NW Dallas-AG050308T H E G
AGENDA REQUEST FORM COF
X �
a
ITEM CAPTION:
Consider approval of entering into an Interlocal Agt
for sediment removal from box culverts beneath l
Drive, in an amount of $17,964 as provided for in
N44ftatri,f to sign.
APPRi
CITY
ON AB
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this agreement will allow the City to
Control District using funds collected from the D
beneath MacArthur Blvd.
Staff recommends approval of the interlocal al
will be available to answer any questions at the
FINANCIAL COMMENTS: Funds for this agre
accounts.
Agenda Request Form - Revised 09/04
%i✓1 CL� Q�Z, c, Ile,
T " a F DE Engineering
'ELL 0
DATE: March 8, 2005
�J
5 q ITEM #: WE
lent with Northwest Dallas County Flood Control District
Arthur Boulevard, near its intersection with Riverchase
Drainage Utility District fund; and authorizing the G3'
WED BY
OUNCIL
WE DATE
Motion to Approve
M - Raines
S - Faught
^
IbbY Ball
005 03 1
1 i5.51.aJ
Vote — 7-0 06'00'
icipate in a project with Northwest Dallas County Flood
ge Utility District to remove silt from two box culverts
t with Northwest Dallas County Flood Control District and
1 meeting.
will be provided by the Drainage Utility District
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Document Name: #Interlocal
2�
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FINANCIAL COMMENTS: Funds for this agre
accounts.
Agenda Request Form - Revised 09/04
%i✓1 CL� Q�Z, c, Ile,
T " a F DE Engineering
'ELL 0
DATE: March 8, 2005
�J
5 q ITEM #: WE
lent with Northwest Dallas County Flood Control District
Arthur Boulevard, near its intersection with Riverchase
Drainage Utility District fund; and authorizing the G3'
WED BY
OUNCIL
WE DATE
Motion to Approve
M - Raines
S - Faught
^
IbbY Ball
005 03 1
1 i5.51.aJ
Vote — 7-0 06'00'
icipate in a project with Northwest Dallas County Flood
ge Utility District to remove silt from two box culverts
t with Northwest Dallas County Flood Control District and
1 meeting.
will be provided by the Drainage Utility District
��n C�
Document Name: #Interlocal
WHEREAS, the City of Coppell, T
Northwest Dallas County Flood Control
enter into this Interlocal Agreement,
removal of sediment from existing culverts
WHEREAS, the Texas Interlocal C
hereinafter referred to as "the City," and the
hereinafter referred to as "the District" desire to
referred to as "the Agreement," relative to
MacArthur Blvd.; and
Act, contained in Chapter 791 of the
Texas Government Code, authorizes Texas rocal governments to contract with one or more
other local governments to perform
Act; and
WHEREAS, the City and the District
the citizens of Coppell and the District;
NOW, THEREFORE, THIS A
City and the District for the mutual
and conditions, as follows:
The City and the District acknowledge
functions and services under the terms of said
that this Agreement is in the best interest of
, is hereby made and entered into by the
stated herein, subject to the following terms
I.
the removal of sediment will be performed in
accordance with specifications included in t�e bid that was opened on December 2, 2004 for
"Sediment Removal at Sump #11 ". The
two 7'x5' box culverts located on
Riverchase Drive, as shown on Exhibit 2
of the sediment removal is from the existing
Blvd. immediately north of its intersection with
Nathan D. Maier Consulting Engineers, Inc. The
City and the District agree that the City will pay the amount of $17,964 for the removal of the
INTERLOCAL AGREEMENT PAGE 1
sediment as shown in Item #A.1. in the bid t,
District agree that the $17,964 will be
on, attached as Exhibit 3. The City and the
with the District and that the District will
administer the project and cause the removal of the sediment from the existing two 7'x5' box
culverts beneath MacArthur Blvd. near its intc rsection with Riverchase Drive.
II.
This Agreement may not be assigne It embodies the entire agreement between the
parties and may not be amended except in wri ing.
III
In the event of any disagreement r conflict concerning the interpretation . of this
Agreement, and such disagreement cannot bc resolved by the signatories hereto, the signatories
agree to submit such disagreement to mediati n.
No modifications or amendments to
signed by the signatories hereto or their heirs,
IV.
Agreement shall be valid unless in writing and
V.
and assigns.
This Agreement shall be governed bA and construed in accordance with the laws of the
State of Texas. Venue for any action arisint under this Agreement shall lie in Dallas County,
Texas.
This Agreement shall become a
all signatories hereto. The District w;
Agreement on behalf of the District has
District to the same. The City warrants
INTERLOCAL AGREEMENT PAGE 2
VI.
ig obligation on the signatories upon execution by
and represents that the individual executing this
authority to execute this Agreement and bind the
nd represents that the individual executing this
Agreement on behalf of the City has full au
the same.
This Agreement shall be filed in the
EXECUTED this e day of _
to execute this Agreement and bind the City to
I.
records of Dallas County, Texas.
2005, by the Northwest
Dallas County Flood Control District, and by the City of Coppell Resolution adopted on the day
of , 2005.
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
By:
Wayne e ld
President
ATTEST:
APPROVED AS TO FORM:
Attorney
INTERLOCAL AGREEMENT PAGE 3
CITY OF COPPELL, TEXAS
By:
Dot
Mayor
ATTEST:
� A t
Lt by Ball
City Secretary
APPROVED ASJO FORM:
Robert E. ffa€
City Attorney
(Intention
INTERLOCAL AGREEMENT PAGE 4
T1
Left Blank)
i)
REMOVE SILT FROM
EXISTING 2 -7x5
BOX CULVERTS
r
---- -- -- - - __ rx wuIHW STER RAILRQA
NORTHWEST DALLAS COUNTY evh,b -t n
NATHAN D. MAIER FLOOD CONTROL DISTRICT 2
Epv CONSULTING ENGINEERS, INC. THE CITY OF COPPELL
EX ilBIT 2 DALLAS COUNTY, TEXAS
eesgn j e.a.n scope _ eote I f - ���mbe.
Two Northpark / 8080 Park Lane , Suite 600
Dallas, Texas 75231 / (214) 739 -4741 NOtJ NOM t" =200' t /OS EXHIBIT 87t50J
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EXHIBIT 3
MEM
DEPARTMENT
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of
Date: March 8, 2005
RE: Consider approval of entering into an
Flood Control District for sedimen
Boulevard, near its intersection with R
for in the Drainage Utility District fun(
The City of Coppell was recently contacted by
Flood Control District (The District) concern:
includes the removal of silt from ponds that e)
Riverchase Golf Course property. Based on
Nathan D. Maier Consulting Engineers, Inc., t
MacArthur Blvd. and Riverchase Dr. create po
Estates, The Hollows at North Lake Woodl,
apartment complexes of Jefferson at Riverch,
businesses located in Coppell Crossing.
The District opened bids on the Silt Removal Pr
such a way that all work within the District's pc
was bid as the base bid, with an alternate prc
MacArthur Blvd. near its intersection with Ri,
Technology in an amount of $224,104. That
$206,140 and a proposed cost to the City of (
contract to do the silt removal from the ponds ar
of the silt from the culverts beneath MacArthur 1
UM
TTHE
F ENGINEERING
lic Works
aterlocal Agreement with Northwest Dallas County
removal from box culverts beneath MacArthur
erchase Drive, in an amount of $17,964 as provided
and authorizing the City Manager to sign.
engineer representing the Northwest Dallas County
a project which they are going to undertake that
in The District's area, generally located within the
,od studies performed by The District's engineer,
silt within the existing ponds and culverts beneath
ial flooding problems for homes within Riverchase
>, North Lake Woodlands East Section 10C, the
Stoneleigh at Riverchase and several commercial
ect on December 2, 2004. The bid was structured in
Is, generally located on the Riverchase Golf Course,
.ded for silt removal from the box culvert beneath
rchase Dr. The overall low bid was from Sludge
iid was broken out with a cost to The District of
ippell of $17,964. The District has already let the
has requested that the City participate in the removal
vd. in an amount of $17,964.
The Northwest Dallas County Flood Control Dis rict was created by the 69th Legislature in 1985. They
were created as a "Conservation and Reclarnal 'on District to operate and exist as a governmental
agency, a body politic and corporate, and a po itical subdivision of this State ". Because they were
created as a political subdivision of the State, the Texas Interlocal Cooperation Act, contained in
Chapter 791 of the Texas Government Code, al lows the City of Coppell to enter into an agreement
with The District to perform functions and servicps.
Attached to this agenda item is an interlocal a
Dallas County Flood Control District which stE
the amount of $17,964 for removal of silt from
removal of silt from those box culverts will elir
area. As noted in the January 21, 2005 letter frc
this is the first step of several to remove silt fr(
,ement between the City of Coppell and Northwest
, in Article I that the City agrees to pay The District
0 7'x5' box culverts beneath MacArthur Blvd. The
ate the potential flooding of residential homes in the
the Northwest Dallas County Flood Control District,
The District's property and culverts to restore flood
"CITY OF COPPELL ENGINEIERING - EXCELLENCE BY DESIGN"
protection to the area. The District is current]
located within their district and also from the cI
been completed and bid, The District will agai:
remove the silt from the culverts. The removal
one of the activities noted in the "Best Manager
of which we recently began collecting fees via tl
Staff recommends approval of the interlocal
Dallas County Flood Control District in an
questions at the Council meeting.
working on plans to remove silt from other ponds
ierts beneath Riverchase Dr. Once those plans have
approach the City about participation in the cost to
f silt from the culverts and the free flow of water is
;nt Practices" of our Storm Water Management Plan,
Drainage Utility District to implement.
It between the City of Coppell and the Northwest
of $17,964 and will be available to answer any
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Northwest Dallas Count
January 21, 2005
Mr. Ken Griffin, P.E.
