AUXILIARY WATER LAWS CHAPTER 3. WATER CONTROL AND PRESERVATION DISTRICTS
AUXILIARY WATER LAWS
CHAPTER 3. WATER CONTROL AND PRESERVATION DISTRICTS
Art. 7808. MAY ESTABLISH. One or more water control and
preservation districts may be established in the several counties,
or a part of any county, or in two or more adjacent counties, or in
parts of two or more adjacent counties, or in one county and part of
an adjacent county or counties, in the manner provided in this
chapter. Said districts may or may not include within their
boundaries villages, towns and municipal corporations, or any part
thereof, but no land shall be at the same time included within more
than one such district. All such districts are defined districts
within the meaning of Section 52, Article 3 of the State
Constitution.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7809. PURPOSES. Said districts, when established,
shall be for the purpose of the control and preservation of the
purity of the waters of any rivers, creeks, bayous, lakes, canals,
streams or other waters of any kind and character situated or
flowing, in whole or in part, through the said district, or any part
thereof, by the prevention of the inflow of salt water or other
deleterious substances, or by the changing of said waters from salt
to fresh water, and the impounding of fresh water for such purposes.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7810. POWERS. Such districts, when established, shall
have full power to erect, construct, maintain, repair and
reconstruct dams, bulkheads, jetties, locks, gates, or any other
character of improvement or construction necessary to the
accomplishment of any such purpose, and to make such construction
without the boundaries of the district, where same may be deemed
necessary to the preservation, or the improvement of the purity and
irrigable quality of such waters; and may issue bonds in payment
therefor.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7811. PETITION. Upon the presentation to the
commissioners court of a petition signed by twenty-five of the
resident property taxpayers of any proposed district praying for
the establishment thereof within the county, and setting forth the
boundaries, and accompanied by a map thereof, the general nature of
the improvements proposed, and an estimate of the probable cost
thereof, and praying for the issuance of bonds and levy of a tax in
payment thereof, and designating a name for such district which
shall include the name of the county; and accompanied by the
affidavit of the petitioners stating that they are resident
property taxpayers of such county; the court shall set the same
down for a hearing at a regular or called session, not less than
thirty nor more than sixty days thereafter.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7812. CONTINGENT DEPOSIT. The petition shall be
accompanied by five hundred dollars in cash which shall be
deposited with the clerk of the commissioners court of the county in
which the largest portion of the proposed district is situated. If
the result of the original election is in favor of the establishment
of the district, the clerk shall return said deposit to the
petitioners, their agent or attorney; otherwise the clerk shall
pay the same out upon the vouchers signed by the county judge of
such county, for all expenses and costs pertaining to the proposed
district up to and including said election, and shall return the
balance to the petitioners, their agent or attorney.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7813. NOTICE OF HEARING. The court shall, when setting
a date for the hearing, order the clerk of said court to give notice
of the date and place of said hearing by posting, or causing to be
posted, not less than twenty days prior to the hearing, a copy of
said petition and the order of the court thereon, one at the
courthouse door and four others within the limits of the proposed
district. Said clerk shall receive one dollar for each such notice
and five cents per mile for each mile necessarily traveled in
posting such notices.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7814. HEARING. Any person who may be affected thereby
may appear before said court and contest the creation of said
district, or contend for its creation, and may offer testimony in
favor of or against the boundaries of said district to show that the
proposed improvements would or would not be of any public utility,
and would or would not be feasible or practicable, and the probable
cost of such improvements, or as to any other matter pertaining to
the proposed district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7815. HEARING: AUTHORITY OF COURT. Unless otherwise
provided, the commissioners court shall have exclusive
jurisdiction to hear and determine all contests and objections to
the creation and establishment of any district, and shall have
exclusive jurisdiction in all subsequent proceedings of any
organized district, and may adjourn hearing on any matter connected
therewith from day to day; and all judgments, decrees or orders
rendered or entered by said court in relation thereto shall be
final.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7816. FINDINGS. If at said hearing it appears to the
court that the organization of such district and the proposed
improvement is feasible and practicable, and that it would be a
public benefit or public utility, then it shall so find, and shall
also find the amount of money necessary for said improvement and for
all expenses incident thereto and the expenses necessarily incurred
in connection with the creation and establishment of the district,
and shall specify the amount of bonds to issue, the length of time
the bonds shall run, and the rate of interest said bonds shall bear.
