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AN ACT
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relating to the Dallas County Utility and Reclamation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 628, Acts of the 68th Legislature, |
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Regular Session, 1983, is amended by adding Section 4C to read as |
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follows: |
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Sec. 4C. (a) In this section: |
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(1) "City" means the City of Irving, Texas. |
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(2) "FEMA" means the Federal Emergency Management |
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Agency. |
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(3) "The letter" means the letter dated July 31, 2008, |
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and executed by mitigation director Frank Pagano from FEMA to Mayor |
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Herbert Gears approving the city's proposed amendments to FEMA's |
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proposed amendments to the 2007 Preliminary Digital Flood Insurance |
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Rate Map and Flood Insurance Study. |
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(b) The district initially constructed and maintained |
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levees pursuant to a state-approved plan of reclamation consistent |
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with all state and federal requirements. In 2007 FEMA proposed |
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certain amendments to its Preliminary Digital Flood Insurance Rate |
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Map and Flood Insurance Study. The proposed amendments to the flood |
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insurance rate map, if adopted, would have severely limited planned |
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development within the district adjacent to the levees. The city |
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and the district timely protested the proposed amended map and |
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submitted an alternate set of proposed amendments to FEMA prepared |
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by the city. FEMA reviewed the city's alternate proposed |
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amendments and accepted those amendments, as evidenced by the |
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letter. |
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(c) The city, the district, and the affected adjacent |
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landowners accepted and agreed to the map revisions addressed and |
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approved by the letter. The letter has been relied on and actions |
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were taken or will be taken based on that reliance, namely: |
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(1) levee protection easements were executed, or will |
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be executed, and filed by all of the affected landowners; |
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(2) financing was obtained, or will be obtained, for |
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development in the area of the levees; and |
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(3) development in the area of the levees has begun and |
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will continue. |
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(d) Because of the governmental actions and the reliance on |
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those actions described by this section, the legislature determines |
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and declares that those governmental actions, including the letter |
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and the actions taken in reliance on the letter, are valid and |
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binding and may not be revoked, rescinded, or altered by any party, |
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including this state or any local government, without the written |
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consent of: |
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(1) all the affected adjacent landowners who executed |
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the easements or their respective heirs, successors, or assigns; |
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(2) the city council of the city; and |
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(3) the board of directors of the district. |
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SECTION 2. Section 5, Chapter 628, Acts of the 68th |
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Legislature, Regular Session, 1983, is amended to read as follows: |
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Sec. 5. All powers of the district shall be exercised by a |
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board of five directors. Each director shall serve for his term of |
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office as herein provided and thereafter until his successor shall |
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be appointed and qualified. If any director ceases to possess the |
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qualifications prescribed herein, his office shall be declared |
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vacant by the board of directors and his successor shall be |
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appointed by the City Council of the City of Irving. Each director |
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shall be at least 18 years of age and possess one of the following |
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qualifications: own land within the district subject to taxation; |
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be a qualified voter residing within the district at the time of his |
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qualification as a director; be an agent, employee, officer, or |
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director of any individual, corporation, trust, or partnership that |
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owns or leases real property within the district; or be a resident |
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of the City of Irving and shall qualify by subscribing the |
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constitutional oath of office and by giving bond in the amount of |
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$5,000 for the faithful performance of his duties. At least three |
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of the five directors shall be qualified as directors under Section |
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49.052(a), Water Code, without consideration of any exceptions from |
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that subsection provided by other provisions of Section 49.052, |
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Water Code. Section 49.052, Water Code, applies to the extent of |
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this section and for no other purpose. All directors' bonds shall |
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be approved by the district's board of directors and recorded in the |
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official bond records of the County Clerk of Dallas County. The |
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five directors serving on the effective date of this Act shall |
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continue as directors of the district and shall remain as directors |
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until their successors are duly appointed and take office on |
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October 1, 1999. Beginning with the first day of October, 1999, the |
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City Council of the City of Irving shall appoint three directors for |
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terms of four years and two directors for terms of two years. On the |
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first day of October of each odd-numbered year thereafter, the |
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directors whose terms expire shall be appointed by the City Council |
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of the City of Irving and shall serve for a term of four years and |
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until their successors are appointed and take office. All |
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vacancies on the board of directors shall be filled by appointment |
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to the unexpired term by the City Council of the City of Irving. The |
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city by its appointment of directors and any other action taken, |
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except the action to dissolve the district under state law or any |
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other specific action taken by the city, which action must be |
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evidenced in writing, directly relating to any bond, note, |
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financial obligation, or contractual obligation of the district, |
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does not assume, agree to pay, or guarantee the payment of any bond, |
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note, or other financial obligation or undertaking of the district, |
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whether in the form of securities or in other contractual forms, |
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including the district's bonds. The directors shall establish in |
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the district's bylaws what shall constitute a quorum for any |
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meeting, and a concurrence of a majority of the quorum shall be |
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necessary in all district matters. The board of directors shall |
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prescribe the method of execution of all contracts, the signing of |
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checks, and the handling of any other matters approved by the board |
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of directors as shown in the official minutes of the district. |
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Annually in the month of October, the board shall reorganize and |
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elect new officers as soon as practicable. The board of directors |
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may designate one or more assistant secretaries and an assistant |
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treasurer, who may but need not be a member of the board of |
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directors. The secretary of the board of directors or one of the |
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assistant secretaries shall be responsible for keeping the minutes |
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of the meetings of the board of directors and all official records |
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of the board and may certify to any action taken by the board of |
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directors. Section 49.060, Water Code, relating to the fees of |
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office and reimbursement of expenses to which a district director |
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is entitled, applies to the district, and the board of directors |
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shall establish fees in accordance with that section. [Each
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member of the board of directors shall receive a per diem payment of
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$50 for each regular or special board or committee meeting and shall
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be reimbursed for actual expenses approved by the board of
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directors.] The board of directors shall hold regular and special |
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meetings at such times and on such dates as the board shall |
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determine upon giving of notice as required by the district's |
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bylaws. |
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SECTION 3. (a) All governmental and proprietary actions of |
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the Dallas County Utility and Reclamation District taken before the |
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effective date of this Act are validated, ratified, and confirmed |
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in all respects as if the actions had been taken as authorized by |
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law. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4818 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4818 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |