§ 17A-11. Consent of city to creation and establishment of district; terms and conditions.

Upon the following terms and conditions the City of Irving (hereinafter referred to as "city") hereby grants its consent to the creation and establishment of a conservation and reclamation district and a flood control district to be designated as "Irving Flood Control District of Dallas County, Texas" (hereinafter referred to as "district") which is situated exclusively within the corporate limits of said city, containing approximately seven hundred (700) acres below elevation four hundred twenty-eight (428) generally described as being bounded generally on the south and west by Carpenter Freeway, State Highway 114 and State Highway Spur 348 and bounded generally on the north and east by the existing Northwest Levee which was originally constructed by Dallas County Levee Improvement District No. 5.

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

(a)

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 along and contiguous to rivers, creeks and streams and to add to and rebuild all works and improvements within the district necessary to fully accomplish any plan of reclamation adopted by the district, and to make any and all necessary constructions, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary land, rights-of-way, easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same. Such bonds issued by the district, other than refunding bonds, shall only be sold after the taking of public bids therefor, and no such bonds shall be sold for less than their par value.

(b)

The district shall submit the plans and specifications for the construction of said improvements to the city for approval and the district must obtain the approval thereof by the city before commencing construction thereof. The construction of said improvements shall be in accordance with any approved plans; specifications and applicable standards of the City of Irving, and during the progress of the construction and installation of such facilities representatives of the City of Irving may make periodic on-the-ground inspections, and no such construction shall be started or undertaken by the district unless it has in its possession the following:

(1)

A certificate of the district's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that, in his opinion, such construction conforms to any established standards and specifications of the city, and a letter or certificate of the city manager of said city (or his successor or designee) that such construction conforms to said city's established standards and specifications and that the plans and specifications have been approved by the city. Moreover, the owner or the developer of the land referred to herein hereby covenants and agrees that he or they will, prior to the sale of any lot or parcel of land, obtain the approval of the planning commission of the City of Irving of a plat and properly record it, and otherwise comply with the rules and regulations of the planning commission of the said city.

(c)

Land will be added to the district only after written consent thereto by the city and subject to the same or similar terms and conditions contained herein.

(d)

The district further agrees that the act creating the district must be approved by the city council and that no amendments will be made thereto without the prior consent of the city. Such act will contain among others the following specific provisions:

(1)

That in the event the district, through the exercise of eminent domain, makes necessary the relocation, raising, or any alteration of any highway, railroad, public utility facilities, that the same shall be at the sole expense of the district unless the owner of the facility relocated or altered has an existing legal obligation to pay such expenses, in which event the expense shall be borne by the owner;

(2)

That the district will be empowered to enter into contracts with the City of Irving for the maintenance of any facility or improvement of the district and to enter into contracts with the tax assessor and collector of said city to prepare the tax rolls of the district and assess and collect the district's taxes; and

(3)

That the city shall have the right to dissolve the district at their discretion in the same manner and under the same terms and conditions prescribed in Article 1182c-1, V.A.C.S. for the abolishment of a water control and improvement district by a city.

(Ord. No. 2051, § 1, 12-22-70)