If the court finds that such organization and improvement is not
feasible or practicable, or that it would not be a public benefit or
utility, then it shall dismiss the petition at the cost of the
petitioners. In either case, the court shall enter its findings in
the records of the court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7817. MAY RENEW PETITION. The order dismissing said
petition or any appeal therefrom shall not prevent the presentation
at any subsequent time of a similar petition with changed
boundaries, but the presentation of a similar petition with
identical boundaries shall not be permitted until the expiration of
six months after such dismissal.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7818. APPEAL. Any petitioner or taxpayer in such
district may appeal from the findings of said court to the district
court of said county. Such appeal shall be perfected within five
days after the rendition of the order appealed from, in the
following manner: notice of appeal shall be given and entered of
record on the minutes of said court, at the time of the entry of said
order by announcement of same before said court, or by giving
written notice within two days after the entry of such order by a
simple statement that the undersigned gives notice of appeal from
the order entered on the date stated, and by filing such written
notice with the county clerk; and by filing an appeal bond with two
or more good and sufficient sureties for one hundred dollars,
payable to the county judge and approved by the county clerk, and
conditioned upon the due prosecution of the appeal and payment of
all costs incident thereto. Unless appeal is so perfected, such
order shall be final and conclusive.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7819. APPEAL: PROCEEDINGS. Within five days from the
filing of the appeal bond, the county clerk shall transfer to the
district clerk all records filed with the commissioners court
pertaining to the establishment of said district, and it shall not
be necessary to file additional pleadings in said court. The court
shall set the matter down for hearing de novo, and the matters shall
be tried and determined by the court. The judgment of the district
court shall be final and conclusive, and shall be certified to the
commissioners court for its further action.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1981, 67th Leg.,
p. 2629, ch. 707, Sec. 4(5), eff. Aug. 31, 1981.
Art. 7820. ELECTION ORDER. If the petition is granted, the
commissioners court shall order an election to be held in such
district at the earliest legal time, to determine whether or not
such district shall be created and whether or not a tax shall be
levied sufficient to pay the interest and provide a sinking fund to
redeem said bonds at maturity. Said order shall specify the amount
of bonds to be issued, the length of time said bonds shall run, and
the rate of interest they shall bear, as determined by the court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7821. NOTICE OF ELECTION. Notice of such election
stating the time and place of holding the same shall be given by the
county clerk by posting or causing to be posted notices thereof in
four public places in such district and one at the courthouse door,
for thirty days prior to the election. Said notice shall also
contain the proposition to be voted on and the purpose for which
said bonds are to be issued and the amount of such bonds, and shall
contain a copy of the election order.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7822. BALLOT. The commissioners court shall provide
twice as many ballots as there are qualified resident property tax
paying voters within such district. Said ballots shall have
printed thereon the words and none others: "For the Water Control
and Preservation District, and issuance of bonds and levy of tax in
payment thereof;" "Against the Water Control and Preservation
District, and issuance of bonds and levy of tax in payment thereof."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7823. ELECTION: CONDUCT OF. None but resident property
taxpayers who are qualified voters of said proposed district shall
be entitled to vote at such election. The commissioners court shall
create and define, by an order of the court, the voting precincts in
the proposed district, and shall name convenient polling places
therein, and shall appoint the judges and other necessary election
officers.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7824. LIST OF VOTERS. The tax collector of the county
wherein such district is situated, prior to the election, shall
make a certified list of the property taxpayers of said district and
furnish to the presiding judge of each precinct a list of such
voters in such precinct. No person whose name does not appear in
said list shall vote at any election under this chapter, except as
provided in the two succeeding articles.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7825. VOTER'S OATH. Any person who acquired property in
said district after the first day of January of the preceding year
may vote in said election upon taking the following oath before the
presiding judge of the polling place where he offers to vote, and
such judge is authorized to administer same: "I do solemnly swear
that I am a qualified voter of .......... County and that I am a
resident property taxpayer of the proposed district, that I was not
subject to pay property tax in said district for the preceding year
and have not voted before at this election."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7826. TAXPAYER'S OATH. Any person whose name was
erroneously omitted from said list of voters may vote at said
election upon the taking the oath as prescribed in the preceding
article except that in lieu of the clause "that I was not subject to
