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: 514
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Ch. 192 58TH LEGISLATURE---REGULAR SESSION
by the city, but before any hearing herein provided for is held, the gov-
erning body shall prepare, or cause to be prepared, an estimate of the
cost of such improvements; in no event shall more than nine-tenths of
the costs of such improvements as shown on such estimate be assessed
against such benefited property and the owners thereof.
Sec. 5. No special tax or assessment shall be levied against a rail-
way, street railway or interurban right-of-way to defray a portion of
the cost of the improvements to a city's water or sanitary sewer system.
Sec. 6. Subject to the terms hereof, the governing body of any city
shall have power by ordinance to assess nine-tenths of the estimated cost
of improvements against benefited property, and against the owners of
such property, and to provide the time, terms, and conditions of payment
and defaults of such assessments, and to prescribe the rate of interest
thereon not to exceed eight per cent per annum. Any assessment against
benefited property shall be a first and prior lien thereon, and shall be a
personal liability and charge against the true owners of such property at
the date upon which said lien is fixed and becomes effective, whether named
or not in any notice, instrument, certificate or ordinance provided for
hereunder. The governing body shall have power to cause to be issued
in the name of the city assignable certificates in evidence of assessments
levied hereunder declaring the lien upon the property and liability of the
true owners thereof whether correctly named or not and to fik the terms
and conditions of such certificates.
If any such certificate shall recite substantially that the proceeding
with reference to making the improvements therein referred to have been
regularly had in compliance with the law and that all prerequisites to the
fixing of the assessment lien against the property described in said cer-
tificate and the personal liability of the owner or owners thereof have
been performed, same shall be prima facie evidence of all the matters
recited in said certificate, and no further proof thereof shall be required.
In any suit upon any assessment or re-assessment in evidence of which
a certificate may be issued under the terms of this Act it shall be suffi-
cient to allege the substance of the recitals in such certificate and that
such recitals are in fact true, and further allegations with reference to
the proceedings relating to such assessment or re-assessment shall not
be necessary.
Such assessments shall be collectable with interest, expense of col-
lections, and reasonable attorney's fees, if incurred, and shall be first
and prior liens on the property assessed, superior to all other liens and
claims except state, county, school district and city ad valorem taxes, and
shall be a personal liability and charge against said owners of the property
assessed.
Sec. 7. That part of the cost of water and sewer improvements, either
or both, but computed separately, which may be assessed against benefited
property and the owners thereof shall be apportioned among the tracts or
parcels of benefited property and the owners thereof in accordance with
the front foot plan or rule, provided that if the application of this rule
would, in the opinion of the governing body, in particular cases, result in
injustice or inequality, it shall be the duty of said body to apportion and
assess said costs in such proportion as it may deem just and equitable,
having in view the special benefits in enhanced value to be received by
such owners, and the adjustment of such apportionment so as to produce
a substantial equality of benefits received and burdens imposed. For
purposes of computing the amount of the assessment to be made under
such front foot plan or rule, each parcel of benefited property shall be
assessed according to the number of lineal feet of each such parcel abut-
ting upon a public street irrespective of the location of improvements con-
514
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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/m1/850/?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.