Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1912-11-21


prima facie evidence of the fact so
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
torney's fees, IL incurred. Such as
sessment shall be secured by and con-
stitute 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 and
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 be
personally liable for the cost of i'm
provements constructed in front of
his property, which shall be assessed
against his property. The fact that
any improvement is omitted In front
OF exempt property shall not inval-
idate the lien OF assessment made
against any other property on the
highway improved not SO exempt. The
lien created against any property or
the personal liability of the owner
thereof may be enforced by suit in
any court having jurisdiction or by
sale of the property assessed in the
same manner as may be provided by
law for the sale of property for ad
a fit 70 AL to.
deed made pursuant to such sale that
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 be
accepted without further proof.
No assessment of any part of the
cost of such improvement shall be
made against any property abutting
thereon or its owner until full and
fair hearing shall first have been
given to the owner of such property
preceded by reasonable notice there
of given to said owner, their agent or
attorney. Said notice shall be by ad
vertisement inserted at least three
times in some newspaper published in
the City of Bryan. the first publica,
ton to be made at least ten days be
fore the date of hearing. The City
Council may provide for additional no
tice cumulative of notice by adyer;
tisement. Said hearing shall be be
fore the City Council of said city, al
which hearing such owner shall have
the right to contest the said assess
ment and personal liability, and the
regularity of the proceedings with
reference to such Improvement. an6
the benefits of said Improvement t.
their property, and any other matter
with reference, but no assessment
shall be made against any owner oil
abutting property or his property in
any event in excess of the actual ben
eft of such owner in the enhanced
value of his property by means o.
such improvement as ascertained a.
such hearing.
The said City Council shall, by ordi
nance, adopt rules and regulations
providing for such hearing to property
owners and for giving reasonable no
tice thereof, and said City Council
shall be empowered to correct am
mistake or irregularity in any pro
ceedings with reference to such i'm
provements or the assessment of tn,
cost thereof against abutting propertl
and its owners, and in case OF an,
error or invalidity to reassess agains
any abutting property and its owne
the cost or part of the cost of tn,
improvements, subject to the term
hereof, not in excess of the benefits
in enhanced value of such propert,
from such improvements, and to max,
reasonable rules and regulations 70
the notice of a hearing of such prop
erty owners before such reassess
ment.
Any property owner against WHOM
or whose property any assessment o
! reasssessment has been made shal
have the right within twenty day
thereafter to bring sur in any cour
having jurisdiction to set aside or col
rect the same or any proceedings wit
reference thereto on account OF an
error or invalidity therein: but theft
after such owner, his heirs, assigns o
successors, shall be barred from an
such action or any defense of inva
fdity in such proceedings or assess
ment or reassessment in action i
which the same may be brought i
: question.
Said election shall be held at tn
City Hall in the City of Bryan. Brazo
} County, Texas, and the followin
named persons are hereby appointe
. managers of said election: T. J. Pres
ton. presiding judge; J. r. EdmondE
assistant Judge: Wilson Bradley an
! c. e. Jones, clerks.
Said election shall be under the pre-
: visions of Title %. Chapter IL, RI
: vised Statutes of Texas, adopted a
the regular session Of the Thirty
second Legislature, 1911.
Only qualified voters who are res
} dent property taxpayers of the City Q
l Bryan shall be allowed to vote, an
. all voters desiring to support the prof.
osition shall have printed on their ba
: lots, For the adoption of the propos
, tion that the highways of said cit
: shall be improved, partly by the cit