CHAPTER 315. ARTIFICIAL LIGHTING
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE E. MUNICIPAL STREETS
CHAPTER 315. ARTIFICIAL LIGHTING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 315.001. DEFINITIONS. In this chapter:
(1) "Abutting property" means property abutting a street on
which lighting improvements are made or proposed to be made.
(2) "Special benefit" means the amount of enhanced value that a
property receives as a result of lighting improvements.
(3) "Street" includes a portion, not less than one block, of a
street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.002. APPLICABILITY. This chapter applies only to a
municipality with a population of more than 5,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. AUTHORITY AND INITIAL PROCEDURES
Sec. 315.021. ESTABLISHMENT OF LIGHTING IMPROVEMENTS. (a) A
municipality may install and maintain lighting improvements for a
local public street as provided by this chapter if the governing
body of the municipality adopts a resolution:
(1) on its own motion if:
(A) the governing body considers it more advantageous to the
public; and
(B) public money is available for that purpose; or
(2) following the receipt of a petition from the owners of
property abutting a street to install and maintain street
lighting improvements.
(b) Adoption of the resolution is conclusive of the public
necessity and benefit of the lighting improvements. Failure to
give notice of the adoption of a resolution does not affect the
resolution's validity.
(c) The resolution must describe:
(1) the nature and extent of the lighting improvements to be
made;
(2) any street or district composed of streets, highways, or
alleys to be lighted;
(3) the materials to be used; and
(4) the method of paying the cost of the improvements.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.022. CONTENTS OF PETITION. (a) A petition submitted
under Section 315.021(a)(2) must:
(1) state that a street or a district composed of streets,
highways, or alleys should be lighted;
(2) state that lighting improvements are needed for that
purpose;
(3) name and describe the street or district to be lighted;
(4) state that the lighting will be a public improvement and
will be conducive to the public welfare; and
(5) be signed by a majority of the owners of property abutting
streets designated in the petition.
(b) A petition submitted under Section 315.021(a)(2) may:
(1) provide plans and specifications for the requested lighting
improvements; and
(2) specify the kind of poles, lights, or other material
necessary to properly install the improvements or any part of the
necessary material.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.023. PLANS AND SPECIFICATIONS. (a) The governing body
may:
(1) order the use of all or any part of the materials specified
in the petition in constructing the lighting improvements;
(2) if materials specified in the petition are not available,
order the use of materials similar in kind and quality to the
specified materials; or
(3) reject any or all plans and specifications included in the
petition and have new plans and specifications prepared by the
municipal engineer.
(b) On adoption of a resolution as provided by Section 315.021,
the municipal engineer shall:
(1) prepare plans and specifications for the lighting
improvements ordered by the resolution; and
(2) submit the completed plans and specifications to the
governing body for approval.
(c) If there is no municipal engineer, the municipal official
whose duties most closely correspond to those of a municipal
engineer shall prepare and submit the plans and specifications.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.024. OWNERSHIP AND CONTROL. After lighting
improvements made under this chapter are installed and accepted
by the municipality, the improvements become a part of the
municipality's lighting system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.025. USE OF AVAILABLE MONEY. A municipality may use
available money to assist in financing lighting improvements.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. BIDS AND CONTRACTS
Sec. 315.041. ADVERTISEMENT FOR BID. (a) On approval and
adoption of plans and specifications by the governing body of a
municipality, the municipal secretary or other officer designated
by the governing body shall advertise for sealed bids for
installing the lighting improvements according to the
specifications.
(b) The advertisement shall be published in a daily newspaper of
general circulation in the municipality and shall state the time
within which bids may be received.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.042. FILING OF BID. (a) The governing body of a
municipality may prescribe a period of not less than 10 or more
than 15 days after the date on which the advertisement for bids
is published within which bids may be received.
(b) Bids shall be filed with the municipal secretary or another
officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.043. AMENDMENT OF BID PROHIBITED. A bid may not be
amended after it has been filed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.044. OPENING OF BIDS; ACCEPTANCE OR REJECTION. (a)
Bids shall be opened and read at a public meeting of the
governing body of a municipality.
(b) The governing body may:
(1) accept a bid it considers most advantageous to the owners of
abutting property; or
(2) reject any or all bids.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.045. CONTRACTS. (a) After the governing body of a
municipality has accepted a bid for lighting improvements, the
municipality shall contract with a contractor whose bid has been
accepted.
(b) A contract shall be:
(1) executed by the municipality's chief executive; and
(2) attested with the corporate seal by the municipal secretary
or other officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER D. PAYMENT OF COSTS
Sec. 315.061. AUTHORITY TO ASSESS COSTS. (a) A municipality
may assess against owners of abutting property who will specially
benefit from lighting improvements the entire cost, including
labor and material, of installing the improvements.
(b) A municipality may impose a lien against abutting property
to secure the payment of the assessment against that property.
