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COUNTIES_AUTHORIZING BONDS FOR CONSTRUCTION OF
CAUSEWAYS, ETC. S. B. Xo. 132.]
.CHAPTER 16. An Act authorizing any county in the State of Texas, having a population in
excess of fifty thousand inhabitants by the last preceding United States Census, to submit to the qualified voters the propriety of a bond issue for the construction and maintenance of causeways, viaducts, bridges and approaches across any rivers within the limits of such county, and to provide for the construction, maintenance and use of such causeways, viaducts, brides
and approaches, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. Whenever the county commissioners of any county in the State of Texas, having a population in excess of fifty thousand inhabitants, according to the last preceding census taken by the United States, deem it expedient so to do, they may order an election to ascertain the will of the qualified voters of such county to determine the propriety of a bond issue to provide for the construction and maintenance of causeways, viaducts, bridges, and approaches across any rivers and bottoms within the limits of such county, irrespective of any municipal boundaries.
SEC. 2. The commissioners court of such county shall, prior to ordering any such election as referred to in Section 1 thereof, provide for preliminary surveys and estimates for such work, and shall in the order for such election prescribe the amount and terms of such bond issue.
SEC. 3. Whenever the commissioners court of such county deem it necessary or expedient to order such election, the resolution therefor shall be recorded in the minutes of the commissioners court and the resolution shall be submitted to the property owning qualified voters of said county, at any regular or special election which may be ordered by said court for that purpose, and if at such election a majority of the votes cast thereon, shall be for such resolution, the same shall be deemed to be adopted, but if a majority of the votes cast thereon at such election shall be against said resolution it shall be deemed to be rejected.
Said election shall be governed in all respects by the law governing elections in this State and the returns shall be made and canvassed in the same manner and the results declared by proclamation of the county judge of said county, which proclamation shall be posted in at least three public places is said county, and, at the option of said county judge, published in some newspaper in said county.
SEC. 4. No person shall be permitted to vote at any election provided for in the next preceding Section of this Act, unless he is a property owner and tax payer, and qualified voter of said county. Those desiring to vote for the resolution shall have written or printed on their tickets the words, “For the Resolution to Issue Bonds to...... ” (here insert purpose of the proposed bond issue as set forth in said resolution), and those desiring to vote against the resolution shall have written or printed on their tickets the words, "Against the Resolution to Issue Bonds to
” (here insert such purpose of the proposed bond issue, as set forth in said resolution.) Such tickets shall be written or printed on plain white paper with black ink or pencil and shall contain no distinguishing mark or device, except as above provided, and if printed, shall be in type of uniform size and face.
SEC. 5. If, at the election herein provided for, a majority of the qualified voters voting thereon at such election shall vote in favor of the resolution provided for in Section 3 of this Act, and after the commissioners court has canvassed said vote and declared the result, and after the proclamation of said county judge, declaring the result, it shall be the duty of said court, under the supervision and direction of the Comptroller of this State, to prepare and execute the bonds of the county for such sums as may be deemed advisable by said court, not exceeding the amount stipulated in said resolution, said bonds to bear not exceeding five per cent interest, payable annually, and which shall be redeemable in not less than five years and not more than forty years from the date thereof, the time of maturity to be expressed on the face of the bonds, and shall have such bonds registered or enrolled as in case of other county bonds, and the same shall not be sold nor negotiated at less than their par value; provided, that in no case shall said court issue bonds under this Act for a greater sum or amount than that a levy for this purpose of five cents on the one hundred dollars property valuation of said county wili yield sufficient revenue to pay such interest, as it accrues, and will at the same time create a sinking fund sufficient to pay the principal of such bonds at maturity.
SEC. 6. When the bonds of the county are issued and sold under the provisions of this Act, it shall be the duty of said commissioners court to levy an annual ad-valorem tax on all property of the county, which tax, when collected, shall be used only for the purpose of paying interest on said bonds and creating a sinking fund to pay the principal of same.
