Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-10

rlgnt 10 contest SAID assessment, and
personal liability, and the regularity
Of the proceedings with reference
to such improvement, and the bene-
fits of said improvement to their pro-
perty, and any other 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 abutt-
ing on the street or portion thereof,
so to be improved, and shall thereupon
assess same as provided in said gener-
al paving ordinance relative to assess
ments; provided, that no assessment
shall be made against any owner or
his property unless the improvement
Of the street benefits and enhances
the value thereof or in excess of the
amount of the special benefits to his
property in the enhanced value there
Of by reason of such Improvement;
provided, that the apportionment Of
the cost of improvement among pro-
perty owners as finally determined
and assessed shall be in accordance
with the special benefits so received
by each separate lot or the owner
thereof; and in said ordinance 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 railroads and street
railroads, and to be taxed against
and to constitute a lien on such rail-
roads, their roadbeds, ties, rails, fix
lures, rights and franchises.
Fourth: That if any person, firm, es-
tate 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
within ten days after the decision or
finding of the city council has been
rendered, file IN application for a re-
hearing thereof, in writing, setting
forth the particular cause or causes
of objections thereto, and thereupOn
the city council shall grant such re-
hearing and shall correct any mis-
take or irregularity in any proceed
ings with references TO such improve
ment or the apportiOnment and as
sessment of the cost thereof, and in
case Of any error or inyalidity, shall
re-assess the cost or part of the cost
of Improvement subject to the terms
Of said general paving ordinance not
in excess Of the benefits in enhanced
value of such property from such i'm
provement.
FIFTH: That when said hearing Of
property owner and others before said
city council shall have been .complet-
ed, and when any rehearing which
may be had in the premises shall
several amounts to be- assessed
against each owner and his property
shall have been determined, the city
council shall by ordinance assess
against each gownerFand his property
the amount determined to be pay
able by him; provided, the said city
council may upon the termination Of
said hearing to- property own-
ers before it or upon the termination
~rehearing in the premises, assess
any %rehearing in the premises, assess
against the owners and their pro
perty finally determined to be liable
to assessment under said proceedings,
the amounts payable by them, resi-
pectiyely, and may, by subsequent
supplemental ordinance or ordinances
assess against property owners and
their property amounts determined to
be payable by them under the terms
Of the final judgment or decree rem
dered in any of the suits by property
owners provided for by said general
paving ordinance, (the amount as
seSsed against abutting property and
the owners thereof, not to exceed
three-fourths OF the cost Of the i'm
provement), and shall provide for the
time and terms of payment thereon
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 an
mum; provided, that whenever any
owner of property shall institute suit
rs so provided for, the city council
may, in its discretion omit and leave
out the construction of the improve
ment in front of the property of such
owner or Wner until the assess-
ment IS finally made against such
owner and his property; and in the
event any such assessment shall be
finally defeated by any such owner,
then the council may in its discre-
ton omit the construction of n
such improvements in front of the
property Of such owner, and the ON
ission Of any such Improvement in
ront of the property of any such
owner shall not invalidate the as
essment and lien fixed BY any as
sessment or ordinance against the
property of any other owner Of pro-
perty upon the street named to be i'm
proved.
SIXTH: The ordinance or ordinan.
ceS Of assessment shall provide for
collection Of amounts so assessed. TO.
Fether with the cost of making the
assessment. including the costs OF
notice to the owner. and. in case Of
The institution of such suit as so pro-
ylded, for, reasonable attorneys fees
for the city in defending such suit the
costs of Cfrnh r,rft mh;ab ar