« ForrigeFortsett »
SEC. 31. It shall be the duty of the county treasurer to open an account with the drainage district and to keep an accurate account of all moneys received by him belonging to such district and of all amounts paid out by him. He shall pay out no money except upon a voucher signed by the drainage commissioners and countersigned by the county judge, and he shall carefully preserve on file all orders for the payment of money, and as often as requireừ by the said drainage commissioners or the county commissioners court he shall render a correct account to them of all matters pertaining to the financial condition of such district.
SEC. 35. The county treasurer shall execute a good and sufficient bond, payable to the drainage commissioners of such district in a sum equal to twice the amount of bonds issued, conditioned for the faithfui performance of his duty as treasurer of such district, which bond shall be approved by said drainage commissioners, and the treasurer shall be allowed as full compensation for his services as such treasurer the same per cent as is now allowed by the county for his services as county tieasurer.
SEC. 36. The right of eminent domain is hereby conferred upon all drainage districts, established under the provisions of this act for the purpose of condemning and acquiring the right of way over and through any and all lands, private or public, except property used for cemetery purposes necessary for making the canals, drains, ditches and levees, and all improvements necessary to the drainage of the district. All such condemnation proceedings shall be instituted under the direction of the drainage commissioners and in the name of the drainage 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 drainage commissioners in prosecuting the work of drainage 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. 37. The drainage commissioners of any district are hereby empowered to acquire the necessary right of way for all canals, drains, ditches and levees and other necessary improvements contemplated by this act, by gift, grant, purchase or condemnation proceedings, and if acquired by purchase such purchase shall be subject to approval by the county commissioners court.
Sec. 38. All canals, drains, ditches and levees made and water courses cleaned or constructed by any district shall be the public property of such district and every person owning land within said district shall have the right to drain into one or more of such public drains, and for such purpose shall be permitted at his own expense, to make drains according to the natural slope of the land through such other lands as intervene between his land anì the nearest public drain or water-course, or along a public highway; provided, that no such drain through another's property or along a public highway shall be made until authorized by the drainage commissioners, who shall, after notice by the party desiring to make such drain, go upon the premises and act as a jury of view and determine the place where such drain may be made.
Sec. 39. Any person who shall wrongfully or purposely fill up, cut, injure or destroy or in any manner impair the usefulness of any canal, drain, ditch or water-course or other work constructed, repaired or improved under the provisions of this act for the purpose of drainage or protection from an overflow of water, shall be deemed guilty of a misdemeanor, and upon conviction may be fined in any sum not exceeding one hundred dollars or imprisoned in the county jail not exceeding two months.
SEC. 40. The drainage commissioners of any district and the civil engineer 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, locating the canals, drains, ditches and levees, making plans, surveys, maps and profiles, together with all necessary teams, help, tools, and instruments, without subjecting themselves to action of trespass, and any person who shall wilfully prevent or prohibit any of such officers from entering any land for such purposes shall be guilty of a misdemeanor, and upon conviction may be fined in any sum not exceeding twenty-five dollars 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. 40a. It shall be the duty of the drainage commissioners to keep the canals, drains, ditches and levees and other improvements made under the provisions of this act, in repair, and they shall have general authority to supervise and control the construction and maintenance of same.
SEC. 41. Contracts for making and constructing canals, drains, ditches and levees, straightening and cleaning water courses and other necessary work in connection with any drainage district shall be let by the drainage commissioners to the lowest 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 courthouse door, and at least two of which shall be within said drainage district, and the contract for each drain, canal, ditch or levee, may be let separately or all together; provided, that all the improvements included in the report of the drainage engineer and adopted by the court, as provided for in Section 10 of this act, shall be constructed.