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
RE: Northwest Dallas
Sump 11— Silt
Request for Pa
Dear Mr. Griffin:
The Northwest Dallas County Flood Control
above referenced project located at the Rivet
project was publicly bid and includes removi
maintenance responsibilities. As a part of th
item for removing the silt located inside the
Riverchase Drive. This item was kept separ,
Coppell's (The City) request because The Ci
The District's Engineer, Nathan D. Maier Co
performed an updated hydraulic study of The
accumulation within the box culverts under N
Riverchase), as well as the 4 -8x4 and the 5 -8:
The City - (shown in Exhibit 3 and 4) will cal
year storm event. A map of The District sho`
information (Exhibit 1).
The District is removing silt from the sumps
District is currently working on plans and do
(Exhibit 3 and 4) as well, and will structure 1
alternate bids for removal of silt in the culve
change order to the Sump 11 project; othery
timing will be such that the new project will
work at Sump 11.
The low bidder for the Sump 11 project is S
for the alternate bid item to clean the box cu
information. The District respectfully reque
the work to remove silt from the 2 -7x5 box
The District's Engineer completes plans for
Riverchase Drive, The District requests The
removal from the 4 -8x4 and 5 -8x4 box cult'
F Flood Control District
v Flood Control District
Project
)istrict (The District) recently solicited bids for the
tease Golf Course in the City of Coppell. The
g silt from Sump 1 I as part of The District's
bid package, The District included an alternate bid
7x5 box culverts under MacArthur Blvd near
from The District's project at the City of
owns the box culverts.
tlting Engineers, Inc. (NDMCE) has recently
istrict. The results of the study show that silt
:Arthur Blvd (the 2 -7x5 culverts near
culverts under Riverchase Dr. — also owned by
flooding in the surrounding area during a 100 -
ig these elevations is attached for your
a part of the maintenance for their facilities. The
nents to perform silt removal in the other sumps
project similar to Sump 11 — there will be
The District will attempt to add that work as a
it will become a separate project. However, the
awarded so it may start immediately following the
ige Technology with a bid of $224,104. The cost
ert is $17,964. A bid tab is attached for your
The City's participation in funding the portion of
lverts under MacArthur Blvd. In addition, when
e remaining sumps and box culverts under
ity's participation in funding similar portions (silt
s) of that work.
2700 Valley View Lane, Dallas, TX 75244 -4925 Office:9721241 -3231 Fax: 9721241 -3237
It is our understanding that The City discuss
discuss the Sump I 1project. We understand
of MacArthur Blvd. that experiences floodin
culvert under MacArthur Blvd. The District
responsibility The District has will be consic
removal of the remaining sumps).
If you have any questions, please contact our
our request.
Sincerely,
Wayne Reynolds, President
Cc: Brian LaFoy, P.E. — NDMCE
I an area of concern with NDMCE at the meeting to
here is an area within The District, and to the west
due to a grading problem downstream of a pipe
✓ill review this issue with our Engineer and any
red during the next construction project (silt
or us. Thank you for your consideration of
CONTROL DISTRICT
/� PINE HURSS
I
GLORY HOLE
fl
F GABION
SPILLWAY #5
� ra
E �R'
— R�vERCH A
' 4 -8x4 BOX-/
CULVERTS
C.
-NDVNATHAN D. MAIER
CONSULTING ENGINEERS, INC.
Two Northpark / 8080 Park Lane / Suite 600
Dallas, Texas 75231 / (214) 739 -4741
T 3
ng
SWALE -'
7,
i
18 !
c � ;
FLOOD CONTROL DISTRICT
exhibit no.
3
THE CITY OF COPPELL
DALLAS COUNTY TEXAS-
I date
hie name
I� ber
NOM
NOM
1" =200'
1/05
EXHIBIT
87150)
/,riSEMENT FOR
BIDS
A NO. 87- 12 -150.F
sealed Competitive propos-
als as set forth and required
in the specifications (either of
which shall hereinafter be
referred to as "The Bid ")
addressed to the Northwest
Dallas County Flood Control
District (The District) will be
received at the office of
Nathan D. Maier Consulting
Engineers, Inc. ( NDMCE)
until 2:00 p.m.. September
3. 2004 for the following:
2004 Sump #11 Sediment
Removal
This project consists of the
removal of sediment in a 5.6
acre pond within the District
on the Riverchase Golf
Course in Coppell, Texas.
Instructions to Bidders:
Proposal packets ( "Project
Documents ") may be
obtained from the NDMCE
office, 8080 Park Lane, Suite
600, Dallas, Texas 75231.
A pre -bid conference will be
held at 10:00 a.m.. August
31, 2004 at the Riverchase
Golf Club, 700 Riverchase
Drive, Coppell, Texas 75019.
8/19 -26
PUBLISHER'S AFFIDAVIT
The State 0 Texas
COUNTY OF
BEFORE ME, ME, THE ONDERSIGNED NOTARY PUBLIC in and for said County,
State of Texas, this Pay personally came and appeared THE PUBLISHER, to
me well known, and ho after being by me duly sworn, did depose and say:
That he is the pub Sher of THE DAILY COMMERCIAL RECORD, a daily
Newspaper publish d at Dallas, Dallas County, Texas, and that the notice
hereto attached was ublished in said newspaper on the following dates, to wit:
Sworn to and
'��° l • MINNIE
1- Notar�i Publi
� °Ay comet
9n K1pZ �aa
. • R�:.,,�� 0812
PROMPT PAYMENT IS APPRECIATED.
