Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-11-22

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 i'm
said property may produce evidence
and subpoena witnesses upon any Of
said issues and in support of any such
objection, who sholl 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 zach Of
the owners Of property abutting on
the street or portion thereof, so to
be improved, and shall thereupOn as
sess same a. provided in said gener-
al paving ordinance relative to as
sessments; provided. that no 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 i'm excess
of the amount of the special benefits
to his property in the enhanced va
lue thereof by reason Of such inn
provement: 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
50 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.
4th: 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 dis atisfied 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 thereupon
the city council shall grant such
rehearing 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 COS 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
1 enhanced value of such property
S 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 TO property owners before
| IT, or upon the termination OF 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
~pectlvely, and may, by subsequent
supplemental ordinance or Ordin-
ances assess against property owners
ana 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
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 10
, DC charged on said deferred payments
at a rate not exceeding eight per
cent. per annum; provided, that
whenever any owner Of property
snail institute suit as SO provided
for, the city council may. In it's 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 "A
flnally made against such owner and
MS property; n 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 OF
such owner, and the omission Of any
such Improvement in front or the pro-
perty OF any such owner shall no. in
validate the assessment and lien fix
ed by any assessment or ordinance
against the property OF any other
owner OF property upon the street
named to be improved.