(c) Costs may not be assessed against any property or property
owner and personal liability for costs may not be finally
determined until after the hearing under Section 315.066 and the
adjustment of equities between or among abutting property owners
under Section 315.063.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.062. METHOD OF ASSESSMENT. (a) An assessment against
abutting property or an owner of abutting property shall be made
according to the frontage of that property on a street to be
improved in proportion to the total frontage on all streets to be
improved.
(b) The costs shall be apportioned according to the frontage or
front foot rule but may not exceed the special benefit to the
property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.063. ADJUSTMENT OF EQUITIES. If the governing body of
a municipality considers that assessing and apportioning costs as
provided by Section 315.062 would be unjust or unequal in a
particular case, the governing body shall assess and apportion
the costs justly and equally, considering the special benefit to
each owner, the equities of the owners, and the adjustment of the
apportionment, so as to produce a substantial equality of
benefits received by and burdens imposed on each owner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.064. STATEMENT OF OWNERSHIP AND COSTS. (a) After the
governing body of a municipality has approved and executed a
contract for lighting improvements, the municipal engineer shall
prepare and submit to the governing body a written statement
that:
(1) lists the owners of property abutting any street to be
improved;
(2) states the number of front feet owned by each owner;
(3) describes, by lot and block number or by another method that
identifies the property, the abutting property owned by each
owner; and
(4) estimates:
(A) the total cost of the improvement;
(B) the amount for each front foot to be assessed against
abutting property and its owner; and
(C) the total amount to be assessed against each owner.
(b) If there is no municipal engineer, the municipal official
whose duties most closely correspond to those of a municipal
engineer shall prepare and submit the statement.
(c) The governing body shall examine the statement and correct
any error in the statement.
(d) An error or omission in a statement prepared under this
section does not invalidate an assessment or a lien or claim of
personal liability imposed under an assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.065. NOTICE OF HEARING. (a) After the governing body
of a municipality has examined and approved a statement prepared
under Section 315.064, the governing body by resolution shall
direct publication of notice of a hearing to owners of abutting
property.
(b) Notice shall be published for 10 consecutive days in a daily
newspaper of general circulation in the municipality where the
lighting improvements are to be made.
(c) If there is no daily newspaper, the governing body shall
notify the owners by registered mail before the 10th day before
the date of the hearing.
(d) The notice must:
(1) state the place and time of the hearing;
(2) generally describe the lighting improvements;
(3) name any street to be improved;
(4) state the amount proposed to be assessed against abutting
property for each front foot; and
(5) notify each owner of abutting property and each interested
person to appear at the hearing.
(e) The notice is not required to describe any property or to
include the name of an owner. The notice is nonetheless binding
on and conclusive against an owner of abutting property or a
person interested in or having a lien or claim on the property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.066. HEARING. (a) A hearing:
(1) is before the governing body of the municipality; and
(2) may not be held before the 10th day after the date of notice
under Section 315.065.
(b) At any time before the close of the hearing, a person
interested in property that may be claimed to be subject to
assessment under this chapter is entitled to be heard on:
(1) any matter affecting the property itself;
(2) the benefit of the proposed improvement to the property;
(3) a claim of liability relating to the property;
(4) the proposed lighting improvements;
(5) any invalidity or irregularity in a proceeding regarding the
proposed improvements; or
(6) any other objection to the proposed improvements.
(c) An objection must be filed in writing.
(d) At the hearing, an interested person may:
(1) produce evidence and witnesses; and
(2) appear in person or by attorney.
(e) The governing body:
(1) shall give a full hearing on an objection presented under
this section;
(2) may, from time to time and without further notice, adjourn
the hearing;
(3) may inquire into and determine all facts necessary to
adjudicate an objection or ascertain the special benefit to an
owner; and
(4) shall render a just decision in each case.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.067. RULES. The governing body of a municipality may
adopt rules governing hearings or notice of hearings that the
governing body considers advisable to give all property owners a
full hearing on assessments against them because of the special
benefits.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.068. WAIVER OF OBJECTION. An objection to an
irregularity in a proceeding regarding proposed lighting
improvements under this chapter or to the validity of an
assessment or adjudication of personal liability against abutting
property or an owner of abutting property is waived unless
presented at the time and in the manner prescribed by Section
315.066.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.069. ASSESSMENT ORDER. (a) After the close of a
hearing held under Section 315.066, the governing body of the
municipality by ordinance shall assess against each owner of
abutting property the proportionate cost of the lighting
improvements as decided by the governing body.
(b) The ordinance shall:
(1) impose a lien on the property;
(2) declare the owner of the property personally liable for the
amount assessed; and
(3) prescribe the time and manner of payment of the assessed
amount.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.070. INSTALLMENTS. (a) The governing body may order
the assessments payable in not more than six installments and
prescribe the amount, time, and manner of payment of the
installments.
