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 employé so 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.
