Texas Special District Local Laws Code Chapter 7803 - Irving Flood Control District § I

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 7803.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "Director" means a member of the board. (3) "District" means the Irving Flood...
• Texas Section 7803.002 - Nature Of District
  The district is a conservation and reclamation district and a flood control district created under and essential to accomplish the purposes of Section 59, Article...
• Texas Section 7803.003 - Findings Of Benefit And Public Purpose
  (a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from...
• Texas Section 7803.004 - District Territory
  (a) The district is composed of all territory in the boundaries described by Section 2, Chapter 135, Acts of the 62nd Legislature, Regular Session, 1971,...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 7803.005 - Dissolution And Abolition Of District
  The City of Irving may dissolve and abolish the district at the municipality's discretion on written notice of the dissolution and abolition to the board,...
• Texas Section 7803.051 - Composition Of Board; Terms
  The board consists of seven elected directors who serve staggered terms. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff....
• Texas Section 7803.052 - Eligibility For Office
  A director must own land in the district subject to taxation at the time the director qualifies for office. Added by Acts 2013, 83rd Leg.,...
• Texas Section 7803.053 - Director's Bond
  (a) Each director shall qualify by giving bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The bond must...
• Texas Section 7803.054 - Board Vacancy
  (a) Except as provided by Subsection (b), a vacancy on the board shall be filled by appointment to the unexpired term by the remaining directors....
• Texas Section 7803.055 - Board President; Absence Of Board President
  (a) The board may authorize the president to sign all orders or take other action. (b) Any order adopted or other action taken at a...
• Texas Section 7803.056 - Secretary's Duties
  The board secretary shall keep accurate minutes and may certify to any action the board takes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112...
• Texas Section 7803.057 - Treasurer
  (a) The board may appoint a district treasurer. (b) The district treasurer shall give bond in an amount required by the board, conditioned on the...
• Texas Section 7803.058 - Compensation
  Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director shall receive a per diem payment...
• Texas Section 7803.059 - Designation Of Director To Act On District's Behalf
  The board may designate one or more directors who, on behalf of the district, may execute all contracts, including a construction contract, sign checks, or...
• Texas Section 7803.060 - District Office
  (a) The board shall designate, establish, and maintain a district office inside the district. (b) The board may establish a second district office outside the...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 7803.061 - Records
  The board shall keep and maintain complete and accurate accounts and records, which shall be kept at the district's principal office and be open to...
• Texas Section 7803.101 - Levee Improvement District Powers
  (a) The district has the rights, powers, privileges, and functions applicable to a levee improvement district created under the authority of Section 59, Article XVI,...
• Texas Section 7803.102 - Annexation Of Land
  (a) The district may annex land in the manner provided by Subchapter J, Chapter 49, or Subchapter O, Chapter 51, Water Code, to the extent...
• Texas Section 7803.103 - Eminent Domain
  (a) The district may exercise the power of eminent domain in Dallas County to acquire the fee simple title to or an easement or right-of-way...
• Texas Section 7803.104 - Cost Of Relocating Or Altering Property
  (a) In this section, "sole expense" means the actual cost of: (1) relocating, raising, rerouting, changing the grade of, or altering the construction of a...
• Texas Section 7803.105 - Contracts For Facilities And Improvements; Election Not Required
  (a) The district may enter into a contract with the United States, the City of Irving, another public body, or an individual, corporation, or other...
• Texas Section 7803.106 - Contracts Over $25,000
  Sec. 7803.106. CONTRACTS OVER $25,000. (a) A contract involving an expenditure of more than $25,000 for the construction of a district facility or improvement or...
• Texas Section 7803.107 - Construction Contracts: Execution And Availability
  (a) A construction contract must be in writing and signed by the contractor and: (1) the president and secretary of the board; or (2) a...
• Texas Section 7803.108 - Construction Contracts: Payment
  (a) A construction contract may be paid for in partial payments as the work progresses, based on estimates approved by the district's engineer. (b) The...
• Texas Section 7803.109 - Flood Hazard Areas
  (a) The board by resolution shall designate flood hazard areas in the district if the board finds that the public health, safety, and general welfare,...
• Texas Section 7803.110 - Setback Lines: Resolution, Notice, And Hearing
  (a) The board may establish and maintain building setback lines along any waterway in the district for the purpose of promoting the public health, safety,...
• Texas Section 7803.111 - Setback Lines: Effect On Landowners
  (a) Except as otherwise provided by this section, after the establishment of building setback lines under Section 7803.110, a structure may not be erected within...
• Texas Section 7803.112 - Legislative Intent
  Sections 7803.110 and 7803.111 are intended to give the board the right to protect from encroachment those areas that need to be protected from encroachment...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 7803.113 - Notice Of District Elections
  Notice of a district election must be published once in a newspaper with general circulation in Dallas County and in the district at least 20...
• Texas Section 7803.151 - Tax Method
  (a) The district shall use the ad valorem plan of taxation, including for any separately defined area annexed under Subchapter F. (b) The board is...
• Texas Section 7803.152 - Assessment And Collection Of Taxes
  (a) The tax assessor and collector for the City of Irving shall assess and collect taxes for the district. (b) The tax assessor and collector...
• Texas Section 7803.153 - Certification Of Tax Rate
  Each year, the board shall certify to the tax assessor and collector for the City of Irving the rate or rates of tax that the...
• Texas Section 7803.154 - Payment Of Tax Or Assessment Not Required
  The district is not required to pay a tax or assessment on: (1) district property; or (2) a purchase made by the district. Added by...