(b) The last payment may not be deferred beyond the fifth
anniversary of the municipality's acceptance of the completed
lighting improvement.
(c) The ordinance shall prescribe the rate of interest, not to
exceed seven percent a year, to be charged on deferred payments.
(d) The ordinance may provide for the maturity and collection of
all deferred payments on the default of an installment of
principal or interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.071. DISCHARGE OF OBLIGATION. An owner of abutting
property may discharge the total amount assessed against the
owner, or any installment of that amount, at any time before
maturity, on payment of the amount with accrued interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.072. LIEN. (a) An assessment under this subchapter
against a property or property owner and any costs and reasonable
attorney's fees incurred are a personal claim against the owner
secured by a lien against the property.
(b) A lien under this section reverts back and takes effect as
of the date of the original resolution ordering the lighting
improvement. Adoption of the resolution is notice of the lien to
all persons.
(c) A person who owns property on the date of an ordinance
providing for an assessment against the property under Section
315.069 is personally liable for that person's respective portion
of the assessment.
(d) Assessing in one assessment more than one parcel of property
owned by a single owner or owned jointly by two or more persons
does not invalidate the assessment or a lien or claim of personal
liability under the assessment.
(e) An error in the name of an owner of assessed property in the
ordinance providing for the assessment does not invalidate the
lien or personal liability created by the ordinance. The lien or
personal liability exists against the true owner of the property
as if the owner had been correctly described.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.073. PRIORITY OF LIEN. A lien under Section 315.072 is
superior to any other lien, claim, or title, except a municipal,
county, or state tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.074. CERTIFICATE OF OBLIGATION. (a) The governing
body of a municipality may provide that:
(1) a contractor to whom work is let under this chapter may
recover the costs assessed against abutting property and the
owners of abutting property only from the property or property
owners; and
(2) the municipality has no liability for the costs.
(b) The governing body may also authorize assignable
certificates against abutting property or owners of abutting
property.
(c) A recital in a certificate that states that the procedure
for making the lighting improvement was in compliance with law
and that all prerequisites to imposing the lien and to creating
the personal liability of the property owner were performed is
prima facie evidence in all courts that the procedure and
prerequisites were performed as stated in the certificate.
(d) A certificate authorized under this section shall be:
(1) executed by the municipality's chief executive; and
(2) attested with the corporate seal by the municipal secretary
or other officer designated by the governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.075. PAYMENT FROM AVAILABLE MONEY. (a) The cost of
lighting improvements made without a petition by property owners
shall be paid by the municipality out of the municipality's
available money.
(b) The amount paid by a municipality to a contractor under this
section shall be reimbursed to the municipality by assessments
against abutting property owners under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. JUDICIAL PROCEEDINGS
Sec. 315.091. SUIT ON LIEN. Personal liability established
under Section 315.072 may be enforced by bringing suit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.092. SUIT TO CONTEST ASSESSMENT OR PROCEEDING. (a) A
person who has an interest in property that may be subject to
assessment under this chapter or who has any other financial
interest in a proposed lighting improvement or the manner in
which the cost of the proposed improvement is to be paid may
bring suit to contest on any ground:
(1) the validity of a proceeding held on the making of the
improvement; or
(2) the validity in whole or in part of an assessment, lien, or
personal liability imposed by the proceeding.
(b) A suit under this section must be brought not later than the
10th day after the date on which the hearing under Section
315.066 concludes.
(c) The municipality and any person to whom a contract has been
awarded shall be made defendants in a suit under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.093. ESTOPPEL. (a) A person who does not bring suit
within the period prescribed by Section 315.092 or who does not
diligently and in good faith prosecute a suit to final judgment
may not contest or raise as a defense in another action the
validity of a proceeding or an assessment, lien, or personal
liability imposed by the proceeding.
(b) Estoppel under this section binds a person's heirs,
successors, administrators, and assigns.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.094. AFFIDAVIT. (a) In a suit brought under Section
315.092, an affidavit must be attached to the plaintiff's
petition stating:
(1) that the matters alleged in the petition are true, except
for matters alleged on information and belief; and
(2) that the suit is brought in good faith and not to injure or
delay the municipality, the contractor, or an owner of abutting
property.
(b) If the plaintiff does not attach the affidavit required by
this section, the court shall dismiss the suit on a defendant's
motion and the plaintiff is barred to the same extent as if suit
had not been brought.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.095. SUSPENSION OF WORK. When suit is brought under
Section 315.092, the municipality or the contractor may suspend
performance of work until a final judgment is rendered in the
case and all appellate remedies are exhausted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 315.096. APPEAL. (a) An appeal or writ of error must be
perfected not later than the 30th day after the date of
adjournment of the term of the court of original jurisdiction
during which judgment was rendered in the suit.
(b) An appeal or writ of error under this section is entitled to
precedence in state courts of appellate jurisdiction and shall be
heard and determined as soon as practicable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.