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.