§ 17.1. Sidewalk improvements; notice; protests; petitions.
Whenever the governing body of said municipality shall deem it necessary to grade, regrade, pave, repave, build, rebuild, or otherwise improve any sidewalk as above provided, and the expense thereof cannot be paid from general current funds of the year, or in the discretion of said body should not be so paid, said governing body may by ordinance or resolution declare such improvement necessary to be done, and publish such resolution once a week for two (2) weeks, consecutively, in the newspaper in which the sheriff's advertisements in the county in which said municipality is located are published, and therein give notice of the intention to assess the costs and expenses of said improvement as herein provided, and if the owners of a majority of the lineal feet of frontage of the lands abutting on said sidewalk shall not within 15 days after date of publication of the last issue of said newspaper carrying advertisement of said resolution file with either the mayor or the clerk of said municipality their protest in writing, protesting against said improvement, said governing body shall have authority to cause said improvement to be made, and to contract therefor, and to make assessments and fix liens as provided for herein. Provided, however, that if the owners of a majority of the lineal feet of frontage of the land liable to assessment for such improvements shall petition the governing body, and therein make reference to this provision of this act, and designate by general description the improvement to be undertaken, and designate the roads or streets or highways along which same to be located, and between what points, and designate the side or sides of roads, streets, or highways along which same to be made, it shall then be the duty of the governing body to proceed, as hereinafter provided to cause said improvement to be made in accordance with the prayers of said petition and their own best judgment, and in such cases it shall not be necessary to pass the resolution or ordinance hereinbefore mentioned. The petition shall be lodged with the clerk of the municipality who shall investigate the sufficiency thereof and submit the same to the governing body, and certify the result of his investigation.
(1946 Ga. Laws, page 422)