Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1913-01-27
THE GROUNDS ALLEGED
AGAINST ASSESSMENT
STATE LAW UNDER WHICH PAY
ING ASSESSMENTS WERE MADE
Is CLAIMED TO BE UNCONSTITU-
TIONAL.
MANY OTHER REASONS GIVEN IN
CLUDING DECREE OF DISTRICT
COURT THAT LAST ELECTION
WAS VOID.

The thirty-four property owners who
are to have hearing on their applica-
ton for a writ of in junction at Alice on
the 9TH of February, allcgc sixteen rca-
sons why a permanent injunction re-
straining the council from assessing for
the paving in front of their property i'll
the city of Brownsville should be issued.
In part the reasons alleged follow:
That such assessments was not con
Cured in by two-thirds Of all The alder
men elected and entitled to a seat i'll the
city council.
That these plaintiffs had received no
| legal notice Of such assessment
That the sums were assessed against
the plaintiffs without regard to the
special benefits to be derived by the said
property of those plaintiffs by reason of
such paving.
! That such assessments were made
without any regard to the special bene-
fits the said property of these plaintiffs
will derive from such paving and with
Lout ascertaining from any evidence adj
duced at any legal hearing the amount
! of such special benefits which said prop
Serty will derive from said paving. if any.
That the amount of the said assess
ment is in fact far in excess of the
amount of benefits which the said prop
erty Will derive from said paving.
/ That the ordinance Of the city council
of the city Of Brownsville, of date of
October 23, 1911, under which the said
proceedings declaring said assessment as
sought to be had, is grossly inadequate
to provide any form Of procedure where
by a fair and just hearing may be had
to ascertain the amounts Of benefits
which any particular property will de
rive from any given contemplated i'm
prOvements; and in particular is wholly
inadequate to provide any form Of pro
cedure whereby the amount of benefits
which the said property Of these plain
titfs would derive from the particular
paving onethird Of the cost Of which is
sought to be assessed against them III
this proceeding.
/ That the hearing actually had under
this ordinance as to plaintiffs said prop
erty was grossly inadequate to ascertain
I the amount of benefits, if any, which
plaintiffs said property would derive
from the said paving. for the reason
/ that such hearing was, by certain mum
Der of the members of said city cOunclI
insufficient to constitute Il quorum OF
said council. declared to be closed with
out hearing any evidence whatever ana
without in any wise asccrtalnlng the
amount of such special benefit that the
said property of plaintiffs would derive
from such paving: and that the amount
actually assessed against plaintiffs sad
property and against plaintiffs person
allv is arbitrarily derived from the SAID
report of the city engineer of the city OF
Brownsville, which states upon its face
that the amount 50 \aSSesSed against
plaintiffs and against plaintiffs property
il one-third of the actual estimated cost
Of the making Of such improvements
That a large proportion Of the paving
to be constructed under the terms OF the
contract between the city Of BroWnSvllle
and the defendant CrcOSOte Wood BLOCK
Paving company by virtue Of the con
tract Of August ., 1911. has already been
completed; and that such paving IS not
of a character to enhance the value OF
property abutting upon the streets 50
paved, and the property abutting upon
the streets so paved has not derived any
ascertainable special benefits therefrom
That plaintiffs have reason to believe
and do believe, and upOn such belief aver
that the remainder Of the paving to bt
constructed under the terms of the sald
contract within the boundary of the sald
paving districts will be of the same char
acter and of like quality with the paylE&
already constructed under the terms Ol
said contract, within said paving dlS
tricts; and that the same Is not OF
I kind or quality to enhance the value OF
the property abutting thereon III any as
certainable amount; and that the pam
tifTs will derive no ascertainable special
benefits from the paving of the streets
/ upOn which their said property abuts II
the manner and with the kind ana qual
itv Of paving which the said city council
and the CrpOsOted Wood Block Paving
company propose to and will pave th'
same if this assessment is declared valid
That plaintiffs are informed ana DC
lieye. and upon such belief aver that th'
said contract between the Creosote'
Wood Block Paving company and th'
citv Of Brownsville provides that th'
paving shall be laid upon a cushion q
clean. sharp sand: and in total dlsregar'
g ,,.b contract the reasons allcge tina