DRAINAGE DISTRICTS.

Dallas City Code ch. 19, art. VIII

in effect

Dallas City Code § 19-101 “DRAINAGE DISTRICT” DEFINED.

SEC. 19-101. “DRAINAGE DISTRICT” DEFINED. The term “drainage district”, as used in this article, shall comprehend and mean the building of storm sewers as provided in this article, or the reclamation of lands, as provided in this article, and in general shall comprehend the doing of any necessary improvement to effectuate such purposes and the assessment of the cost thereof, according to a just, fair and equitable apportionment, against the property specially benefited and enhanced in value by the making of such improvements. (Code 1941, Art. 128-3)

Dallas City Code § 19-102 CONSTRUCTION OF ARTICLE.

SEC. 19-102. CONSTRUCTION OF ARTICLE. All the provisions of the charter and state laws relative to the assessment of property shall, so far as practicable, be applicable to any of the provisions of this article unless otherwise provided in this article. This article shall be cumulative of all other methods and means provided by any other law relating to the same subject. (Code 1941, Art. 128-19)

Dallas City Code § 19-103 PURCHASE OF PROPERTY.

SEC. 19-103. PURCHASE OF PROPERTY. The city may purchase, by agreement or by condemnation, all property that may be necessary for carrying out any particular drainage plan, or the making of any drainage improvement, and the same shall be paid for out of any available funds and the cost of the purchase shall be added to the cost of the improvement and charged against the property in the territory specially benefited thereby. The city may sell and convey any part of any such property unappropriated for such improvement at such terms and for such consideration as it may see fit, and the proceeds thereof shall become a part of the special fund out of which the cost of the improvement may be defrayed. Only the cost of property actually appropriated for such improvement shall be included in any assessment made under the provisions hereof. (Code 1941, Art. 128-2)

Dallas City Code § 19-104 CREATION OF DRAINAGE DISTRICT; PREPARATION OF PLAT; ESTIMATE OF COST.

SEC. 19-104. CREATION OF DRAINAGE DISTRICT; PREPARATION OF PLAT; ESTIMATE OF COST. When the city council determines to proceed to create a drainage district, it shall so declare by resolution, which resolution may state the nature and extent of the drainage improvement to be made and the limits thereof, and may describe the parcel or parcels of land proposed to be taken or condemned, in case condemnation may be required, by any description substantially identifying the same, by lot or block number, or number of front feet, or, if owned by an estate, the name thereof. No error, mistake or omission of such resolution shall invalidate it, and its passage shall be conclusive of the public use and necessity of the proposed improvement. Upon passage of such resolution, the city engineer or an engineer designated by the city council shall prepare and submit to the city council a plat showing the nature and limits of the proposed improvements, the boundaries thereof and the points between which it is proposed to establish the same, and the property through which it is to be extended, which is to be taken or condemned therefor, and shall in writing report the estimated total cost of such improvement, and of each parcel of property to be condemned or acquired. The city council shall examine such plat and report and correct errors therein, if any, but no error or omission shall invalidate the same or any proceeding had thereafter pursuant thereto. (Code 1941, Art. 128-4)

Dallas City Code § 19-105 CONDEMNATION PROCEEDINGS.

SEC. 19-105. CONDEMNATION PROCEEDINGS. No property shall be taken for a drainage district without just compensation first made in accordance with the provisions of law applicable thereto. In case of condemnation, commissioners shall be appointed in accordance with the method provided by the statutes relating to the opening and widening of streets and by such other laws as may be applicable thereto. The laws relating to the method of condemnation of property by railroads and methods of appeal shall apply to any drainage district created hereunder, the city to occupy the position of a railroad company, as nearly as practicable. (Code 1941, Art. 128-5)

Dallas City Code § 19-106 SPECIAL ASSESSMENTS - GENERALLY.

