Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1912-12-05

, 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
in the collection OF ad valorem taxes
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 ia
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 tc
making such improvements have beer
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 sc
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
torneys 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 Il
is assessed superior to all other liens
and claims, except state, county anC
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 b,
personally liable for the cost Of i'm
provements constructed in front o
his property, which shall be assessed
against his property. The fact tina
any improvement is omitted in from
Of exempt property shall not inval
idate the lien of assessment mad,
against any other property on thu
highway improved not so exempt. TIL,
lien created against any property o.
the personal liability of the owne
thereof may be enforced by suit il
any court having jurisdiction or b!
sale of the property assessed in thu
same manner as may be provided b.
law for the sale of property for az
valorem city taxes. The recital in an!
deed made pursuant to such sale tina
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 b.
accepted without further proof.
No assessment of any part of thu
cost OF such Improvement shall b
made against any property abuttint
thereon or its owner until full anC
fair hearing shall first have beef