E. NUEL CATES, JR.
Publisher
ed before me this day of 20
RANKLIN
State of Texas
;Ion Expires otary Public, Dallas County, Texas
12004
« « «« Please Identify Your Payment With *e Above Invoice Number » » »»
J< 5D�
Feb 28 05 10:49a Nathan D MaieriC.E. 2147395961 p.2
Addendum No.
21004 SUMP #t I St DIMENT REMOVAL
for
NORTHWEST DALLAS COU 'TY FLOOD CONTROL DISTRICT
7/04
To: All Plan Holders of Record
This addendut forms part of the Contract Docuii eats and modifies the Contract Documents and
Specifications as noted below. Ackno vtedge rec pt of -the Addendum in the space provided on the Bid
F orm and on the outer tm elope of the Bid Propo al. Failure to ackwv,N ledge receipt of this Addendum
3t:ay subject the Bidder to disqualitication.
This addendum consists of 2 pages acid 4 attac
SPE( IF !C:A'hlONS
1. Section 00004 - '`Tentative Scheduic "-
Pa2e - 1: Make the foilowing revi ti
( )pen Bids
Award Contract
Notice to Proceed
Preconstruciion'\'leetin�
Star L COIISMIction
Substantial Completion
Finish Constructiotr
2, Section 00100 - ``lrlstructions to Bf
Page - 9: .Add the following:
S.
2:00 u.m. Thursday, Deccmbea- 2, 2004
on ay. December 20, 2004
Monday. January 4, 2005
Vo Be Determined
itilonday, January 5, 2005
Friday..Nlay (5. 2005
\Vedziesday, May l S, 7005
24, PRICE 17OR SPOIL REMOVAL OP-I'IOtiS
V) prici ;ubmitted by Bidders shall
contract shall be made for method of s
various hid items.
3. Section 00300 - ``Proposal',
Replace the Bid honn with Attaclunent
t spoil disposal option selected. No ad_justmertt to the
nt disposal or impact of selectee spoil location on
4. Section 00-500 - "Advertisement for Bic t"
Pao >e - 1: Change the contract ien th to 90 v,,orking days.
ADDENDUM NO. 2
N1 DIN ICll 1, 7 -150 F 0900 -2 .i2 .' ;'J
Feb 28 05 10:49a Nathan D Maier
5. Section 00,00 — "Special Previsions°
Pa2c — 2: Kidd the tollowinj:
6
S
c
10
C.E. P147395961
16. At1 off -site location, for sPoll disposal has oeern secured. Tiie contractor has the option,
but is not required to use this S11011 location. If the contractor chooses to use this site. the
attaci.cd Luidelines vvill apply-. Sc-- APPENDIX B for iurtlter inloi7natiait.
Section (1i 800 — "Special Provisions"
Pa-v — 2: Add the fullvt�,inc:
[ 7. Contract Ien-th applies only
District property. adjacent golf ci
dainaues w111 not he asses ed for
optional spoil location listed in
proceed. See .1PPLNDIX B Cor i
Section OOSOO — "Special Provisions"
Page — I Add the fo11o« ut r:
work on Noillu est Dallas County Flood Control
rse, or access to sediment removal areas. Liquidated
.ork related to placing and compacting spoil at the
PENDIX B until 150 working da}ls from the notice to
-ther information.
15. flic contractor may relocate .diment material removed to another area in Sump 11.
See APPLNDF\ C for further ini rmation.
Section 01,027 — `'Nleasurement and Pave ent"
Replace Section (} 1027 Attachment P.
APPENDIX B "Opiionul Uff =site Spoil Location"
.wild Attaclunent B to the Contract Doem ents. General Guidelines, and Specifications as
APP[?N])iX B.
APPEyNDI_X C — °'OpTional Spoil Placement in Suntp 1 I"
Acid Attachment C to tl;e Contract
APPENDIX C.
END Al
, General (juidelines, and Specifications as
)DENDUNI #2
ADDENDU %,I NO.
�L>DtCS S7- l�i).f
10L)OO-3 02,1 -SMS
p.3
512 475 4626 LEGISLATIVE REFEREN LEGISLATIVE REFERENCE LIBRARY OR 57.39 a.m. 02 -28 -2005 3/8
LEGISLATIVE REFERENCE LIBRARY
11111111111111101111
1 0000 00036 3497 THE STATE OF TEXAS
GENERAL AND SPECIAL LAWS
SIXTY -NINTH LEGISLATURE
Book 1
68th Legislature, Second alled Session
69th Legislature, Regula Session (Chapters 1 -430)
Book
69th Legislature, Regular Session
General and Special Laws (Chapters 431 - 920) ........... ............................... 1559
Book
69th Legislature, Regular
General and Spec
Resolutions
Tables and Index
69th Legislature, First Ca
Constitution of the State c
Laws (Chapters 921 -980)
led Session
f Texas
(Texas Sess Laws Book 2] 1 785 -002 (1986)
5124754626 LEGISLATIVE REFEREN LEGISLATIVE REFERENCE LIBRARY 08 87:46 a.m. 02 -28 -2005 418
CH 471, SEC 1
Be'i( enacted by the Legislature of the
SE ON 1. Chapter 57, Water Code, is an
follows:
Sec. 572 . ALTERNATIVE METHODS
district may iss refunding bonds as provided for
of this code.