pay property tax in said district for the preceding year," there
shall be substituted "that I was subject to and did pay property tax
in said district for the preceding year.["]
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7827. RESULTS OF ELECTION. Said court shall canvass the
vote, and if two-thirds of such votes are in favor of the
proposition submitted, then the court shall declare the result of
said election to be in favor of said district, and shall enter same
in their minutes as provided in the succeeding article.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7828. DECLARATION OF RESULT. Said order of the court
shall be as follows: "Commissioners court of ........ County,
Texas, ........ day of ........ A.D. ........ in the matter of
petition of ........ and ........ others, praying for the
establishment of a Water Control and Preservation District, and
issuance of bonds and levy of taxes in said petition fully described
and designated by the name of ........ Water Control and
Preservation District ......... Be it known that at an election
called for that purpose in said district, held on the ........ day
of ........ A.D. ........, a two-thirds majority of the resident
property taxpayers voting thereon voted in favor of the creation of
said District, and the issuance of bonds and levy of a tax. Now,
therefore, it is considered and ordered by the court that said
District be and the same is hereby established by the name of
........ Water Control and Preservation District ........, and that
the bonds of said District in an amount not exceeding ........
dollars be issued by the Directors of said District, and that said
Board of Directors levy a tax of ........ cents on the hundred
dollars of valuation, or so much thereof as may be necessary, upon
all property within said district, whether real, personal, mixed or
otherwise, sufficient in amount to pay the interest on such bonds
and provide a sinking fund sufficient to redeem them at maturity,
and that if said tax shall at any time become insufficient for such
purpose, same shall be increased by said Directors until same is
sufficient. The metes and bounds of said District being as follows,
to-wit: (giving the metes and bounds.)"
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7829. BOARD OF DIRECTORS. At the same meeting when said
order is made, or at a called meeting within five days thereafter,
the court shall appoint a board of directors consisting of three
members, all of whom shall be freehold property taxpayers and legal
voters of the county embraced in whole or in part within the
district, and more than twenty-one years of age. Each shall receive
three dollars per day for each day necessarily taken in the
discharge of their duties as such; and shall hold office for two
years, unless sooner removed by a majority vote of said court. Upon
the expiration of their terms of office, the court shall appoint
their successors by majority vote. Should any vacancy occur in said
board, the same shall be filled in like manner by said court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7830. COMBINED DISTRICT. Where a proposed district lies
partly within two or more counties, the petition for the
establishment of said district shall be presented to the
commissioners court of each county. Each such court shall give all
necessary notice as provided for a single district in one county,
but stating that same is a part of such entire district, and shall
order an election, appoint all necessary officers, furnish all
supplies, canvass the returns and declare the result of such
election, all as provided for a single district. The presiding
officer of each court shall then certify and report the result of
said election to the county judge of the county in which the largest
portion of such district is situated.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7831. COMBINED DISTRICT: DECLARATION. Said county
judge shall canvass said vote and declare the result thereof, and if
two-thirds of such votes favor the creation of said district, he
shall declare the result and make the same order as provided herein
for a single district. Copies of such order shall be filed with the
county clerk of each county and shall be held to be a proclamation
of the result of said election.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7832. COMBINED DISTRICT: HEARING. The commissioners
court of each county shall hear and determine the matters relating
to the establishment of said district in their county, in the same
manner as provided for a single district, and appeals may be taken
therefrom to the district court of any county in which any part of
said district is situated, in the manner provided herein for a
single district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7833. COMBINED DISTRICT: DIRECTORS. A board of five
directors shall be elected at the same election held for the
establishment of such district, and the ballot therefor may have
printed thereon the names of such candidates, or the voter may write
upon his ballot the names of the persons voted for as directors;
and the five persons receiving the highest number of votes so cast
shall be the directors of said district, and shall hold office until
the next regular election. In case of vacancy in said board, or if
the number of directors is reduced by any cause to less than three,
said vacancies shall be filled in the same manner as provided by law
in such cases for directors of water improvement districts under
Chapter 2 of this title.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7834. COMBINED DISTRICT: ELECTION. On the second
Tuesday of January after the establishment of such district, and
biennially thereafter, an election for such directors shall be held
in each such county in accordance with the election laws of this
State and the provisions of this chapter for elections for
establishing a district. Said directors shall hold office for two
years. The directors shall give notice of the election, appoint
election officers, receive and canvass the election returns and
perform all other duties necessary for holding said elections.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7835. DIRECTOR'S BOND AND OATH. Within ten days after
their appointment or election, or as soon as practicable
thereafter, the directors shall each make a good and sufficient
bond for five thousand dollars payable to their district,
conditioned upon the faithful performance of their duties, to be
approved by the commissioners court of the county in which the
director resides, and such bond and a copy of the order approving
same shall be filed with the county clerk of the county in which the
largest part of the district is situated. Such clerk shall record
and index the same in the deed records in the manner provided for
recording and indexing deeds. Each director shall take the
official oath before the county clerk of the county in which the
director resides. All bonds and oaths shall be delivered by said
clerks to the district depository and be by it safely kept and
preserved for the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7836. COUNTY OFFICERS: COMPENSATION. Unless otherwise
provided, the duties and powers herein conferred upon the county
judges and members of the commissioners court, and other officers
are made a part of the regular duties of said officials, which they
shall render and perform without additional compensation, and the
county clerk shall receive the same compensation for his services
hereunder as provided for similar services under Chapter 2 hereof.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7837. ORGANIZATION OF BOARD. As soon as possible after
their qualification, the directors shall organize by electing one
of their number president and one as district secretary. When the
board consists of three members, any two directors shall be a
quorum; and when it consists of five members, any three directors
shall be a quorum.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7838. MEETINGS. During the progress of the construction
of any improvement under contract, the directors shall maintain a
regular office within such district, and may in their discretion
when deemed necessary, maintain a regular office in the district
during any other time. The directors shall hold an annual meeting
on the first day of December at ten o'clock A.M. and may provide for
meetings at stated intervals by resolution duly passed, and the
president or any two directors may call special meetings at any time
that may be deemed proper or necessary.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7839. POWERS. The directors shall have control over the
management of all district affairs, shall make all contracts
pertaining thereto, and shall employ all necessary employés for the
proper conduct and operation of such district, including engineers,
bookkeepers and such other assistants and such laborers as may be
required, at such compensation as they may determine, and may
require bonds of any employés in any amount they may determine.
They may employ attorneys to represent such district in the
preparation of any contract or the conduct of any proceedings in or
out of court, and to be the legal adviser of the directors, on such
terms and for such fees as may be agreed upon by them.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7840. POWERS: LIMITATION. Where the district lies
wholly in one county, the directors shall not, after the completion
of the improvements, employ any attorneys as legal advisers of the
district or an engineer for such district, or any other employés,
except with the concurrence and consent of the commissioners court
of such county; and the compensation paid by any such attorney,
engineer, or employéso employed shall be fixed by the directors
subject to the approval of the commissioners court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7841. FURTHER POWERS. The directors may employ a
general manager to have general charge of the work, paying such
compensation as may be agreed upon by the directors. A director may
be appointed as general manager at such compensation as may be fixed
by the other directors, and when so employed he shall also perform
the duties of a director, but shall not receive the compensation to
be paid to the directors. The directors may also buy all necessary
work animals, machinery and supplies and material of all
description as may be required in the construction, operation or
repairing of the improvements of the district, and may do and
perform all things necessary and proper in carrying out the
purposes of said district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7842. OFFICIAL BONDS. All district officers and
employés who may be required to give bond or security may furnish
bonds of surety companies, subject to the approval of the
directors. All such bonds shall be preserved by the directors as
the property of said district. After the organization of a
district, all bonds required of any district officer or employé
shall be approved by the directors.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7843. DISTRICT RECORDS. The directors, through the
secretary, shall keep a true account of all matters and proceedings
of the board, and shall maintain the records of the district in a
secure manner. The preservation, microfilming, destruction, or
other disposition of the records of the district is subject to the
requirements of Subtitle C, Title 6, Local Government Code, and
rules adopted under that subtitle.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43. Amended by Acts 1989,
71st Leg., ch. 1248, Sec. 22, eff. Sept. 1, 1989.
Art. 7844. DISBURSEMENTS. All payments of any district funds
shall be by voucher upon the district depository, and all such
vouchers shall be signed by the president or any two directors. All
vouchers shall be issued from a regular duplicate book containing a
duplicate, which shall be preserved.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7845. DISTRICT DEPOSITORY. The directors shall select a
depository for such district in the same manner as now provided by
law for the selection of county depositories, and such depository
shall be regulated by the same laws as those governing county
depositories. In such selection, the directors shall perform the
same duties as are incumbent upon the county judge and members of
the commissioners court in the selection of county depositories.
Such depository shall make and file reports and preserve the
district records as required of depositories under Chapter 2
hereof.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7846. AUDIT AND REPORT. The directors shall annually
require an audit to be made of the district records and accounts, at
the time and in the manner provided for audits of Water Improvement
Districts under Chapter 2 of this title, and on the first of January
of each year they shall make and file a report of the condition of
the district affairs and other data required of directors of Water
Improvement Districts.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7847. STATUS OF DISTRICT. Any district may by and
through its directors sue and be sued in the name of such district,
and all courts of this State shall take judicial notice of the
establishment of such districts; and said districts shall contract
and be contracted with in the name of such districts. They shall
have a circular seal containing a five pointed star in the center
surrounded by the name of the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7848. SUITS AFFECTING DISTRICT. No suit shall be
brought in any Court of this State contesting the validity or
enjoining the formation of any district, or any bonds issued
hereunder, or in anywise affecting the establishment of the
district, or issuance of bonds by such district, except in the name
of this State by the Attorney General, upon his own motion or upon
the motion of any party affected thereby, upon good cause shown.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7849. PROPERTY RIGHTS. The directors are hereby
empowered to acquire the necessary right of way and property of any
kind or character whatsoever for all necessary improvements
contemplated by this chapter, by gift, grant, purchase or
condemnation proceedings, within or without the boundaries of the
district; and any property acquired may be conveyed to the United
States in so far as the same shall be necessary for the
construction, operation and maintenance of works by the United
States under any contract that may be entered into between the
district and the United States.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7849a. RESISTING WATER CONTROL OFFICER. The directors
of any Water Control and Preservation District and the engineers
and employés thereof are hereby authorized to go upon any land lying
within said district for the purpose of examining same for locating
dams, bulkheads, jetties, locks, gates or any other character of
improvement or construction necessary to the accomplishment of the
purposes of the district, to make maps and profiles thereof, and are
hereby authorized to go upon lands beyond the boundaries of such
districts for the purposes stated and for any other purposes
necessarily connected therewith whether herein enumerated or not.
Any person who shall wilfully prevent or prohibit any such officer
or employé from entering upon such land for such purpose shall be
fined one hundred dollars for each day he shall so prevent or
prohibit such officer or employé.
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7850. EMINENT DOMAIN. The right of eminent domain is
hereby conferred upon all districts for the purpose of condemning
and acquiring the right of way over and through all lands, private
and public, except property used for cemetery purposes, necessary
for making and maintaining dams, bulkheads, jetties, locks, gates
and all other improvements necessary and proper for such
construction. Such right shall extent to any county in this State.
All such condemnation proceedings shall be under the direction of
the directors and in the name of the district; and all compensation
and damages adjudicated in such proceedings shall be paid out of the
"Construction and Maintenance Fund."
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7851. DISTRICT ENGINEER. The directors shall have
authority to employ a competent engineer whose term of office shall
be at the will of the directors. He shall make all necessary
surveys, examinations, investigations, maps, plans, and drawings
with reference to the proposed improvements. He shall make an
estimate of the cost of such improvements, shall supervise the work
thereon, and perform all such duties as may be required of him by
the directors. If any proposed improvement or construction work
necessary to the accomplishment of the purposes authorized in this
chapter requires the permission or consent of the Federal
Government or any department or officer thereof, the directors
shall have authority to obtain such consent, and in lieu of or in
addition to the employment of the district engineer, they shall
have power to adopt any survey of any waters theretofore made by the
United States, and to arrange for surveys, examination and
investigation of the proposed improvements, and supervision of such
work by the United States or the proper department or officer
thereof.
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7852. FEDERAL CO-OPERATION. The directors shall have
full power to co-operate and act with the United States or any
officer or department thereof, in any manner pertaining or relating
to the construction and maintenance of any improvement, whether by
survey, work or expenditure of money made or to be made, either by
the directors or by Federal authority, or both. Such directors
shall have authority to agree and consent to the United States
entering upon and taking the management and control of said work of
construction, repair or reconstruction and maintenance, in so far
as it may be necessary or permissible under the laws of the United
States and the regulations and orders of any department thereof.
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7853. CONSTRUCTION CONTRACTS. If the district
improvements are not carried out by the United States, the
contracts for such improvements shall be let by the directors to the
lowest and best responsible bidder. If more than one improvement is
to be made, the contract may be let separately for each, or one
contract for all such improvements. These rules shall govern the
letting of such contracts: 1. Bids shall be called for by
advertising the same in one or more newspapers of general
circulation in Texas, once a week for four consecutive weeks, and by
posting notices for at least thirty days at the courthouse door of
the counties in the district and four other notices in each county.
2. Any person, firm, or corporation desiring to bid on the
construction of any work so advertised, upon application to the
district secretary, shall be supplied with the surveys and plans
for said work. All bids shall be in writing and sealed and
delivered to the president or district secretary, together with a
certified check for two per cent of the total amount bid. Such
deposit shall be forfeited to the district in case the bidder
refuses to enter into a proper contract and make the necessary bond,
if his bid is accepted or returned to the bidder if his bid is
rejected. Any bid may be rejected at the discretion of the
directors. 3. Each contractor shall give bond payable to the
district in such amount as may be determined by the directors, not
to exceed the contract price, and not less than fifty per cent
thereof, conditioned that he will faithfully perform the
obligations, agreements and covenants of such contract, and that in
default thereof, he will pay to said district all damages sustained
by reason thereof; and such other conditions as may be required by
law of contractors for public work. Said bond shall be approved by
the directors. 4. All contracts shall be in writing and signed by
the contractors and president of the directors and attested by the
district secretary. A copy of same shall be filed with the clerk of
the county in which the largest portion of such district is
situated.
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7854. SUPERVISION OF WORK. All work contracted for,
unless done under Federal supervision, shall be done under the
supervision of the district engineer. When the work is completed
according to the contract, he shall make a detailed report of same
to the directors, showing whether the contract has been fully
complied with according to its terms, and if not, in what particular
it has not been so complied with. The directors shall not be bound
by such report, but may in addition thereto fully investigate such
work and determine whether or not such contract has been complied
with; and while such work is in progress, they shall inspect the
same.
Acts 1918, 35th Leg., 4th C.S., p. 95.
Art. 7855. CONTRACT: PAYMENT. (a) The District shall pay
the contract price of such contracts as hereinafter provided:
(b) The directors shall draw a voucher on the District
depository for the amount of any payments in favor of the contractor
or his assignee. Said vouchers shall be paid out of the
Construction and Maintenance Fund. The District will make progress
payments monthly as the work proceeds, or at more frequent
intervals as determined by the district engineer, on estimates
approved by the district engineer. If requested by the district
engineer, the contractor shall furnish a breakdown of the total
contract price showing the amount included therein for each
principal category of the work, in such detail as requested, to
provide a basis for determining progress payments. In the
preparation of estimates the district engineer, at his discretion,
may authorize material delivered on the site and preparatory work
done to be taken into consideration. Material delivered to the
contractor at locations other than the site may also be taken into
consideration (1) if such consideration is specifically authorized
by the contract and (2) if the contractor furnishes satisfactory
evidence that he has acquired title to such material and that it
will be utilized on the work covered by this contract.
