§ 13A-11. Approval and consent of city to creation and establishment of district; conditions of consent.

The city hereby grants its approval and consent to the creation and establishment of a conservation and reclamation district to be designated as "Dallas County Levee Improvement District No. 17" (hereinafter referred to as "district") containing approximately one thousand seven hundred thirteen (1,713) acres of land situated wholly within Dallas County, Texas and wholly within the corporate limits of the City of Irving and the City of Grand Prairie, Texas.

The consent herein granted is expressly conditioned upon and subject to full and complete compliance with the following terms and conditions:

(a)

The district will submit plans and specifications for the construction of improvements to the city for its approval and obtain approval thereof before commencing construction of improvements. All construction shall be in accordance with any approved plans, specifications and applicable standards of the city, and during construction and installation of such facilities, the city may make such inspections as are deemed appropriate, and may charge appropriate fees or charges as set forth by city codes or ordinances.

(b)

Prior to beginning construction, the district must obtain a certificate of the district's engineer that the construction conforms to any approved plans, specifications and standards of the city; and a letter or certificate of the city manager of the city (or his designee) that the proposed construction conforms to the city's standards and that plans and specifications have been approved by the city.

(c)

Land may be added to the district only after written consent by the city, and such land will be subject to the same terms and conditions contained herein.

(d)

In the event the district makes necessary the alteration of any highways, railroads, water or sewer lines or other utility facilities, the same shall be at the sole expense of the district, unless the owner of the facility altered has an existing legal obligation to pay such expense, but in any event no expense or charge shall be made or expected to be made against the city.

(e)

The owner or developer of all land contained within the district must comply with all applicable rules and regulations of the planning committee of the city, and all zoning ordinances, building codes and other codes applicable to the development of land within the city.

(f)

The district may issue construction bonds only for the purpose of constructing, building, completing and carrying out levees, storm sewer systems, drainage facilities and other improvements necessary to fully accomplish any plan of reclamation adopted by the district, and to make all extensions, additions and repairs thereto, and purchase or acquire all necessary sites, rights-of-way and easements, and to operate and maintain the same. Prior to and as a condition to issuance of bonds for such purposes the district shall obtain the approval of the city.

(g)

The district will hold the city harmless from any and all claims arising out of the plan of reclamation adopted by the district, construction of improvements authorized thereunder, and acquisition of necessary sites and easements, and defend and indemnify the city against any such claims and/or liability resulting therefrom.

(Ord. No. 2801, § 1, 9-25-75)