Brownsville herald. [volume], March 29, 1929, Page TWELVE, Image 12

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ADVERTISEMENT
. In Re: Cameron Coun
I - .ter Improvement District
• twelve, in Cameron Coun
»tr —■ — District Court of Cam
| hty. Texas, 103rd Judicial
I fApri! term, A. D. 1929.
1} RA) STATE OF TEXAS
f; sheriff or any Constable
Ton County, Greeting:
over hereby commanded, that
subsets publication of this Writ
regui newspaper of general cir
ciase published in the county of
coS§i. Texas, once in each week
consecutive weeks previous
urn day hereof, you sum
i parties interested in Cam
• Unty Water Improvement
Number Twelve, in Cam
un#v°unty. Texas, to be and
C at the next regular term
°*3 District Court of Cameron
,y, Texas, 103rd Judicial bis
bl to be holden at the Cours
tef thereof, in the city of
ttfesville. Cameron County,
i cat., on the third Monday in
1 A. D. 1929. the same being
i day of April. A. D. 1929
\ j land there to answer a peti
a eft led in said Cburt on the 28th
ci$f March. A. D. 1929. by Carn
et County Water Improvement
t^lct Number Twelve, in Cam
i« County, Texas, in a certain
Iftk numbered cn the Docket of
•* Court. No. 8429. and styled “In
/ *Cameron County Water lm
2tfrtnent District Number Twelve.
U CPameron County, Texas.” said
i mfpn al’e8in3 ln substance as
ff Byxt petitioner, Cameron County
/ Mbr Improvement District Num
N ^Twelve, is a definite district
° municipal corporation, creat
nd existing under and by vir
n cf the constitution and laws
Saie State of Texas, have hereto
' been organized and establish
-s provided by Chapter 2. Title
_ of the Revised Civil Statutes
. »he State of Texas, Revision of
i 125, and acts amendatory there
f and supplementary thereto, au
jwizing Commissioners’ Courts to
k KBte and establish Water Im
I jBvement Districts, and having
ift following boundaries, to-wit:
^feleven hundred twenty and six
Mths (1120.6 > acres, more or less.
, attiated wholly in Cameron Coun
mm Texas, and being a part of
*™are No. 12. of the Espiritu Santo
tyrant, in Cameron County. Texas, j
| said share was allotted and set
|art by the final decree parti
oning said grant rendered by the
strict Court of Cameron County,
"■exas. May 6. 1889. in Cause No.
I 146, entitled ”M. Kenedy, R. King
i! : al, vs. Thomas Carson, adminis
ator, et al,” and more particularly
escribed by metes and bounds, as
allows:
i Beginning at a point in the west
ne of Share No. 12 of the Espir
tu Santo grant, where said line
intersects the center line of the
pre«nos resaca; said point being
the northwest corner of Block 12
M a subdivision of shares Nos. 12
• j20 and 22 of the Espiritu Santo j
Orant, made by the Frcsnos Land :
and Irrigation company as shown !
on a map cf said subdivision of ;
record on page 9 of Vol. 3. of the j
Map Records of Cameron County,
Texas: thence with the west line
of said Share No. 12. N. 7 degrees
• E. 9319.9 feet, more or less, to the ;
northwest corner of a certain 3803
acre tract cut of share No. 12,
originally conveyed by San Benito i
Land and Water company to Lon
bl Hill, by deed dated August 25,1
1912. and of record on pages 94-95,
of Vol. 25. of the Deed Records or
Cameron County. Texas, and being
the southwest comer cf a certain j
6177 acre tract of land in said
Share No. 12 conveyed to P. W.
Samuel, Trustee, by R. E. Brooks
jby deed dated March 18. 1927. and
recorded in the Deed Records of
, said County, on pages 314-316. of
Vol. 1G3, of said records; thence,
with the dividing line between said
Hill and Brooks tracts, S. 83 de
grees 36 minutes E. 4394.5 feet to a
point on the east line cf said Share
No. 12. the northeast corner of said
Kill tract and the southeast ccr- j
ner of said Brooks ract: thence
with the east line cf said share No.
t. 12. S. 6 degrees 26 minutes W. 10,
. 664.9 feet to its intersection with ,
the center line of said Fresnor
j 1 Resaca, a point on the north line
j of block 9 of said Frcsnos Land and
}{ Irrigation company's subdivision, j
hereinbefore referred to; thence in <
! a westerly direction .u'i the cen- i
4 ter cf said Resaca. following the
north line of blocks 9. 10. 11 and
12 of said Frcsnos Land and Irri
\ gat ion company’s subdivision to tlm
, northwest corner of said block 12
the place of beginning, and con
taining within th said metes and
bounds 1120.6 acres, more or less.”
< That said district was created
under Section 59 cf Article 16 of
the Constitution of the State of
Texas, and the statutes enacted in
pursuance thereto and is now a
Conservation and Reclamation
District organised and operating
under said Section 59 cf Article 16.
of the Constitution of Texas.
That at the first election for di
rectors of your petitioner, H. H.
Roddy. Wimberly McLead, D. B.
Trexler. J. C. Woodworth and R.
