause to be removed from the streets, sidewalks, or near either, any obstructions, telephone poles, trees, or posts, that in the discretion of said Mayor and Aldermen may interfere in any way with said grading, paving, or other improvements. Removal of obstructions. Sec. 15. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annual and void the present law, or any amendments thereto, or any provisions of the present Charter, or any amendments to said Charter of the City of Jackson, in reference to paving within the City, or of the manner of assessments, or for the collection of same, but the same shall be in addition to the present laws contained in its charter and its amendments thereto. Charter provisions retained. Sec. 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws that conflict with this Act be and the same are hereby repealed. Approved March 19, 1926.

Page 125

LOUISVILLE STREET IMPROVEMENTS. No. 13, SECOND SESSION. An Act to amend an Act approved July 10th, 1925, entitled: An Act to amend the Charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequent amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, with in the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as Street Improvement Bonds to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, 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 of Louisville's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes, so as to provide for the appointment of a Board of Appraisers to fix the assessments against the abutting property owners for street improvements, for the public hearing of any objections

Page 126

to the fixing of said assessments, for the levying of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessment or prevent the levying or collecting of such assessment or the issuing of bonds therefor. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of the State of Georgia approved July 10th, 1925, entitled: An Act to amend the charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequest amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, within the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; and to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as `Street Improvement Bonds' to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, 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 of Louisville's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the

Page 127

condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes, be and the same is hereby amended in the following manner, to wit: By striking from said Act Sections 2, 3, and 4 thereof, and repealing said Sections 2, 3, and 4, which said Sections read as follows, to wit: Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the side sidewalks, footways, crosswalks, 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 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 apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereafter provided for, which assessments shall be paid in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may, in the discretion of said Mayor and Council by proper written resolution, be required to be paid annually or semi-annually at such time or times said Mayor and Council may fix and determine. Sec. 3. Be it enacted by the authority aforesaid, that the Mayor and Council of the City of Louisville is hereby constituted the board of appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix and apportion the cost and expense of the aforesaid improvements pro rata per lineal front foot to the several tracts,

Page 128

lots, or parcels of land abutting upon the area covered by such improvements. A majority of said Board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any question before said board for determination; provided, however, that the Mayor and Council of the City of Louisville may in its discretion appoint from among the residents of the City of Louisville five persons who shall constitute said Board of Appraisers, the person or persons so appointed to be freeholders in said City of Louisville, and shall possess the same qualifications as are required by the charter and ordinances of the said City of Lousville for the office of Mayor, and when so apointed shall do and perform all the duties as provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other causes, the Mayor and Council of said City is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid Board. Sec. 4. Be it enacted by the authority aforesaid, that the first installment of such assessments, together with the interest upon the whole, shall be due and payable 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 determine, and one installment together with the semi-annual or annual interest upon the amount remaining unpaid shall be due and payable on the first day of December of each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of the assessments, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; provided, however, any one or more of the owners of the property assessed shall have the privilege of paying

Page 129

the amount assessed against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment. Act of 1925 amended. Sec. 2. Be it further enacted by the authority aforesaid, that said Act approved July 10th, 1925, is amended by substituting in lieu of said Sections of said Act numbered 2, 3, and 4, the following two Sections, to be known as Sections 2 and 3 of said Act, which said amended Sections are as follows, to wit: 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 costs 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 Lousville, and shall possess the same qualifications as are required by the Charter and ordinances of said City of Lousville for the office of Mayor; and when said Board is 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

Page 130

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. 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 appraisement, 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 for two consecutive weeks, in a newspaper of general circulation in the City of Lousville, and said notice shall provide for an inspection of such report by any property owner or other party interested in such report. The time fixed for said hearing shall not be less than seven 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 by the said Board or as corrected by said Mayor and Council. New sections. Board of appraisers. Report of assessment and apporticnment. Objections. Notice. Review of appraisement. 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 land abutting on said improvement, in accordance with 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 on the first day of December next succeeding the date of the levy of such assessment, or

Page 131

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 Council 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 Lousville 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 stopped from contesting the same on any ground whatsoever. Assessment levy. Payments. Installments. Notes. Estoppel. Be it further enacted by the authority aforesaid, that said Act approved July 10th, 1925, is hereby amended by adding thereto a Section to be known as Section 16, and reading as follows, to wit: Sec. 16. 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 Mayor and Council from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within

Page 132

sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. New Sec. 16. Limitation of action. New assessment. Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 2, 1926. MARIETTA BUSINESS-LICENSE TAX. No. 7, FIRST SESSION. An Act to amend the Act approved August 18, 1925, Acts of 1925, pages 1176-1178, entitled: An Act to amend an Act creating a new charter for the City of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, passed by the General Assembly of 1904, and approved August 15th, 1904, by providing a permanent registration of the voters of said city in municipal elections; to provide a maximum business license of $100.00 and a minimum business license of $25.00, and providing further that the sum of $5,000.00 of the first money received from the sale of licenses be paid over to the school funds of the city for use of the Board of Education, provided there is a city board of Education, for educational purposes and providing further that any money derived from this source, in addition thereto, to go into the general fund of the city, and for other purposes, so as

Page 133

to provide that $75.00 shall be the maximum and $5.00 shall be the minimum, amount of annual business tax from any individual, firm, or corporation engaged in business in said city, that said Mayor and Council shall be authorized to levy and collect; and by repealing that portion of said Act which provides that: Five thousand ($5,000.00) dollars of the first money received from the sale of licenses shall be paid into the school funds of the city for use of the Board of Education of said city, provided there is a Board of Education in said city, for educational purposes in said city, and any money derived from this source in addition thereto to go into the general fund of the city,' and for other purposes. Section 1. 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 the Act of the General Assembly approved August 18, 1925, amending the Act of the General Assembly of 1904, creating a new charter for the City of Marietta, be and the same is hereby amended by striking from Sec. 2 of said Amendatory Act the second paragraph of said section and all of said Sec. 2 that occurs after the word following, in the ninth line of said Sec. 2, and the third and last word thereof, and inserting in lieu thereof the following: Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars to be the minimum amount to be levied against any business under this clause, so that said section, when amended, with the line 35 and part of line 36 stricken as above, shall read as follows: Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars the minimum amount to be levied against any business under this clause, so that said Sec. 2 of said Amendatory Act, when so amended, shall be as follows: Act of 1925 amended. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the Act

Page 134

of the General Assembly of Georgia approved August 15th, 1904, creating a new charter for the City of Marietta, be and the same is hereby amended by striking from Sec. 26, lines 35 and 36, as printed in the Acts of 1904, beginning with the words `twenty-five dollars' and ending with the word `clause,' and inserting in lieu thereof the following: Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars to be the minimum amount to be levied against any business under this clause, so that said section when amended, with the line 35 and part of line 36 stricken as above, shall read as follows: `Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars to be the mimimum amount to be levied against any business under this clause,' To be read. Maximum and minimum business-license taxes. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 18, 1926. MARIETTA PUBLIC SCHOOLS; LOCAL TAX. No. 6, FIRST SESSION. An Act to amend the Act approved August 7, 1920, Acts of 1920, pages 1233-1235, entitled: An Act to amend an Act to create a system of public schools for the City of Marietta, in the County of Cobb; to levy a tax and provide a support for the same; to create a Board of Education, and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes, approved December 29, 1890, as amended by an Act approved September 26, 1891, so as to increase the tax levy provided for in Sec. 2 of said amended Act from five twentieths of

Page 135

one per cent. to one half of one per cent. on all taxable property of said city, and for other purposes, so as to increase the tax levy provided for in Sec. one of said amending Act from one half of one per cent. to sixty two cents per hundred dollars on all taxable property of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 7, 1920, amending the Act approved December 29, 1890, to create a system of public schools for the City of Marietta, as amended by the Act approved September 26, 1891, be and the same is hereby amended by striking the words one half of one per cent. in the 17th line of Section 1 of said Amendatory Act of 1920 and inserting in lieu thereof the words sixty-two cents per hundred dollars, so that said Section 1 of said Amendatory Act of 1920, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a system of public schools in and for the City of Marietta approved December 29, 1890, as amended by an Act approved September 26, 1891, be and the same is hereby amended so as to change Sec. 2 of said amended Act as follows: By striking the words `five twentieths' immediately after the word `exceed,' and immediately preceeding the words `of one per cent.,' and inserting therein the words `sixty-two cents per hundred dollars, so that when said section is amended it will read as follows: That if said election shall be for public schools and bonds, as provided in Sections 1 and 2 of the original Act the Mayor and Council of the City of Marietta, Georgia, shall levy and collect a tax annually in addition to that now allowed by law, not to exceed sixty-two cents per hundred dollars on all taxable property in said city for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purpose. The

Page 136

clerk of the Council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund. Act of 1920 amended. To be read. Increase of school-tax levy. Sec. 2. Be it further enacted by the authority aforesaid, that the provisions of this Act, so far as the same relates to an increase in taxation for the support of public schools of Marietta, shall not take effect until same is ratified by an election to be held in the City of Marietta, which election must be called by the Mayor and Council of said City within thirty days after they receive notice from the Board of Education of said City to order said election, and all persons who are qualified and entitled to vote for Mayor and Council in said election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots For local tax for public schools, and those who oppose shall have written or printed on their ballots Against local tax for public schools, and in case a majority of the votes east in said election shall be For local tax for public schools, then it shall, be the duty of the Mayor and Council of Marietta to annually raise by taxation, in the manner now provided by law, a sum sufficient to carry out the purposes of this Act, provided same shall not exceed sixty-two cents per hundred dollars, on the taxable property of said City. The Mayor and Council shall give public notice of the election once a week for two weeks in any newspaper having a general circulation published in said City. The returns of said election shall be made to and the result of same declared by said Mayor and Council of Marietta. Should the requisite majority fail to vote for said increased taxation, then any number of elections may be thereafter held under the provisions of this Act, after due notice as herein provided, until said increased taxation receives a majority of the votes cast in said election; provided, no other election may be held sooner than six months after the holding of an election. Referendum to voters. Ballots. Notice of election. Additional elections.