(c) In making such progress payments, there shall be retained
10 percent of the estimated amount until final completion and
acceptance of the contract work. However, if the directors, at any
time after 50 percent of the work has been completed, find that
satisfactory progress is being made, they may authorize any of the
remaining progress payments to be made in full. Also, whenever the
work is substantially complete, the directors, if they consider the
amount retained to be in excess of the amount adequate for the
protection of the district, at their discretion, may release to the
contractor all or a portion of such excess amount. Furthermore, on
completion and acceptance of each separate project, public work, or
other division of the contract, on which the price is stated
separately in the contract, payment may be made therefor without
retention of a percentage.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1971, 62nd Leg.,
p. 2775, ch. 899, Sec. 1, eff. June 14, 1971.
Art. 7856. MAINTENANCE OF DISTRICT. After the full and final
completion of all improvements of the district, and after payment
of all expenses incurred under this chapter, the directors are
authorized to use the funds remaining in the Construction and
Maintenance Fund for the best interest of such district in the
preservation, upkeep, repair and reconstruction of the works of
such district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7857. JOINT PROJECT. Two or more districts may by
contract join in the construction of any improvement and enter upon
any work authorized hereunder, as a joint project, when in the
judgment of the directors of each district, such improvement, work
or construction will be advantageous to the respective districts.
Such contract shall stipulate the pro rata amount to be paid by each
district for such project to provide for its maintenance, repair
and reconstruction, and shall be executed by the directors. Such
project may be undertaken regardless of the location of the
proposed work. Such contract may be enforced and specific
performance compelled by any court of competent jurisdiction.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7858. JOINT ACTION. When improvements are constructed
by two or more districts, bids may be jointly called for and opened
and considered at the designated office of either district, and the
directors of such districts shall approve the letting of the
contract and contractor's bond, and may meet and transact all
business for that or any other purpose concerning such project at a
place outside the district, or at any office established for such
joint project. All bids, bonds, contracts, etc., of said project
shall be in the name of said districts, which are empowered to do
all acts by joint action that one district may do, the action of
each district being determined by its directors. A general
manager, who may be a director of either district, may be employed
for such project, whose duties may be set forth in the joint
ownership contract.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7859. ISSUANCE OF BONDS. Immediately after their
organization, the directors shall enter an order directing the
issuance of bonds for such district within the limits authorized by
the election held therefor, sufficient to cover the cost of the
proposed improvements, all of the expenses incident thereto, and
the expenses necessarily incurred in connection with the creation
and establishment of the district; and they shall levy a tax upon
all property subject to taxation in the district, sufficient to pay
the interest on such bonds, with an amount to be placed in the
sinking fund sufficient to redeem said bonds at maturity, and such
levy shall remain as a levy for such purpose until a new levy is
made.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7860. BONDS: REQUISITES. All bonds issued under this
chapter shall be governed by the provisions of Chapter 2 of this
title governing the issuance, denomination, rate of interest,
maturity dates, manner of payment, proceedings to test validity,
and registration by the Comptroller, of bonds of water improvement
districts.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7861. BONDS: LIMIT OF ISSUE. Said bonds shall not
exceed in amount one-fourth of the assessed valuation of the real
property of such district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(i), eff. Jan. 1, 1982.