Lee Kempner were duly elected, and
1 thereafter r11 of said directors ex
cept the said R. Le« Kemoner
qualified 8S such directors and or
ganized by electing Wimberly Mc
Leod as president, J. C. Woodworth
as secretary, and H. H. Roddy as
president pro tern; that the said
R. Lee Kempner failed to qualiiv
as a director and notified the
Board of Directors of this district
that he did not intend to qualify,
and Geo. E. Phillips was elected by
said Board of Directors as a direc
tor of the district in place of the
said R. Lee Kempner. and the said
Geo. E. Phillips qualified as such
j director, and the Board of Direc
tors thereupon elected the said
' Geo. E. Phillips as secretary pro
' tern of said district: all of the said
‘ directors and officers arc at this
time acting as such directors and
officers.
That on to-wit, the 4th day or
September, A. D. 1928. there was
presented to the County Commis
sioners’ Court of Cameron County
Texas, then in special session, a
petition in writing signed by R.
Lee Kempner, and others, being a
majority in number of the holders
?f title to the lands situated within
the proposed district, and repre
senting a majority in value of the
lands therein, as indicated by the
county tax roils of all of said
lands- within said boundaries, gray
ing for the establishment of * wa
ter improvement district, setting
% * i"WM
LEGAL ADVERTISEMENT
forth in said petition the neces
sity, public utility and feasibility
and the boundaries of said pro
posed district, which are the boun
i daries above set out, and designat
ing Cameron County Water Im
I proVement District Number Twelve
i as the name for such proposed
district, which name includes tne
name of the county in which such
proposed district is situated, copy
of said petition being included m
the transcript of the proceedings
i had in the formation of said dis
| trict which is filed herewith and
I is here referred to and made a
I part hereof.
That said Commissioners' Court
i on the same day and at the same
I meeting at which said petition was
: presented, duly made and entered
! an order setting said petition down
; for a hearing at a special session of
i said Court to be held at the Court
House in the city of Brownsville,
in Cameron County, Texas, on ti*
22nd day of September. A. D. 1928,
I at which time and place any per
son whose lands are included in
: and would be affected by the crea
' tion of said district might appear
| before said court and contest the
! creation of said district, or contend
j for the creation of said district,
| and further ordered that any per
i son at such time and place might
offer testimony to show that said
I district is. or is not necessary, and
would or would not be of any pub- j
I lie utility, and that the creation of
i said district would or would not be
i feasible or practicable, and at such '
| time and place said Court would |
: adjudge and determine all contests
! and objections to the creation of
! such district, and all matters per- j
taining to the same, and said i
Court further ordered the Clerk of |
said Court to give notice of the
time and place of said hearing, in !
the manner and for the length of j
time required by law. and to make
due return as provided by law,
which said order is shown in the
! copy of the proceedings above re- j
| ferred to. and. the same is here re- j
ferred to, and is made a part'
hereof.
That notice of said public hear
ing was given by the Clerk of said
i Court for the length of time and
in the manner and form as re
quired by law. and in accordance
with said order, and due return
thereof made, which said notice
and return are shown in the copy
of the proceedings filed herewith,
and the same is here referred to
and made a part hereor.
That cn the 22nd day of Sep
tember. A. D. 1923, as provided bv
its order of date September 4. 1923.
the Commissioners Court met at a
special session at the Court House
in the city of Brownsville, Cameron
County. Texas, and on said date
said Court duly heard and consid
ered said petition, and at said hear
ing it was shown and made to ap
pear and so found by the Court
that, the petition of the said R. Lee
Kempner, and others, praying for
the creation and establishment of
said Water Improvement District
had been duly presented at a spe
cial session of said Court he’d on
the 4th day of September, A. D.
1928, and that said petition was in
due and legal form, and contained
the requisite number of signers
thereto, and that said petition had
been set down by the Court for a
public hearing at a special session
or term of said Court, to be held
at the Court House, in the City ot
Brownsville, September 22. 1923.
and said Court found that due and
legal notiec of the date and place
of said hearing had been given in 1
the manner and form and for th-’
length of time, and due return
thereof made and filed, as required
by law, and at said public hear
ing an opportunity was offered by
said Court to each and all persons
whose lands are included in and
would be affected by the creation ,
of said district to contest the crea
tion of said district, or contend for
the creation thereof, and to offer
testimony to show that such dis
trict is or is not necessary and
would or would not be of public
utility, an 1 that the creation o: j
said district would or would not be.
feasible or practicable: and said !
Court, after hearing all the «vl- ,
dene* offered at said hearing and
all matters pertaining to the same,
on September 22. 1923, made and
entered its findings of record that
the creation and organization oi
said Water Improvement District to
practicable and feasible, that It c
needed and would be a public bene
fit and a benefit to all of the lands
included in said district, and said
court further found and caused
said findings to be entered of rec
ord. that it is practicable and fea
sible for said proposed water im
provement district to carry out the
purposes of its creation in any one
of the methods proposed and sub
mitted to said Court by petitioners
in general terms as follows:
First: By the construction of a
pumping plant on the Rio Grands
river at a point to be selected by
the Engineer of said district and
the construction of a main canal
from said pumping plant across
intervening lands and onto the
lands included in this district.