SEC. 19-106. SPECIAL ASSESSMENTS - GENERALLY. Whenever the city council shall order the creation of any drainage district, as provided in this article, it may then or at any time provide, by resolution, that all or part of the cost thereof shall be assessed against the property located in the territory affected by such drainage improvement. It may then, or at any time, provide for the appointment of three special commissioners to apportion the cost of the property so specially enhanced in value by reason of the drainage improvement. Such special commissioners may be appointed at any time to do and perform such work, and they shall receive such compensation as may be provided by the city council; provided, that in case it is determined that condemnation of any such drainage district may be required, then the commissioners so appointed by the proper court or court authority may do such assessing and make such apportionment of assessments as in the case of the opening and widening of public streets. Such assessments shall constitute a prior lien upon the property to all other except for ad valorem taxes, and the same shall relate back and take effect as of the date of the resolution ordering the improvement. No assessment shall be made against any property exempt under the law from execution, but the owner thereof shall be personally liable and assessed therefor. (Code 1941, Art. 128-6)

Dallas City Code § 19-107 SAME - HEARING; NOTICE REQUIRED; PAYMENT, ETC.

SEC. 19-107. SAME - HEARING; NOTICE REQUIRED; PAYMENT, ETC. No assessment shall be made against owners of property benefited, or their property, pursuant to this article, until after a reasonable opportunity to be heard shall have been given them, lienholders and others interested, before the special commissioners referred to in the preceding section, preceded by a reasonable notice thereof, published three times prior to such hearing in some newspaper of general circulation in the city, the first publication to be not less than 10 days prior to such hearing. The names of owners, lienholders and others interested need not be specifically set out in such notice, but the parcel or parcels of land proposed to be assessed shall be briefly described in such notice, either by lot and block number, front feet thereof, or by any other description reasonably identifying the same, or by reference to any plat, report or record filed in connection with the proceedings. The city council or special commissioners shall have power to give other and additional notice, but the published notice, required by the preceding paragraph, shall be sufficient. At such hearing the owners, lienholders and other interested parties shall have the right to contest in writing the assessments, the special benefits, irregularities or invalidities thereof, or any prerequisite thereto, and to produce testimony in support of such contests, and the special commissioners shall determine the amounts, if any, to be assessed. The city council shall make such assessments by ordinance. Such assessments may be enforced by suit brought by the city for the benefit of any holder and owner of such assessment, or of the certificate issued thereon, or brought by such holder and owner, or by the sale of the property assessed in the same manner as near as possible as is provided for the sale of real estate for municipal taxes. Assessments may be made payable in not exceeding 15 installments, the last maturing in not over 15 years, and may bear interest at not over eight percent per annum. Each property owner shall have the privilege of discharging the whole amount assessed against him, or any installment thereof, at anytime before maturity, upon payment thereof, with accrued interest. Upon the payment by any property owner of his assessment in full, the city shall cause to be executed by the city manager or any officer designated by the city council for such purpose, and duly acknowledged for record, a release of the lien of such assessment. The fact that more than one parcel or lot of land, the property of one owner or jointly owned by two or more persons, have been assessed together in one assessment, shall not invalidate the same or the lien thereon, or any claim of personal liability thereunder. The cost of any such improvement assessed against any property or owner thereof, together with all costs and reasonable expense in collecting the same, including reasonable attorney’s fees when incurred, shall constitute a personal claim against such property owner, and shall be secured by a lien on such property superior to all other liens, claims or titles, except city, county and state taxes, and such personal liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale in the same manner, as far as applicable, as sales are authorized to be made by the city for the nonpayment of taxes; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes, and the city council may make such rules and regulations, not inconsistent with law, as may be deemed necessary to provide for the collection of such assessment. The city council shall at all times have the authority to provide, by appropriation out of any of the general or special revenues available, money to pay for the cost of doing any special improvement, and any such appropriation shall be charged against such district and such sum so appropriated shall be paid back from property specially benefited, on the sale of certificates or as such money may be realized. Special funds may be created from time to time to carry out the work of such contemplated improvements. (Code 1941, Art. 128-7)

Dallas City Code § 19-108 SAME - ISSUANCE OF CERTIFICATES, ETC.

