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: 516
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Ch. 192 58TH LEGISLATURE-REGULAR SESSION
ment of any amount assessed hereunder against such tract or parcel and
the owners thereof.
Sec. 12. No assessment herein provided for shall be made against
any benefited property of its owners, until after notice and opportunity
for hearing as herein provided, and no assessment shall be made against
any benefited property or owners thereof in excess of the special benefits
of such property and its owners in the enhanced value thereof by means
of such improvements as determined at such hearing. Such notice shall
be by writing mailed to the address of the owner of such property or the
person who last paid taxes on such property as determined from the tax
rolls of the city, such written notice to be mailed at least ten days prior
to the date set for the hearing, and by advertisement inserted at least
three times in some newspaper of general circulation in the city where
such special assessment tax is to be imposed, the first publication to be
at least ten days before the date of the hearing. Proof of such mailing and
such publication shall constitute proof that all notice requirements of this
Act have been fully complied with.
If any such notice shall describe in general terms the nature of the im-
provements for which assessments are proposed to be levied and to which
such notice relates, shall state the water or sanitary sewer system, por-
tion or portions thereof to be improved, shall state the estimated amount
or amounts per front foot proposed to be assessed against benefited prop-
erty or the owners thereof and describe the property benefited by each
system or portion, with reference to which hearing mentioned in the no-
tice is to be held, and shall state the estimated total cost of the improve-
ments on each such system, portion or portions thereof, and shall state
the time and the place at which such hearing shall be held, then such no-
tice shall be sufficient, valid and binding upon all owning or claiming such
benefited property, or any interest therein. Such hearing shall be by and
before the governing body of such city and all owning or claiming such
benefited property, or any interest therein, shall have the right, at such
hearing, to be heard on any matter as to which hearing is a constitutional
prerequisite to the validity of any assessment authorized by this Act, and
to contest the amounts of the proposed assessments, the lien and liability
thereof, the special benefits to the benefited property and owners thereof
by means of the improvements for which assessments are to be levied,
the accuracy, sufficiency, regularity and validity of the proceedings and
contract in connection with such improvements and proposed assessments,
and the governing body shall have power to correct any deficiencies, and
to determine the amounts of assessments and all other matters necessary,
and by ordinance to close such hearing and levy such assessments be-
fore, during or after the construction or 70a such improvements, but no part
of any assessment shall be made to mature prior to acceptance by the
city of the improvements for which assessment is levied.
Anyone owning or claiming any property assessed, or any interest
therein, who shall desire to contest any such assessment on account of the
amount thereof, or any inaccuracy, irregularity, invalidity, or insufficiency
of the proceedings or contract with reference thereto, or with reference
to such improvements, or on account of any matter or thing not in the dis-
cretion of the governing body, shall have the right to appeal therefrom and
from such hearing by instituting suit for that purpose in any court having
jurisdiction within fifteen days from the time such assessment is levied;
and anyone who shall fail to institute such suit within such time shall be
held to have waived every matter which might have been taken advantage
of at such hearing, and shall be barred and estopped from in any manner
70a. So in enrolled bill.
516
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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/m1/852/?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.