Second: Ev contracting with
Cameron County Water Control
and Improvement District Number
Six, or Cameron County Water
Tmnrovement District Number
Two, each of which has a canat
system in the immediate vicinity
of th£se lands and derives its wa
ter from said river, to deliver said
water by means of its pumping
plant and through its canals to and
onto the lands of the proposed dis
trict.
Third: By entering into a con
tract with said Cameron County
Water Control and Improvement
District Number Six or Cameron
County Water Improvement Dis
trict Number Two for the joint
ownership, construction and opera
tion of irrigation works and reser
voirs. to deliver said water to and
onto the lands of the proposed dis
trict.
Said water so delivered, in eith
er one of the proposed methods to
be distributed by means of canals
and laterals, directly to the lands
included in this proposed district,
where said lands can be irrigated
by gravity and, wherever on ac
count of the elevation of said
lands it is impossible to irrigate
same by gravity, said water to be
stored in the lakes and resacas
situated in this district and from
thence delivered to said land by
means cf re-lift pumps; and the
Court further finds that the con
struction of said system or the
making of said contracts and the
improvements thereto would be a
LEGAL ADVERTISEMENT
public benefit to said district and
to the lands included therein,
which said Order is shown in the
copy of the proceedings filed here
with, and the same is here refer
red to and made a part thereof.
That at the conclusion of said
hearing said Court on September
22, 1828. duly made and entered its
! order, judgment and decree, creat
j ing and establishing a water im
provement district in Cameron
county, Texas, to be known as
•Cameron County Water Improve
| ment District Number Twelve, ’
with the boundaries hereinbefore
set.out. and said Court further or
dered that an election be held
within said district on the 20th
day of October, A. D. 1923. at which
election there should be submitted
the following propositions: “For
the Water Improvement District.”
“Against the Water Improvement
District.” “For the , Issuance of
Notes of said District.” “Against
the Issuance of Notes of said Dis
trict,” (said notes being for the
purpose of paying the cost of or
ganizing, surveying, maps and
j plats, and all other indebtedness
; prior to the issuance of bond%), and
the election of five directors for
said district. That in said Order
directing that an election be held
j in said district there was designat
ed a polling place for such election
and said Court, by the terms of
said order, selected and appointed
the Judges for said polling place,
and designated one of such Judges
to be presiding judge, and also se
lected two clerks for said polling
place; and said court further order
ed that notice of said election be
given and posted in the matter
and form, and for the length of
time required by law; all of which
is shown in the copy of the pro
ceedings above referred to and
herewith filed and made a part
hereof.
That notice of said election was
given and said election was held
and due return thereof made as pro
vided by the orders of said court,
and the laws cf the State of Texas,
as will more fully appear from the
transcript of the proceedings had in
the formatio nof said district filed
herein and made a part hereof; that
on the 30th day of October, 1928,
at a special session of the Commis
sioners court of Cameron County,
Texas, the said court canvassed the
returns of the election held on the
20th day of October. 1923. in the
proposed Cameron County Water
ImDrovement District No. Twelve,
in Cameron County. Texas, at which
election there were submitted the
following propositions:
“For the Water Improvement
District.” “Against the Water Im
provement District.” “For the Is
suance of Notes of Said District.”
"Against the Issuance of Notes of
Said District,” (said notes being for
the purpose of paying the cost of
organizing, surveying, mans and
plats, and ail other indebtedness
prior to the issuance of bonds), and
the election of five directors for
said district; and at said hearing
it was made to appear to the court
that said election was in all re
spects lawfully held, and said re
turns duly and legally made, and
that there were cast at said elec
tion five votes, of which number 5
votes were cast "For the Water Im
provement District.” and no vote
was cast “Against the Water Im
provement District,” 5 votes were
cast “For the Issuance of Notes of
said District’ and no vote was cas'
“Against the Issuance of Notes of
Said District.” and said court duly
made and entered its findings that
a majority of the votes of the resir
dent property taxpayers voting
thereat wr~e cast in said election in
favor of the creation of said Wa
ter Improvement District and of
the Issuance of Notes of said Dis
trict; and after canvassing the votes
cast for directors of said district
the court found and decreed that
H. H. Roddy. V/imberly McLeod. D.
B. Traxler. J. C. Woodworth and
R. Lee Kempner had received the
highest number of votes cast at
said election for directors of said
district, and said parties were de
clared to be duly elected as such
directors, and It was ordered that
a certificate of their election should
be issued to them, and said court
further made and entered in its
minutes an order setting forth the
facts, as required by law, and cre
ating and establishing said district
under the name of “Cameron Coun
ty Water Improvement District No.
Twelve, in Cameron county. Texas,
and further ordered and directed
that the clerk of Cameron County,
Texas, make, file and record in the
Deed records of said county, a cer
tified copy of the said order of
said court creating said district,
and to properly index the same, in
the manner provided for recording
and indexing deeds, which said or
der is shown in the copy of the
proceedings filed herewith, and here
referred to and made a part hereof.