(b) A district ma 'ssue bonds to refund all or a
obligations including tured but unpaid interest.
(c) Refunding bonds s 11 mature serially or oh
and shall bear interest at rate or rates permi
(d) Refunding bonds may made payable frot
obligations being refunded or fro other additional
(e) The refunding bonds must approved by t
law for other bonds of the district an hall be regi
cancellation of the bonds being refunde .
(f) The orders or resolutions authorizin the issi
the refunding bonds will be sold and the p ceeds
bonds being refunded are payable, in which e
cancellation of the bonds being refunded. If refu
other bonds, an amount which, when added to the ej
amount, is sufficient to pay the interest on and p
maturity dates, lahed their option dates if the <
maturity accord their terms, shall be dep ilea
refunded are pay.
(g) If the disissues refunding bon in aca
comptroller shalister refunding bo s without
refunded.
(h) A refundiay be accompl' hed in one or ii
(i) Refundinds are rove ment securities u
0) In lieu of ethods p ovided in this sectio may refund bontes, or her obligations as proi SECTION 2. e i ortance of this legislatia in both houses e emergency and an impe; rule requiring be read on three several day hereby suspendend that this Act take efi'ect ant
is so enacted.
69th LEGIS — REGULAR SESSION
of Texas:
ided by adding Section 57.2131 to rea as
'ISSUING REFUNDING BOND . (a) A
this section, notwithstanding Sect" n 57.213
part of its outstanding bonds otes, or other
rwise not more than 40 y rs from their date
rd by the constitution d laws of the state.
the same source as t e bonds, notes, or other
,urce or sources
attorney gene r in the manner provided by
?red, the co ptroller on the surrender and
7e of th refunding bonds may provide that
positgd in the place or places at which the
ref nding bonds may be issued before the
ands are issued before cancellation of the
rngs and profits from the investment of such
yal of the bonds being refunded to their
been duly called for payment prior to
the ace or places at which the bonds being
,nce wit ubsection (t) of this section, the
surrender d cancellation of bonds being
several installme eliveries
der Chapter 8, Bust ss &Commerce Code.
and in Section 51.213 this code, a district
ded by the general law o e state.
and the crowded condition the calendars
hive public necessity that the nstitutional
in each house be suspended, an his rule is
be in force from and after its passa . and it
Passed b the House on April 18, 1985, by the following vote: Yeas 139, Nays b, 2
pr ent, not voting; passed by the Se ate on May 15, 1985, by the followin
le' Yeas 31, Nays 0.
p oved: June 11, 1985
ective: immediately
472
H.B. No. 2390
An Act relating to the creation, administration, powers duties, functions, operations, and financing of
and annexation of territory to and exclusion of t rritory from the Northwest Dallas County Flood
Control District.
Be it enacted by the Legislature of the
SECTION 1. CREATION. The Northwest I
under Article XVI, Section 59, of the Texas C
district to operate and exist as a governmental
political subdivision of this state.
SECTION 2. DEFINITION. In this Act, "
Flood Control District.
1640
of Texas.-
County Flood Control District is created
ttion as a conservation and reclamation
:y, a body politic and corporate, and a
trict" means the Northwest Dallas County
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69th LEGIS- REGULAR SESSION
SECTION 3. BOUNDARIES. The district includes
Dallas County described as follows:
BEGINNING , at a 3/8 -inch iron rod found at the
point also being the Southwest corner of Woodridge S
Page 3 30 1, Deed Records of Dallas County, Texas;
THENCE, N 89° 05' 37" E, with the South line of sai
distance of 1,755.83 feet to a 1/2 -inch iron rod found for
THENCE, N 00° 07' 23" E, continuing with said V
fence a distance of 210.05 feet to a 4 -inch fence post foun
THENCE, N 89° 03' 24' E, with said Woodridge So
a 1/2-inch iron rod set for corner;
THENCE, S 00° 02'08' W, a distance of 209.92 feet;
THENCE , N 89' 02' 34" E, a distance of 40.00 fee
road;
THENCE, N 89° 02' 34" E, along said South line of
927.88 feet to an iron rod found for corner;
THENCE, N 00'07127' E, with the East line of sai,
bard wire fence in a tree line a distance of 2935.58 feet t,
of Sandy Lake Road an 80 foot wide road, said point b
bears S 13° 31' 33' W, a distance of 552.47 feet;
THENCE , with the said south line of Sandy Lake
08 ", an arc distance of 221.32 feet to a 1/2 -inch iron roc
THENCE , S 53" 31' 19' E, along said Sandy Lake
inch iron rod set in the west line of a 2.05 acre tract cc
Texas in Volume 73113, Page 831, Deed Records of Da
THENCE, N 29° 13'41' W, with said Trinity Rivi
inch iron rod set for corner;
THENCE, S 53° 31' 19" E, continuing along the Soi
tract a distance of 300.00 feet to a 1/2 -inch iron rod set
THENCE, S 29° 13' 41' E, a distance of 300,00 fee
line of said Sandy Lake Road;
THENCE, S 53° 31' l9" E, with said South line of
feet;
THENCE, S 53° 31' 19" E, 131.01 feet across D.P
