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Statutes > Texas > 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.

State Codes and Statutes

Statutes > Texas > 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > 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.

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