SEC. 42. Any person or corporation or firm desiring to bid on the constrution of any work advertised for as provided for in the preceding section of this act shall, upon application to the drainage commissioner, be furnished with a copy of the engineer's report showing the location, profiles and estimates of such work as provided for in this act, and all bids or offers to do any of such work shall be in writing and sealed and delivered to the chairman of the drainage commissioners, together with a certified check for at least five per cent of the total amount hid which shall be forfeited to the district in case the bidder refuses to enter into a proper contract, if his bid is accepted. Any and all bids may be rejected if deemed too high.
SEC. 43. All contracts made by the drainage commissioners shall be reduced to writing and signed by the contractors and drainage commissioners and approved by the county judge, and a copy of same filed with the county clerk for reference.
SEC. 44. The party, firm or corporation to whom any such contract is let shall give bond, payable to the drainage commissioners for said district, in twice the amount of the contract price, conditioned that he, they or it will faithfully perform the obligations, agreements and covenants of their contract, and that in default thereof, will pay to said district all damages sustained by reason thereof. Said bond shall be approved by such drainage commissioners and the county judge.
SEC. 45. The drainage engineer shall furnish the contractor with a sectionized profile of the work contracted for, showing the depth, width and slope of all canals, drains, ditches and levees, and the number of cubic yards to be removed and other work to be done by the contractor, and such work shall be done by the contractor under the supervision of the drainage engineer, who shall indicate to the said contractor the points at which the laterals shall intersect the main canal and no earth shall be deposited by the contractor so as to interfere with the construction of such laterals or other contemplated work in said drainage district, or the building of bridges or other work on the public roads, and when the work is completed according to contract the engineer shall make a detailed report of the same to the drainage commissioners showing whether the contract has been fully complied with according to its terms, and if not, in what particular it has not been so complied with.
SEC. 46. The drainage commissioners are hereby authorized and empowered to make all necessary bridges and culverts across or under any railroad track and right of way of such railway, to enable them to construct and maintain any canal, drain or ditch necessary to be constructed as a part of the drainage system of such district, such bridges or culverts to be paid for by the drainage district; provided, however, that notice shall first be given by such drainage commissioners to the railway authorities authorized to build or construct bridges and culverts, and the railway company shall be allowed thirty days in which to build such bridges or culverts at their own expense, if it should so desire, according to its own plans, provided such bridge or culvert shall be constructed as to not interfere with the free and unobstructed flow of the water passing through the canal or drain, and shall be placed at such points as are designated by the drainage engineer.
SEC. 46a. The drainage commissioners are hereby authorized and required, to build all necessary bridges and culverts across and over all canals, drain, ditches, laterals and levees made and constructed under the provisions of this act whenever the same crosses a county or a public road and shall pay for the same out of the drainage fund; and they are hereby authorized to draw warrants on the county treasurer therefor, which warrant must be approved by the county judge.
SEC. 47. The drainage commissioners shall have the right, and it is hereby made their duty at all times during the progress of the work being done under contract, to inspect the same, and upon the completion of any contract they shall draw a warrant on the county treasurer for the amount of the contract price in favor of the contractor or his assignee, which warrant shall, when approved by the county judge, be paid out of the drainage fund of such district.
If the drainage commissioners shall deem it advisable in order to obtain more favorable contracts, they may advertise and contract for work to be paid for in partial payments as the work progresses, but such partial payments shall not exceed in the aggregate seventy-five per cent of the total amount to be paid under the contract, the amount of work completed to be shown by a certified report by the engineer, and no payment to be made for work not completed.