rod set in the intersections of the South line of Sandy
Southeast line of a 130 foot DP &L Co. right -of -way
Deed Records of Dallas County, Texas;
THENCE, S 53' 31' 19" E, along said Sandy Lake
iron post found for corner;
THENCE, S 00° 43'050 E, with a barb wire fence;
1/2 -inch iron rod found for corner;
THENCE, S 89° 47'00' E, a distance of 2021.17 f
Fork of the Trinity River;
THENCE, down the high bank of the Elm Fork as
THENCE, S 05' 12' 16' E, a distance of 79.82 feet
THENCE, S 01° 35' 32 W, a distance of 110.21 fee
THENCE, S 06° 56' 58" E, a distance of 100.08 fee
THENCE, S 27' 55'36" E, a distance of 108.85 fee
THENCE, S 10° 27'03" W, a distance of 207.16 fey
THENCE, S 02° 22'20" W, a distance of 302.27 fe
THENCE, S 07° 48' 18' E, a distance of 275.03 fee
THENCE, S 03° 18'20' E, a distance of 393.94 fee
THENCE , S 10° 34' 24" E, a distance of 300.33 fee
THENCE , S 05° 27' 47" E, a distance of 302.79 fee
THENCE, S 23° 33' 37' E, a distance of 304.93 fee
THENCE, S 27° 27' 40" E, a distance of 309.48 fee
THENCE, S 42° 50' 31' E, a distance of 334.97 fee
THENCE , S 00' 52' 12" E, along the East line of
488 feet to the East high bank of said river, in all a c
set for corner
1641
CH 472, SEC 3 1.
Iximately 610.7099 acres of land in
West corner of said District, said
3 as recorded in Volume 81180,
Woodridge Section 3 and Section 4 a
odridge Section 4 and the barb wire
for corner;
on 4 a total distance of 499.93 feet to
across abandoned right -of -way of old
. & N. Land Corporation a distance of
L. & N. Land Corporation and with a
a 1/2 -inch iron rod set in the South line
ing in a curve to the right whose center
toad through a central angle of 22° 57'
set for corner;
toad a distance of 848.35 feet to a 1/2-
iveyed to the Trinity River Authority of
las County, Texas;
Authority west line 300 feet to a 1/2-
th line of said Trinity River Authority's
br corner;
to a 1/2 -inch iron rod set in the South j
Sandy Lake Road, a distance of 250.30
M. Co. right -of -way to a 1/2-inch iron
,ake Road an 80 -foot wide road with the
as recorded in Volume 4594, Page 302,
:oad a distance of 276.05 feet to a 3 -inch
rid tree line a distance of 824.60 feet to a
-t to a point at the high bank of the Elm
o a point for corner;
t to a point for corner;
to a point for corner;
to a point for corner;
t to a point for corner;
t to a point for corner;
to a point for corner;
to a point for corner;
to a point for corner;
t to a point for corner;
t to a point for corner;
t to a point for corner;
t to a point for corner;
,aid W. Perry Survey a passing distance of
istance of 539.2 feet to a 1/2 -inch iron rod
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CH 472, SEC 3 6Dth LEGIS — REGULAR SESSION
THENCE, S 89' 07'48' W, with a barb wire fence and ree line for a distance of 1168.94 feet
to an iron rod found in a fence line, said point being he Northwest corner of the City of
Coppell's sanitary sewer lift station tract;
THENCE, S 01' 07' 08' E, along a barb wire fence a d the said west line of a lift station
tract, a distance of 575.00 feet to an iron rod found, said I oint being 50 feet North of the center
line of the St. Louis and Southwestern Railroad (100 feet de);
THENCE , N 86' 21' 18' W, continuing along said north line of the St. Louis and
Southwestern Railroad a distance of 4131.08 feet to a 1/2- Inch iron rod set in the East line of an
old 40 foot road;
THENCE, N 86' 21' 18' W, a distance of 40.08 feet acr Ns the right -of -way of an old road to
a 1/2 -inch iron rod set at the intersections of the North right -of -way line of the St. Louis &
Southwestern Railroad (Cotton Belt Railway 100 feet wide with the West right -of -way line of an
old 40 foot wide road;
THENCE , N 86' 21' 18' W, with the North nigh -of -way line of said St. Louis and
Southwestern railroad a distance of 280.13 feet to a 1/2-inch iron rod set for corner, said corner
being in the southeasterly line of a 130 foot right -of -way conveyed to the DP &L Co. by deed
recorded in Volume 4594, Page 302, Deed Records of Dallas County, Texas;
THENCE, N 86' 21' 18' W, a distance of 144.13 feet across DP &L Co. right -of -way to a
1/2 -inch iron rod set in the north line of the St. Louis & Southwestern Railroad (Cotton Belt
Railway) 100 feet right -of -way;
THENCE, N 86' 21' 18' W, along the North line f said St. Louis and Southwestern
Railroad, a distance of 543.05 feet to a 1/2 -inch iron rod fc und, said point being the beginning of
a curve to the right whose center bears N 03' 38' 42' E, a d stance of 2,950 feet;
THENCE, with said curve to the right through a centri I angle of 14' 54' 16 ", and a distance
of 767.39 feet to the end of said curve to a 1/2 -inch iron r found for corner;
THENCE , N 71' 27' 02' W, with the North line f said St. Louis and Southwestern
Railroad, a distance of 562.74 feet to a 1/2 -inch iron rod f and for corner in the said 20.80 acre
tract;
THENCE, N 00' 05'58' W, with an old fence line and i long the west lines of said 20.80 acre
tract and with said 120 acre tract a distance of 2,442.57 feet to the PLACE OF BEGINNING.