That said court further found
that at the election aforesaid a ma
jority of said voters voting thereat
voted and cast their ballots in fa
vor of the issuance of notes and de
clared that it should be the duty of
the board of directors of said dis
trict, when qualified, to issue notes
of said district, in a sum not to ex
ceed the maximum percentage al
lowed by law. based on $100,000, that
being the proposed and estimated
cost of improvements to be made
in said district, for the purpose of
creating a fund to pay the costs
of the organization of the district
and the costs of all surveys, investi
gation. engineering, issuance of
bonds, making and filing of maps
and Reports, all legal expenses con
nected therewith, and all other
costs and expenses authorized or
made necessary by the provisions
of law. and to sell said notes, or
to exchange the same, in payment
for such costs and expenses, said
notes to be secured by the assess
ment. levy and collection of taxes
as provided by law for the assess
ment. levy and collection of taxes
for the payment of the bonds of
said district, and to be paid off,
satisfied and discharged out of the
proceeds of the bonds when issued
and sold, but ordered that if bonds
of said district should not be voted
at an election held for that purpose,
then and in that event the notes
so issued should continue in force
and effect and to be paid off, satis
fied and discharged by the assess
ment levy and collection of taxes
by said district to pay note issues,
all as shown in the copy of the pro
ceedings above referred to, filed
herewith, and made a part hereof.
That all the directors elected at
such election, except R. Lee Kemp
ner, duly qualified by taking the
oath and entering into good and
sufficient bonds in the amount and
conditioned as required by law which
were duly apprived by the commis
sioners court of Cameron- County,
Texas, and after being so/approved,
said bonds, together ^vitiy the oaths
=»—" —■ v,
LEGAL ADVERTISEMENT
taken by said directors, were filed
with the county clerk of Cameron
County, Texas, to be by said officer
recorded as required by law, as will
[more fully appear from the copy of
th eproceedings filed herewith and
made a part hereof, and that Geo.
J E. Phillips was duly appointed and
j duly qualified to fill the vacancy
created by the failure and refusal
of the said R. Lee Kempner to qual
ify and serve as such director as
twill more fully appear from the
copy of the proceedings of the board
of directors filed herewith and made
la part hereof.
That each of the person elected
j as officers of your petitioner, was at
[the time of his election, and so re
mained at ell times while serving as
such officer, a resident of the State
of Texas, and the owner of lands
subject to taxation within said Wa
ter Improvement District; and at
the time of such election was over
twenty-one years of age; and each
of them were, and while acting as
such officers, have at all times since
been duly qualified in all respects
to act as such officers of your pe
titioner.
That after the election and qual
ification of said board of directors,
said board, as provided by law, held
its first meeting in Harlingen, Tex
as, on the 8th day of November A.
D. 1928, and duly organized by
electing Wimberly McLeod as presi
dent, J. C. Woodworth as secreary,
H. H. Roddy as president pro tem,
and Geo. E. Phillips as secreary pro
tem; sa.d board further provided
and ordered that a seal fo rsaid dis
trict should be procured, all as
shown in the transcript of the min
utes of the said board of directors
filed herewith, and made a part
thereof.
That an order was duly made and
entered adopting the prior survey
of the boundaries of said district
and the markings theerof, the said
boundaries and markings being al
ready established, and J. M. Kopp
was appointed as assessor and col
lector for said district.
That immediately after the qual
ification of the said assessor and
collector, as provided by law, be en
tered upon the discharge of his of
ficial duties, and at once proceeded
to make an assessment of all the
taxable property, both real, person
al and mixed, in said district, upon
blanks provided by the directors of
said district, and in the manner
provided and required by law.
That the directors of said district!
on the 15th day of January, 1929, j
in accordance with the provisions
of law. duly appointed three com
missioners, viz: Kurt Nauman, R.
A. Rose and J. L. Bozard, each be
ing a qualified voter and a resident!
property owner in said district, who j
were styled the beard of equaliza
tion for the year 1923; and said
board of directors duly entered an i
order designating the 11th day of
February. 1S29. as the time for the
meeting of said board, for the year
1929; all of which is shown in the
transcript of the minutes of said!
board filed herewith and made a 1
part hereof.
That at the time fixed for its!
first meeting said board of equal-1
ization met, and thereafter from
time to time examined, equalized,
passed upon and approved the said
assessment, and thereafter the as
sessed rolls were duly made and re
turned by the assessor, and ap-1
proved by the board of directors of I
said district, all as required by law. j
That after the establishment of
said Water Improvement District,
at the time and in the manner pre
scribed by law. the board of dircc-j
tors of said district appointed one
R. S. Fessenden, who was duly qual
ified, as engineer for said district,
whose duty it was to make a com
plete survey of the lands contained
in said district and to perform such
ether duties as is required of said
engineer by law, wnich is shown
in the copy of the proceedings filed
and made a part hereof.
That said R. S. Fessenden, ap
pointed as engineer of the district;
proceeded to discharge the duties
required of him by the board of
directors of the district, and in due
time made and filed with the board
of directors of the district maps,
profiles, specifications and estimates
as required by law, together with
a written report showing the esti- 1
mated amount necessary to secure a 1
contract from Cameron County Wa
ter Control and Improvement Dis
trict No. Six. whereby said district
will pump and deliver through its
pumping plant and irrigation sys
tem water from the Rio Grande
river to some point at or near the
boundary of this district, is the sum
of $25,025, and the amount neces
sary to make the necessary connec
tions thereto, and to construct the
necessary pumping plants, canals,
reservoirs and other improvements
proposed to be made in Cameron
County Water Improvement Dis
trict No. Twelve is the sum of $94,
375, or a total of $120,000.
That on the 16th day of Febru
ary. 1929. at a meeting of the board
of directors of your petitioner came
on to be considered by said board
the matter of the issuance of bonds
for said district in the sum of $120,
000 for the purposes aforesaid; and
it appearing to the satisfaction of
the board that said district had
heretofore been duly and regularly
laid out. defined and established,
and that the directors and officers
thereof had theretofore duly qual
ified as such, and the assessor and
collector of said district had there
tofore made an assessment of all
taxable property within said district,
which had been duly passed upon
and approved by the boar dof equal
ization of said district, and that
assessment rolls had been duly
made and returned by the assess
or and collector of said district,
which had been in all things ap
proved as required by law, and that
said assessment rolls show the tax
able value of all the real estate
within said district to be $512,800.
and that the engineer of said dis
trict, who had therefore been ap
pointed had performed the duties
required by law, and who had made
and filed maps, profiles, specifica
tions and estimates as required by
law showing that the amount nec
essary to secure a contract to be
supplied with water from the Rio
Grande river through the irrigation
system now belonging to Cameron
County Water Control and Improve
ment District No. Six is the sum of
$25,625, and to make the necessary
connections thereto and to construct
the necessary pumping plants, ca
nals, reservoirs and other proposed
improvements to be mads in Cam
eron County Water Improvement
District No. Twelve is the sum of
$94,375, making a total of $120,000;
and that in order for said district
to secure said contract, make the
necessary connections, and do the
construction work aforesaid within
your petitioner district, all as here
inbefore set out, it would be neces
sary for said district to issue its
bonds in the sum of $120,000; and
it further appearing to the satisfac
tion of said board of direct cr
LEGAL ADVERTISEMENT
as required by and in full compli
ance with law, this project and
said proposed issuance of bonds had
theretofore been duly investigated
and finally approved Ijy the state
board of water engineers,—it was
thereupon ordered by the board
of directors of' Cameron County
Water Improvement District No.
Twelve, that an election be held
within said district and at the poll
ing place named in said order, on
the 1.4th. day of March. 1929. at
which election there should be sub
stituted to the qualified voters of
said district the following proposi
tions and none other, to-wit: "For
the Issuance of Eonds and levy of
tax and payment therefor. “Against
the issuance of bonds and levy of
tax and payment therefor; and said
board in said order named a poll
ing place for such election in said
district, and also selected and ap
pointed two judges, designating one
presiding judge, and two clerks, for
said polling place, designated in
said order; and it was further or
dered by said board of directors
that a notice of said election be giv
en by the secretary in the manner
and form, and for the length of
time required by law; and said or
der further provided that the man
ner of conducting said election laws
of the State of Texas, except as
provided in chapter 2, title 128, of
the revised civil statutes of the State
of Texas, except as provided in
chapter 2, title 128, of the revised
civil statutes of the State of Texas,
revision of 1925, and in acts amen
datory thereof and supplementary
thereto; and in sail order said board
further provided who should be en
titled to vote at said election, the
form of the ballot to be used1, the
oath to be taken by every person
who offered to vote at said election,
the purpose for which said election
was to be held, and the manner
and form in which the returns of
said election should be made; all
of which will more fully appear by
reference to said order shown in
the transcript of the minutes of
the board of directors filed herewith,
and made a part of the minutes
board of directors filed herewith,
and made a part hereof. That no
tice of said election was given as
required by law and said election
was duly and lawfully held in asid
district at the polling place named
in said order, on the 14th day of
March A. D., 1929, and returns
thereof were made in the manner
and form and within the time pre
scribed by law, as shown in the
copy of the proceedings filed here
with and made a part hereof.
That on the 18th day of March
A. D., 1929. at a special session
called for the purpose of canvass
ing the votes cast at said election
on the 14th day of March A. D„ 1929
the board of directors of said Wa
ter Improvement District met and
canvassed the returns of said elec
tion held on the 14lh day of March.
1929, at which election there was
submitted the following proposi
tions; “For the issuance of bonds
and levy of tax and payment there
for." “Against the issuance of bonds
and levy of tax and payment there
for;”-and it having been made to
appear to said board of directors
that said election was in all re
spects lawfully held, and that the
returns of such election had been
duly regularly made, there were cast
at said election five votes, of which
number five votes were cast "For
the issuance of bonds and levy of
tax in payment therefor,” and no
votes were cast “Against the issu
ance of bonds and levy of tax in
payment therefor;” and said board
found taxpayers voting at said elec
tion were cast in favor of the is
suance cf bonds and levy of tax and
payment therefor, and thereupon
said board of directors duly entered
a norder declaring that the issu
ance of said bonds and the levy of
said tax had been authorized bv said
election; which said order is shown
in the cony of the proceedings here
with filed and made a part hereof.
