All of the powers conferred by the State of Texas authorizing cities to improve streets and alleys and make assessments for those improvements, as set forth in Chapters 311 and 313 of the Texas Transportation Code, as amended, are hereby adopted as the methods and procedures to be used for street and sidewalk improvements and assessments in the City of Dallas. In addition to the methods and procedures set out in those statutes, the city council shall have the option, as an alternative, to use any of the methods and procedures as set forth in this chapter. (Amend. of 5-3-97, Prop. No. 9)
The city council shall have power by ordinance to order the making of the public improvements mentioned in this chapter, or any of them, and the passage of such ordinance shall be conclusive of the public necessity and benefits of making the improvements. Notice of the ordinance and a public hearing must be provided as required by state law. The ordinance must, in general terms, set forth the nature and extent of the improvements to be made, the section or sections of any highway or highways to be improved, and whether or not assessments are to be made for such improvements. The city secretary shall, immediately upon the passage of the ordinance, furnish a copy to the county clerk, as provided in Chapter 313 of the Texas Transportation Code, as amended, to be filed as therein provided. In addition, the city secretary shall furnish a copy of the ordinance to the tax assessor and collector, who shall indicate upon any tax statement thereafter issued covering property abutting upon that part of the highway or highways to be improved that the proceeding is pending. Any failure by the city secretary to furnish a copy of the ordinance to the tax assessor and collector, or any failure by the tax assessor and collector to indicate the pendency of such a proceeding upon a tax statement, shall not affect the validity of the proceeding under this chapter, nor of any assessment thereafter levied pursuant to this chapter. (Amend. of 5-3-97, Prop. No. 9; Amend. of 11-4-14, Prop. No. 9)
When the city council shall have reason to believe that the owner or owners of any property may successfully claim the same as exempted from the enforcement of a lien, said city council may order that the improvement shall not be made in front of, or abutting on, said property unless the owner or owners shall first make satisfactory provision for, or satisfactorily secure, the payment of the amount of the costs which would be assessed against said property except for such exemption. In any case where the cost, or any part thereof, is to be paid by such property owners or assessed against their property and the contractor to whom their work is let is required to look primarily or wholly to such property or owners thereof for payment of the proportion of the cost of such improvement assessed against them, and the city is relieved from the payment of such proportion of the cost, such contractor shall not be obliged to make such improvement in front of any property which is exempt from the enforcement of a lien for such improvement, but may omit the construction thereof.
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