Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1912-11-28
ORDER or ELECTION

shall accept the benefits of Title %,
Chapter II, providing that said city
shall have power to improve any
streets, avenues, alleys, highways,
public places or square, or any portion
thereof, within its limits by filling,
grading, raising, paving or repaving
the same permanently, or by the con-
struction or reconstruction OF side
walks, curbs or by widening, narrow
ing or Strengthening the same, and to
construct necessary appurtenances
thereto, including sewers and drains:
Therefore, it is ordered by the City
Council of said city that an election
be held on the 9TH day of January,
1913, at which election the following
proposition shall be submitted, to-wit:
"Shall the City Council of the City
of Bryan be authorized to make high
way improvements, partly by the city
and partly by the owners Of the prop
erty under the following terms and
conditions as herein set out?"
The cost of making such improve
ments shall be partly paid by the said
city and partly by the owners of abut-
ting property thereto, provided that
in no event that more than three
quarters of the cost of any improve
ments, except sidewalks and Curbs, be
assessed against such property
owners for their property, but the
whole cost of construction of side
walks and curbs in front Of any prop
erty may be assessed against the
owner thereof or his property, and the
City Council of said city shall have
power to assess against the owners of
any railroad or street railway occupy
ing any highway ordered to be i'm
proved (the term highway as used
herein shall include any street, ave-
nue., alley, highway or public place or
square or portion thereof dedicated to
public use); the whole cost of the i'm
provement between or under the rails
and tracks of said railroad or street
railway and two feet on the outside
thereof, and shall have power, by ordi.
nance, to levy special tax upon said
railroad or street railroad, and it's
roadbed, ties, rails, and fixtures, rights
and franchises, which tax shall con-
stitute lien thereon superior to any
lien or claim, except state, county and
municipal taxes, and which may be
enforced, either by sale of said prop
erty in the manner provided by law
-, e
by the city, or by suit against the
owner in any court having jurisdic-
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 $50
per annum, and to fix a 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.
If 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 ell other liens
and claims, except state, county and
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 |
liable for the cost of i'm |
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- |
idate the lien of assessment made |
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