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2018 Georgia Code 36-39-8 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Chapter 39 information not found

ARTICLE 2 COMPROMISE OF BONDED DEBT

36-39-8. Resolution letting contract for improvements following time for protests or filing of petition.

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.

(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.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 34 et seq., 106 et seq.

C.J.S.

- 40 C.J.S., Highways, §§ 188, 236. 64 C.J.S., Municipal Corporations, § 1225.

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