Upon a proposal being made to such county authority by an interested land owner to
lay or construct any of the improvements aforesaid by assessing the cost in any of
the ways set forth in [section 50-39], such county authority shall first determine
by majority vote of the members thereof whether to refer such proposal to the public
works department of said county. If such proposal be not referred in this manner to
the public works department, then said proposal shall be deemed to have been refused.
Upon such proposal being referred to the public works department, said department
or the particular division or officer thereof to whom the duty is delegated by the
board of commissioners or other county authority shall prepare plans setting forth
the general character, material, location, size and estimated cost of such improvements
and return same to the clerk of the board of commissioners or other county authority
who shall advertise one time in some newspaper of general circulation in the county
ten days before the meeting at which said proposal shall be considered by the county
authority, such advertisement giving notice of the introduction of such proposal,
a statement of the line or lines along which the proposed improvement is to be laid
and a statement of the general character, material, size and estimated cost of such
improvements, and the method of distribution of the cost thereof to properties to
be assessed therefor, which advertisement shall contain information that owners of
lands against whom assessments are proposed to be made, or others interested, are
notified to appear at the meeting of said board of commissioners, or other county
authority, at the time and place stated in the advertisement, and make any and all
objections that they may desire to urge to the making of such improvements and the
proposed assessment of the cost thereof. [A] copy of the same notice so published
shall likewise be mailed by such clerk at least ten days before the date of the meeting
at which such proposal is advertised to be considered by the county authority to each
owner of property which it is proposed to assess, either to the known name and address
of such owner or to the name and address of owner as same appears on the tax digest
or tax returns of said county. Posting of a letter containing such notice by United
States mail, duly stamped, and addressed as herein provided shall be deemed sufficient
compliance with requirements of this law regarding mailing of notice. Substantial
compliance with the above requirements as to notice and the contents thereof shall
be sufficient. At said meeting and after hearing objections, if any are made, to the
making of said improvements and the assessment of the cost thereof, said board of
commissioners, or other county authority, shall have full right and power in its or
their discretion to order such improvements made or to reject said proposal and to
adopt a resolution accordingly. Said hearing may, in the discretion of the county
authority, be continued from time to time and said resolution may be adopted at the
meeting when such hearing is concluded, following advertisement as herein provided,
or at any subsequent meeting of said county authority to which said matter may be
continued by action of the county authority recorded on its minutes.
In the event of the passage of a resolution authorizing such improvements, all property
owners whose property is to be assessed for the cost of such improvements, who do
not within 15 days thereafter commence legal proceedings to prevent said assessment
being made, shall be conclusively presumed to have accepted the terms of said resolution
and to have agreed that assessment hereinbefore provided for may be made. Thereupon,
it shall be the duty of such board of commissioners, or other county authority, to
forthwith cause said improvements to be made in accordance with the plans and specifications.
When such improvements have been completed a resolution shall be passed assessing
the costs of said improvements as outlined in the advertisement required by this section
of this article, which assessment shall constitute a lien against the property so
assessed and the owners thereof with the rank, dignity and priority provided by this
law. And if any assessment so made against any parcel of land or the owner thereof
shall not be paid when due, then execution shall be issued thereon and levied by the
Sheriff of Fulton County or his lawful deputy upon the property described therein
or any property of the defendant in execution within the county, which property shall
be sold in the same manner as other property is sold at sheriff's sales.
