Sec. 552.070. CHANGE; ABANDONMENT. (a) Except as limited by this section, the governing body of the municipality may change plans, methods, contracts, or other proceedings relating to improvements.
(b) The governing body may not make a change that substantially affects the nature or quality of the improvements unless the governing body, by a two-thirds vote, determines that it is impractical to proceed with the improvements as proposed.
(c) If a substantial change is made after a hearing has been ordered or held, a new cost estimate and a new hearing with proper notices is required unless the improvement is totally abandoned.
(d) A change in or an abandonment of improvements requires the consent of any person who has contracted with the municipality for the construction of the improvements.
(e) If improvements are abandoned, the municipality shall pass an ordinance that cancels any assessments already levied for the improvements and that cancels any other proceedings relating to those improvements.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.070 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Structure Texas Statutes
Title 13 - Water and Utilities
Subtitle A - Municipal Water and Utilities
Chapter 552 - Municipal Utilities
Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities
Section 552.061. Application of Subchapter to Certain Municipalities
Section 552.063. Municipal Authority
Section 552.064. Declaration; Costs; Estimated Assessment
Section 552.065. Assessment Provisions
Section 552.066. Apportionment of Assessments
Section 552.067. Notice of Proposed Improvements; Lien
Section 552.068. Exemptions; Personal Liability for Assessment
Section 552.069. Notice and Hearing Requirements; Appeal
Section 552.070. Change; Abandonment
Section 552.071. Corrections; Reassessments
Section 552.072. Joint Proceedings
Section 552.073. Restrictions in Certain Counties