SEC. 19-108. SAME - ISSUANCE OF CERTIFICATES, ETC. The city may issue assignable certificates, payable to the city, or to the purchaser thereof, declaring the liability of owners and their property for the payment of assessments, and may fix the terms, time of payment and conditions of default and maturity thereof. If such certificate shall recite that the proceedings with reference to the improvements therein referred to have been regularly had in compliance with law, and that all prerequisites to fixing the assessment lien against the property therein referred to, and the personal liability of its owner, have been performed, such recitals shall be prima facie evidence of the facts so recited. The allegations of such recitals of such certificates in any suit brought for the enforcement thereof shall be a sufficient allegation of all proceedings had by the city council with reference to the making of such improvements and the assessment of the cost thereof, and of all prerequisites to such assessment, and shall be deemed sufficient to permit proof of such proceedings and prerequisites without the necessity of alleging and setting forth the same in the pleadings, by caption, substantially or in full. Such certificates may cover a period of 15 years and bear interest not to exceed eight percent per annum. Such certificates shall represent the respective amounts due against the respective owners of property whose property is specially benefited, as provided in this article, and in case the work is let by contract, the contractor shall look to the certificates for his compensation; provided, that the portion of the cost of the improvement that is assessed against the city may be paid in cash by the city, or according to such arrangement as may be had between the city and the contractor. The certificates may be impounded, and if the finances are available, the city any purchase the same as provided by the charter. (Code 1941, Art. 128-8, 128-15)

Dallas City Code § 19-109 SAME - ERRORS; CORRECTIONS; REASSESSMENTS.

SEC. 19-109. SAME - ERRORS; CORRECTIONS; REASSESSMENTS. No error in any proceeding under this article, or in the description of property, or in the name of its owner, shall invalidate an assessment, which shall, nevertheless, be in effect as against the real and true owner and his property. Whenever the city council or special commissioners are advised of such error, they shall correct the same, and shall at the request of any interested party reassess any owner of property erroneously assessed, after lawful notice and hearing and in accordance with benefits as provided in this article as to original assessments, and may fix the time and terms of payment of the sums so reassessed, and issue assignable certificates evidencing the same as provided in this article as to original assessments. The right to make such reassessments shall continue until the expiration of 15 years from the date of the ordinance making the original assessment. But if the same shall have been resisted or brought in question in any action of law, the time consumed in such action shall be excluded in computing such term of 15 years. In making such reassessments it shall not be necessary to do any act, or take any step, or again perform any prerequisite already legally done or performed with reference to the original assessment, but the city council may in its discretion proceed without again taking steps already validly taken or performed; provided, that no reassessment shall be made until after notice and hearing and in accordance with benefits, as provided in this article. (Code 1941, Art. 128-9)

Dallas City Code § 19-110 SAME - SUIT TO SET ASIDE OR CORRECT.

SEC. 19-110. SAME - SUIT TO SET ASIDE OR CORRECT. Any property owner against whom or whose property an assessment or reassessment has been made pursuant to this article may, within 10 days thereafter, bring suit in any court have jurisdiction, to set aside or correct the same, or any proceeding with reference thereto on account of any error or invalidity therein, but thereafter such owner, his heirs, assigns or successors shall be barred from such action or any defense of invalidity in such proceedings or assessment or reassessment, in any action in which the same may be brought into question. (Code 1941, Art. 128-10)

Dallas City Code § 19-111 SAME - METHOD; JUDGMENT OF COMMISSIONERS TO BE CONCLUSIVE.

SEC. 19-111. SAME - METHOD; JUDGMENT OF COMMISSIONERS TO BE CONCLUSIVE. The apportionment of the assessments made pursuant to this article may be made on the front foot basis or made on an area basis or both, whichever in the judgment of the special commissioners may be deemed the most equitable and just, and the judgment of the special commissioners shall in either case be deemed prima facie evidence conclusive as to its correctness. (Code 1941, Art. 128-11)

Dallas City Code § 19-112 STATE LAW TO CONTROL ARTICLE.

