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: 518
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Ch. 192 58TH LEGISLATURE-REGULAR SESSION
Sec. 18. Should any city so desire, it may make the improvements and
assessments provided for hereunder in conjunction with street improve-
ments and assessments provided for in Article 1105b, V.A.T.C.S. by one
joint proceeding and only one hearing shall be necessary, and in such
event the procedure herein provided shall govern. A single assessment
certificate may be issued against any tract or parcel of benefited property
and the owners thereof in evidence of the total assessment made for all
or any improvements, including street improvements made in a joint pro-
ceeding as provided in the preceding sentence, made under this Act, pro-
vided that the amount assessed for each class of said improvements is
shown separately and distinctly in the ordinance by which any assess-
ment is made hereunder.
Sec. 19. No assessment or other charge permitted by this Act shall be
made for the construction of improvements to any water or sewer system
against any property or the owners thereof unless such property is in an
area which has been subdivided or platted for a period of at least ten
years next preceding the effective date of this Act. For purposes of de-
termining property or areas to which this Act shall apply, "Subdivided or
platted property" shall mean such property as has been duly platted under
the terms of Article 974-A, V.A.T.C.S. or any property which has been
subdivided or platted by map or plat filed for record in the office of any
county clerk, by the terms of which map or plat there has been made any
dedication of the property to the public use for a street or alley right-of-
way or for public utility easements.
Sec. 19-A. It is the intention of the Legislature, due to the emergency
nature of this Act, that nothing contained herein shall be construed to
effect any change in any way in the law of this state, whether promulgated
by Statute or court decision, either or both, relating to the duty of a city
in its proprietary capacity to furnish water and sewer service, either or
both.
Sec. 20. Certificates of special assessment issued under the provisions
of this Act, including certificates issued in joint proceedings as herein-
above set out, shall be and are hereby declared to be legal and authorized
investments for banks, savings banks, trust companies, building and loan
associations, insurance companies, and sinking funds of cities, towns and
villages, counties, school districts or other political subdivisions of the
State of Texas and for all other public funds of the state or its agencies.
Sec. 21. The provisions of this Act shall be cumulative of existing
laws. The provisions of this Act shall be liberally construed to effectuate
its purposes and substantial compliance with the provisions hereof shall
be sufficient.
Sec. 22. A home rule city to which this Act applies shall have the
power and authority to adopt plans and specifications for improvements in
accordance with the provisions hereof and shall have the power to pay to
the contractor, the successful bidder, that part of the cost that may be
assessed against the owners and their benefited property in cash and the
city may reimburse itself for the amount by levying an assessment against
benefited property and the owners thereof, after hearing and notice, as in
this Act provided, up to the amount of the enhancement in value represent-
ed by the benefits and permitted by this Statute, and issue assignable
certificates in favor of such city for the assessment. The certificates shall
be enforceable in the same manner as herein provided. The city shall
likewise have the power to do the improvement or improvements by its
own forces if the work can be done more expeditiously and economically.
Sec. 23. Should any Section, provision, word, phrase, or clause of this
Act or the application thereof to any person or circumstance be held in-
valid, unconstitutional or ineffective, the remainder of the Act, and the
518
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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/m1/854/?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.