General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 513
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WATER AND SEWER SYSTEMS
reconstructing such water or sanitary sewer systems, which power shall
include that of making any one or more of the kinds or classes of improve-
ments herein named or any combination thereof or parts thereof.
Sec. 2. As used in this Act, unless the context otherwise requires, the
term:
(A) "City" shall mean any incorporated city, town or village, including
home rule cities, which has all or a major portion of its territory in a
county which, at the time any action is taken under the powers herein
granted, has a population in excess of 700,000 according to the preceding
Federal Census.
(B) "Improvements to the Sewer System" shall mean the laying of
all mains, laterals and extensions, and all appliances and necessary ad-
juncts thereto necessary for the sanitary disposal of excreta and offal
from the area in which such improvements are constructed hereunder, but
shall not include such off-site mains, laterals and extensions, and appli-
ances and necessary adjuncts thereto shall be necessary to connect such
improvements to the existing sanitary sewer system operated by the city.
(C) "Improvements to the Water System" shall mean the laying of
a water main or mains with gates, tees, crosses, taps, meter boxes, man-
holes or extensions and any and all other appurtenances necessary and re-
quired for the furnishing of water for domestic or commercial purposes to
the area in which such improvements are constructed hereunder, but shall
not include such off-site mains, gates, tees, crosses, taps, meter boxes,
manholes or extensions, and other appurtenances as shall be necessary
to connect such improvements to the existing water system operated by
the city.
(D) "Cost of Improvement" with regard to the construction of im-
provements to the water system and sewer system, either or both, shall
include expenses of engineering, fiscal fees, and other expenses incident
to construction of improvements in addition to the other costs of the im-
provements.
(E) "Construction of Improvement" when used herein shall mean the
construction of improvements to the water or sewer system, either or
both, as same are herein defined.
(F) "Improvements" when used alone herein shall mean improve-
ments to the sewer or water system, either or both, as herein defined.
(G) "Governing Body" shall mean the city, town or village council
or commission which serves as the legislative body of the city.
(H) "Benefited Property" shall mean any lot or tract within the sub-
divided or platted property to which water and sewer service, either or
both, is made available under the terms of this Act.
Sec. 3. The governing body of the city shall have power to determine
the necessity for, and to order, the construction of improvements within
said city and to contract for the construction of such improvements in the
name of the city, and to provide for the payment of the cost of improve-
ments by the city or partly by the city and partly by assessments as here-
inafter provided.
Sec. 4. By the ordinance or resolution declaring that the necessity
exists for such improvements, the city shall state generally the nature and
extent of such improvements, and may direct that detailed plans, specifi-
cations and cost estimates therefor be prepared and submitted to the
governing body. The cost of improvements may be wholly paid by the
city, or partly by the city and partly by the property benefited by the con-
struction of improvements and the owners of such property, but if any
part of the cost is to be paid by such benefited property and the owners
thereof, then before any improvements are actually constructed, either
before or after receipt of bids for the proposed construction are received
513Ch. 192
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/849/?q=+date%3A1945-1972: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.