Texas Transportation Code 313.048 – Hearing
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(a) A hearing under this subchapter shall be before the governing body of the municipality.
(b) The owner of property abutting a proposed improvement or the owner of an affected railway is entitled to:
(1) be heard on any matter for which a hearing is a constitutional prerequisite to the validity of an assessment under this chapter; and
(2) contest:
(A) the amount of the proposed assessment;
(B) the lien and liability for the assessment;
(C) the special benefit of the proposed improvement to the abutting property and the owner of the abutting property; and
(D) the accuracy, sufficiency, regularity, or validity of the proceedings or contract for the improvement and proposed assessment.
Terms Used In Texas Transportation Code 313.048
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
(c) The governing body may:
(1) correct an error, inaccuracy, irregularity, or invalidity;
(2) supply a deficiency;
(3) determine the amount of an assessment;
(4) determine any other necessary matter; and
(5) by ordinance, end the hearing and impose the assessment before, during, or after the construction of the improvement.
(d) An assessment may not:
(1) exceed the enhanced value to the property as determined at the hearing; or
(2) be made to mature before the municipality accepts the improvement for which the assessment is imposed.