§ 62-68. Procedure on landowner proposal to construct improvements; notice to landowner; hearing; resolution; objections; assessment.

Upon a proposal being made to such board of commissioners by an interested landowner to lay or construct any of the improvements aforesaid by assessing the cost in any of the ways set forth in the preceding paragraph [section 62-67], such board of commissioners shall first vote whether to refer such proposal to the public works department of said county. If such proposal be [is] not referred 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 shall make plans and estimate and report the same to the clerk of the board of commissioners 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, such advertisement giving notice of the introduction of such proposal, a statement of the line 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 it shall set forth that owners of lands against whom assessments are proposed to be made, or others interested, are notified to appear at the meeting of the board of commissioners to be held at the time stated in said advertisement; and make any and all objections they may desire to urge to the passage of such resolution. Substantial compliance with the above requirement as to notice shall be sufficient. At said meeting and after hearing objections, if any are made, to the passage of such resolution, said board of commissioners shall have full right and power in their discretion to order such improvements made, or to reject said proposal. Said resolution may be adopted at the next meeting after its advertisement and after hearing objections, or at any subsequent meeting after said notice has been published.

After the passage of said resolution, all property owners to be assessed for the cost of such improvement, 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 shall have agreed that the assessment hereinbefore provided for may be made. Thereupon it shall be the duty of such board of commissioners to forthwith cause said improvements to be made in accordance with the plans and specifications as prepared. When completed, a resolution shall be passed assessing the costs of said improvements as outlined in the proposal and the advertisement. And if said assessment shall not be paid when due, then execution shall be issued thereon and levied by the sheriff of the county upon any of the property of the defendant in execution within the county and sold in the same manner as other property is sold at sheriff's sales.

(1929 Ga. Laws (Act No. 185), page 621, § 3)