SECTION 4. FINDINGS. The legislature finds that:
(1) the purposes of Article XVI, Section 59, of the Texas Constitution will be accomplished
by the creation of the district;
(2) all land and other property included within the district's boundaries will be benefitted by
the works and projects to be accomplished by the district;
(3) the district is created to serve a public use and benefi ; and
(4) the boundaries of the district form a closure and if y mistake is made in the description
of the boundaries of the district, the mistake in no way ects the organization, existence, and
validity of the district or the exercise of any powers, funct ons, purposes, or authority provided
by this Act.
SECTION 5. AUTHORITY UNDER GENERAL LAW. (a) The district may exercise all
of the rights, powers, privileges, functions, and authority nferred and imposed by general law
applicable to levee improvement districts created under riicle XVI, Section 59, of the Texas
Constitution, including those provided by Chapter 57, ater Code. If any provision of the
general law is in conflict or inconsistent with this Act, this et prevails.
(b) The rights, powers, privileges, functions, and autho ity granted to the district under this
Act are subject to the continuing right of supervision of tht state to be exercised by and through
the Texas Department of Water Resources.
SECTION 6. ACQUISITION, CONSTRUCTION, OPERATION, AND MAINTE-
NANCE OF RECLAMATION IMPROVEMENTS AND FACILITIES. The district may
purchase, acquire, construct, own, operate, maintain, -epair, rebuild, add to, and make
improvements to any works, materials, facilities, plat ts, equipment, and improvements
necessary, helpful, or incident to the reclamation of land i rithin the district and for the proper
drainage of land in the district. In the accomplishment of I hose purposes, the district may issue
bonds and notes, enter into contracts, or incur obligations in the manner provided by this Act.
SECTION 7. CONFIRMATION ELECTION REQUIRED. The board of directors shall
call and hold a confirmation election to determine if the district shall be established. The
election shall be held in the time and manner provided in Chapter 54, Water Code, and may be
called and held at the same time as a bond election for the district.
1642
6/8
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69th LEGIS— REGULAR SESSION
CH 472, SEC 11
SECTION 8. AD VALOREM PLAN OF TAXATION. The board of directors is not
required to hold a hearing on the adoption of a plan of taxation. The district shall use the ad
valorem plan of taxation.
SECTION 9. BOARD OF DIRECTORS. (a) The district shall be governed by a board of
directors composed of three members.
(b) To serve as a director, a person must be t least 18 years old and must own taxable
property within the district or must be a resident o the district.
(c) On the effective date of this Act the followi ig persons shall take office and shall serve as
the temporary board of directors for the proposed c istrict:
(1) M. Paul Spain;
(2) Bobby Harrell; and
(3) Jay Patterson.
(d) Members of the temporary board shall serve until the persons elected as directors on April
5, 1986, have been elected and have qualified for oflice.
(e) A vacancy on the temporary board shall be filled by appointment of the remaining
members of the temporary board.
(f) Each director elected on April 5, 1986, is elected for a two -year term.
(g) An election shall be held on the first Saturday in April in each even - numbered year to
elect the directors of the district.
(h) Each director shall qualify for office by taking the oath and executing a bond in the
amount of 510,000, payable to the district, conditio ed on the faithful performance of his duties.
The district shall pay for the bond.
(i) Each director is entitled to receive $50 a day for each day he is actually engaged in his
duties for the district but is not entitled to receive more than $200 in any single month. Each
director also is entitled to reimbursement for his actual expenses incurred in the performance of
his duties of director.
0) The board may employ or contract with any persons or entities necessary to conducting
the affairs of the district.
(k) The board shall adopt a seal for the district.
(l) A vacancy on the board shall be filled by the remaining directors for the unexpired term.
(m) The board shall establish a regular meeting time and place and shall publish notice of that
meeting time and place in a newspaper with general circulation in the district. The time and
place for meetings may be changed by order of the board if the board gives notice as provided by
this subsection.
(n) At the first meeting of the board following e4 iqh directors' election the board shall elect a
president, a vice - president, and a secretary-treasurer. The president shall preside at meetings of
the board and shall execute orders, resolutions, d eds, and contracts for the district. In the
president's absence, the vice - president shall presidt at district meetings and shall perform the
president's duties. The secretary- treasurer shall be the custodian of district records and shall
attest to all legal documents executed by the dis rict. The board may employ an assistant
secretary to act in the absence of the secretary.