That at said meeting of the board
of directors of said district, held
at the office of said district on the
18ih day of March, 1929. came on
to be considered the matter of is
suing the bonds of said district;
and it appearing to the board of di
rectors of said district that an elec
tion duly held in said district, for
the purpose, on the 14th day of
March A. D.. 1929, a majority of
the resident property taxpaying vo
ters who were qualified voters in
said district, voting therein at said
election, cast their votes in favor of
the proposition ‘'For the issuance of
bonds and levy of tax in pavment
therefor," by a unanimous vote, and
that the result thereof had been
duly declared by said board of di
rectors as provided by law; and said
board thereupon made and entered
of record its order that the bonds
of said district to be called Cam
eron County Water Improvement
District No. Twelve Bonds, be is
sued under and by virtue of the
constitution and laws of the State
of Texas and particularly of chap
ter 2. title 128. of the revised civil
statutes of the State of Texas re
vision of 1925, and acts amenda
tory thereof and supplementary
therto, for the purpose of the pur
chase by said district of a contract
to be supplied with water from the
Rio Grande river through the irri
gation system owned by Cameron
County Water Control and Improve
ment District No. Six. and for the
purpose of paying the cost and ex
pense of .connecting thereto, of con
structing the necessary pumping
plants, canals, reservoirs, and other
improvements proposed to be made
m said Cameron County Water Im
provement District No. Twelve, and
of paying the incidental expenses of
organization and other expenses au
thorized by law.
And said board further ordered
that said bonds should be dated
March 15, A. D., 1929, and should
be m the aggregate sum of $120,
000, and numbered consecutively
from 1 to 120, inclusive, each and
all of said bonds being for the
sum of $1000; bond numbe 1 ma
turing March 15, 1934; bond number
2 maturing March 15, 1935: bond
number 3 maturing March 15. 1936;
°?nd niJmb€r 4 maturing March 15,
lo37; gbond number 5 maturin
March 15, 1938; bond number 6 ma
turing March 15, 1939; bond num
ber 7 maturing March 15. 1940:
bonds number 8 and 9 maturing
March 15. 1941; bonds number 10
and 11 maturing March 15, 1942
bonds number 12 and 13 maturing
bonds number 18 and 19 maturing
March 15, 1943; bonds number 14
and 15 maturing March 15, 1944
bonds number 16 and 17 maturing
March 15, 1945; bonds number 18
and 19 maturing March 15, 1946
bonds number 20 and 21 maturing
March 15, 1947; bonds number 22
and 23 maturing March 15, 1948
bonds number 24 and 25 maturing
March 15. 1949; bonds number 23
and 27 maturing March 15, 1950*
bonds number 28 to 30, inc., matur
ing March 15, 1951; bonds number
31 to 33. inc., maturing 'March 15,
1952; bonds number 34 to 86, inc,,
LEGAL ADVERTISEMENT
maturing March 15, 1953; bonds
number 37 to 39. inc., maturing
March 15, 1954; bonds number 40 to
42, inc., maturing March 15, 1955;
bonds number 43 to 46, inc., matur
ing March 15, 1956; bonds number
47 to 50, inc., maturing March 15,
1957; bonds number 51 to 54, inc.,
maturing March 15. 1958; bonds
number 55 to 58, inc., maturing
i March 15, 1959; bonds number 59 to
,63, inc., maturing March 15, 1960;
! bonds number 64 to 68. inc., ma
turing March 15, 1961; bonds num
jber 69 to 73, inc., maturing March
[ 15, 1962; bonds number 74 to 78, inc.,
maturing March 15, 1963; bonds i
number 79 to 84, inc., maturing
March 15, 1964; bonds number 85 to
90, inc., maturing March 15, 1965;
bonds number 91 to 97, inc., matur
! ing March 15, 1966; bonds number
j 98 to 104, inc., maturing March 15,
[1967; bonds number 105 to 112, inc.,
i maturing March 15, 1968; and bonds
j number 113 to 120, inc., maturing
j March 16, 1969; the said order so
entered setting forth fully and in
J detail tne number, the date of ma
turity, denomination, and the total
I amount of bonds due each year;
and also setting fort ha copy of said
bonds, and the coupons attached
thereto. And it was further pro
j vided in said order that said bonds
! should bear interest from their dates
j at the rate of six per cent per
j annum, payable semi-annually (ex
cept that the first interest coupons
I shall be for 12 months interest) on
j the 15th day of March and Septem
I ber ,of each year, after date. And
that the principal and interest on
! said bonds should be payable on
presentation and surrender of bonds
and the proper coupons, at the Sea
I board National bank of New York
I City, New York; and further that
i said bonds should be signed by the
' president and attested by the secre
tary of the board of directors of
| said district, and the seal of said
| district should be affixed thereto;
j provided, however, that the signa
tures of said president and secre
! tary may be printed or lithgraphed
! on said coupons, and that said bonds
shall be registered by the comp
troller of public accoutns of the
State of Texas, as required by law
and that a record of said bonds is
sued should be kept by the county
clerk cf Cameron County, Texas, as
required by law; and it was further
: ordered that to pay the interest on
I said bonds and to create a sinking
[ fund for the redemption of said
bonds at their maturity, there
! should be annually levied, assessed
j and collected an ad valorem tax up
[ on all of the taxable property sit
; uated within said district, real, per
| scnal and mixed, sufficient to pro
i duce amounts necessary to pay the
interest and principal on the bonds
i maturing each year, the said order
I so entered showing in detail the
j amounts neecssary to be raised to
pay interest and the principal of
j said bonds maturing each year; and
! for the purposes mentionedsaid
I board levied for each of the years
j 1929 to 1963, both inclusive, an ad
i valorem tax of $2.11 on each $100
i valuation of all taxable prooerty in
| said district, or so much thereof as I
; might be necessary to provide the
| amounts specified in said order, and
j provisions to meet the requirements
j thereof, should be in due time, man
! ner and season, annually thereafter I
1 made; and it was further provided j
i by said order, that the proceeds of j
j taxes thereinbefore levied, as set |
| out, should be preserved in a separ
i ate fund, to be designated as an
"Interest and Sinking Fund” and
that no part of the proceeds of said !
