Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1912-12-12

ton. The ordinance levying said
taxes shall prescribe when same shall
become due and delinquent, and the
method OF enforcing same.
The City Council OF said city shall
have power to assess, by ordinance,
the whole cost of constructing side
walks or curbs, and not to exceed
three-fourths Of the cost Of any other
Improvement against the owners of
property abutting on such improve
ment, and against abutting property
benefited by same, and provide for the
time and terms Of the payment Of
such assessments and the rate of in
terest payable upon deferred pay
ments thereon, which rate OF interest
shall not exceed eight per cent (Se6)
per annum, and to fix lien upon the
property, and to declare such assess
ments to be a personal liability of the
owners Of such abutting property; and
said City Council shall have power to
cause to be issued in the name of the
city .assignable certificates, declaring
the liability of such owners OF their
property for the payment of such as
sessment, and to fix the terms and
conditions on such certificates.
II any such certificate shall recite
the proceedings with reference to
making such improvements have been
regularly had in compliance with law,
and that all prerequisites to the fixing
of the assessment lien against the
property described in said certificate,
and the personal liability shall be
prima facie evidence OF the fact so
recited, and no further proof thereof
shall be required in any court.
The ordinance making such assess
ment shall provide for the collection
thereof, with cost and reasonable at
torney's fees, If incurred. Such as
sessment shall be secured by and con-
stitute "a lien on said property, which
shall be the first enforceable claim
against the property against which it
is assessed superior to all other liens
and claims, except state, county and
municipal taxes.
Nothing herein shall be construed
to empower said Council to fix the
lien by assessment against any prop
erty exempt by law from sale under
execution, but the owners Of such ex-
empt property shall nevertheless be
personally liable for the cost of inn
provements constructed in front of
his property, which shall be assessed
against his property The fact that
any improvement is omitted in front
of exempt property shall not inval-
Of nj ms a
against any other property on the
highway improved not so exempt. The
lien created against any property or
the personal liability Of the owner
thereof may be enforced by suit in
any court having jurisdiction or by
sale of the property assessed in the
same manner as may be provided by
law for the sale of property for ad
valorem city taxes. The recital in any
deed made pursuant to such sale that
all legal prerequisites of said assess
ment have been complied with shall
be prima facie evidence of the facts
so recited, and shall in all courts be
accepted without further proof.
No assessment of any part Of the
cost of such improvement shall be
made against any property abutting
thereon or its owner until full and
fair hearing shall first have been
given to the owner of such property
preceded by a reasonable notice there
of given to said owner, their agent or
attorney. Said notice shall be by ad-
vertisement inserted at least three
times in some newspaper published in
the City of Bryan, the first publica-
ton to be made at least ten days be-
fore the date of hearing. The City
Council may provide for additional no
tice cumulative of notice by adver-
tisement. Said hearing shall be be-
fore the City Council Of said city, at
which hearing such owner shall have
the right to contest the said assess
ment and personal liability. and the
regularity of the proceedings with
reference to such improvement, and
the benefits of said improvement to
their property, and any other matter
with reference, but no assessment
shall be made against any owner OF
abutting property or his property in
any event in excess of the actual ben
eft of such owner in the enhanced
value of his property by means OF
such improvement as ascertained at
such hearing.
The said City Council shall, by ordi.
nance, adopt rules and regulations
providing for such hearing to property
owners and for giving reasonable no
tice thereof, and said City Council