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


and as to any other matter of OBJ
lection in connection with said pro-
reference to said proceedings or 70
said improvement or paving or any
ceedings. and at which hearing said
owners Of said property or any OF
them or their agents or attorneys
or any other person interested in
said property may produce evidence
and subpoena witnesses upon any Of
said issues and in support Of any such
objection and shall have the right to
contest said assessment, and personal
liability. and the regularity OF the
proceeding with reference to such i'm
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 each of
the owners Of property abutting on
the street or portion thereof. % 70
be improved, and shall t%hereupon as
sess same as 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 in excess
Of the mount of the special benefits
to his property in the enhanced va
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provement; provided, that the appor-
tionment Of the cost Of improvement
among property owners as finally de-
termined ard assessed shall be in
accordance with the special benefits
so received by each separate lot or
the owner thereof; and in said or
dinance said city council. shall also
declare, fiji 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 il any person. firm, estate
or corporation against whom ortwhose
property any assessment shall have
been made by the city council shall
be dissatisfied 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 cost thereof. and in
case of any error or invalidity, shall
shall re-assess the cost or part of the
cost or improvement subject to the
terms Of said general paving Ordip-.
ance not in excess Of the benefits In
ENHANCED value of such property
from such IMPROVEMENT. ," =! %
III FIFTH: That when said hearing
which may be had in 1.-THE, premises
shall have been completed aldxhe9.
1.-THE several amounts to be assessed
Il against each owner his property shalt
have been determined. the city coun--
ell shall BY ordinance assess aHafhst'I
each owner and his property N 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
~rehearihg in the premises, itassess
against the owners and thairlpr0per-
ty finally determined To. be liable to
Z argpCCmnnf nndnr enid nrnpnndfnua
the amounts payable by them, res
pectively. and may, by subsequent
supplemental ordinance or ordin-
ances assess against property owners
and 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 to
be charged on said deferred payments
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 dis
cretion, omit and leave out the con-
structiOn Of the improvements I'm
front Of the property Of such owner
or owners until the assessment is
finally made against such owner and
his property; and lin 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 or
such owner. and the omission or any
such improvement in front OF 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.
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