Texas Transportation Code 313.042 – Assessment Ordinance
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(a) The governing body of a municipality by ordinance may assess the cost of an improvement under this chapter against property that abuts the highway or part of the highway the municipality orders to be improved and against the owner of the property.
(b) Except as provided by Subsection (c), the governing body may not assess more than nine-tenths of the estimated cost of an improvement against properties or their owners.
Terms Used In Texas Transportation Code 313.042
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The entire cost of constructing, repairing, or realigning a curb, gutter, or sidewalk may be assessed against the property and its owner.
(d) The ordinance may:
(1) prescribe the terms of payment and default of the assessment; and
(2) prescribe the rate of interest to be paid on the assessment, not to exceed the greater of:
(A) eight percent a year; or
(B) the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice provided by Section 313.047.
(e) An assessment against abutting property is:
(1) a lien on the property that is superior to any other lien or claim except a lien or claim for ad valorem taxes; and
(2) a personal liability and charge against the owner of the property, regardless of whether the owner is named.