Art. 7862. BONDS: RECORD. The directors shall provide a
well bound book in which a record shall be kept by the clerk of the
county in which the largest portion of said district is situated, of
all bonds issued with their numbers, amounts, rate of interest,
date of issue, when due, where payable, the annual rate of tax levy
made each year to provide for interest and sinking fund, and of each
payment made thereon. The district secretary shall furnish said
clerk a certified copy of all orders made in connection with the
issuance and levy and assessment of taxes for the payment of
interest and creating a sinking fund. Said record shall be at all
times open to the inspection of all parties interested in said
district, either as taxpayers or bondholders.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7863. CHANGE IN PLANS. If after an election has been
held for the issuance of bonds, the directors shall consider it
necessary to make any modification or change in any proposed
improvements, they shall, with the concurrence of all the
directors, be authorized to make such change.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7864. ADDITIONAL BONDS. If the directors shall
determine to make additional improvements, works or construction in
order to carry out the purposes for which said district was
organized, or to reconstruct any improvements theretofore made, and
the amount derived from the bonds issued or authorized is not
sufficient, a resolution to that effect shall be duly entered upon
the minutes of the board, and a certified copy thereof presented to
each commissioners court in the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7865. RESOLUTION. Said resolution shall set forth the
proposed work, the amount of bonds to be issued to pay for same,
their rate of interest and maturity dates, and shall embody therein
a request to the commissioners court or courts to order an election
in such counties to vote on such propositions and whether or not a
tax shall be levied to provide for the interest and sinking fund for
such bonds at a day specified in the resolution.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7866. ADDITIONAL BONDS: REQUISITES. The commissioners
court must, on receipt of such resolution, order an election on the
day specified therein. Notice of such election shall be given,
returns made, result declared, orders entered, tax levied,
certified, assessed and collected, and all other matters applicable
shall be performed in the same manner as herein provided in case of
elections for original bonds. All provisions as to the issuance,
approval, validation, registration, recordation and sale of
original bonds shall be applicable to such additional bonds.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7867. ADDITIONAL BONDS: BALLOT. The ballot for such
election shall have printed thereon the words and none other: "For
the issuance of additional Water Control and Preservation Bonds and
levy of tax in payment thereof;" "Against the issuance of
additional Water Control and Preservation Bonds and levy of tax in
payment thereof."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7868. BONDS: SALE. After registration of said bonds by
the Comptroller, the directors shall sell the same on the best terms
and for the best price possible, not less than their face value and
the accrued interest thereon; or they may exchange bonds in payment
of the contract price for work to be done for the use and benefit of
said district. All moneys received from the sale of bonds shall be
forthwith paid to the district depository.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7869. CONSTRUCTION AND MAINTENANCE FUND. There is
hereby created a "Construction and Maintenance Fund" of such
district, which shall consist of all moneys received from the sale
of bonds and all other amounts received by said district from
whatsoever source, except the tax collections applied to the
interest and sinking fund on bonds. All expenses of any kind prior
to and after the filing of the original petition necessarily
incurred in connection with the creation, establishment and
maintenance of any district, and improvements, repairs, cost of
maintenance, salaries of all officers and employ%21es, and all
expenditures for any purposes of the district shall be paid out of
such fund.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
Art. 7870. TAX LEVY. The directors shall annually levy and
cause to be assessed taxes upon all property within said district
sufficient to pay the expenses of assessing and collecting same,
and a tax sufficient for the expenses incident to the maintenance of
the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
Art. 7871. ASSESSMENT AND COLLECTION OF TAXES. The county
tax assessor-collector shall assess and collect the taxes levied by
the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 32; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
Art. 7877. MAINTENANCE TAX. The directors shall have
authority as occasion may require, in their discretion, to levy a
tax on all property within such district in an amount sufficient to
pay for the proper maintenance, operation and repair of any dams,
bulkheads, jetties, locks, gates or any other improvement
constructed by said district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
Art. 7879. INTEREST AND SINKING FUND. There is hereby
created an "Interest and Sinking Fund" for such district, and all
taxes collected under this chapter for the payment of bonds and
interest thereon shall be credited to such fund and shall never be
paid out except for the purpose of satisfying and discharging the
interest on said bonds, or for the payment, cancellation and
surrender of said bonds. At the time of such payment, the
depository shall receive and cancel any interest coupon so paid or
any bond so satisfied or discharged, and when such coupon or bond
shall be turned over to the directors, the account of such
depository shall be credited with the amount thereof, and such
coupon or bond shall be cancelled and destroyed.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
Art. 7880. MAY INVEST SINKING FUND. The directors are
empowered, whenever they deem it advisable, to invest any sinking
fund of the district in bonds of the United States, of this State,
of any county of Texas, any irrigation or water improvement or
navigation bonds, or bonds of any school district in Texas
authorized to issue bonds. No bonds shall be so purchased whose
terms provide for their maturity at a date subsequent to the time of
the maturity of the bonds for the payment of which such sinking fund
was created.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43; Acts 1979, 66th Leg.,
p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.