Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-10
BROWNSVILLE DAILY HERALD. TUESDAY, DECEMBER 10, 1912

which may be had in the premises
the several amounts to be assessed
! against each owner and his property
! shall have been determined, the city
council shall by ordinance assess
against each owner and his property
the amount determined TO be payable
( by him; provided. the said city coun-
ell may upon the termination of said
hearing to property owners before +,
or upon the termination OF any re
hearing in the premises, assess
against the and their prop
erty finally determined to be liable
to assessment under said proceedings,
he amounts payable by them, re-
spectively, and may, by subsequent
supplemental ordinance or ordinan-
ces 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 n thereof not
to exceed three-fourths of the cost
OF the Improvement, and shall pro-
vide for the time and terms of pay
ment thereof not to exceed ten years
on deferred payments and interest to
be charged on said deferred payment
at a rate not exceeding eight per
cent. per annum; provided, that
whenever any owner OF property
| m oil ~ ~t;+,,ta e,,;G - - ~r1,;I0J e.
the city council may, in it's discre-
ton, omit and leave out the construc-
ton OF the improvement in front Of
the properly Of such owner or own
ers until the assessment is finally
made against such owner and his
property; and in the event any such
assessment shall be finally defeated
by any such owner, and the omission
by any such owner, then the council
nay in its discretion omit the con-
struction OF any such Improvement in
front Of the property of such owner
and the omission OF any such i'm
provement in front of the property
feet Mariana G.. Trevino 40S.92
OF any such shall not invalidate the
assessment and lien fixed by any as
sessment or ordinance against the
pror ,rt- Of any other owner Of pro-
perty upon the street named to be
improved.
SIXTH: The ordinance or ordinan-
ce3 of assessment shall provide for
the collection Of the amounts so as
sessed, together with the cost of max
ing the assessment, including the
aNrN 80 ~@4sAa - a. a- ~. 4
case of the institution of such suit
as SO provided for, reasonable attor-
ney's fees OF the city IN defending
such suit and the cost OF such suit
with attorneys fees and costs,
and cost shall become a part of the
assessment against the owner and his
property as in said general paving
ordinance provided; but the amount
thereof shall be stated separately az
to each owner liable therefor. .1tt I. !
Each owner shall be liable person.
ally for the cost OF improvements
which shall have been assessed
against him, including the aforesaid
costs and attorneys fees. And in ad-
dition to such personal liability, such
a. assessment ordinance or ordinances
shat. provide that the amount there
b. assessed against any abuttihg pro-
perty or its owner, shall be secured
by, and shall constitute, aifirst lien
upon the said property. superior to
all other liens and claims except
State, county and municipal taxes,
and that the amount thereby assess
ed against any railroad or street rail
v.naA nrFYart ~ ~, ~ tA1 49,
thereof, shall be secured by and con-
stftnte a first lien upon said railroad
or street railroad and its road Der,
ties, rails, fixtures, rights and fran
chises superior to other liens and
claims except State, county and NUM-
cipal taxes; and that said lien and
liability shall be enforced either by
suit in any court having jurisdiction
or by sale OF the property assessed,
in the same name as may be pro-
vided by law for the sale Of property
for advalorem city taxes.
SEVENTH: That when ever any
such improvement shall have been
made in said Paving District No.
THEE (3) there shall be first de-
Quoted from the entire cost of such
improvements the cost OF improving
all intersections of other streets with
the street proposed to be improved,
no part OF which shall be chargeable
against the owners Of property abut-
ting on the street. And there shall
also be deducted the cost Of such part
Of the improvement as shall be pay
able by railroads and street railroads
or the owner thereof, and the re-
mainder of she entire cost Of the i'm
provement, after making the deduc-
tons aforesaid, shall be apportioned
between the city and the owners OF
AUDITING property in such manner
that the abutting owners shall not
be required to pay more than three
fourths Of the net cost after making
such deductions.
EIGHTH: That said city council
may at the time of passing such as
sessment ordinance or ordinances or
at any time thereafter cause to be is
sued. in the name Of the city, assign
able certificates, declaring the liza
bility OF such owners and their pro-