Page 137

Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 15, 1926. McRAE STREET IMPROVEMENTS. No. 5, SECOND SESSION. An Act to amend an Act approved August 1st, 1918, entitled An Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes, as amended by an Act approved July 21st, 1925, so as to provide for all of the cost of street improvements in said City of McRae to be apportioned and assessed against the abutting property and the owners thereof on each side of the street or the public thoroughfare to be paved, macadamized, or otherwise improved according to the frontage of said property thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved July 21, 1925, entitled An Act to amend an Act approved August 1st, 1918, entitled an Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes, so as to empower the City of McRae to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, highways, or any portion thereof

Page 138

within the corporate limits of the City of McRae, and to assess the costs of making such improvements in whole or in part 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 of McRae or otherwise used in making provision 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 on any one using such funds for any other purpose; and for other purposes, be and the same is hereby amended by striking out and repealing all of Section Seven (7) thereof and substituting for said Section Seven (7) the following: Be it further enacted by the authority aforesaid that the entire expense of making all such street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and shall be paid by the owners of such property according to its frontage. Act of 1925 amended. New Sec. 7. Whole cost assessed. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1926. MILLEDGEVILLE STREET IMPROVEMENTS. No. 37, SECOND SESSION. An Act to amend an Act providing for the improvement and paving of the streets, sidewalks, squares, and alleys of the City of Milledgeville, approved August 21st, 1925, and to provide for the assessment of the

Page 139

cost of improving and paving the intersections of streets, lanes, and alleys in the said City against owners of land and against the land abutting on the streets, lanes, and alleys improved or paved, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved on August 21st, 1925, providing for the improvement of streets, sidewalks, squares, and alleys of the City of Milledgeville, be and the same is hereby amended: 1st. By adding after Section 30 in said Act the following section: Section 31. Be it further enacted, that the Mayor and Aldermen of the city of Milledgeville be and they are hereby authorized, if in their discretion they determine it to be to the best interest of the City, to assess the cost of the paving or improvement of the intersections of streets, lanes, and alleys in the said City against the abutting lands of the unit improved or paved, and may include the cost of improving or paving of any or all street and alley intersections in any improvement unit in the total cost of said improvement project, and assess same against the abutting owners and abutting land on each side of said street or alley or section to be improved or paved in the same manner provided in this Act, and the cost of the improving and paving said intersections may be included in the bonds issued under this Act, and the assessments for the improving and paving said intersections shall constitute a lien against the lots and tracts of land so assessed, as provided in Section 13 of this Act. Act of 1925 amended. New Sec. 31. Assessment of whole cost. Sec. 2. Be it further enacted that Section 31 of the Act approved August 21st, 1925, be numbered 32. Sec. 3. Be it further enacted that all laws and parts of laws conflicted in this Act be and the same is hereby repealed. Approved April 17, 1926.

Page 140

MILLEN STREET IMPROVEMENTS. No. 15, SECOND SESSION. An Act to amend the Charter of the City of Millen, in Jenkins County, approved August 20, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such manner and at such time as they may determine by ordinance or resolution, and to provide for the payment of one third of the expense of such paving by the City of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said property, and the notice to be given abutting or fronting property owners, and the manner of collecting the amount assessed against them; to empower the Mayor and Council in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said City, to grade, pave, macadamize, or otherwise improve the streets or sidewalks abutting their respective properties, to have such improvements made without further notice, and in their discretion assess the abutting property owners either the entire costs of such paving or other improvements or two thirds of the same; to authorize the City of Millen to issue bonds for the purpose of paving the streets and sidewalks of said City, or to pay its proportionate share of the costs of paving any street or streets or sidewalks of said City, when authorized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose, and for other purposes. Sec. 1. Be it, and it is, hereby enacted by the general Assembly of the State of Georgia, that the Mayor and Council of the City of Millen, a municipal corporation incorporated by an Act of the General Assembly of

Page 141

Georgia, August 20, 1906, shall have full and complete power and authority by a majority vote at a regular or called meeting to require any street, alley, lane, sidewalk, or street crossing to be paved, in such manner and with such material and at such time as they may determine by resolution or ordinance. One third of the expense of paving streets shall be borne by the City, and the other two thirds by the abutting property owners in just proportion to the frontage of said property. The entire expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the frontage of said property thereon. Whenever the Mayor and Council shall determine to pave any street, sidewalk, lane, or alley in said City, they shall require the City Clerk to notify in writing all persons owning property abutting or fronting thereon, of such intention, together with a statement of the amount assessed against said property therefor; and the City shall at once proceed to do said paving or cause it to be done, and when the same is completed it shall be the duty of said property owners to pay into the Treasury of the City, within twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the City Clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by thy Chief of Police or Marshall of the City, and the same advertised and sold at public auction in conformity to the law of this State governing the sales of property under judgment and execution by thy sheriffs. Said Chief of Police or Marshal shall make to the purchaser a good and valid deed thereto, conveying title as fully and complete as sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Millen shall have full right to bid on and purchase said property at said sale should the Mayor and Council choose to offer the highest bid therefor; whereupon

Page 142

said deed shall be made to said City. Said Chief of Police or Marshall is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Powers conferred. Paving expense assessed. Notice. Time for payment. Execution Lien. Levy and sale. Title. Possession. Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said City, for said Mayor and Council to either grade, pave, macadamize or otherwise improve the sidewalks abutting their respective properties, or upon a like petition for said Mayor and Council to grade, pave, macadamize, or otherwise improve the street or road-bed proper, have said work done without further notice, and may in their discretion assess the abutting property owners either the entire costs of such improvements or two thirds costs of the same, which said work, when done under this Section, shall in other respects be governed by the powers, authority, and law given in Section One of this Act. Paving without notice. Assessment of entire cost. Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may issue bonds for the purpose of paving the street and sidewalks of said City, or for the purpose of paying its proportionate share of the costs of paving any streets or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held, and such bonds shall be issued in conformity with the general law governing the holding of election for and issuing of bonds by municipalities in this State. Bond issue. Election. Sec. 4. 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 April 2, 1926.

Page 143

MILLEN STREET IMPROVEMENTS. No. 23, SECOND SESSION. An Act to amend the charter of the ity of Millen, in Jenkins County, approved August 20th, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such manner and at such time as they may determine by ordinance or resolution, and to provide for the payment of one third of the expense of such paving by the City of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said property, and the notice to be given abutting or fronting property owners, and the manner of collecting the amount assessed against them; to empower the Mayor and Council, in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said City, to grade, pave, macadamize, or otherwise improve the streets or sidewalks abutting their respective properties, to have such improvements made without further notice, and in their discretion assess the abutting property owners either the entire cost of such paving or other improvements or two thirds of the same; to authorize the City of Millen to issue bonds for the purpose of paving the streets and sidewalks of said City, or to pay its proportionate share of the costs of paving any street or streets or sidewalks of said City, when authorized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose, and for other purposes. Section 1. Be it, and it is, hereby enacted by the General Assembly of the State of Georgia, that the Mayor and Council of the City of Millen, a municipal corporation

Page 144

incorporated by an Act of the General Assembly of Georgia, August 20th, 1906, shall have full and complete power and authority by a majority vote at a regular or called meeting to require any street, alley, lane, sidewalk, or street crossing to be paved, in such manner, and with such material, and at such time as they may determine by resolution or ordinance. One third of the expense of paving streets shall be borne by the City, and the other two thirds by the abutting property owners in just proportion to the frontage of said property. The entire expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the frontage of said prperty thereon. Whenever the Mayor and Council shall determine to pave any street, sidewalk, lane, or alley in said City, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon, of such intention, together with a statement of the amount assessed against said property therefor; and the City shall at once proceed to do said paving or cause it to be done; and when the same is completed, it shall be the duty of said property owners to pay into the treasury of the city, within twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien of said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the chief of police or marshal of the city, and the same advertised and sold at public auction in conformity to the law of this State governing the sales of property under judgment and execution by the sheriffs. Said chief of police or marshal shall make to the purchaser a good and valid deed thereto, conveying title as fully and complete as sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Millen shall have full right to bid on and purchase

Page 145

said property at said sale should the Mayor and Council choose to offer highest bid therefor; whereupon said deed shall be made to said City. Said chief of police or marshal is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Powers conferred. Expense of paving. Notice of assessments. Time for payment. Execution. Lien. Levy and sale. Title. Possession. Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said city, for said Mayor and Council to either grade, pave, macadamize, or otherwise improve the sidewalks abutting their respective properties, or upon a like petition for said Mayor and Council to grade, pave, macadamize, or otherwise improve the street or road-bed proper, have said work done without further notice, and may in their discretion assess the abutting property owners either the entire costs of such improvements or two thirds costs of the same, which said work, when done under this Section, shall in other respects be governed by the powers, authority, and law given in Section 1 of this Act. Paving without notice. Assessment of entire cost. Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may issue bonds for the purpose of paving the streets and sidewalks of said city, or for the purpose of paying its proportionate share of the costs of paving any street or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held and such bonds shall be issued in conformity with the general laws governing the holding of elections for and the issuing of bonds by municipalaties in this State. Bond issue. Election. Sec. 4. 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 April 9, 1926.

Page 146

MOULTRIE STREET IMPROVEMENTS. No. 19, SECOND SESSION. An Act to amend an Act of the General Assembly of Georgia, approved November 20th, 1901, entitled An Act to create a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes, and to amend particularly an Act approved August 18th, 1913 (Georgia Laws, 1913, pp 1062-1065), amending said original charter of said City, and to amend the several Acts amendatory to either of the above-described Acts, so as to authorize and empower said City of Moultrie to establish and to change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares or other public places or highways or any portion thereof, within the corporate limits of said City; to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the procedure of making and collecting such assessments for the same, and for the hearing of complaints and objections by the Mayor and City Council (or aldermen) to such assessments; 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 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 on any one using such funds for any other purpose; to provide for the renewal of any such paving, or other paving previously laid; to authorize said improvements to be made and any of of such work to be done by said city as herein provided,

Page 147

or in connection with any department or subdivision of this State, and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved November 20, 1901, entitled An Act to create a new charter for the City of Moultrie in the County of Colquitt, and for other purposes, and an Act approved August 18, 1913, amending the above-described Act, and all other Acts amendatory to either of said described Acts, be and same are hereby amended by adding the following sections: Acts of 1901 and 1912 amended. Sec. 2. Be it further enacted, that said city, by its Mayor and Council, or Board of Aldermen, is hereby authorized and empowered, in addition to such powers and rights heretofore granted to it, to establish and change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares, or other public places or highways or any portion thereof, within the corporate limits of said city, under existing law or the provisions and limitations of this Act, whenever in its judgment the public convenience and welfare may require such improvements. Powers conferred. Street improvements. Sec. 3. Be it further enacted, that whenever said city, by its Mayor and Council, shall deem it necessary or advisable to make any of said improvements, said city shall by resolution or ordinance declare and describe such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in the official organ of Colquitt County, that is the newspaper in which legal advertisements are published; and if the owners of more than one half of the linear front feet of the land abutting on such improvements and liable to assessment to pay for such improvement shall not, within fifteen days after

Page 148

the last publication of such resolution or ordinance, file with the clerk of said city their protest in writing against such improvements, then said city, by its Mayor and Council, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, sidewalks, or other public places or parts thereof to be so improved, as herein authorized, may be included in one resolution or ordinance, but any protest or objection shall be made as to each street, highway, or other public place separately, except when treated as one project, as herein provided. It is further provided, however, that if the owners of more than one half of the front feet of land liable to assessment for any such improvement shall petition said city for such improvement of any street or highway or any public place herein enumerated or authorized to be improved, or any part thereof, described in such petition, giving the character of improvements desired, the width of the same, and the material preferred by petitioners for such improvements, said City of Moultrie, by its Mayor and Council, may thereupon, in their discretion, cause the said improvements to be made in accordance with the prayer of said petition; and in such cases the resolution or ordinance herein mentioned shall not be required. The term paving herein shall include grading and excavating, engineering, and all other things usual and incident to the proper paving and improvement of any of said described or designated streets, highways, or other public places; and to this end said city shall have authority to prescribe the material to be used and the manner in which the same shall be done, whether by contract or otherwise. Publication of ordinance. Protest, time for. Separately made. Petition authorizing improvement. Paving inclusive. Sec. 4. Be it further enacted, that whenever any of such improvements within the corporate limits of said city shall have been authorized under the laws and ordinances of said city, and the cost of such improvement has been ascertained, which cost shall include all expenses