SEC. 7. The commissioners court of such county is authorized to contract with individials, firms or corporations for the privilege of using such causeways, viaducts, bridges and approaches, or constructing and maintaining and using tracks, telegraph lines or other such privileges as said commissioners may deem expedient, but shall make no exclusive nor preferential contracts, and before executing any such contracts shall give notice by posting at the court house door and in three other public places in said county the full terms and nature of such proposed contracts before execution of same.
SEC. 8. Any revenues that may accrue from any contract or contracts made in accordance with the provisions of the preceding Section may be appropriated by the commissioners court to the maintenance and repair of such structure or structures, and such court shall have the authority to make adequate provision for such maintenance and repair as in the case of any other structure under it's control. In the event the revenues accruing from the use of any such structure shall exceed the expenditures for its maintenance and repair, any such excess shall be applied to the road and bridge fund of the county.
Sec. 9. The commissioners court shall have authority to make rules and regulations for the use of any structure erected under the provisions of this Act and to provide for the enforcement thereof.
Sec. 10. All laws or such parts of laws as are in conflict with the provisions of this Act are hereby repealed.
SEC. 11. The importance of the legislation herein proposed and the crowded condition of the calendar rendering it improbable that this bill can be read on three several days, creates an emergency and an imperative public necessity that the Constitutional rule requiring that bills be read on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.
[ NOTE.—The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 28. nays 0; and passed the House by the following vote, yeas 111, nays 0.]
Approved February 20, 1909.
COURTS-CREATING COUNTY COURT OF TARRANT COUNTY
FOR CIVIL CASES.
S. B. No. 189.]
CHAPTER 17. An Act to create the County Court of Tarrant County for Civil Cases, to fix
and prescribe the jurisdiction thereof and to conform to such change the jurisdiction of the County Court of Tarrant county, fixing the salaries of the judges of the County Court of Tarrant county and of the County Court of Tarrant County for Civil Cases; providing for the appointment and election of the judges of said court hereby created, providing for the appointment of special judges and filling of said vacancies in said office and declaring an
emergency Be it enacted by the Legislature of the State of Texas :
SECTION 1. That there is hereby created a court to be held in Tarrant county, Texas, to be known and designated as the "County Court of Tarrant County for Civil Cases."
SEC. 2. The County Court of Tarrant County for Civil Cases shall have jurisdiction of all civil matters and causes original and appellate, over which by the general laws of the State of Texas, the county court of said county would have jurisdiction except as provided in Section three (3) of this Act; and all civil cases other than probate matters, and such as are provided in Section three (3) of this Act, be, and the same are hereby transferred to the County Court of Tarrant County for Civil Cases; and all civil writs and processes heretofore issued by or out of said county court, other than pertaining to matters over which, by Section three (3) of this Act, jurisdiction remains in the County Court of Tarrant county be and the same are hereby made returnable to the County Court of Tarrant County for Civil Cases. The jurisdiction of the County Court of Tarrant County for Civil Cases and of the judge thereof shall extend to all matters of eminent domain of which jurisdiction has heretofore vested in the County Court of Tarrant county or the judge thereof; but this provision shall not effect [affect] the jurisdiction of the commissioners court or of the county judge of Tarrant county as the presiding officer of said court as to roads, bridges, and public highways, and matters of eminent domain which are now within the jurisdiction of the commissioners court or of the judge of the County Court of Tarrant county, Texas.
SEC. 3. The County Court of Tarrant county shall retain as heretofore, the jurisdiction of all criminal cases; its jurisdiction as a juvenile court; its jurisdiction in matters pertaining to liquor licenses, forfeitures and bonds; the general jurisdiction of a probate court; it shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testamentary and of administration, settle accounts of administrators, executors and guardians ; transact all business pertaining to deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the settlement, partition and distribution of estates of deceased persons ; and to apprentice minors as provided by law. The county judge of Tarrant county shall be the judge of the County Court of Tarrant county and all ex-officio duties of the county judge shall be exercised by the said judge of the County Court of Tarrant county except insofar as the same shall by this Act, be committed to the judge of the County Court of Tarrant County for Civil Cases.
