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Texas Transportation Code - Section 311.095. Assessment For Street Improvement In Type A General-Law Municipality

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 311.095. Assessment For Street Improvement In Type A General-Law Municipality

§ 311.095. ASSESSMENT FOR STREET IMPROVEMENT IN TYPE A 
GENERAL-LAW MUNICIPALITY.  (a) The governing body of a Type A 
general-law municipality, by a two-thirds vote of the aldermen 
present, may improve a street or alley under this section.
	(b)  The governing body shall assess the land abutting the 
street or alley improved under this section for two-thirds of the 
cost of the improvement.  The municipality shall pay the other 
one-third of the cost.  The municipality shall pay the entire cost 
of an improvement at the intersection of streets.
	(c)  The landowner shall pay the assessment in not fewer than 
five equal annual payments.  A collected assessment shall be 
appropriated for the payment of the bonds issued to finance the cost 
of the improvement.
	(d)  After the governing body determines to make an 
improvement, the governing body shall require the municipal 
engineer, another municipal officer, or a committee of three 
aldermen to prepare a report.  The report must:
		(1)  contain an estimate of the cost of the 
improvement;                    
		(2)  list each lot or part of a lot abutting the street 
or alley to be improved and list the number and size of the lot, the 
number of the block in which the lot is located, the owner of the lot 
or a statement that the owner is unknown, and other information 
required by the governing body;  and
		(3)  state, opposite a lot's listing, one-third the 
estimated cost of the improvement of the street or alley abutting 
the lot.
	(e)  On the acceptance and approval of the report, the 
governing body shall impose the assessment as taxes.  After the 
assessment is imposed, the individual or committee that prepared 
the report shall give, as may be required by ordinance, notice of 
the time in which the payment of the assessment is due and shall 
begin to collect the payment.
	(f)  The assessment is a lien on the land until it is paid.  
After an assessment on the land becomes delinquent, the individual 
or committee that prepared the report on the assessments may seize 
any part of the land that is sufficient to pay the assessment.  The 
individual or committee shall sell the seized land if the 
assessment is not paid before the day of the sale.  The municipality 
shall give the same notice of the sale that is required to be given 
in other sales to collect delinquent taxes.  The sale is subject to 
the same ordinance provisions that govern the name, circumstances, 
and conditions under which a sale of land may be made and the extent 
to which a sale may be made to collect delinquent taxes owed the 
municipality.  The individual or committee shall execute a deed to 
the purchaser at the sale.  The deed used in the sale is subject to 
another statute that governs a deed prepared by an assessor or 
collector of taxes for a general-law municipality.
	(g)  The governing body may initiate a suit in the 
municipality's corporate name to recover from a landowner an 
assessment.
	(h)  The governing body may adopt resolutions, ordinances, 
or regulations necessary to carry out the authority granted by this 
section.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007