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: 515
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WATER AND SEWER SYSTEMS
structed hereunder relative to such parcel so long as such improvements
provide water and sewer service, either or both, to the parcel to be as-
sessed; provided, however, that corner lots shall be assessed only for
the shorter side of same abutting upon a public street.
Sec. 8. Whenever the governing body of any city shall, pursuant to
this Act, determine it to be necessary that any sewer or water system be
improved in any manner, then if it is proposed that all or any part of
the cost of such improvements be levied or assessed and made a lien on
property benefited thereby, there may be filed with the county clerk of
the county or counties in which such property is situated a notice signed
in the name of such city, by its clerk, secretary or mayor or other officer
performing the duties of such. Such notice shall meet all requirements
of the act when it shows substantially that the governing body of such city
has ordered, directed or otherwise provided or determined it to be neces-
sary that such system be improved and shall describe the location and
limits between which same is to be or has been improved or shall other-
wise identify or designate such system and shall state that a portion of the
cost of such improvement is to be or has been specially assessed as a lien
upon property benefited thereby, and shall describe such property. It is
specially provided that one notice may embrace and include any number
of such systems or improvements.
Sec. 9. It shall not be necessary that any notice required by this Act
give details or that it be sworn to or acknowledged and same may be filed at
any time and the county clerk with whom any such notice is filed shall
record same in the records of mortgages or deeds of trust and shall index
same in the name of the city and in the name of other designation of the
water or sewer system or systems to the improvement of which the notice
relates.
Sec. 10. In all instances coming within the purview of this Act the
lien of any assessment or re-assessment upon the property assessed or
re-assessed shall take effect and be in force at and from the filing of the
notice herein provided for and not before.
Sec. 11. No property of any kind, church, school or otherwise, shall
be exempt from any tax or assessment or assessments authorized hereby
for local improvements, provided, however, that nothing herein shall em-
power any city or its governing body to fix a lien against any interest in
property which is exempt from the lien of special assessments for local
improvements under the Constitution of Texas at the time the lien takes
effect, but the owner or owners of such property shall nevertheless be per-
sonally liable for any assessment in connection with such improvement
and the city shall have power and authority to refuse water or sewer
service, either or both, to the owners of such property until the owner
thereof pays to the city the amount of the assessment made against such
property or an amount equal to that amount assessed for such improve-
ments against private property of equal or comparable size. The fact that
any improvement, though ordered, is omitted as to any property, any inter-
est in which is so exempt, shall not invalidate the lien or liability of assess-
ments made against other property.
The lien created against any property and the personal liability of
the owner or owners thereof may be enforced by suit in any court having
jurisdiction, or by sale of the property assessed in the same manner as
may be provided by law or charter in force in the particular city for sale
of property for ad valorem city taxes, and the city, as an aid to the en-
forcement of the liability imposed by the assessment, may refuse to con-
nect or may disconnect sewer or water service to a tract or parcel of bene-
fited property during the period on which there is a default in the pay-
Tex.Sess.L. '63 Bd.Vol.-54 515Ch. 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/m1/851/?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.