SEC. 4. Both the said County Court of Tarrant county and the County Court of Tarrant County for Civil Cases or either of the judges thereof shall have the power to issue writs of injunction, sequestration, attachment, garnishment, certiorari, supedsedeas and all other writs necessary to the enforcement of the jurisdiction of said courts; and also power to punish for contempts under such provisions as are or may be provided by the general laws governing county courts throughout the State, and to issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of said courts or of any court or tribunal inferior to said courts.
Sec. 5. The terms of the County Court of Tarrant County for Civil Cases and the practice therein and appeals and writs of error therefrom shall be as prescribed by law relating to the county courts. The terms of the County Court of Tarrant County for Civil Cases shall be held not less than four times each year, and the commissioners court of Tarrant county shall fix the time at which said court shall hold its terms, until the same may be changed according to law.
SEC. 6. The Governor shall appoint some suitable person as judge of the County Court of Tarrant County for Civil Cases, as herein constituted, who shall hold such office until the next general election after his appointment and until his successor shall have been elected and qualified and all vacancies in the said office shall also be filled by appointment by the Governor until the next general election thereafter. At the first general election held in said county and at each general election thereafter, there shall be elected by the qualified voters a judge of the County Court of Tarrant County for Civil Cases, who shall be well informed in the laws of this State, who shall hold his office for two vears, and until his successor shall have been duly elected and qualified; provided that no person shall be eligible for judge of the County Court of Tarrant County for Civil Cases unless he shall be a citizen of the United States and of this state, who shall have been a practicing lawyer of this State or a judge of a court in this State for four years next preceding his election, and who shall have resided in the county of Tarrant for two years next preceding his election.
Sec. 7. The judge of the County Court of Tarrant County for Civil Cases shall execute a bond and take the oath of office as required by the law relating to county judges.
SEC. 8. A special judge of the County Court of Tarrant County for Civil Cases may be appointed or elected as provided by laws relating to county courts and to the judges thereof.
SEC. 9. The county clerk of Tarrant county shall be the clerk for the County Court of Tarrant County for Civil Cases. The seal of said court shall be the same as that provided for county courts, except that the seal shall contain the words “County Court of Tarrant County for Civil Cases.” The sheriff of Tarrant county shall in person or by deputy attend the court when required by the judge thereof.
SEC. 10. The jurisdiction and authority now invested by law in the County Court of Tarrant county for the selection and service of jurors shall be exercised by the two courts jointly and not separately.
Sec. 11. The judge of the County Court of Tarrant County for Civil Cases shall collect the same fees provided by law for county judges in similar cases all of which shall be paid by him monthly into the county treasury and he shall receive a salary of three thousand dollars ($3,000.00) annually to be paid monthly out of the county treasury by the commissioners court.
SEC. 12. The judge of the County Court of Tarrant County for Civil Cases may be removed from office in the same manner and for the same causes as any other county judge may be removed under the laws of this State.
SEC. 13. The county judge of Tarrant county shall hereafter receive from the county treasury in addition to the fees allowed him by law. such a salary, for the ex-officio duties of his office as may be allowed him by the commissioners court.
Sec. 14. The fact that the civil business of the County Court of Tarrant county is so large as to render it impossible for said court to dispose thereof and to give proper time for trial of criminal causes and that the congestion of business in said court seriously obstructs the administration of the laws of said county, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended and this Act shall take effect and be in force from and after its passage, and it is so enacted.
[NOTE.-The enrolled bill shows that the foregoing Act passed the Senate by the following vote, yeas 28, nays (); was referred to the House, amended and passed by the following vote, yeas 92, nays 0; and that the Senate concurred in the House amendment by the following vote. veas 26, nays 0.]
Approved February 20, 1909.