j tax should be applied or used for j
j any other purpose than the pay- j
ment of principal and interest of
the bonds authorized to be issued, or
until all of the said bonds and cou- j
pons have been paid and cancelled;
and further provided that there
should be annually levied, assessed !
and collected an advalorem tax up
on all of the taxable property sit
uated within said district, suffici
ent to pay the exDenses of assessing
and collecting said tax for principal
and* interest, and said board levied
and assessed for the year 1929 an
advalorem tax of five cents on each
$100 valuation of all of the tax
able property within said district,
die same to be applied to the pur
poses named, as the law directs, i. e
for the purpose of paying the ex
I penses ot assessing and collecting
I taxes for the payment of prin
cipal and interest on said bonds
and being in addition to the tax of
I, ^ Per $100 avluation, previous
ly levied for that purpose; which
said board of directors, herewith
n*2d and here referred to and made
to and made part hereof.
Your petitioner alleges that all
of the acts, conditions and things
requisite and necessary to be done
in the creation of your petitioner
a Water Improvement District, and
in connection with the issuance ot
said Bonds and levy of taxes in
payment therefor, and the levy of
an additional tax to defray the ex
penses of collecting the taxes lev
ied for the payment of interest and
principal of said bonds have been
done, happened and performed in
regular and due form, and in the
manner required by the Constitu
tion and laws of the State of
Texas; and that the total amount
of said Series of Bonds, together
with all other indebtedness of said
district, and the taxes levied, do
not exceed the Constitutional and
Statutory limitation.
Your petitioner represents that
the Statutes and Laws hereinbe
fore referred to, authorizing th6
creation and establishing of water
improvement districts, the man
agement and control thereof, and
the issuance of bonds therefor, pro
vide that before such bonds are
offered for sale, such Water Im
provement District shall bring an
action in the District Court in any
county of the Judicial District in
which said Water Improvement
District may be situated or in the
District Court of Travis county.
Texas, to determine the validity
of such bonds; and that such ac
tion shall be in the nature of a
proceeding in rem, and that juris
diction of all parties interested may
be had by publication of a general
notice thereof once each week for
at least two consecutive weeks in
some newspaper of general circula
tion published in the county in
which said district is situated; and
notice shall also be served upon
the Attorney General of the State
of Texas, of the pendency of said
action in the same manner as in
civil suits; your petitioner brings
this action under and in accord
ance with the provisions of said
law for the purpose of determining
the validity of said district, and or
said Bonds.
Wherefore, your petitioner prays
that this petition and the copy oi
the proceedings accompanying
same be filed, and that notice
thereof be given to the Attorney
General of the State of Texas, as
provided by law, and that further
• |
4
BL.• siwsAwP ' ' " *sSr i ‘ ‘ > % >> :. ’
-——■ .. J. -
LEGAL ADVERTISEMENT
notice be given by publication, as
provided by law; and that upon
final hearing hereof your petition
er may have the order, judgment
and decrees of this Court, adjudg
ing and decreeing said district to
be a valid and legally laid out,
created, defined and established
water improvement district within
this state, and that each and all
of said bonds aforesaid, are in all
things legal and valid, and are
just and binding debts and obliga
tions of said district, and are au
thorized to be issued, registered and
sold as provided by law: and your
Petitioner further prays 'or all such
further and other relief, both gen
eral and special, at law and in
equity, to which it may cr might
be entitled; and as in duty bound
it will ever pray.
Herein fail not. but have you
then and there before said Court
this Writ, with your return there
on, showing how you have execut
ed the same.
Witness, 'Jno. P. Scanla'n, Clerk
of the District Court of Cameron
County, Texas.
Given under my hand and seal
of said Court in Brownsville, Tex
as. this 28th day of March, A. D.
1929.
JOHN P. SCANLAN. Clerk of
the District Court of Cam
eron County. Texas.
A true copy I certify.
JNO. P SCANLAN, Clerk
District Court,. Cameron
County, Texas.