Page 149

incurred by said city incident to such improvements (including the entire cost of putting in and constructing all water, gas, or sewer-pipes and conduits or tubes for electric wires for lights or telephone connection in and underneath the streets, avenues, lanes, alleys, and all other public places where such improvements are to be made), the mayor and council shall by written resolution apportion the cost and expense of the same pro rata per front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, which cost and expense may be so apportioned either before or after such improvements are made and the work completed, and shall then levy assessments against said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, and it shall be the duty of each property owner to pay his pro rata portion of the entire cost, or of so much thereof as is assessed against the property owners, on his particular street or continuous street covered in one project, according to the linear frontage of the property owned by such property owner on the portion of the street or streets improved; provided that the said city, by its mayor and council, may in their discretion in the foregoing resolution or ordinance provide that the frontage of intersecting streets, avenues, alleys, or lanes shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, in which case said city shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, avenue, or project, and shall possess the same rights and privileges of all other owners of real estate abutting on any such improvements, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage, such payment to be made out of the general fund of said city accruing from taxes collected during the current year; but provided also, that the mayor and council of said city may in their discretion assess any

Page 150

part or all of the cost for so improving street intersections and of any and all necessary curbing against the owners and their property abutting on the street or streets in which the intersection may occur of the curbing may be necessary, whether the street intersections or the curbing abuts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abuts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportion as the mayor and council of said city may deem equitable and just. Ascertainment of cost, including all expenses. Apportionment of assessments. Intersections fo streets. Any or all of cost on property abutting. Sec. 5. Be it further enacted, that when any such improvements are proposed to be authorized and executed by said city under the provisions of Section 3 of this Act, after the expiration of the time for objections or protests on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city, by its mayor and council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be; and whether such improvements are to be authorized and done under the provisions of this Act or under the existing law as provided in said Act approved August 18, 1913, in either event, a resolution may be adopted by said mayor and council expressing the determination of said city to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Moultrie

Page 151

shall deem proper to impose with reference to letting the contract and the provisions therefor; and the said city shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said City of Moultrie. Said notice shall be published once a week for two consecutive weeks in the official organ of said county, that is the newspaper carrying its leagal advertisements. At the time and place specified in such notice the City of Moultrie, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Moultrie as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and readvertise for

Page 152

other bids when any such are not in its judgment satisfactory. Resolution, provisions and statements in. Contractor's bond. Advertisement for proposals. Publication of notice. Award of contract. Sec. 6. Be it further enacted, that the mayor and council of said city are hereby authorized to name and appoint a board of appraisers, consisting of at least three members, which shall comprise its agent or engineer assigned to the supervision of such improvements, the clerk of said city, and one member of the city council. Said board may be appointed as soon as the contract for said improvement is let and the cost of the same is ascertained; and it shall be the duty of said board, after ascertaining the cost of the improvements authorized by said city and covered by such contracts, to appraise the cost and expense of the same pro rata per lineal front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such improvements. As soon as practicable after the apointment of said board of appraisers, said board shall file a written report of the appraisal, assessment, and apportionment of such expense and cost to the several lots and tracts of land abutting on such improvements, or places in which the same occur, with the clerk of said city, which report shall be a public document accessible to and open to the inspection of any property owner or other person interested in such return. When said report shall have been returned and filed, the said mayor and council shall appoint a time for the holding of a session of the mayor and council for the hearing before them of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment, as to any such lot or tract of land abutting on said improvements, and shall cause notice of such session for said hearing to be published in said official organ of said county at least once a week for two consecutive weeks prior to the date of such session; and said session may thereafter adjourn from time to time without further published notice. The mayor and council at such session shall have the power and authority to review and correct

Page 153

said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said mayor and council. Board of appraisers. Report of assessment. Objections. Notice. Review. Sec. 7. Be it further enacted that whenever any of said improvements described and authorized in Sections 2 and 3 of this Act shall be authorized and done by said city, pursuant to the provisions hereof, the mayor and council of said city may in their discretion apportion and assess any part or all of the cost of making any or all of said improvements against the abutting property and the owners thereof on each side of the streets, highways, public places, or other area covered by such improvements, according to the frontage of said property thereon. If in the discretion of the mayor and council any portion of such cost is assessed against any has to be borne by the city, such assessment and expense may be paid out of any available funds for that purpose in the city treasury, or the mayor and council may levy a special ad valorem tax against all property in said city subject to said tax, sufficient in amount to pay the same, or the same may be paid from the proceeds of bonds duly authorized, validated, and issued by said city. Assessments. Special tax. Sec. 8. Be it further enacted that assessments in conformity to said appraisment and apportionment as confirmed by said mayor and council shall be payable in ten annual installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. That said mayor and council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause notice of said appraisement and apportionment, duly certified as correct by the city clerk, to be recorded on the mortgage records of Colquitt County. Such special

Page 154

assessment and each installment thereof, together with interest on the same, are hereby declared to be a special lien against the lots, parcels, or tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes, and prior to and superior to all other liens against such land, and such liens shall continue until such assessment and interest thereon shall be fully paid, but provided , however, that unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Payment of assessments. Levy; record of notice. Lien of assessment. Sec. 9. Be it further enacted that the first installment, together with interest to that date upon the whole, shall be due and payable on the first day of October next succeeding the date of the levy of such assessment, and one installment, together with interest upon the amount remaining unpaid, shall be due and payable on the first day of October in each succeeding year until all shall have been paid; provided that , if such assessing ordinance shall be passed after the first day of July in any year, then the first installment and interest shall become due and payable on October first of the succeeding year; and provided, nevertheless, that any owner of the property so assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of such ordinance, without interest, and thus relieve his property of the lien of such assessment. Installment payments. Sec. 10. 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 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 of such denominations as the mayor and council may determine, which bonds shall in no event become a debt or liability of the City of Moultrie by reason of its issuing the same for

Page 155

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 November next succeeding the maturity of the first installment of the assessment as heeinbefore 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 November in each succeeding year until all of said installments shall have been paid. Such bonds shall bear interest at a rate not exceeding a rate of seven 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 improvements of which they have been issued and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefitted by such improvements under authority of this Act. Said bonds shall be 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 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. And any portion of the bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of by the mayor and 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. Said bonds may, at the option of the holder thereof, be registered by the city clerk in a book to be

Page 156

provided for that purpose, and a certificate of registration by the clerk shall be by him endorsed upon each of said bonds. Bond issue. City not liable. Maturities. Interest. Signature and seal. Sale price. Disposal. Registry. Sec. 11. Be it further 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 the said lot, parcel, or tract of land, on the first day of October of each year, together with the interest thereon, to the clerk of the City of Moultrie, who shall give proper receipts for such payments; it shall be the duty of the city clerk to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or mis-appropriation of such fund 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 installment 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 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

Page 157

due, which amount 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 Justice's Court of the 1151st District G. M., of Colquitt County or to the Superior Court of said county, if the amount of the execution is one hundred dollars or less, and the Superior court only if the amount contested is over one hundred dollars, and there tried and the issue determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay. Time for paying assessments. Account of collections. Penalty. Execution. Levy and sale. Title. Affidavit of illegality. Return for trial. Sec. 12. Be it further enacted by the authority aforesaid, that the mayor and city council in its discretion, by proper written resolution, provide for and require the payment of interest on the bonds authorized to be issued in accordance with the provisions of Section 9 of this Act, semi-annually, on the first day of November and May, instead of annually; and, in levying the assessments against property owners for such public improvements as authorized by this Act, the mayor and city council may likewise require the installments to be paid semi-annually on the first day of October and April of each year, instead of annually, as provided in Section 9 and 11 of this Act. Semi-annual interest on bonds. Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where the City of Moultrie, by its mayor and council, shall deem it necessary to repave, redrain, remacadamize, and otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, such pavement or improvement is hereby authorized to be done under and in pursuance of the provision of this Act, and in such cases all provisions of this Act for making such improvements and levying assessments therefor and the issuance of bonds shall apply. Authority to repave, etc.

Page 158

Sec. 14. Be it further enacted, that where the right of way or any railway company crosses any public thoroughfare within the corporate limits of the City of Moultrie, such company is to be deemed for all the purposes of this Act as the owner of the property on both sides of such thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its track or tracks; and where the right of way, or other occupied or unoccupied land of any railway company lies longitudinally along and abuts upon any street or thoroughfare in said city, such company and its said abutting property shall be subject to all the provisions of this Act in the same manner and to the same extent as other persons, firms, and corporations owning property in the City of Moultrie. That whenever the abutting landowners of any street, alley, avenue, or lane of said city petition the City of Moultrie as herein set out, or the mayor and council or said city pass the resolution or ordinance provided for in section 3 of this Act, for the pavement of any said street, avenue, alley, or lane or other public place, where the State, or any of its political subdivisions, is the owner of any 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 the county is the owner, the chairman of the Board of Roads and Revenues of Colquitt County is authorized to sign in behalf of the county; and where the City of Moltrie is the owner, the mayor of Moultrie is authorized to sign in behalf of the city. Railroads. Assessment to City, County, or State. Sec. 15. 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 City of Moultrie or its mayor and council from making any such assessment or levying or collecting any such assessments, or issuing

Page 159

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 City of Moultrie, by its mayor and council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty 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 for any reason whatsoever, the said mayor and council may, at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Limitation of action. New assessment. Sec. 16. Be it further enacted, that the mayor and city council of said city shall have the power and authority to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said improvements, so that the city may authorize any person, firm, corporation, or governmental agency, division, or department thereof to make for it and in its behalf any and all contracts and agreements for the making of said improvements. Said city shall have the right to accept and receive any gift, donation, or contribution from any source whatever for the purpose of making any of said improvements, and the mayor and council of said city are hereby authorized to use and appropriate any such gift, donation, or contribution, in their discretion either in reduction of any assessments which it may see fit to make against said city as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property. Agency. Contracts. Donations. Reduction.

Page 160

Sec. 17. Be it further enacted, that the provisions of this Act shall be deemed and held to be cumulative of and supplemental to the existing law with reference to such improvements in said City of Moultrie, particularly as authorized in said Act of 1913, it not being the intention of this Act to repeal any present or existing laws on said subject relating to said City of Moultrie; but said city, under any future proceeding under and by virtue of said Act of 1913, may, in the discretion of the mayor and council, adopt and avail itself of any of the provisions, rights, privileges, powers, and remedies authorized in this Act, whenever the provision of said two Acts are not inconsistent with and antagonistic to each other. This act cumulative. Sec. 18. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved April 6, 1926. NASHVILLE STREET IMPROVEMENTS. No. 25, SECOND SESSION. An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, 1910, so as to authorize and empower the City of Nashville, by its Mayor and Council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting

Page 161

and adjacent property owners on the basis of ten per cent. yearly for ten years; to provide for the issuance of bonds as the City of Nashville by its Mayor and Council, to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes. Sec. 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 from and after the passage of this Act the Charter of the City of Nashville, Berrien County, Georgia, which was approved August 15, 1910, be and the same is hereby amended as follows: Act of 1910 amended. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that said City of Nashville, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this Act. Powers. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Nashville, by its Mayor and Council, shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, sidewalk, or any part thereof within the limits of the City of Nashville, said City of Nashville, by its Mayor and Council, shall by resolution declare such work or improvement necessary to be done, and such resolutions or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Nashville, and if the owners of more than one half of the linear front feet of the land fronting on such improvement and liable to assessment

Page 162

to pay for such improvement, on such street, avenue, alley, lane, sidewalk, or highway, shall not, within fifteen days after the last publication of such resolution or ordinance, file with the Clerk of said City of Nashville their protest in writing against such improvement, then said City of Nashville by its Mayor and Council shall have the power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, sidewalks, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except, when treated as one project, as hereinafter provided. Provided, however, that if the owners of the entire linear frontage of land abutting any proposed improvement of any street or part of street, alley, lane, or avenue, sidewalk, or other public place described in such petition, shall petition the City of Nashville, or its Mayor and Council, for such improvement desired, the width of the same and materials preferred by petitioners for such improvement, and express a willingness to pay the entire cost of such improvement, it shall thereupon be the duty of said City of Nashville, by its Mayor and Council, to promptly cause said improve ment to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that where two or more streets running in the same general direction from one continuous way, they may be treated as one street, and the improvement thereof as in this Act provided shall constitute one project and shall be dealt with accordingly as to resolutions, ordinances, or petition of property owners or protest by property owners, or other proceedings. Assessments. Ordinance. Separate protests. Petition. Sec. 4. Be it further enacted by the authority aforesaid, that whenever it shall be determined, under the provisions of the foregoing sections, that any street, avenue, lane, or alley within the corporate limits of the City

Page 163

of Nashville shall be paved, macadamized, or otherwise improved as herein provided, then the total cost of said paving or improvement to be proportioned shall include grading, excavating, engineering, and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Nashville will be liable for one third of said total cost, and abutting property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley shall be liable for his pro rata share of said two thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of this City charter or amendments thereto or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect from abutting property owners the entire cost of such improvement adjacent to and abutting said property. Provided further, that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine. Expenses included in cost. Proportions of liability. Assessment of entire cost. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 5 of this Act is presented, or when the City of Nashville, by its Mayor and Council, shall have determined to have or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said city of Nashville, by its Mayor and Council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their

Page 164

proportionate part of the entire cost of such improvement, that is, two thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer-pipers in and underneath the streets, avenues, lanes, alleys, and other public places where such improvements are to be made as may be deemed proper and necessary by said Mayor and Council, and two thirds of the total cost of such water or sewerpipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority, and discretion to include the cost of such water or sewer-pipe and connections and cost of construction in the general assessment, under same rules and regulations as to cost of pavement as herein set forth. Assessments inclusive of improvements. Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or upon the receipt of the petition for such improvement signed by the abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Nashville, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said City, by its Mayor and Council, to proceed with the improvements, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Nashville, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Mayor and Council shall by said resolution

Page 165

provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of the Mayor and Council of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kind of improvement proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and place where such sealed proposals shall be filed and when and where the same will be considered by the City of Nashville, by its Mayor and Council. Said notice shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Nashville. At the time and place specified in such notice the City of Nashville, by its Mayor and Council, shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by said City of Nashville as prescribed in such resolution and notice for proposals, and the said city, by its Mayor and Council, shall have the right to reject any and all bids and readvertise for other bids when any such are not in its judgement satisfactory. Resolution. Terms and conditions. Contractor's bond. Advertisement for proposals. Notice. Publication. Award of contract. Sec. 7. Be it further enacted by the authority aforesaid, that as soon as the contract is let and the cost of such improvements, which shall include all other expenses

Page 166

incurred by the city incident to such improvements in addition to the contract price for the work and materials, is ascertained, the said City of Nashville, by its Mayor and Council, shall by resolution appoint a board of appraisers consisting of its agent or engineer, the Clerk of the said City, and a member of the Board of Tax Assessors to appraise and apportionate cost and expense of the same to the several tracts of land abutting on such improvements. Within ten days from the date of the resolution appointing said Board, the said Board shall file a written report on the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alley, lane, avenue, or other public place so improved, with the Clerk of said City. When said report shall have been returned and filed, the said city shall appoint a time for the holding of a session of its Mayor and Council for the hearing of any complaints or objections that may be made concerning the said appraisment, apportionment, and assessment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the hearing shall be published by the Clerk of said City at least once a week for two consecutive weeks in a newspaper having a general circulation in said city, and said notice shall provide for inspection of such by any property owner or other person interested in such return. The time fixed for such hearing shall not be less than five days nor more than ten days from the last publication. The Mayor and Council at said session shall have power to review and correct said appraisment, apportionment, and assessment and to hear objections to the same, and to confirm the same, either as made by said Board or as corrected by the Mayor and Council. Assessments in conformity to said appraisment and apportionment as confirmed by said Mayor and Council shall be payable in ten equal installments, and shall bear interest at the rate of not more than 7 per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year.

Page 167

The said Mayor and Council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed, against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Berrien County, duly certified as correct by the Clerk of the Council, and when so recorded, the charges assessed against the various parcels of and shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Berrien, and the City of Nashville. Board of appraisers. Report of assessment. Objections. Notice. Review. Payment of assessments. Interest. Record of appraisement. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid, that the first installments of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of November next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of November in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November the first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty says from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the City Clerk of the City of Nashville and relieve their property from the lien of said assessments, which money so paid to the City Clerk shall be disbursed pro rata between the contractor and the City in proportion to their respective interests. Installment payments. Time for payment. Disbursement. Sec. 9. Be it further enacted by the authority aforesaid, that such special assessment and each installment therefor and interest thereon are hereby declared to be a

Page 168

lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessments. Sec. 10. Be it further enacted by the authority aforesaid, that the said City of Nashville, by its Mayor and Council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Nashville, by its Mayor and Council, shall determine, which bond or bonds shall in no event become a liability of the City of Nashville, or its Mayor and Council issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to that date, shall be payable on the 15th day of November next succeeding the maturity of the first installment of the assessments and interest and one tenth thereof, with the yearly interest upon the whole amount remaining unpaid, shall be payable on the 15th day of November in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 7 per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvements under authority of this Act. Said bonds shall be signed by the City of Nashville, by its Mayor, and attested by the Clerk, and shall have the impression of the corporate seal of

Page 169

such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable to bearer at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Said bonds may be registered by the City Clerk in a book to be provided for that purpose, and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds. Bond issue. Non-liability. Payment of bonds. Interest rate. Signature and seal. Sale price. Disposal. Registry. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the City Clerk of the City of Nashville, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep accurate accounts of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and interest, and for no other purpose. It shall be the duty of the city clerk, not less than thirty days and not more than forty days before maturity of any installment of such assessments, to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, avenues, alleys, or highways whereon said improvements were made advising the owners of the property affected by

Page 170

the assessments of the date when such installment and interest will be due, and designating the street or streets or other public places for the improvement of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest. And it shall be the duty of said City Clerk, promptly at the date of maturity of any such installment or assessment and interest, and or before the 15th day of November of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Nashville, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what 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 shall set out in detail the reason why the affiant claims the amount is not due and when received by the City Marshal shall be returned to the Superior Court of Berrien County, Georgia, and there tried and the issue determined as in cases of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the judge of Superior Court of Berrien County to give preference to the trial of these cases over all other cases pending in said court. The failure of the

Page 171

city clerk to publish said notice of the 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. Payments. Account of collections. Publication of notice. Execution. Levy and sale. Affidavit of illegality. Return for trial. Failure to publish notice. 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 City of Nashville or its Mayor and Council from making any such assessments or issuing such bonds or providing for the payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the City of Nashville, by its Mayor and Council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the report of the appraisers as herein provided for, unless such suit shall be commenced within sixty 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 for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Limitation of action. New assessment. Sec. 13. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council of City of Nashville, where any pavement or hardsurfaced improvements have been made under this bill, at all times to maintain and keep in good repairs the said streets so so improved at the expense of said city; except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done after obtaining consent in writing from the Mayor and Council, at the expense of said person or corporation finding it necessary to break or destroy any or such streets so paved. Repairs.

Page 172

Sec. 14. Be it further enacted by the authority aforesaid, that in computing time as to the publication of notices in a newspaper as required by this Act, the time shall be the number of days therein specified, exclusive of all Sundays and legal holidays. Time of publication. Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or lane of said City petition the City of Nashville, as herein set forth, or the Mayor and Council of said city pass the resolution or ordinance provided for in Section 3 of this Act, for the pavement of any street, avenue, alley, lane, or other public place, where the State or any of its political subdivisions is the owner of any property on said street, the frontage so owned is to be counted as if owned by an individual and shall likewise be treated for the purpose of assessment; and where the State is the owner, the Governor is authorized to sign any petition provided for in this Act; and where the county is the owner, the chairman of the Board of Roads and Revenues for Berrien County is authorized to sign in behalf of the county; and where the City of Nashville is owner, the Mayor is authorized to sign for the City of Nashville. Frontage. City, County, State. Sec. 16 Be it further enacted by the authority aforesaid, that it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Nashville, but it is intended that this Act is to be cumulative as to all such improvements in said City. It is the intention to preserve all rights and privileges heretofore granted to the Mayor and Council in the charter of the City of Nashville, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act; and the City of Nashville, by its Mayor and Council, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Nashville and amendments thereto. This act cumulative.

Page 173

Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved April 10, 1926. PERRY STREET IMPROVEMENTS. No. 1, SECOND SESSION. An Act to amend the charter of the City of Perry in Houston County, approved December 12, 1859, and Acts amendatory thereof, so as to authorize the Mayor and Aldermen of the City of Perry to grade, pave, macadamize, or otherwise improve the sidewalks, streets, alleys, and lanes of said city, and for that purpose to issue bonds; to require street and steam railroads in the street and other public places of said City to improve and pave the same within the tracks and two feet on each side thereof; to provide for the procedure for such grading, improving, and paving, and for making and collections of assessments for the same, and for establishing a lien therefor, and enforcement of collection of same; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property-owners on the basis of ten per cent yearly for (10) ten years; to provide for the issuance of bonds by the said Mayor and Aldermen of the City of Perry, to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of such paving and other paving previously laid, and for other purposes. 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 charter of the City of Perry in Houston County, Georgia, be and the same is hereby amended in the following particulars: Charter amended.

Page 174

Sec. 2. Be it enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Perry is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Perry, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitation prescribed in this Act. Powers conferred. Sec. 3. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes, alleys of said City or other public places shall be required by said Mayor and Aldermen to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed, or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of said Mayor and Aldermen to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Mayor and Aldermen at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Mayor and Aldermen of the City of Perry shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company which may be enforced against such property as hereinafter provided for the enforcement or other liens for paving, provided, however, that this section shall not go into effect or become operative until after the expiration of five (5) years from the passage of this Act. Railroads, Paving, etc. Lien. Sec. 4. Be it further enacted by the authority aforesaid, that whenever the said Mayor and Aldermen shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or

Page 175

any part thereof, within the limits of the City of Perry, said Mayor and Aldermen shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consective issues of a weekly newspaper published and having a general circulation in the City of Perry; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within fifteen (15) days after the last publication of such resolution, file with the Clerk of said City their protest in writting against such improvement, said Mayor and Aldermen shall have power to cause said improvement to be made to contract therefor and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the Mayor and Aldermen for such improvement of any street or part of street, alley, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petition by such improvements, it shall thereupon be the duty of said Mayor and Aldermen to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such cases the resolution hereinbefore mentioned shall not be required. Resolution to pave, etc. Publication. Protest. Assessments. Petition of owners. Sec. 5. Be it further enacted by the authority aforesaid, that the lots, pieces, or parents of land fronting or abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on basis on lineal foot frontage; provided, that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the

Page 176

street, lane, alley, or avenue paved or otherwise improved, and the said Mayor and Aldermen shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall posess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City treasury the just pro rata of the entire cost of said work or improvement for the said frontage. Assessment pro rata. Sec. 6. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section four of this Act is presented, or whenever the said Mayor and Aldermen shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section four of this Act, the said Mayor and Aldermen shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements or to be made, and all cost and expenses for making such connections shall be taxed against such property shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for. Ordinances. Sec. 7. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to

Page 177

be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the City Engineer of said City in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said Mayor and Aldermen shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Aldermen shall by said resolution provide that the contractor shall execute to the City a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvements for a period of not less than five (5) years from the time of its completion, or both, in the descretion of said Mayor and Aldermen. Said resolution shall also direct the City Engineer of said City to advertise for sealed proposals for furnishing the materials and performing the work necessary for making such improvements. The notice of such proposal shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Aldermen. Said

Page 178

notice shall be published in two consecutive issues of a weekly newspaper of general circulation in the City of Perry. At the time and place specified in such notice the Mayor and Aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Aldermen as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the City Engineer with the plans and specifications, and the said Mayor and Aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory. Resolution. Terms and conditions. Bond of contractor. Advertisement for Advertisement for proposalso. Notice. Award of contract. Sec. 8. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the City incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Mayor and Aldermen shall by resolution appoint a Board of Appraisers, consisting of the City Engineer of said City, Clerk of City Council, and the Mayor of said City, to appraise and apportion the costs and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said Board, the said Board shall file a written report of the appraisal and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of Council of said City in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Mayor and Aldermen shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of the Mayor and Aldermen of said City for the hearing of any complaints or objections that may be made concerning the said

Page 179

appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by said Clerk of Council in one issue of any weekly newspaper of general circulation in the City of Perry at least five days before said hearing, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The said Mayor and Aldermen at said session shall have 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 by said board or as corrected by said Mayor and Aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by the Mayor and Aldermen of the City of Perry shall be payable in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Aldermen shall by ordinance levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for. Board of appraisers. Report. Objections. Review. Payment of assessments. Interest. Sec. 9. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall

Page 180

be due and payable on September first of the following year. Such ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the Treasurer of the City of Perry, and relieve their property from the lien of said assessment, which money so paid to the said Treasurer shall be disbursed pro rata between the contractor and the City in proportion to the respective interests. Installment payments. Payments in full. Sec. 10. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien of assessment. Sec. 11. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Aldermen of the City of Perry shall determine, which bond or bonds shall in no event become a liability of the Mayor and Aldermen of the City of Perry issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall

Page 181

be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall have the impression of the corporate seal of such 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 shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Aldermen, or such bonds in the amount that may be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Aldermen shall direct. Said bonds shall be registered by the Clerk of Council in a book to be provided for that purpose, and certificates of registration by said Clerk of Council shall be endorsed upon each of said bonds. Bond issue. Payment of bonds. Interest rate. Signature and seal. Sale price. Disposal. Registry. Sec. 12. Be it further enacted by the authority aforesaid, that the assessments provided for and levied

Page 182

under the provisions of this Act shall be payable by the person owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Perry, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. It shall be the duty of said Treasurer of Clerk of Council, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish, in one issue of a weekly newspaper published in the City of Perry and having a general circulation in said City, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which such assessments have been levied, and that, unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same, for the amount of such assessment with interest, and said execution shall be promptly delivered to the Marshal or Chief of Police of the City of Perry, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement, and, after advertisement and other proceedings as in case of sales for City taxes, the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser, subject

Page 183

to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided in Sections 880, 1169, 1170, 1171, 1172, of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the the whole or any part of the amount for which said execution 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 Houston 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 cases 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 nowise affect the validity of the assessment and interest and the execution issued therefor. Payments. Account of collections. Notice. Execution. Levy and sale. Title. Affidavit of illegality. Return for trial. Sec. 13. 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 Mayor and Aldermen 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 the failure of the Mayor and Aldermen of the City of Perry to adopt and publish the preliminary resolution provided for in Section four of this Act, in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit

Page 184

shall be commenced 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 Mayor and Aldermen may at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Limitation of action. Sec. 14. Be it further enacted by the authority aforesaid, that in all cases where said Mayor and Aldermen shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had 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 said Mayor and Aldermen of the City of Perry the pavement is worn out and no longer serviceable. Repaving, etc. Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or lane of said City petition the said Mayor and Aldermen as herein set out, or said Mayor and Aldermen pass the resolution provided for in Section four 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 purpose of assessment; and where the State is owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in

Page 185

behalf of the State; and where the County is the owner, the Chairman of the Board of County Commissioners of Houston County is authorized to sign in behalf of the County; and where the City of Perry is the owner, the Mayor of Perry is authorized to sign in behalf of the City. Assessments to city, county and state. Sec. 16. 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 27, 1926. QUITMAN STREET IMPROVEMENTS. No. 13, FIRST SESSION. An Act to authorize and empower the Board of Commissioners for the City of Quitman to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the said city and to improve the same by paving, macadamizing, and draining the same; to require street and steam railroads in said streets and other public places to improve and pave the same between their tracks and two feet on either side thereof; to provide for the procedure of such grading, improving, and paving, and for making and collecting of assessments for the same, and for establishing a lien therefor; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property owners on the basis of ten per cent. yearly for ten (10) years; to provide for the issuance of bonds by the said Board of Commissioners, to be known as Street Improvement Bonds, and for the payment of same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.

Page 186

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of Commissioners of the City of Quitman is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Quitman, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act. Powers conferred. Sec. 2. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through or across the streets, avenues, alleys or lanes of said city, or other public places, shall be required by said Board of Commissioners to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of the said Board of Commissioners to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Board of Commissioners at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Board of Commissioners for the City of Quitman shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for enforcement of other liens for paving. Railroads. Lien. Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Board of Commissioners shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley,

Page 187

lane, or any part thereof, within the limits of the City of Quitman, said Board of Commissioners shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consecutive issues of a newspaper published and having a general circulation in the City of Quitman; and if a majority of the owners of the land liable to assessment to pay for such improvements of any such highway shall not, within thirty (30) days after the last publication of such resolution, file with the Clerk of said city their protest in writing against such improvement, then said Board of Commissioners shall have power to cause said improvement to be made and to contract therefor, and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the Board of Commissioners for such improvement of any street or part of street, alley, lane, or avenue or other public place, describing in such petition the character of the improvement desired and the width of the same, it shall thereupon be the duty of said Board of Commissioners to promptly cause the said improvement to be made in accordance with the prayer of said petition, the said Board of Commissioners having, however, the right to determine the material with which such improvements shall be made and the manner of making the same, and in such cases the resolution hereinbefore mentioned shall not be required. Resolution. Publication. Protest. Petition of owners. Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on the basis of lineal foot frontage; provided,

Page 188

that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, and the said Board of Commissioners shall be for all the intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall possess the same rights and provileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City Treasury the just pro rata of the entire cost of said work or improvement for the said frontage. Assessment pro rata. Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section three of this Act is presented, or when the Board of Commissioners shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section three of this Act, the said Board of Commissioners shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements are to be made, and all costs and expense for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for. Ordinances. Costs and expenses. Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such

Page 189

improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said Board of Commissioners shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Board of Commissioners to proceed with the said improvement, stating the material to be used, and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the City Manager of said city in the performance of his duties in preparing for such improvement, the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said Board of Commissioners shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Board of Commissioners shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvements for a period of not less than five (5) years from the time of its completion, or both, in the discretion of said Board of Commissioners. Said resolution shall also direct the City Manager of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and at the place

Page 190

where such sealed proposals shall be filed, and when and where the same will be considered by said Board of Commissioners. Said notice shall be published in two consecutive issues of a newspaper of general circulation in the City of Quitman. At the time and place specified in such notice the Board of Commissioners shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who shall perform the work and furnish materials which may be selected and perform all the conditions imposed by the said Board of Commissioners as prescribed in such resolution and notice for proposals, which contract in no case shall exceed the estimate of cost submitted by the City Manager with the plans and specifications; and the said Board of Commissioners shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory. Resolution. Terms and conditions. Contractor's bond Advertisement for proposals. Publication. Award of contract. Sec. 7. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Board of Commissioners shall by resolution appoint a Board of Appraisers, consisting of the City Manager of said city and the Clerk of the City, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said board, the said Board shall file a written report of the appraisal, assessment, and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Board of Commissioners shall appoint a time for the holding of a session of the said Board or shall designate a regular meeting of said Board for the

Page 191

hearing of any complaints of objections that may be made concerning the said appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said Clerk in at least one issue of any newspaper of general circulation in the City of Quitman, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Board of Commissioners at said session shall have power to review and correct said appraisement, apportionment, and assessment, to hear objections to the same, and to confirm the same either as made by said Board or as corrected by said Board of Commissioners. Assessments in conformity to said appraisement and apportionment as confirmed by the Board of Commissioners shall be paid in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Board of Commissioners shall by ordinance levy assessments, in accordance with said appraisement and apportionment as so confirmed, against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for. Board of appraisers. Report. Objections. Notice. Review. Interest. Levy of assessments. Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessment, together with interest to that date upon the whole, shall be due and payable on a date to be fixed by the said Board of Commissioners when the ordinance providing for said paving is passed, and one instalment with the yearly interest upon the amounts remaining unpaid shall be payable on the same date in each succeeding year until all shall have been paid. Said ordinance shall also

Page 192

provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the Treasurer of the City of Quitman and relieve their property from the lien of said assessment, which money so paid to the Treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests. Installment payments. Payments in full. Sec. 9. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien of assessment. Sec. 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners, after the expiration of thirty days from the passage of said ordinance confirming the levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the Board of Commissioners shall determine, which bond or bonds shall in no event become a liability of the Board of Commissioners for the City of Quitman issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on a date to be specified therein, which date shall not be less than fifteen days

Page 193

succeeding the maturity of the first installment of the assessment and interest, as provided in said ordinance of assessment, and one tenth thereof, with the yearly interest upon the whole remaining unpaid, shall be payable upon the same date in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bond shall be signed by the Board of Commissioners and shall be and shall have the impression of the corporate seal of such city thereon, attested by the Clerk, and shall have the interest coupons attached; and all bonds issued by the authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Board of Commissioners. Said bonds shall be sold for not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Board of Commissioners, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor in payment of the amount due on his contract, and the portion thereof which shall be necessary to pay other expenses incident and incurred in providing for said improvements shall be sold or otherwise disposed of as the Board of Commissioners shall direct. Said bonds shall be registered by the Clerk in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds. Bond issue. Non-liability of city. Payment of bonds. Interest rate. Signature and seal. Sale price. Disposal. Registry. Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person

Page 194

owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasury of the City of Quitman, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incident thereto, and for no other purpose. It shall be the duty of said Treasurer or Clerk, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in one issue of a newspaper published in the City of Quitman and having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installment and interest, and, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same for the amount of such assessment with interest, and shall turn over the same to the Marshal or Chief of Police of the City of Quitman, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement, and after advertisement and other proceedings as in 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 and also subject to the right of redemption as provided in Sections 880, 1169, 1170-71-72, of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the

Page 195

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. payment of assessments. Account of collections. Publication of notice. Execution. Levy and sale. Title. Affidavit of illegality. 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 commenced 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

Page 196

original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Limitation of action. 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. Repaving, etc. 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. Times of publication of notices. 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

Page 197

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. Assessments to City, County, and State. Sec. 16. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annual 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. This law is cumulative. 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. 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 the City of Savannah are hereby authorized and empowered 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

Page 198

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. Abandonment and closing of part of President Street. Proviso. 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 particulars, 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 Swainsboro, 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 August 16, 1912 (Georgia Laws of 1912, pages 1420 to 1423).

Page 199

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

Page 200

overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage, one half of such overplus to be allocated to each side of such street, alley, lane, or way so improved; and the City Council of the City of Swainsboro shall have the right to enforce all assessments against the abutting property and the owners thereof, for sidewalks and street, alley, lane, or way improvement hereinbefore provided for, by attachment, execution, or in any other manner authorized by law, after such assessments shall have been published in one issue of the newspapers in which Sheriff's and Ordinary's notices are published, and after notice shall have been served upon owners of such abutting property, of the date, due date, amount and purpose of such assessment, for as much as thirty days before same are payable, such notices to be in writing, in the name of the City Council of the City of Swainsboro, and signed by the Clerk of Council, and served by the City Marshal upon lot owners in person, or by leaving at their last known place of abode, if within said City, or in person upon any one in actual possession of such abutting property; and in cases where property abutting on streets, alleys, lanes, or ways, so improved, is owned by non-residents, or persons whose whereabouts are not known to be within the limits of said City, and there is no one in actual pasession of same, notice shall be perfected by posting the aforesaid notice upon such abutting property thirty days before such assessments are due and payable; and all such assessments shall carry the same lien and priorities, from their date, as taxes due said City. Fifth. By authorizing the City Council of the City of Swainsboro to co-operate with the proper authorities of the County of Emanuel, and of the State Highway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or otherwise improving sidewalks, streets, lanes, alleys, or ways of said City, adjacent to

Page 201

county-owned property within the limits of said City; and as touching streets, alleys, lanes, or ways of said City, any portion or the whole of which may be paved, or otherwise improved, by the said authorities of the County of Emanuel, or of said State Highway Department of Georgia; and for other purposes. Sec. 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 from and after the passage of this Act, an Act entitled an Act to Incorporate the Swainsboro School District in Emanuel County, and for other purposes, approved August 15, 1904 (Georgia Laws of 1904, pages 427 to 438) be and the same is hereby repealed. Act of 1904 repealed. Sec. 2. Be it further enacted by the authority aforesaid, that an Act entitled an Act creating a System of Public Schools in and for the City of Swainsboro, 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 August 16, 1912, (Georgia Laws of 1912, pages 1420 to 1423), be and the same are hereby repealed. Act of 1905 repealed. Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the City Council of the City of Swainsboro be and the same is hereby given authority to sell and convey the present city-owned school properties, including and contemplating all such properties so held for such purposes by said City, corporeal or incorporeal, real, personal or mixed, together with all rights of approach to and form the same, and all easements of whatsoever sort incident to, or connected herewith, to the proper authority, for the use of the Swainsboro (No. 66) School District of Emanuel County, for such consideration as it shall deem to be for the best interest of said City, the said school properties to be transferred by good and sufficient title, conveying the whole interest of the City therein, in the name of the City Council

Page 202

of the City of Swainsboro, by its Mayor, attested by its Clerk, with the corporate seal attached. Authority to sell school properties. Sec. 4. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the City Council of the City of Swainsboro be given and it is hereby given authority to survey, grade, pave, repave, or to otherwise improve any of the sidewalks of the City of Swainsboro, whenever in their discretion the same shall be for the best interest of said City; and the City Council of the City of Swainsboro is hereby authorized to assess the cost of such sidewalk improvement against the property abutting thereon and the owners thereof, in proportion to the property frontage upon such improved sidewalk; and the said City Council of the City of Swainsboro is hereby given the further authority to survey, grade, drain, curb, pave, macadamize, or otherwise improve such portions of the streets, lanes, alleys, or other public ways of said City, as and when, in their discretion, the same shall be for the best interest of the citizens of said City; and the City Council of the City of Swainsboro is hereby given authority to assess two thirds of the total costs of the same against abutting property, and the owners thereof, in proportion to frontage thereon one third of such total expense to be allocated to the property, and the owners thereof, on each side of such street, lane, alley, or public way so improved, and the cost of all curbing shall be construed to be a part of such street-paving cost; with the provision that no part of the cost of paving, macadamizing, or otherwise improving the intersection of public streets, where the same completely cross one another, shall be assessed directly against abutting or vicinity property owners, or such property, but such cost shall be charged against the City, with the right to have credit on the total cost of such intersection improvements to the full extent of any highway or road paving done at such centers; provided further, that where any of the public roads of the County of Emanuel, extending into or through the City of Swainsboro, shall be paved by

Page 203

said County, or by the State Highway Department of Georgia, either with or without Federal aid, the City Council of the City of Swainsboro shall have the right to credit one of its one third of the total cost of paving, and otherwise improving streets, lanes, alleys, or public ways within said City, which shall be so paved or otherwise improved by the City Council of the City of Swainsboro, in the proportion that such road paving done within those portions of such streets, lanes, alleys, or public ways shall bear to the whole cost of improvements made in contemplation of this Act, including road paving, excepting street-crossing intersections; and should the costs of such road paving, within the city-paved portions of such streets, alleys, lanes, or public ways, amount to more than one third of the total cost of both road and city paving and improving within the city-paved portions of the same, the overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage abutting on such improved streets, lanes, alleys, or public ways, one half of such overplus to be allocated to each side of such street, alley, lane, or public way so improved, but no street-abutting property, or the owners thereof, shall have any credit for any portion of the total cost of road paving done at the intersection of crossing streets, lanes, alleys, or public ways; and the City Council of the City of Swainsboro shall have the right to enforce all assessments made in pursuance of and under the terms and conditions of this Act, against abutting property, and the owners thereof, for sidewalk and street, alley, lane, or public way improvement, hereinbefore provided for, by attachment, execution, or any other manner authorized by law, including levy and sale, and the right of the City authorities to purchase at its own sale, as under tax sales, after such assessment shall have been published in one issue of the newspaper in which the Sheriff's and Ordinary's notices are published, and after written notice shall have been served upon owners of such abutting property, of the date, amount, purpose, and maturity of such assessments, for as much

Page 204

as thirty days before same are payable, such notices to be in the name of the City Council of the City of Swainsboro, signed by its Clerk, served by the City Marshal, or some one else if designated by the said the City Council of the City of Swainsboro so to do, which notice shall be served upon lot owners of such abutting property, in person or by leaving same at their most notorious place of abode, if within said City of Swainsboro; and in case where property abutting on streets, alleys, lanes, or public ways so improved is owned by non-residents of either the City of Swainsboro or the State of Georgia, or persons whose whereabouts is unknown, or whose domicile or place of residence is not known to be within the City of Swainsboro, but some person is found to be in actual possession of such abutting property, then notice may be perfected by serving same upon the one in such actual possession, by handing same to him in person; in all other circumstances, such notice shall be perfected by posting same upon such abutting property for at least thirty days before assessments shall be payable; and all such assessments shall have and carry the same lien and prioroties as taxes payable to said City, to date from the date of the ordinance providing for and making such assessments. In making any of the improvements authorized in this Act, the City Council of the City of Swainsboro is authorized to have same done by contract, or in any other manner it shall deem to be for the best interest of said City; and in making assessments as provided for in this Act, it shall not be precluded from making a subsequent assessment, if the first assessment so made is based upon an estimate that is found to be too low to do the work; but is expressly authorized to make such subsequent assessment, if same is found to be necessary; and in making any assessment provided for herein, if same should be for a larger amount than is found to be necessary to do the improvement undertaken, the amount collected on such assessment shall be only so much as is needed for the improvement; and if more should be collected than needed, same shall be returned to those from who it

Page 205

was collected, ratably, and in proportion to frontage of property assessed, abutting on such improved streets, sidewalks, alleys, lanes, or public ways. Provided further that assessments levied said abutting property and the owners thereof, in accordance with the apportionments herein provided for, shall be paid in not more than ten equal annual installments, and shall bear interest at a rate not to exceed eight per cent. per annum until paid. Street-improvement assessments. Powers conferred. Sec. 5. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the City Council of the City of Swainsboro be and the same is hereby authorized to co-operate with the proper authorities of the County of Emanuel, and of the State Highway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or otherwise improving sidewalks, streets, lanes, alleys, or other public ways of said City adjacent; and as touching streets, alleys, lanes, or public ways within said City, any portion or the whole of which may be paved, or otherwise improved, by the said authority of the County of Emanuel, or of the said State Highway Department of Georgia; provided, that nothing in this paragraph shall in any way abridge or limit the City Council of the City of Swainsboro in making and enforcing the assessments hereinbefore provided for, against public-owned property, where same abuts on sidewalks, streets, lanes, alleys, or ways of said City so paved, or otherwise improved. Co-operation with State Highway Department. Powers not limited. Sec. 6. 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 27, 1926.

Page 206

UNION CITY STREET IMPROVEMENTS. No. 4, FIRST SESSION. An Act to amend an Act approved August 17, 1908, entitled An Act to incorporate Union City in the County of Campbell, State of Georgia, as amended on August 7, 1925, so as to authorize and empower the Mayor and Council of said City of Union City to pave or hard-surface the streets and sidewalks of Union City, and to issue bonds for that purpose, and to assess, with consent of a majority of the property owners affected, one half of the cost thereof, and to issue executions against said property owners for their assessments, and to enforce the collection thereof, and for other purposes. 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, from and after the passage of this Act, the Act of the General Assembly approved August 17, 1908, entitled An Act to incorporate Union City in the County of Campbell, State of Georgia, as amended on August 7, 1925, be and the same is hereby amended by adding after Section 23 in said act a new section to be numbered 23-A, to read as follows: Section 23-A. Be it further enacted, that the City Council shall have full power and authority by and through ordinance to require and provide for the paving of streets, sidewalks, lanes, and alleys of said city, and to prescribe the material to be used and the character of such pavement, and prescribe the method of payment thereof; and to this end said City of Union City is authorized and empowered to apportion the cost of said paving in such manner as may seem equitable and just and in such amount as may seem equitable and just to the Mayor and Council, between said City and the abutting property owners on each side of said streets, sidewalks, lanes, or alleys or said City, provided that in no instance

Page 207

shall the amount apportioned against the abutting property owner be more than one-half of the total cost of such paving; and provided further that such owners shall not be apportioned as herein provided, on any street, sidewalk, lane, or alley, ness the majority of the owners of the property abutting said street, sidewalk, lane, or alley shall first consent to said paving in writing. Such apportionment or amount of such pavement or paving herein provided for as may be assessed against the abutting property owners may be collected by the issuance of executions in the same manner as taxes are collected; and said executions may be levied on any of the property of said abutting property owners after serving notice to said property owner as the Mayor and Council may prescribe. The Mayor and Council shall have the right to issue bonds in accordance with the Constitution and general laws of force in this State, for the purpose of paying the City's pro rata part of such pavement of paving. Act of 1908 amended. New sec. 23A. Powers as to paving and assessments. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1926. VIDALIA SCHOOL TAX. No. 26, SECOND SESSION. An Act to amend an Act entitled An Act to provide for a system of Public Schools for the City of Vidalia, in Toombs County; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct the same, and for other purposes, approved August 20th., 1906, as amended by Acts approved August 8th, 1908, August 16th, 1920,

Page 208

and August 17th, 1925, by striking out the entire section 2 of the Amendatory Act approved August 17th, 1925, and for other purposes. 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 from and after the passage of this Act, that the Amendatory Act approved August 17th, 1925, be, and the same is hereby amended by striking out the entire Section 2 of said Amendatory Act, approved August 17th, 1925. Act of 1925 amended. Sec. 2. stricken. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 10, 1926. WADLEY STREET IMPROVEMENTS. No. 14, SECOND SESSION. An Act to amend the Charter of the City of Wadley, Jefferson County, Georgia, as approved August 14th, 1909, and the subsequent amendments thereto, so as to authorize and empower said City of Wadley, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portions thereof, within the corporate limits of said city and to assess the costs of making such improvemetns in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds to be known as Street

Page 209

Improvement Bonds to be negotiated by the city, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, 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 of Wadley's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Wadley as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of the State of Georgia, approved August 14th, 1909, consolidating and amending the several Acts incorporating the City of Wadley, Jefferson County, Georgia, and the Acts amendatory thereof, be and the same is hereby amended by adding thereto the following provisions, to wit: The aforesaid City of Wadley, Jefferson County, Georgia, through its legally constituted authorities, is hereby authorized and empowered to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, roads, lanes, alleys, streets, public squares or other public places or highways, or any portion thereof, within the corporate limits of said city, and to assess the cost of such improvements in whole or in part, against the abutting property owners, and of the owners thereof benefited, and by suitable ordinance of the aforesaid authorities to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor, and to provide for the issuance of bonds to be known as street improvements bonds, which may be negotiated, sold, or otherwise

Page 210

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.

Page 211

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 appraisement, 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 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 property-owner or other party interested in such report. The time fixed for said hearing shall not be less than seven 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 by the said Board, or as corrected by said Mayor and Council. Board of appraisers. Report. Objections. Publication of notice. Time for hearing. Review. 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 land abutting on said improvement, in accordance with 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 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 Council

Page 212

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. Resolution. Levy of assessment. Payments. Installments. Interest. Notes. Liens. Estoppel. 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. Special lien. Sec. 5. Be it enacted by the authority aforesaid, that any time after the date of the passage of the or-ordinance 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

Page 213

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 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 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 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 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 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

Page 214

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. Bond issue. Non-liability of city. Payment of bonds. Interest rate. Signature and seal. Disposal. Registry. 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. Payment of assessments. Account of collections. 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 thereunder conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in

Page 215

the purchaser absolute title to the property sold, subject to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy, any abutting property owner shall have the right to file an affidavit of illegality, returnable to the Superior Court of Jefferson County, and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and if any part of said exeuction is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the Superior Court of Jefferson County, when said affidavit is filed the same shall be tried and determined as in other cases of illegality, subject to all penalties provided by law in cases where such proceedings are filed for delay only, and said affiant shall be required to give bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu thereof may file an affidavit in forma pauperis as provided in claim cases. Execution. Levy and sale. Title. Affidavit of illegality. Return for trial. Pauper affidavit. Sec. 8. Be it further enacted by the authority aforesaid, that said Mayor and Council in its discretion may assess the whole or any part of the expense of constructing sidewalks, footwalks, curbing, drains, and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the cost of all materials used in making such street improvements against the property abutting on such thoroughfares, streets, or highways receiving such benefits, which shall be against the property and the owners thereof according to its frontage as is provided in this Act, and the cost of making such other street improvements as are authorized under this Act shall be appropriated and assessed as follows: Not exceeding two thirds (2-3) of the cost and expenses of improvements made in pursuance of

Page 216

this Act shall be assessed against the abutting property and its owners on the two sides of the street or other public thoroughfares paved, macadamized, or otherwise improved according to its front footing and in connection with the other provisions of this Act prescribing the manner in which said apportionment and assessments are to be made, and the balance or residue of such expenses and cost shall be chargable to and borne by the City of Wadley, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Jefferson County, for the use and benefit of the public streets in the City of Wadley, by the State or Federal Government, or by the State and Federal Government or either State or Federal public road funds, or both, and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax, by the issuance of bonds, or by State or Federal road funds allotted to the City of Wadley under the laws of this State. The Mayor and Council of the City of Wadley, Georgia, are hereby authorized to fix the assessments to be paid by the abutting land owners on any street, or on any block in said City which is to be paved, at any fractional part of the cost of said improvement not to exceed the said two thirds thereof, and for that purpose they are to take into consideration the location of the property, the improvements thereon and the value thereof, and the nearness or remoteness of such street or block from the business or residential section of said City, the presence or absence of parks or boulevards, the width of the street or any factor in the discretion of the Mayor and Council, and may use in their discretion any basis for fixing the proportion to be paid by the abutting land owners, but in no event shall such apportionment exceed said two thirds as hereinabove provided for. Assessment of cost. Tax ad valorem. Assessments, how fixed.

Page 217

Sec. 9. Be it further enacted by the authority aforesaid that when the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed for the purpose of this Act as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Jefferson County lying within the corporate limits of said City and abutting any street or highway thereof 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, and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Railroads. Sec. 10. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Wadley is authorized and empowered to enact such ordinance and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment, and collection of all costs and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date or dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments. Ordinance and resolutions. Sec. 11. Be it enacted by the authority aforesaid, that the City of Wadley is authorized and empowered to make all the improvements provided for in this Act,

Page 218

independent of or in connection with the authorities of Jefferson County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, as is now provided by the Acts of the General Assembly of Georgia, approved August 14, 1909, upon such terms as may be fixed by said State Highway Department, not inconsistent with this Act, and make all contracts necessary in connection therewith. Co-operation with County or State. Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Wadley shall have full and complete control of the streets, alleys, sidewalks, and squares of said city, and shall have power and authority to open, lay out, widen, straighten, or otherwise change all streets, sidewalks, alleys, and squares in said City of Wadley. Whenever the said Mayor and City Council of the City of Wadley shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damage, the said Mayor and City Council of Wadley shall choose one appraiser and the owners of the land to be taken or damaged shall choose another appraiser and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner of the property caused by the opening or changing of such street, alley, or square; and if the property owner after five days' notice shall fail to name an appraiser, the Clerk shall appoint one for him; and in every case where the two appraisers chosen shall, for the space of five days fail to agree upon the third appraiser, the said Clerk shall appoint such appraiser; Provided, the said appraisers, shall be citizens of said city. The award of the appraisers, shall be in writing, and shall be filed within five days in the Clerk's office of the Superior Court of Jefferson County, and shall thereupon operate as a judgment and execution may issue thereon. Either party may, within ten days

Page 219

from the filing of the award, enter an appeal to the Superior Court of Jefferson County. All costs, including the fees of the appraisers, shall be paid by the City; and at any stage of the proceedings to condemn, before or after the final award, the Mayor d Council of the City of Wadley, may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk, or square. Control of streets. Appraisement of property taken or amount of damage. Award. Appeal. Sec. 13. Be it further enacted by the authority aforesaid, that when any property of Jefferson County abuts upon any sidewalk in said City, the City of Wadley shall have power and authority to pave, curb, remove or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said City of Wadley, said city shall have power and authority to assess against said Jefferson County its proportionate part of the cost of such grading, paving, or improving, according to frontage; and the method of collection, in case of refusal to pay, shall be by suit against the County Commissioners of Jefferson County in some court of competent jurisdiction. County liable to assessment. Sec. 14. 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 Mayor and Council from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity therof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council

Page 220

may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment. Limitation of action. Sec. 15. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 2, 1926. WARSAW AD VALOREM TAX. No. 39, SECOND SESSION. An Act to amend the Act of the General Assembly of Georgia, approved July 21, 1921, to be found in Georgia Laws 1921, pages 1122 to 1145, and entitled An Act to amend, revise and consolidate the several Acts relating to and incorporating the Town of Warsaw in Chatham County, to change the name of said town to the Town of Thunderbolt, to confer additional powers upon the officers of said town, to define and extend its corporate limits, provide for the election of officers and for the qualification of electors, and for other purposes, so as to authorize an additional ad valorem tax for the purpose of paying interest and principal retirements on bonds issued for paving and improving the streets, roads and highways of said town or any part thereof, and for other purposes. Section 1. 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, Section 19 of the Acts of the General Assembly of Georgia, approved July 21, 1921, and to be found in Georgia Laws, pages 1122 to 1145, and having the caption stated in the caption hereof, be, and the same is hereby amended

Page 221

by adding to said Section 19, a sub-paragraph to be known as 19 A, as follows: 19-A. Provided However, that the said Mayor and Aldermen may levy such additional ad valorem tax, in excess of five (5) mills, as may be necessary to pay the interest and principal retirements of any duly authorized bonds, issued for the purpose of paving and improving the streets, roads and highways of the said town, or any part thereof. Act of 1921 amended. Sec. 19A added. Additional tax nd valorem, to retire bonds. Sec. 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved April 17, 1926.

Page 223

PART III.RESOLUTIONS.

Page 225

PART III.RESOLUTIONS. RESOLUTIONS. ACTS. Acceptance of Eighty-Second Division Memorial. Binding of Acts of Extraordinary Session. General Assembly Officers Authorized to Remain. Payment of Past-Due Pensions. Printing Fund Deficiency. Relief of Charlie Sharp as Surety. Relief of Tucker et al. as Sureties. Statesboro Normal School; Authority to Borrow. ACCEPTANCE OF EIGHTY-SECOND DIVISION MEMORIAL. No. 1, SECOND SESSION. Resolved by the House, the Senate concurring, that the Governor is authorized: First, to accept in the name of Georgia a stone to be proffered by the Eighty-Second Division Association for a memorial to the members of the Division who participated in the taking of Cornay, France, during the World War; Governor authorized. Second, to give this stone to the commune of Cornay, France, in the name of Georgia for memorial purposes; and

Page 226

Third, to take such steps as he may deem necessary, without affecting the State Treasury, to have the stone transported to Cornay, France, for erecting in the public square as a memorial. Approved April 8, 1926. BINDING OF ACTS OF EXTRAORDINARY SESSION. No. 7, SECOND SESSION. Resolved by the House, the Senate concurring, that a copy of the Acts of the Extraordinary Sessions of the General Assembly, convened in the year 1926, be bound with the House Journals and the Senate Journals of the aforesaid Extraordinary Sessions of 1926, and that only three thousand, five hundred copies of the Acts be separately bound. Binding of Acts with Journals. Copies separately bound. Approved April 17, 1926. GENERAL ASSEMBLY OFFICERS AUTHORIZED TO REMAIN. No. 2, SECOND SESSION. Resolved by the House of Representatives, the Senate concurring, that the Speaker of the House of Representatives and his Secretary and the President of the Senate and his Secretary, the Clerk of the House of Representatives, and the Secretary of the Senate be and are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment; and that they be allowed their per diem for said time. Officers designated to remain at Capitol, for unfinished business.

