The Laws of Texas, 1934-1935 [Volume 29] Page: 61 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 51
ment of the United States, which now are or hereafter may be
authorized to make loans to public corporate bodies and municipalities,
and which loans may be made on such terms and in
such amounts as may be agreed upon between the Government
or its lending agency and the governing body of such city; and
any and all such loans shall be evidenced by either bonds, notes
or warrants issued under the provisions of this Act in cases
where the project or projects are to be financed pursuant to the
provisions of this Act.
SEC. 8. Power and authority is hereby conferred upon the
governing body of any such city to remove or demolish any
existing bridge or other structure owned and operated by said
city, if in the discretion of such governing body the removal
or the demolishing of such bridge or structure may be necessary
in carrying out to completion any one or more of the improvement
projects herein authorized.
SEC. 9. The right of eminent domain is hereby expressly
conferred upon any such city operating under the provisions of
this Act, for the purpose of enabling such city to acquire the
fee simple title, easement or right-of-way to, over and through
any and all lands, water, or lands under water, private or public
(except land and property used for cemetery purposes),
within or without the limits of any such city, necessary in the
constructing and maintaining
of either one or all of the improvements
herein authorized. In the event of the condemnation,
or the taking, damaging or destroying of any property for such
purposes, the city shall pay to the owner thereof adequate compensation
for the property taken, damaged or destroyed. All such
compensation and damages adjudicated in any condemnation
proceedings, and all damages which may be done to the property
of any person or corporation in the construction of any
such improvement project, shall be paid out of funds derived
from the sale of bonds, notes or warrants issued under the
provisions of this Act. All procedure with reference to condemnation,
the assessment of and estimating of damages, payment,
appeal, the entering upon the property pending the appeal,
etc., shall be in conformity with the procedure prescribed
in Title 52, Article 3264 to 3271, inclusive, Revised Civil Statutes
of 1925, and any amendments thereto.
SEC. 10. Whenever the governing body of any such city
finds that it will not be necessary and/or practicable to construct
any toll bridge or toll bridges under authority of Subdivision
(a) of Section 1 of this Act, then in that event any
existing bridge or bridges owned and/or operated by any such
city over and across any such stream, inlet or arm of the Gulf
of Mexico, or such entrance channel to such port, connecting
up any of the public streets and thoroughfares of or in and to
such city, may be by ordinance converted into a toll bridge or
toll bridges, and the governing body of such city is hereby
authorized to assess and collect such tolls for the use of any
such bridge or bridges as within its judgment are reasonable
and sufficient in amount, together with other income and
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/61/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .