No assessment shall be made against owners of property benefited, or their property, pursuant to this article, until after a reasonable opportunity to be heard shall have been given them, lienholders and others interested, before the special commissioners referred to in the preceding section, preceded by a reasonable notice thereof, published three times prior to such hearing in some newspaper of general circulation in the city, the first publication to be not less than 10 days prior to such hearing. The names of owners, lienholders and others interested need not be specifically set out in such notice, but the parcel or parcels of land proposed to be assessed shall be briefly described in such notice, either by lot and block number, front feet thereof, or by any other description reasonably identifying the same, or by reference to any plat, report or record filed in connection with the proceedings.
The city council or special commissioners shall have power to give other and additional notice, but the published notice, required by the preceding paragraph, shall be sufficient.
At such hearing the owners, lienholders and other interested parties shall have the right to contest in writing the assessments, the special benefits, irregularities or invalidities thereof, or any prerequisite thereto, and to produce testimony in support of such contests, and the special commissioners shall determine the amounts, if any, to be assessed. The city council shall make such assessments by ordinance. Such assessments may be enforced by suit brought by the city for the benefit of any holder and owner of such assessment, or of the certificate issued thereon, or brought by such holder and owner, or by the sale of the property assessed in the same manner as near as possible as is provided for the sale of real estate for municipal taxes. Assessments may be made payable in not exceeding 15 installments, the last maturing in not over 15 years, and may bear interest at not over eight percent per annum.
Each property owner shall have the privilege of discharging the whole amount assessed against him, or any installment thereof, at anytime before maturity, upon payment thereof, with accrued interest. Upon the payment by any property owner of his assessment in full, the city shall cause to be executed by the city manager or any officer designated by the city council for such purpose, and duly acknowledged for record, a release of the lien of such assessment. The fact that more than one parcel or lot of land, the property of one owner or jointly owned by two or more persons, have been assessed together in one assessment, shall not invalidate the same or the lien thereon, or any claim of personal liability thereunder. The cost of any such improvement assessed against any property or owner thereof, together with all costs and reasonable expense in collecting the same, including reasonable attorney’s fees when incurred, shall constitute a personal claim against such property owner, and shall be secured by a lien on such property superior to all other liens, claims or titles, except city, county and state taxes, and such personal liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale in the same manner, as far as applicable, as sales are authorized to be made by the city for the nonpayment of taxes; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes, and the city council may make such rules and regulations, not inconsistent with law, as may be deemed necessary to provide for the collection of such assessment.
The city council shall at all times have the authority to provide, by appropriation out of any of the general or special revenues available, money to pay for the cost of doing any special improvement, and any such appropriation shall be charged against such district and such sum so appropriated shall be paid back from property specially benefited, on the sale of certificates or as such money may be realized. Special funds may be created from time to time to carry out the work of such contemplated improvements. (Code 1941, Art. 128-7)