The Laws of Texas, 1909-1910 [Volume 14] Page: 53 of 1,668
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GENERAL LAWS OF TEXAS.
43
purposes, necessary for the improvement of any river, bay, creek, or
stream, and the construction and maintenance of any canal or waterway,
and for any and all purposes authorized by this Act. All such condemnation
proceedings shall be instituted under the direction of the
navigation and canal commissioners and in the name of the navigation
district, and the assessing of damages shall be in conformity
to the statutes of the State of Texas for condemning and acquiring the
right-of-way by railroads; provided, that no appeal from the finding and
assessment of damage by the commissioners appointed for that purpose
shall have the effect of causing a suspension of work by the navigation
commissioners in prosecuting the work of improvement in all of its
details; provided, that no right-of-way can be condemned through any
part of an incorporated city or town without the consent of the lawful
authorities of such city or town.
SEC. 30. The navigation and canal commissioners of any district are
hereby empowered to acquire the necessary right-of-way and property of
any kind for all necessary improvements contemplated by this Act, by
gift, grant, purchase or condemnation proceedings.
SEC. 31. The navigation and canal commissioners of any district and
the engineers from the time of their appointment are hereby authorized
to go upon any lands lying within said district for the purpose of
examining the same, making plans, surveys, maps and profiles, together
with all necessary teams, help, tools, and instruments, without subjecting
themselves to action or [for] trespass, and any person who shall wilfully
prevent or prohibit any such officer from entering any land for such purposes
shall be guilty of a misdemeanor, and upon conviction may be fined
in any sum not exceeding $25 for each day he shall so prevent or hinder
such officer from entering upon any land, and any justice of the peace in
the county shall have jurisdiction of all such offenses.
SEC. 32. If the improvement or improviements be not
carried out and
performed by the Government of the United States as herein provided,
the contract or contracts for such improvement or improvements shall
be let by the navigation and canal commissioners and the same shall be
awarded to the lowest and best responsible bidder, after giving notice by
advertising the same in one or more newspapers of general circulation
in the State of Texas once a week for four consecutive weeks and by posting
notices for at least thirty days in five public places in the county, one
of which shall be at the court house door, and at least two of which.shall
be within said navigation district. Nothing herein contained shall prevent
the making of more than one improvement and where more than one
improvement is to be made the contract may be let separately for each
or one contract for all such improvements.
SEC. 33. Any person, corporation or firm desiring to bid on the construction
of any work advertised for as provided under the preceding
section of this Act, shall upon application to the navigation and canal
commissioners be furnished the survey, plans and estimates for the said
work, and all bids or offers for any of such work shall be in writing and
sealed and delivered to the chairman of the navigation and canal commissioners
together with a certified check for at least five per cent of the
total amount bid, which shall be forfeited to the district in case the bidder
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1909-1910 [Volume 14], book, 1910; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth9392/m1/53/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .