Section 99-12 ARTICLE XII. STREET IMPROVEMENTS

Prior to the adoption of 99-12 on 08/24/2001, Section 99-12 read as follows.

ARTICLE XII. STREET IMPROVEMENTS

Section 12.1. Power and discretion of City Council.

It is expressly intended by this article to confer upon the City Council the power to order the paving, re-paving or improvement of any streets, avenues, lanes, public alleys or other public places in the city, including, but not limited to, curbing, guttering and draining the same, installing sidewalks, manholes, catch basins and  necessary drainage pipes, whenever in the judgment and discretion of the City  Council it may be necessary for the public good, and whenever the City Council deems that it has or will have enough revenue to so order, including without limitation certain revenues from a Special Purpose Local Option Sales Tax  (SPLOST), assistance from the Georgia Department of Transportation, along with assessments of a fixed dollar amount per linear front foot against the abutting property owners.  In addition to assessment against the property owner(s), the city and the Georgia Department of Transportation may divide the balance the costs of the street improvements, with the city’s utilizing SPLOST revenues.  The City  Council then shall have the power to enact all ordinances and to establish all rules  and regulations as may be necessary to require the owners of all abutting property  subject to assessment to pay the costs of such improvements by per linear front foot assessment, and shall have the power to cause to be 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, public alleys or other public places where public improvements are to be made.  All costs and expenses for making water, gas or sewer connections shall be taxed against abutting property and shall be included  in the general assessment to cover the cost of connection, in addition to the basis of  linear foot frontage.

    Section 12.2. Authority for public necessity paving; written protests.

On and after September 24, 2001, the City Council shall prioritize those streets, avenues, lanes,  public alleys or other public places that need public improvements (initial paving and other related  improvements), and the City Council shall declare, by resolution such public improvements to be necessary according to the priority list.  In the event the City Council declares by resolution  such  public improvements to be necessary, the resolution shall be published in ten (10) consecutive issues of a daily newspaper published and having a general circulation within the city.  If the owners of a super majority (deemed to be at least 75%) of the linear foot frontage to be improved,  who are to be liable for an assessment to pay a portion of such public improvements, do not,  within fifteen (15) days after the last publication of the resolution, file with the City Clerk their written protest against the proposed public improvements, then the City Council shall have power to  cause the improvements to be made and to contract for the improvements, and to levy assessments, and liens, if necessary, as provided for in Section 12.1. Any number of streets, avenues, alleys, lanes and other public places or parts thereof to be improved may be included in  one(1) resolution, but a separate written protest must be made for each street, avenue, alley, lane  or  other public place or part thereof.

In the event of a timely filed written protest by the owners of a super majority of the linear foot frontage to be improved, the following procedures shall take place: The City Council shall appoint  a time for the holding of a session or shall designate a regular meeting of its body for the hearing  of  any timely filed written protest or objection that may be made by any interested person concerning the City Council’s declaration of necessity for public improvement.   Notice of such  session or regular meeting for the hearing shall be published by the City Clerk once a week for two (2) weeks  in a newspaper having a general circulation in the city.  The time fixed for the hearing shall be not less than five (5) nor more than ten (10) days from the date of the last publication of the notice.  At the session or regular meeting for the hearing, the City Council shall have the power and duty to review and correct any part or all of its declaration of necessity for public improvements, to hear  objections to the same, and to confirm the declaration of necessity either as originally made by the  City Council or as corrected by the City Council.  The City Council, by ordinance, shall fix the  assessment, as confirmed, against the several tracts of land liable for the assessment.  If any  timely  filed written protest is upheld by the City Council, and any portion of the public improvements previously declared as necessary by the City Council are deemed by the City Council not to be  necessary, and the assessment for such improvements is thereby voided and made of no further  force or effect, then the abutting landowners along the unimproved street, avenue, alley, lane or  other public place shall be assessed a maintenance fee by the city to cover the cost to the city related to maintaining the unpaved or otherwise unimproved street, avenue, alley, lane or other  public place.  The maintenance fee may be revised by the city from time to time at its discretion in accordance with the changes in its costs of maintaining the unimproved public place.

Section 12.3. [Reserved]

Section 12.4.  Assessment of abutting real estate, creation of lien, payment.

After passage of a resolution providing for the public improvements set forth in Sections 12.1 and  12.2, above, all property owners whose property abuts the subject street, avenue, alley, lane or  other public place, on any side or boundary thereof, shall be assessed a fixed dollar amount set by  the City Council for each paving project, which amount will be based upon the linear foot frontage of each respective property owner.  After written notice of the City Council’s declaration of necessity as to such public improvements provided for above, and if no written protest is timely  filed with the City Clerk, it shall be conclusively presumed that all abutting property owners have  accepted the terms of the resolution and have agreed to the assessment. Upon such acceptance and agreement, it shall be the duty of the City Council to cause such public improvements to be made  in accordance with the plans and specifications prepared for such improvements.

The city and the Georgia Department of Transportation will pay the difference between the cost of  any such improvement project and the assessments to be paid by the subject abutting property  owners.

Upon the completion of the public improvements contemplated in Sections 12.1 and  12.2, the assessing ordinance shall assert lien rights in favor of the city.  If any abutting property owner  fails to pay any assessment when due, the City Council shall have the authority to collect the same as  authorized by law, including, without limitation, the interest accruing at the legal rate on any such assessment and the expenses of collection, which assessment, interest and expenses of collection  are declared to be a lien against the lots and tracts of land so assessed, from the date of the ordinance approving and 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.  Such liens shall continue until the assessment and the interest thereon are fully paid and shall be enforced in the same manner as are liens for city taxes.

It shall be the duty of the city treasurer, within fifteen (15) days after the date of the maturity of any assessment or interest thereon, to issue an execution against the lot or tract of land assessed  for the improvement or against the party or person owning the same for the amount of the assessment or interest.  The treasurer shall turn over the execution to the marshal or chief of police of  the city, who shall levy upon the abutting real estate liable for the assessment and previously assessed for  the improvements.  After advertisement and other proceedings, as in case of sales for city taxes, the  real estate shall be sold at public auction to the highest bidder.  Such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid assessments with interest and also  subject to the right of redemption as provided by applicable law.