Sec. 313.053. CHANGES IN PROCEEDINGS; PROCEDURE. (a) The governing body of a municipality may change a plan, method, or contract for an improvement or other proceeding related to a plan, method, or contract for an improvement.
(b) A change that substantially affects the nature or quality of an improvement may not be made unless the governing body determines, by a two-thirds vote, that it is impractical to proceed with the improvement.
(c) If a substantial change is made after a hearing has been ordered or held, the governing body, in the same manner and with the same effect as provided for an original notice and hearing, shall:
(1) make a new estimate of cost;
(2) order and hold a new hearing; and
(3) give new notices.
(d) If an improvement is abandoned, the new estimate, hearing, and notices are not required.
(e) A change in or abandonment of an improvement must be with the consent of the person who contracted with the municipality for the construction of the improvement.
(f) If an improvement is abandoned, a municipality shall adopt an ordinance that has the effect of canceling:
(1) any assessment imposed for the abandoned improvement; and
(2) all other proceedings relating to the abandoned improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle E - Municipal Streets
Chapter 313 - Street Improvements and Assessments in Certain Municipalities
Section 313.042. Assessment Ordinance
Section 313.043. Assessment Against Parcels Owned Jointly
Section 313.044. Assessment Apportioned Under Front Foot Rule Unless Inequitable
Section 313.045. Assessment or Tax on Railways for Certain Improvements
Section 313.046. Assessment for Improvement of Boundary Highway
Section 313.047. Notice of Hearing on Assessment
Section 313.049. Appeal of Assessment
Section 313.050. Correction of Assessments
Section 313.051. No Lien on Exempt Property; Liability of Owner
Section 313.052. Assessment Certificates
Section 313.053. Changes in Proceedings; Procedure
Section 313.054. Enforcement of Assessment; Priority of Lien; Defenses
Section 313.055. Chapter Not Affected by Statements or Actions of Municipal Officers or Employees