After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners of a majority of the frontage of the land to be assessed, if the petition is found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed or that a petition was filed, as the case may be, and expressing the determination of the governing body to proceed with the improvement. The resolution shall state the kind of improvement, define the extent and character of the same, and specify such other matters as may be necessary to instruct the engineer employed by the municipal corporation in the performance of his or her duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the governing body deems proper to impose with reference to the letting of the contract and the provisions thereof. The governing body, by such resolution, shall provide that the contractor shall execute to the municipal corporation a good and sufficient bond, as provided in Part 3 of Article 3 of Chapter 91 of this title, and may also require a bond in an amount to be stated in the resolution for the maintenance of the good condition of the improvements for a period of not less than five years from the time of completion, in the discretion of the governing body. The resolution shall also direct the clerk of the municipal corporation to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements.
History. Ga. L. 1927, p. 321, § 7; Code 1933, § 69-407; Ga. L. 1952, p. 310, § 1; Ga. L. 2000, p. 498, § 3; Ga. L. 2001, p. 820, § 11.
Structure Georgia Code
Chapter 39 - Street Improvements
§ 36-39-2. Adoption of Chapter; Election; Effect of Adoption of Chapter Generally
§ 36-39-5. Improvements When County Owns Abutting Property
§ 36-39-6. Paving by Railroad Having Tracks in Street
§ 36-39-10. Publication and Contents of Notice of Contract Proposals
§ 36-39-11. Examination of Bids and Award of Contract; Readvertisement for Bids
§ 36-39-12. Appointment of Board of Appraisers to Appraise and Apportion Cost
§ 36-39-13. Filing of Board of Appraisers’ Report
§ 36-39-15. Time and Manner of Payment of Assessments Generally
§ 36-39-16. Payment of Assessment in Installments
§ 36-39-17. Assessments Where Portion of Costs Paid by Municipal Corporation
§ 36-39-18. Additional Assessments
§ 36-39-20. Lien for Assessment and Interest
§ 36-39-21. Execution, Levy, and Sale on Unpaid Assessments or Interest Generally
§ 36-39-22. Affidavit Contesting Amount of Execution; Trial by Superior Court; Penalties for Delay
§ 36-39-23. Collection and Use of Assessments Generally; Special Fund; Treasurer’s Bond
§ 36-39-24. Limitation Period for Contesting or Enjoining Assessments
§ 36-39-25. Issuance of Bonds; Payment; Interest; Terms; Form
§ 36-39-26. Sale of Bonds; Delivery to Contractors
§ 36-39-27. Disposition of Proceeds From Bonds Remaining After Payment
§ 36-39-28. Petition for Validation of Ordinance Establishing Assessments; Time; Contents
§ 36-39-29. Order to Show Cause on Petition; Time and Notice of Hearing
§ 36-39-30. Conduct of Hearing; Issuance of Order by Court
§ 36-39-31. Appeal From Judgment of Court
§ 36-39-32. Conclusiveness of Superior Court’s Final Judgment
§ 36-39-33. Entry of Reference to Judgment on Bonds Following Validation; Use of Entry as Evidence