The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-25

a
proceeding and TO sue out an Injunction
against the council.
The charter OF the city OF Houston con-
fers upon the city council full authority
and control over Its streets and aleys
and empowers the council to deteImlne
what street or portion OF any street shai ii
be improved and whether the cost OF sueh
improvement shall be paid by the city IN
whole or in part, or by the owners of the
abutting property either In whole or IN
part. II the city council should deter
mine to charge the cost or any portion
OF 1t upon the abuttlng property then DF
q two-thlrds vote of all OF the aldermen,
1t must determine whether the improve
ment Ia necessary TO the public Interest:
When these questions have been settled
by the council. II 1t be decided that the
cost Of the Improvement shall be pald Dy |
tho owners OF the abuttlng property, the
charter provides that "the cost
shall be betrayed, In case Of street Inn
provements, by the owner or owners OF
the lot or lots, block or blocks, tracts OF
land, when not laid out into lots anu
blocks, abutting on such street or portion
Of street improved, according to the cost
Of work In front of the particular lot or
block or tracts Of land" The city council
is also empowered to determine whether
the work shall be paid for in money. bonds
OF the city, or improvement certihcates'
and to make contract for H. After the
contract has been made, II is the duty oi
the city engineer to make out roll OF
property abutting on the street to be I'M |
proved and to specify upon such roll,
among other things, the total cost, as
ascertained and calculated by the city /
engineer, of such improvements necessary
to be borne by each and to be paid by
each owner OF such property as described
in such roll" There is no discretion lodged
with the city council in determining the
assessment to be made upon the AUDITING
property, but the charter absolutely Axes
the rule by which the assessment Is to be
governed, and devolves upon the engineer
the mere ministerial duty to ascertain by
calculation what the work In front of the
| particular lot will cost, under the contract
according to the specifications. The law
/ prescribed the standard to be the cost of
| work done In front of the lot, the specH-
cations showed the work to be performed
and the contract fixed the price. cal
/ culation alone was necessary to ascertain
! the sum to be expressed on the roll
Neither the council nor tho engineer could
proceed upon any other basis than that
/ expressed In that statute, for we must
! look alone to the charter for the powers
TO be exercised by these officials. II how
/ ever, there were room Tor doubt as TO the
rule by which the assessment is to be
made, the charter would set that at rest,
for In the next succeeding phrase OF the
same sentence is to be found the follow
1 Ing provision: And in case OF sewerage
| or drainage improvements (the cost shall
be betrayed by the owner or owners OIL
such lot or lots block or blocks or tracts
OF land, when not laid out into lots or
blocks. according to the proportionate
benefits of the lots etc. 1t is apparent
that In the enactment Of these provisions
in the same section and In the same SEN
tence, the distinction between the assess
ment of the cost and the assessment of the
ha of ihn a. az
benefits was present in the Legislative
mind, and that the rule OF assessing for
street improvements according to the cost
of the work, without regard to benefits
was Intentionally and distinctly applied to
that class of work with the intention TO
exclude benefits. Up to this point in the
procedure there certainly could have been
no departure from the rule expressed ia
the charter by the city council or any
offcer engaged In the execution of the
powers conferred-special benefits could
not have been consldored-but Il Ia
claimed that the charter provides for a
hearing before the council at which the
rights OF the parties might have been ad-
tusted upon the basis of benefits and that
the plaintiffs in error are estopped TO
deny the validity OF the assessment because
they Jailed to call upon the council by
petition to revise and correct the pro-
ceedings and remedy the wrong The
question arises, Did the charter afford to
Mrs Hutchinson an opportunity to contest
the mode of making the levy?
After the roll of ownership has been pre-.
pared by the city engineer and approved
by the board Of public works and by the
city council, II must be filed with the sec
rotary of the city, who Is required to pub
fish the following notice; Persons own
Ing property on there insert the name OF
street or streets, or description of por-
lions of the same referred to in said
roll, or description of the territory or
district to which the roll relates) are
hereby notified that the roll of ownership
showing the amount of the special assess
ment tax levied against the owners OF
property above referred to to caver the
cost OF Improvement made in accordance
with the resolution of the city council re-
iatlng to the same, adopted (here insert
the date of tho resouton), has been
placed In the office of the city secretary for
inspection, in order that all persons in.
terested therein, or TO be affected thereby
may have an opportunity Of calling the
attention of the city council TO any errors
or mistakes connected with such assess
ments levied against property owned by
them, as shown In said rolls" The score
tary Is required ia mall a copy of a notice
10 the postoffce address OF the property
owner, AT any time within ten DAYS after
the first publication of the notlce the prop
erty owner may, 'hy petition to the city
council lieu Win the city secretary, OBJ
ject to any such acts and proceedings and
show wherein they have been or may be
wronged or injured thereby and to ask
for revision or correction OF the same;
and they shall be permitted, and it shall
be their duty before the final approval
Of such roll, TO appear in person. or by
agent or attorney, before said city council,
and not thereafter at any time before any
other tribunal, fraud and collusion. which
was then unknown and could not by rea.
sonable diligence have been ascertalnea.
excepted and apply for redress for such
wrong or injury, and for the correction
OF such errors as they may point out and
establish to the satisfaction of said couu-
Gil, ncr shall any such roll be finally an
proved by the city council after filing Of
such petition by any person SO affected or
liable to be affected by said proceedings
until such petition shall have been heard
and acted upon by the city council al
though It shall not be necessary to incor-
porate in the minutes of said city council
Its action thereon, and Il shall be the duty
OF any person who may deem himself in
jured by the action or non-action OF the
city council in reference to the matters
contained in such petition, within nve
Aau ffrr h.