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: 517
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WATER AND SEWER SYSTEMS
contesting or questioning such assessment, the amount, accuracy, validity,
regularity and sufficiency thereof, and of the proceedings and contract
with reference thereto and with reference to such improvements for or on
account of:any matter whatsoever. And the only defense to any such
assessment in any suit to enforce the same shall be that the notice of
hearing was not published or mailed or did not contain the substance of
one or more of the requisites therefor herein prescribed, or that the as-
sessments exceed the amount of the estimate, and no words or acts of any
officer or employee of the city, or member of any governing body of the city,
other than the action of the governing body shown in its written pro-
ceedings and records shall in any way affect the force and effect of the
provisions of this Act.
Sec. 13. The governing body of the city shall have power to provide
for changes in plans, methods or contracts for improvements, or other
proceedings relating thereto, but any change substantially affecting the
nature or quality of any improvements shall only be made when it is de-
termined by two-thirds vote of the governing body that it is not practical
to proceed with the improvements as theretofore provided for, and if any
such substantial change be made after any hearing has been ordered or
held then unless the improvement be abandoned altogether a new estimate
of cost shall be made and a new hearing ordered, and held, and new no-
tices given, all with like effect and in like manner as herein provided for
original notice and hearings. Changes in or abandonment of improvements
must be with the consent of such person, firm or corporation as may have
contracted with the city for the construction thereof, if any such contract
has been entered into, and in case of abandonment of any particular im-
provement an ordinance shall be passed which shall have the effect of can-
celling any assessments theretofore levied therefor, and all other pro-
ceedings relating thereto.
Sec. 14. Assessments against several parcels of benefited property
may be made in one assessment when owned by the same person, firm, cor-
poration or estate, and benefited property owned jointly by one or more
persons, firms or corporations may be assessed jointly.
Sec. 15. Said governing body shall have power to carry out all the
terms and provisions of this Act and to exercise all the powers thereof,
either by resolution, motion, order or ordinance, except where ordinance
is specifically prescribed, and such governing body shall have power to
adopt, either by resolution or ordinance, any and all rules or regulations
appropriate to the exercise of such powers, the method and manner of
ordering and holding such hearings, and the giving of notices thereof.
Sec. 16. In case any assessment shall for any reason whatsoever be
held or determined to be invalid or unenforceable, then the governing
body of such city is empowered to supply any deficiency in proceedings
with reference thereto and correct any mistake or irregularity in connec-
tion therewith, and at any time to make and levy re-assessments after no-
tice and hearing as nearly as possible in the manner herein provided for
original assessments and subject to the provisions hereof with reference to
special benefits. Recitals in certificates issued in evidence of re-assess-
ments shall have the same force as provided for recitals in certificates
relating to original assessments.
Sec. 17. Anyone owning or claiming any property interest in any
property against which such re-assessment is levied shall have the same
right of appeal as herein provided in connection with original assessments,
and in the event of failure to appeal within fifteen days from the date of
hearing relative to such re-assessment, the provisions hereinabove made
with reference to waiver, bar, estoppel and defense shall apply to such re-
assessment.
517Ch. 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/m1/853/?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.