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

COuHcll snail Dy ordnance assess
against each owner and his property
the mount determined to be payable
by him provided, the said city cOun-
Gil may upon the termination of said
hearing to property owners before n,
or upon the termination of any re
hearing in the premises, assess
against the owners and their prop
erty finally determined TO be liable
TO assessment under said proceedings,
the 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 he 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 t~hree-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
shall institute suit as so provided for.
the city council may, in its 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
may 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 4OS.92
of any such shall not invalidate the
assessment and lien fixed by any as
sessment or ordinance against the
property of any other owner of pro-
perry upon the street named to be
improved.
SIXTH: The ordinance or ordinan-
ces of assessment shall provide for
the collection Of the amounts so as
sessed, together with the cost of max
ing the assessment, including the
cost of notice to the owner, and, in
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 as
to each owner liable therefor,
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 adj
dition to such personal liability, such
assessment ordinance or ordinances
shall provide that the amount there
by assessed against any abutting pro-
perty or its owner shall be secured
by, and shall constitute, a first 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
road, or part of same. or the owner
thereof, shall be secured by and on
stitute 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 faxes; 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 manner 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.
Three go 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,
IO part OI WHICH snail De
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 owners thereof, and the re-
mainder Of The 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
thai the abutting n 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
bilfty of such owners and their pro-
perty for the payment of such assess
ment. and fixing the terms and condi-
tons of such certificates.
If any such certificate shall recite
that the proceedings with reference