SEC. 19-112. STATE LAW TO CONTROL ARTICLE. As far as applicable, the terms of this article shall be controlled, as to the manner of making assessments, except as otherwise provided herein, by the law controlling the opening and widening of streets, and more particularly by Title 28, Chapter 17, of the Revised Civil Statutes of the state. (Code 1941, Art. 128-12)

Dallas City Code § 19-113 SPECIFICATIONS; BIDS; CONTRACT; BOND.

SEC. 19-113. SPECIFICATIONS; BIDS; CONTRACT; BOND. (a) At any time after the passage of the original resolution provided for in Section 19-104 by the city council, and more particularly at any time after a hearing is given as provided in Section 19-107 to the property owners and lienholders owning property in the drainage district created, the director of water utilities may submit specifications for the doing of work contemplated in such improvement, which specifications must in general terms set forth the nature and extent of the improvement or improvements to be made, the section or section to be improved, and the material or materials with which the improvements are to be constructed. Such specifications may provide, at the election of the city council, that such improvements may be constructed from different materials and may specify different or alternative methods of making such improvements. The director of water utilities shall make approximate estimates of the cost of improvements under the different methods desired to be employed. (b) Upon the adoption of specifications, if the city council decides to do the work by contract, the city secretary, or such other officer as may be designated by the city council, shall advertise for sealed bids for the construction of such improvements in accordance with the specifications. The advertisement must be inserted in a daily paper of general circulation in the city and state the time within which bids may be received as prescribed by the city council, which time may not be less than 10 or more than 15 days from the insertion of the advertisement. Bids must be filed with the city secretary, or such other officer as the board may designate, and must be opened and read in a public meeting of the city council. The city council shall have the right to accept such bids as it deems most advantageous to the city and the owners of the property abutting upon the public highway named to be improved, or may reject any and all bids. Where an improvement is ordered upon different specifications, or for the construction of work or any part of the work with different materials or under different plans or methods of construction or payment for such improvement, the city council may, after opening bids, select such methods, plans, or materials for making such improvement, or any part of the improvement, as it deems best, and to let the work to such bidder and upon such bid as it may select. No bid may be amended, changed, or revised after being filed. (c) When bids for improvements have been accepted by the city council, the city shall enter into contract with the contractor to whom the work has been let for the performance of the improvements, which contracts must be executed in the name of the city or by its city manager and must be attested by the city secretary, or such other officer as may be designated by the city council, with the corporate seal. The contractor to whom the work has been let shall execute a bond as may be required by the city council and as provided by the charter. The contract and bond, if satisfactory, must be approved by the city council. (Code 1941, Art. 128-13; Ord. Nos. 22026; 28424; 30994)

Dallas City Code § 19-114 USE OF DAY WORK BY CITY.

SEC. 19-114. USE OF DAY WORK BY CITY. In case the city council should desire to do the work contemplated by this article, by day work, it may proceed to do so, where its funds may be available for such purpose and where it deems the day work more advantageous to the owners of property in the territory benefited by the improvement. (Code 1941, Art. 128-14)

Dallas City Code § 19-115 REPORT OF AMOUNT TO BE PAID BY CITY.

SEC. 19-115. REPORT OF AMOUNT TO BE PAID BY CITY. The special commissioners created by this article to make assessments may consider, in any improvement district created, that portion of the cost, if any, that will be required to be paid by the city, and the same shall be reported to the city council in their final report. (Code 1941, Art. 128-16)

Dallas City Code § 19-116 CHARTER TO GOVERN BIDDING.

SEC. 19-116. CHARTER TO GOVERN BIDDING. The provisions of the charter, relative to street paving, shall as far as applicable govern the method of bidding and advertising for bids on any contract let for any improvement pursuant to this article. (Code 1941, Art. 128-17)

Dallas City Code § 19-117 ADDITIONAL METHODS OF FINANCING.

SEC. 19-117. ADDITIONAL METHODS OF FINANCING. The city council may in addition to any of the regulations provided for in this article pass such other regulations as it may deem advisable for the financing of any project instituted hereunder, it being the purpose of the regulations to secure in a lawful manner all of the money necessary to carry out and pay for any improvement ordered pursuant to this article. (Code 1941, Art. 128-18)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-144145Fetched: 10/26/2026