§ 1.05. Street development and improvement.

The city shall have the power to develop or improve, or cause to be developed or improved, any or all public streets, sidewalks, alleys, highways and other public ways within the corporate boundaries of the city by laying out, opening, narrowing, widening, straightening, extending, lighting or establishing building lines along the same; by purchasing, condemning or taking property therefor; by filling, grading, raising, lowering, paving, repaving or repairing the same in a permanent manner; and by constructing, reconstructing, altering, repairing or realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and incidentals in connection with such development or improvement herein authorized, or any combination or part thereof. The cost of such development or improvement may be paid partly or entirely by assessments levied as a lien against the properties abutting thereon and against the owners thereof, and such assessments may be levied in any amount and under any procedure not prohibited by the laws of the State of Texas; provided, however, that no assessment shall be made against such land or owners thereof in excess of the enhancement in value of such property occasioned by such improvement.

If improvements are ordered constructed in any part of such area used or occupied by the tracks or facilities or [of] any railway or public utility, the council shall have the power to assess the whole cost of improvements in such area and the added costs of improvements in areas adjacent thereto made necessary by such use or occupancy against such railway or public utility, and shall have power by ordinance to provide for the enforcement of such assessment.

As an alternate and cumulative method of developing, improving or paving any or all public streets, sidewalks, alleys, highways and other public ways within its corporate boundaries, the city shall have the power and authority to proceed in accordance with Chapter 108, page 489, Acts of the Fortieth Legislature of the State of Texas, First Called Session, 1927, the same being compiled as Vernon's Ann. Civ. St. art. 1105, as heretofore or hereafter amended.

Editor's note

For current statutory provisions pertaining to street improvements, see V.T.C.A., Transportation Code ch. 311 et seq.