Sec. 49. Whenever a drainage district has been established under the provisions of this act, no private individual, company or corporation or adjoining drainage district shall have the right to artificially drain adjacent lands located outside of such drainage district into any canals, drains or ditches until they have acquired the legal right to do so as herein provided. Whenever any private individual, company or corporation or adjoining drainage district shall desire to secure an outlet for drainage by making a connection with any canal, drain or ditch already constructed by any established drainage district, he, they or it shall make written application to the drainage commissioners of such established district for permission to make such connection, which application shall show the width, depth and length of such connecting drains or ditches, and when such application has been filed with the drainage commissioners of the established district, the civil engineer shall make an estimate of the quantity of water which such connecting drains or ditches would probably empty into such established canals or drains, and whether such established drains or canals have sufficient capacity to carry such excess of water without risk of damage thereto or the adjacent territory. And the engineer shall make a report showing the result of his examination and estimate, and the drainage commissioners of the established district may, if they deem advisable, authorize such connection, on condition, however, that such private individual, company or corporation or adjoining drainage district shall first pay into the county treasury for the benefit of the construction and maintenance fund of such established drainage district a sum of money which bears the same ratio to the cost of the original canal or drain from the point of connection to its outlet, that the water to be emptied therein by the connecting drain or canal bears to the water then tributary to and being carried by the original canal or drain as estimated by the drainage engineer unless the drainage commissioners for the established district shall otherwise agree with such parties making application for such connection.
Sec. 49a. Whenever it becomes necessary or advantageous for an individual, corporation or drainage district, established or to be established, under this act, to secure drainage outlets through one or more drainage districts already established, as provided in the preceding sections of this act, and when it shall appear from the report of the engineer of such established district that the canals, drains or outlets of such established district, are not of sufficient capacity to carry the excess of water that would be discharged therein by reason of such connections, or that such additional discharge of water would endanger the initial canals and drains, or the lands and property adjacent thereto; then and in that case, the county court in which the initial district is situated, shall nevertheless authorize such individual, corporation, company, or drainage district, as the case may be, to make such connection and secure the desired outlets only on condition, however, that he, they or it, shall first at their own cost and expense make the necessary enlargement of the canals and drains, with which it is proposed to make connections and such increased capacity shall be amply sufficient to carry any increase of water that may be caused by such connections without danger to said canals and drains or to lands adjacent thereto.
The work of enlarging such canals and drains shall be done under the supervision and direction of the engineer of the initial district, whose salary shall by order of the county court be paid by the person, company, corporation or district doing such work to secure connection, as aforesaid. When the work of enlarging the initial canals and drains is fully complete to the satisfaction of the said engineer, he shall make a report to the county court, under his official certificate, showing the kind and character of work done and to what extent any of the canals and drains have been enlarged, and shall show that the increased capacity of the same is sufficient to carry any excess of water that may be added thereto by reason of such connection, and the engineer shall as a part of his report show the number of days he was actually employed in supervising said work, and also show the amount due him for such services, and on the approval of such report the court shall make an order authorizing the connections desired with such canals and drains, on payment of the amount shown to be due the engineer by said report.
SEC. 50. The drainage commissioners shall make an annual report of their acts and doings as such commissioners and file the same with the clerk of the county court on or before the first day of January of each year, which report shall show in detail the kind, character and amount of work done in the district, the cost of same and the amount paid out on orders, and for what purpose paid, and other data necessary to show the condition of improvements made under the provisions of this act.
Sec. 51. The drainage commissioners are hereby empowered and authorized to employ counsel to represent such district in the preparation of any contract or the conducting of any proceedings in or out of court, and to be the legal adviser of such drainage commissioners, upon such terms and for such fees as may be agreed upon by them and approved by the county judge, and such commissioners shall draw a warrant or warrants in payment for such legal services.
SEC. 52. Neither the county judge or any county commissioner or drainage commissioner nor the drainage engineer shall be directly or indirectly interested for themselves or as agents for any one else in the contract for the construction of any work to be performed by such drainage district, and if said officers or either of them shall, directly or indirectly, become interested in any contract for such work, or in any fee paid by such drainage district whereby he shall receive any money consideration or other thing of value, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail for not less than six months nor more than one year.
SEC. 53. All drainage districts established under this act may, by and through the drainage commissioners, sue and be sued in all courts of this State, in the name of such drainage district, and all courts of this State shall take judicial notice of the establishment of all such districts.
SEC. 54. All laws and parts of laws in conflict herewith are hereby repealed.