Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-11-26

matter or things connected Herewith
and as to any other matter Of OBJ
lection in connection with said pro-
ceedings, and at which hearing said
owners of said property or any of
them or their agents or attorneys
or any other person interested in
said property may produce evidence
and subpoena witnesses upon any of
said issues and in support of any such
objection and shall have the right to
contest said assessment, and personal
liability. and the regularity of the
proceeding with reference to such inn
prOvement and the benefits of said
Improvement to their property. and
any O.her matter with reference
thereto.
THIRD: That when said hearing
shall have been closed this city
council shall by ordinance declare
and fix the amount per abutting front
foot Of each lot or parcel of land and
the total amount of the cost of the
improvement TO be paid by each of
the owners of property abutting on
the street or portion thereof, so to
be improved, and shall thereupon as
sess same as provided in said gener-
al paving ordinance relative to as
sessments; provided, that 10 assess
ment shall be made against any own
er or his property unless the improve
ment of the streets benefits and en-
hances the value thereof or in excess
Of the amount Of the special benefits
to his property in the enhanced va
lue thereof by reason of such inn
provementi provided. that the appor-
tionment Of the cost Of improvement
among property owners as finally de-
termined and assessed shall be in
accordance with the special benefits
so received by each separate lot or
the owner thereof; and in said or
dinance said city council shall also
declare, fix and assess the portion
Of the cost Of such improvement to
be paid by the owners of said rail-
roads and street railroads, and to be
taxed against and to constitute a
lien on such railroads, their road
beds, ties, rails, fixtures, rights and
franchises.
18th: That If any person, firm estate
or corporation against whom or whose
property any assessment shall have
been made by the city council shall
be dissatisfied Herewith, then such
property owner or owners may with
in ten days after the decision or find
ing of the city council has been rem
dered. file an application for a re-
hearing thereof. in writing. setting
forth the particular cause or causes
Of objection thereto. and t%hereupon
the city council shall grant such
r%ehearing and shall correct any mis-
take or irregularity in any proceed
ings with reference to such improve
ment or the apportionment and as
sessment Of the cost thereof, and in
case Of any error or invalidity. shall
shall re-assess the cost or part Of the
cost of improvement subject to the
terms of said general paving ordin-
ance not in excess of the benefits in
! enhanced value of such property
J from such improvement.
FIFTH: That when said hearing
which may be had in the premises
shall have been completed, and when
the several amounts to be assessed
against each owner his property shall
nave been determined, the city cOun-
Gil shall by ordinance assess against
each owner and his property the
amount determined to be payable by
him; provided, the said city council
may upon the termination OF said
hearing 10 property owners before
IL, or upon the termination or any
rehearing in the premises, assess
against the owners and their proper
ty finally determined to be liable to
assessment under said proceedings,
the amounts payable by them. res
pectively, and may. by subsequent
supplemental ordinance or ordin-
ances assess against property owners
and their property amounts deter
mined to be payable by them under
the terms of the final judgment or
decree rendered in any OF the suits
by property owners provided for by
SAID general paving ordinance. (the
amount assessed against abutting
property and the owners thereof. not
TO exceed three-fourths Of the cost
or the Improvement, and shall pro-
vide for the time and terms or pay
ment thereof not to exceed ten years
on deferred payments and interest to
DC charged on said deferred payments
at a rate not exceeding eight per
cent. per annum; provided, that
whenever any owner OF property
shall institute suit as SO provided
Tor, the city council may, in its dis
erection, omit and leave out the con-
struction Of the improvement in
front OF the property OF such owner
or owners until the assessment IA
1lnally made against such owner and
ms property; and in the event any
such assessment shall be finally de-
feated by any such owner. then the
council may In its discretion omit
the construction Of any such improve
ments IN front Of the property On
such owner, and the omission or any
such improvement in front OF the pro-
perty of any such owner shall no. in
validate the assessment I'M lien fix
ed by any assessment or ordinance
against the property Of any other
owner Of property upon the street
named TO be improved.