The Laws of Texas, 1921 [Volume 21] Page: 64 of 1,670

56 GENERAL LAWS.
tax paying voters in said district and voting at said election shall
have declared themselves in favor of: "The development of the port
by the Navigation District" said district shall thereafter have the
right, power and authority, subject to the terms and provisions
hereof, to acquire, purchase, take over, construct, maintain, operate,
develop and regulate wharves, docks, warehouses, grain elevators,
bunkering facilities, belt railroads, floating plants, lighterage, lands,
towage facilities, and any and all other facilities or aids incident to or
necessary to the operation or development of a port, ports, waterways
and the Navigation District, and to issue bonds in payment therefor
and to do any and all other acts and things herein provided.
SEC. 10. Navigation districts empowered as herein provided to develop
ports, waterways and navigation aids, within the limits of such
navigation districts, shall in addition to the powers herein enumerated
have the fullest powers consistent with the Constitution of this State
for the regulation of wharfage and of all facilities of or pertaining
to the said port, waterways and navigation district, and shall have
a right to assess and collect charges for the use of all facilities acquired
or constructed in accordance with the provisions of this Act.
SEC. 11. Navigation districts empowered as herein provided may
exercise the right of eminent domain as heretofore granted or as may
hereafter by law be granted navigation districts and may also acquire,
and take over, by lease or rental agreements, the docks, wharves,
buildings, railroads, lands, improvements and other facilities already
provided, constructed or owned by any incorporated municipality
situated within such district, for a period of not less than twentyfive
(25) years; provided that such property or facilities owned,
controlled or constructed by such incorporated municipality may be
taken over, leased and operated by said Navigation District only
with the consent of the lawful authorities of.such municipality, and
upon such terms a may be mutually agreed upon by the Navigation
District and the said municipality, provided further; that no agreement
for the use, acquisition or operation of such property or facilities
of such municipality by the Navigation District shall be for a lease
or rental value thereof, which shall exceed the annual net revenues derived
or to be derived by the Navigation District, after payment
of the expenses of operation and maintenance of said property and
facilities; provided, still further; that the Navigation District shall
have no supervision or control over such property or facilities owned,
controlled or constructed by any municipality, until agreement for
the lease and rental thereof by the Navigation District has been
reached and made in the manner herein provided.
SEC. 12. Navigation Districts acquiring, leasing and taking over
unimproved lands owned or controlled by any such incorporated
municipality, may pay for the use, rent and hire of such unimproved
lands, a price or rental value to be fixed by the Navigation and Canal
Commissioners; provided that should such Navigation and Canal
Commissioners fail or be unable to agree upon terms and conditions
for the use and rental of such unimproved lands, then the. Navigation
District, under its right of eminent domain, shall be and is authorized
to condemn such lands or parts thereof, as in its discretion the inter-