Page 227

Resolved, that the Chairman, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the Senate enrollment Committees and seven members of the House of the Enrollment Committee to be designated by the Chairman thereof, and two members of the House Auditing Committee, and two members of the Senate Auditing Committee to be designated by the Chairman thereof, and the Chairman of the House Engrossing Committee and five members of the House Committee to be designated by the Chairman thereof, and the Chairman and two members of the Senate Engrossing Committee to be designated by the Chairman thereof, be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Chairmen and committees. Resolved, that the Postmistress of the House be and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of distributing and forwarding member's mail, and that she be allowed her per diem for said time. Employees. Resolved further, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, and they be allowed their per diem for said time. Approved April 10, 1926. PAYMENT OF PAST-DUE PENSIONS. No. 8, SECOND SESSION. Whereas, the House adjourned yesterday before reaching House Bill No. 34, a bill to provide for the payment

Page 228

of past-due pensions of Confederate veterans who died since August 26, 1925, therefore making its passage impossible; and whereas a majority of the members of the assembly are in favor of its provisions: Preamble Therefore be it resolved, that if this debt can be paid under the provisions of the pensions laws of this State, the Governor is requested to pay such past-due pensioners. Payment of past-due pensions. Approved April 17, 1926. PRINTING FUND DEFICIENCY No. 6, SECOND SESSION. A Resolution to make appropriations to meet deficiency in the General Printing Fund for the year of 1926, and to make same immediately available. Whereas the General Assembly reduced the appropriation for public printing from forty thousand ($40,000.00) dollars to thirty thousand ($30,000.00) dollars for the year 1926; and whereas this fund has now been reduced to two thousand five hundred ($2,500.00) dollars; and whereas the Acts of the extraordinary session will have to be printed, and much extra expense for printing incurred: Preamble. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the sum of fifteen thousand ($15,000.00) dollars be and the same is hereby appropriated for payment of public printing authorized by law for the year 1926, said sum to be immediately available. $15,000 available immediately. Resolved further, that the Governor be and he is hereby authorized to draw his warrants upon the Treasury, not

Page 229

in excess of the above amount, to pay for public printing authorized by law. Warrants. Be it further resolved, that all laws or parts of laws in conflict with this resolution be and the same are hereby repealed. Approved April 17, 1926. RELIEF OF CHARLIE SHARPE AS SURETY No. 1, FIRST SESSION. Whereas, Charlie Sharpe did at the November term 1924, of the Superior Court of Montgomery County, Georgia, become bail for the appearance of Arthur Sharpe to answer final judgment on a motion for new trial pending in the Superior Court of said county, based on a conviction of said Arthur Sharpe for a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said Arthur Sharpe at the time specified in said bond to answer the final judgment of the Court in said motion for new trial, which was denied; and whereas, a rule absolute was entered and execution issued thereon for the principal sum of one thousand (1,000.00) dollars, and cost; and whereas, said Arthur Sharpe was afterwards recaptured by said Charlie Sharpe, at his own expense and without expense to the Sheriff or other County authorities, brought up and turned over to the Sheriff of said County, and incarcerated in the jail of said county and by said Sheriff turned over to the County Warden and placed at work in the county chaingang of said county. Preamble. Relief from bond payment Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said Charlie Sharpe, as surety as aforesaid, be relieved of paying said bond of one thousand ($1000.00) dollars, and that the Clerk of the Superior Court of Montgomery County is hereby authorized

Page 230

and instructed to enter the execution on said rule absolute canceled and satisfied of record, Provided, that said bondsman shall not be relieved of the payment of the cost on the bond forfeiture. Proviso. Approved March 11, 1926. RELIEF OF TUCKER ET AL. AS SURETIES No. 4, SECOND SESSION. Whereas R. C. Tucker, T. J. Tucker, J. F. Godfrey, and A. B. Gordon did, at the March term, 1925, of the Superior Court of Hancock County, Georgia, become bail for the appearance of R. R. Tucker to stand trial for a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said R. R. Tucker at the time specified in said bond, and whereas a rule absolute was entered and execution issued thereon for the principal sum of three hundred dollars and cost; and whereas the said R. R. Tucker subsequently came into court, without any expense to the county authorities, and paid all the costs of said bond forfeiture; and whereas, the said Court permitted R. R. Tucker to execute another bond: Preamble. Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said R. R. Tucker as principal, and the said R. C. Tucker, T. J. Tucker, J. F. Godfrey, and A. B. Gordon, securities, as aforesaid, be relieved by paying the execution based upon the bond aforesaid, and that the Clerk of the Superior Court of Hancock County is hereby authorized and instructed to enter up a cancellation and satisfaction on said execution. Relief from payment of execution. Approved April 10, 1926.

Page 231

STATESBORO NORMAL SCHOOL; AUTHORITY TO BORROW. No. 5, SECOND SESSION. Resolved by the House of Representatives, the Senate concurring, that the Board of Trustees of the Georgia Normal School, located at Statesboro, Georgia, be authorized to borrow money for the needs of said school. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the Board of Trustees of the Georgia Normal School, created under an Act approved August 18, 1906, and amended to its present charter August 18, 1924, are hereby fully authorized and empowered to borrow money for the use and needs of said school a sum of money not in excess of forty-five thousand ($45,000.00) dollars. This sum of money is to be secured by a mortgage or a deed with the power of sale to secure debt on the lands and property of said school. The customary executive officers of said Board of Trustees are empowered to execute the above-mentioned conveyances, and to receive the money for the Board of Trustees of said school. Amount authorized. Security. Approved April 13, 1926.

Page 233

INDEX A ACWORTH, CITY OF Paving and sewerage; amending act 63 ACTS OF EXTRAORDINARY SESSION Resolution as to binding of 226 ADEL, CITY OF Street improvements; amending act 65 AGENTS See Insurance Agents. AMENDMENTS See Constitutional Amendments. AMERICUS NORMAL SCHOOL Establishment of, etc. 34 APPLING COUNTY Amending act as to commissioners, etc. 59 APPROPRIATIONS Acts tabulated 7 Extra, to common-school fund, authorized 49 Printing-fund deficiency 228 Veteran's Service Bureau 56 ASSISTANT COMMISSIONER OF COMMERCE Appropriation to pay increased salary 10 B BACONTON Street improvements; school system 72 BAINBRIDGE, CITY OF Street improvements, authority as to 77 BAXLEY, CITY OF Street improvements; amending act 88 BILLS OF SALE Crops, priority of lien on 44 BONDS ISSUES Chatham County, for roads 22 Lowndes County and Valdosta, for college 25 McIntosh County, for increasing debt 28 Municipal, for street paving, etc. 63 et seq. State, to pay teachers 31

Page 234

BORROWING OF MONEY Authority to trustees of school districts 38 Statesboro Normal School authorized 231 C CHATHAM COUNTY Public road bond issue 22 CIGARS AND CIGARETTES Taxing law amended 12 CITIES AND TOWNS Acts relating to 62 COMMERCE, CITY OF Registration of voters; amending act 98 CONSTITUTIONAL AMENDMENTS Proposals tabulated 20 CORPORATIONS Domestication of foreign; amending act 46 Municipalities 63 Non-par stock; amending act 48 COUNTIES Appling commissioners; amending act 59 Chatham public road bonds 22 Lamar tax-collector and receiver 60 Lowndes bond issue for college 25 McIntosh bonded debt increase 28 CROPS Bills of sale; priority of lien 44 D DISCOUNT OF W. A. RENTALS For pension payments 51 , 52 DOMESTICATION OF FOREIGN CORPORATIONS Amending law 46 E EIGHTY-SECOND DIVISION MEMORIAL Acceptance and disposal of 225 ESTATES Taxing law amended 15

Page 235

EXPENSES OF EXTRAORDINARY SESSION Appropriation of money to pay 8 F FEES Ordinaries', for pension service 49 FISCAL YEAR School year from July 1 42 G GAINESVILLE, CITY OF Industrial and Publicity Board 101 GENERAL ASSEMBLY Extraordinary session, expenses of 8 School appropriation required of 49 Unfinished business, authority as to 226 GODFREY, J. F. Relieved as surety on bond 230 GORDON, A. B. Relieved as surety on bond 230 H HARTWELL, CITY OF Street improvements; amending act 104 HOMERVILLE Registration of voters; amending act 114 I INHERITANCES Taxing law amended 15 INSURANCE AGENTS Occupation tax on 18 J JACKSON, CITY OF Street improvements, authority for 116

Page 236

L LAMAR COUNTY Tax-collector and receiver; amending act 60 LICENSES Insurance agents; occupation tax 18 LIENS Bills of sale on crops 44 LOWNDES COUNTY Bond issue for college proposed 25 LOUISVILLE, CITY OF Street improvements; amending act 125 M MARIETTA, CITY OF Business-license tax; amending act 132 Public-school tax; amending act 134 McINTOSH COUNTY Bonded debt, proposal to increase 28 McRAE, CITY OF Street improvements; amending act 137 MERGER OF SCHOOL SYSTEMS Authority for 40 MILLEDGEVILLE, CITY OF Street improvements; amending act 138 MILLEN, CITY OF Street improvements; amending act 140 , 143 MOULTRIE, CITY OF Street improvements; amending act 146 MUNICIPAL CORPORATIONS Acts tabulated 62 N NASHVILLE, CITY OF Street improvements; amending act 160 NON-PAR STOCK Amending law as to 48 NORMAL SCHOOLS Americus school established 34 Statesboro Normal School; authority to borrow 231

Page 237

O ORDINARIES Fees for pension services 49 P PENSIONS Fees to ordinaries serving 49 Past-due; resolution for paying 227 Payments, discount of rentals to meet 51 , 52 PERRY, CITY OF Street improvements; amending act 173 PRINTING FUND Appropriation for deficiency 228 Q QUITMAN, CITY OF Street improvements, authority as to 185 R RECORDS OF VITAL STATISTICS Proposal to authorize tax for 30 RELIEF OF SURETIES Resolutions for 229 , 230 RESOLUTIONS OF GENERAL ASSEMBLY 225 ROADS AND STREETS Chatham County bond issue for roads 22 Municipal improvements, assessments, etc. 62 et seq. State highway system, proposed tax for 33 S SALARIES AND COMPENSATION Appropriations of money to pay 8 , 10 SAVANNAH, CITY OF Closing of President Street 197 SCHOOLS Americus Normal School established 34 Appropriation for Twelfth District School 11 Borrowing by local districts 38 Borrowing by Statesboro Normal School 231

Page 238

SCHOOLS (Continued) Extra appropriation to common schools 39 Fiscal year changed 42 Lowndes County and Valdosta College 25 Merger of independent systems 40 Statesboro Normal School 231 Tax additional, in certain county 20 Tax exemption 18 Teachers, proposal for bond debt to pay 31 SHARPE, CHARLIE Relieved as surety on bond 229 STATE BOND INCREASE Proposal for, to pay teachers 31 STATE HIGHWAY SYSTEM Constitutional amendment proposed 33 STATESBORO NORMAL SCHOOL Authority to borrow $45,000 231 STREETS See Roads and Streets. SURETIES RELIEVED 229 , 230 SWAINSBORO, CITY OF School properties; street improvements 198 T TAXATION AND TAXES Cigars and Cigarettes; amending law 12 Estates and inheritances; amending law 15 Exemption of school property 17 Insurance agents; occupation tax 18 Schools, additional tax for 20 State highway system; proposed 33 TEACHERS State bond debt to pay, proposed 31 TUCKER, R. C., T. J. Relieved as sureties on bond 230 TWELFTH DISTRICT A. M. SCHOOL Appropriation to replace burned building 11

Page 239

U UNFINISHED BUSINESS OF ASSEMBLY Resolution as to disposal of 226 UNION CITY Street improvements, powers as to 206 UNIVERSITY OF GEORGIA Americus Normal School as branch 34 V VETERANS' SERVICE BUREAU Amendment of law creating 53 Appropriations of money for 56 VIDALIA, CITY OF Public schools; amending act 207 VITAL STATISTICS County tax for, proposed 30 W WADLEY, CITY OF Street improvements; amending act 208 WARSAW, TOWN OF Tax to retire bonds 220 WESTERN ATLANTIC RAILROAD Discount of rentals, for pensions 51 , 52