SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE E. LEVEE IMPROVEMENT DISTRICTS
CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7805.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Irving Flood Control District Section III of Dallas County.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.002. NATURE OF DISTRICT. (a) The district is established under Section 59, Article XVI, Texas Constitution, and Chapter 7803.
(b) The district is a separate and independent conservation and reclamation district and a political subdivision of this state.
(c) The district is a separately defined area of Irving Flood Control District Section I.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.003. DISTRICT TERRITORY. The district is composed of the territory located within the redefined boundaries of the district filed in the deed records of Dallas County, Texas, on October 1, 1983, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7805.051. COMPOSITION OF BOARD; TERM. (a) The board is composed of five directors appointed by the city council of the City of Irving, Texas.
(b) Directors serve staggered two-year terms, with the terms of two directors expiring on the second Tuesday in January of each even-numbered year and the terms of three directors expiring on the second Tuesday in January of each odd-numbered year.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.052. QUALIFICATIONS FOR OFFICE. A director must own land in the district or be a resident of the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.053. DIRECTOR'S BOND. As soon as possible after appointment, each director shall qualify for office and execute a sufficient bond in the amount of $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's duties.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.054. QUORUM; VOTE REQUIRED. A quorum consists of three directors. An action or recommendation of the board requiring a vote of the board is not valid unless:
(1) the action or recommendation is approved by a record vote taken at a meeting of the board with a quorum present; and
(2) the action or recommendation receives at least three affirmative votes by board members.
Added by Acts 2017, 85th Leg., R.S., Ch. 322 (H.B. 2064), Sec. 1, eff. June 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7805.101. GENERAL DISTRICT POWERS. The district has the rights, powers, purposes, and functions provided by Chapter 7803 of this code and Chapter 49, Water Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.102. CONFLICTS OF LAW. (a) If a provision of Chapter 7803 is in conflict or inconsistent with this chapter, this chapter controls.
(b) The provisions of Chapter 7803 not in conflict or inconsistent with this chapter continue in effect.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING FUNCTIONS. The district may not:
(1) engage in any police or firefighting functions; or
(2) spend any district money or issue bonds for any police or firefighting function.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
SUBCHAPTER D. BONDS AND TAXES
Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. (a) The district may issue and sell all unissued bonds that have been authorized at an election held in the district.
(b) The district may impose an ad valorem tax on all taxable property in the district to pay the principal of and interest on the bonds.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS. The district shall assume and be responsible for all outstanding indebtedness and existing contracts.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES. The district may impose a maintenance tax that has been previously authorized at an election held in the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.154. REFUNDING BOND ELECTION. (a) The district may refund any outstanding bonds with the approval of district voters voting at an election held by the district.
(b) The election shall be held as provided by Chapter 7803. The ballot shall:
(1) be printed to provide for voting for or against the proposition: "For the issuance of refunding bonds and the levy of taxes in payment of those bonds."; and
(2) state the maximum interest rate and maturity applicable to the refunding bonds.
(c) The rate and maturity may exceed the maximum rate and maturity applicable to any outstanding bonds being refunded.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Sec. 7805.155. BOND ANTICIPATION NOTES. (a) In addition to all other methods of acquiring funds for district purposes, the district may issue bond anticipation notes for any purpose for which district bonds have been voted or may be issued to refund outstanding bond anticipation notes and the interest on the notes being refunded.
(b) The notes may bear interest at any rate not to exceed the maximum interest rate applicable to the district's authorized bonds.
(c) The notes shall mature within one year of the date on which they are issued.
(d) The maximum amount of the notes outstanding at any one time may not exceed $500,000 without the prior consent of the City of Irving, Texas.
(e) The district shall pay the notes only from the proceeds of the sale of bonds by the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.