SUBCHAPTER E BONDS

• Texas Section 7803.155 - Depository
  (a) The board shall designate one or more banks inside or outside the district to serve as the depository for the district's money. (b) All...
• Texas Section 7803.201 - Authority To Issue Bonds
  The board may issue district tax bonds to acquire money to carry out any district power or accomplish any district purpose under this chapter. The...
• Texas Section 7803.202 - Form Of Bonds
  District bonds and their related interest coupons shall be signed and executed as provided by the board in the order authorizing the issuance of the...
• Texas Section 7803.203 - Maturity
  District bonds must mature not later than 40 years after their date of issuance. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026),...
• Texas Section 7803.204 - Election Required
  (a) The district may not issue bonds, other than refunding bonds, unless the bonds are authorized by a majority vote of the district voters voting...
• Texas Section 7803.205 - Use Of Bond Proceeds During Construction
  (a) The board may set aside part of the bond proceeds to: (1) pay interest on the bonds during the period of construction of improvements...
• Texas Section 7803.206 - Taxes For Bonds
  The board may impose continuing direct annual ad valorem taxes on all taxable property in the district sufficient to: (1) provide for the payment of...
• Texas Section 7803.207 - Preliminary Bonds
  (a) The district may issue preliminary bonds, which need not be designated as such, to provide a fund to pay: (1) the cost of making...

SUBCHAPTER F DEFINED AREAS

• Texas Section 7803.208 - Exchanging Bonds For Property Or Work
  The district may exchange bonds: (1) for property acquired by purchase; or (2) in payment of the contract price of work performed for the use...
• Texas Section 7803.251 - Authority To Annex Defined Area
  (a) In addition to annexing land under Section 7803.102, the board may annex land to the district as a separately defined area on the petition...
• Texas Section 7803.252 - Notice Of And Hearing On Petition To Annex Defined Area
  (a) On receipt of a petition under Section 7803.251, the board by order shall set a time and place for a hearing on the petition...
• Texas Section 7803.253 - Order Annexing Defined Area
  (a) The board by order may designate an area as a separately defined area and annex the area to the district if, on hearing a...
• Texas Section 7803.254 - Election Required
  (a) Annexation of a separately defined area is not final until ratified by a majority vote of the voters in the defined area voting at...
• Texas Section 7803.255 - Numbering Of Defined Areas
  All annexed separately defined areas shall be numbered in consecutive order. The first separately defined area shall be designated as "Irving Flood Control District of...
• Texas Section 7803.256 - Administration Of Defined Area
  (a) The board shall administer all business incident to any separately defined area annexed under this subchapter. (b) Each annexed separately defined area shall pay...
• Texas Section 7803.257 - Powers And Duties Of Defined Area
  Except as otherwise provided by this subchapter, or where in conflict with this subchapter, an annexed separately defined area has the rights, duties, restrictions, and...
• Texas Section 7803.258 - Taxation; General Provisions
  (a) An annexed separately defined area is a separate tax area for the payment of all indebtedness incurred for improvements constructed on authorization of the...
• Texas Section 7803.259 - Bonds; General Provisions
  (a) After a separately defined area is annexed, the board may issue tax bonds clearly entitled by the designation of the defined area to acquire...
• Texas Section 7803.260 - Preliminary Bonds
  Preliminary bonds for a separately defined area may be issued for the same purposes, under the same requirements, and of like effect as under Subchapter...

Last modified: September 28, 2016