(o) The board may employ a tax collector and nkay select one or more depositories. Before
the district deposits funds in a bank in an amount that exceeds the maximum amount secured by
the Federal Deposit Insurance Corporation, the bank must execute a bond or provide other
security in an amount sufficient to secure from loss the district's funds that exceed the amount
secured by the Federal Deposit Insurance Corporate .
(p) Funds of the district may be invested and reir vested by the board or a person designated
by the board as provided by Section 54.308, Water e.
(q) Expenditures of the district must be made by c ieck signed by two directors.
SECTION 10. ELECTIONS. (a) Elections requ
as provided by the Texas Election Code, except th
publication in a newspaper with general circulat
consecutive weeks, with the first publication to be at
(b) A bond or maintenance tax election may be h
be called and the results canvassed by the board.
SECTION 11. ISSUANCE OF BONDS AND?
notes of the district for any authorized purpose or c
Water Code. Sections 54.516 and 54.517, Water Cod
(b) Except for refunding bonds, bonds of the distri
ad valorem taxes may not be issued until authorized
the district voting at an election called for that purbos
1643
d to be held by the district must be held
notice of all elections shall be given by
in the district once a week for two
st 14 days before the date of the election.
at the same time, and all elections shall
)TES. (a) The board may issue bonds or
nbination of purposes under Chapter 54,
do not apply to the district.
secured in whole or in part by the levy of
a majority vote of the qualified voters of
FIR
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CH 472, SEC 12 69th LEGIS— REGULAR SESSION
SECTION 12. MAINTENANCE TAX. The boa d of directors may levy and collect a tax
for the purposes specified in Section 54.311, Water C e, after that tax is approved by a majority
vote of the qualified voters of the district voting at an election called and held for that purpose.
SECTION 13. APPRAISAL, ASSESSMENT, A D COLLECTION OF TAXES. (a) The
Tax Code governs the appraisal, assessment, and collection of district taxes.
(b) The district may contract with any qualified lwrson to assess and collect taxes for the
district.
SECTION 14. ANNEXATION OR EXCLUSION OF LAND. The district may annex
additional land to or may, before holding a bond elec ion, exclude land from the district in the
manner and subject to the procedures and requirement of Chapter 54, Water Code. The district
is not required to hold an exclusion hearing unless th board determines the hearing should be
held.
SECTION 15. AUTHORIZED INVESTMENTS kND SECURITY FOR DEPOSITS. All
bonds and notes of the district are legal and autho zed investments and eligible and lawful
security for all deposits of public funds in the mann r and to the extent provided by Section
54.515, Water Code.
SECTION 16. EXPENSE OF RELOCATION OF FACILITIES. If the district makes
necessary the relocating, raisin, rerouting, changing t ie grade of, or altering the construction of
any highway, railroad, electric transmission or dis ribution line, pipeline, or telephone or
telegraph properties or facilities in the exercise of powi rs granted under this chapter, the district
shall pay all of the actual cost of the relocating, raisin . rerouting, changing in grade, or altering
of construction and shall pay all of the actual cost of providing comparable replacement of
facilities without enhancement, less the net salvage val a of the facilities.
SECTION 17. EMERGENCY. The importanct of this legislation and the crowded
condition of the calendars in both houses create an =4 rgency and an imperative public necessity
that the constitutional rule requiring bills to be reac on three several days in each house be
suspended, and this rule is hereby suspended, and tha this Act take effect and be in force from
and after its passage, and it is so enacted.
Passed by the House on May 2, 1985, by the
present, not voting; House concurred in Se
May 23, 1985, by a non - record vote; and, p
Section 59(d) of the Constitution of Texas, e
to the Governor on March 26, 1985, and th
Commission was filed with the Speaker of t
the Senate, with amendments, on May 21,
Nays 0.
Approved: June 11, 1985
Effective: August 26, 1985
CHAPTER
H.B. No.
relating to the powers, duties, and operation of
tcUons of the Denton County Levee Improvement
following vote: Yeas 138, Nays 0, 1
late amendments to H.B. No. 2390 on
irsuant to the provisions of Article XVI,
copy of H.B. No. 2390 was transmitted
recommendation of the Texas Water
le House on April 18, 1985; passed by
1985, by the following vote: Yeas 31,
validating the creation, boundaries,
Pict No. 1. i
Be it enacted a Legislature of the State Texas
SECTION 1. In this Act, rict" means the De ton y Levee Improvement District
No. 1.
SECTION 2. The creation of the distric the a tions of its board of directors are hereby
validated in all respects and its bound ' are decla o form a closure.
SECTION 3. The distri ' a political subdivision f the a of Texas and a body corporate
and politic.
The district shall have full power a d authority to inc con
)Ian of reclamation and to expend funds ano issue bonds, to the full e
by Chapter 57, Water Code, as amended, fot payment of compacted fill.
1644
ted fill as
otherwise
8 /8