(SEAL)
3-29-5-2t-3381
SHERIFF’S SALE
THE STATE OF TEXAS
COUNT YOF CAMERON
Notice is hereby given that by vir
tue of a certain Order of Sale is
sued out of the Honorable District
Court of Cameron County on the
4th day of March 1929 by Jno. P.
Scanlan. Clerk of said Court, for
the sum of ($1425.60) Fourteen
hundred twenty five and 60-100
Dollars and costs of suit, under a
Judgment, in favor of A. L. Bracht,
Jr., in a certain cause in said Court,
No. 8332 and styled: A. L. Bracht,
Jr., vs. A. L. Bracht. Sr., and J. O.
Prentiss, placed in my hands for
service, I. W. F. Brown, as Sheriff
of Cameron County. Texas, did on
the 26 day of March, 1929. levy on
certain Real Estate, situated in
Cameron County, Texas, described
as follows, to-wit: Beginning at a
point on the line 17 of the survey of
the San Benito Land <fc Water
Company in the Conception de
Carricitos Grant of Cameron Coun
tv, Texas, which point is north 59
degrees 17 minutes West 2081 feet
from the corner common to Blocks
81. 82, 83. and 84 of said Survey
thence south 30 degrees 43 minutes
West 388.9 feet thence North 47 de
grees 13 minutes East 148.4 feet
thence North 68 degrees 34 minutes
East 103.1 feet thence south 59 de
grees 17 minutes East 322.2 feet to
the place of beginning containing
four acres more or less, and levied
upon as the property of A. L.
Bracht. Sr., and J. O. Prentiss and
that on the first Tuesday in May.
1929. the same being the 7th day of
said month, at the Court House
door of Cameron County, in the
City of Browrnsville, Texas, between
the hours of 10 a. m. and 4 p. m.,
by virtue of said levy and said Or
der of Sale. I will sell said above
described Real Estate at public
vendue .for cash to the highest
bidder, as the property of said
A. L. Bracht. Sr., and J. O. Prentiss.
And in compliance with law. I
give this notice by publication, in
the English language, once a week
for three consecutive weeks im
mediately preceding said day of
sale, in The Brownsville Herald, a
new'spaper published in Cameron
County.
Witness my hand, this 27th day
of March, 1929.
W. F. BROWN. Sheriff,
Cameron County, Texas.
By L. A. Jagou. Deputy.
3-29-5-12-3t-3382.
SHERIFF’S SALE
The State of Texas.
County of Cameron.
Notice is hereby given that by vir
tue of a certain Order of Sale issued
[out of the honorable Crminal Dis
trict Court of Cameron County on
the 25th day of February. 1929, by
Jno. P. Scanlan. Clerk of said Court,
for the sum of Sixty-three and
74-100 dollars ($63.74) and costs of
suit, unde ra Judgment, in favor
of Santa Maria Water Imp. Dist.
| No. 4 in a certain cause in said
court. No. 1167 and styled: Santa
Maria Water Improvement District
No. 4 vs. W. E. Welford and Edna
Yancy, placed in my hands for
| service, I, W. F. Brown, as Sheriff
Now! Instant contac
? , with the
department you wish*
,
IMPORTANT
NUMBERS
XALL —
No. 8 for Advertising and Busi- 1
ness Dept. |
No. 7 Editorial Dept, and News 1
JuI . ■
Room.
No. 12 Circulation |
Save time!
®e Inramswlk Herald
Iv
LEGAL ADVERTISEMENT
of Cameron Coutny, Texas, did on
the 20th day of March, 1929. Ie*T
on certain real estate, situated in
Cameron County, Texas, describ’d
as follows, to-wit:
All that certain land situated
within the corporate limits of Sint a
Maria Water Improvement District,
Cameron County Number Four, con
sisting of fiv eacres of land out of a
I part of the La Feria grant in Cam
eron County, Texas, known as five
acres of land being Lot No. 14. Riv
er Drive Subdivision on Rio Grande
River near Mercedes as per Deed
filed July 18, 1925. recorded in Vol.
137, pages 246-247 of Deed Records
of Cameron County. Texas, deed
being from H. F. & H. H. Kaiser to
W. E. Welford and Edna Yancy,
and levied upon as the property of
W. E. Welford and Edna Yancy,
and that on the first Tuesday in
Mav, 1929. the same being the 7th
day of said month, at the Court
House door of Cameron County, in
I the City of Brownsville, Texas, be
! tween the hours of 10 a. m. and 4
p. m.. by virtue of said levy and said
Order of Sale. I will sell said above
described Real Estate at public ven
due, for cash to the highest bidder,
as the property of said W. E. Wjel
ford and Edna Yancy. •/*'
And in compliance with law
give this notice by publication,
the English language, once a week
for three consecutive weeks immedi
ately preceding said day of sale, in
the Brownsville Herald, a newspa
per published in Cameron county.
Witness my hand, this 28th day
of March, 1929.
W. F. Brown. Sheriff,
Cameron County, Texas.
By D. A. Jagou, Deputy.
3-29-5-12-3t-3383.
I _ ___ _i
Air Mail Schedules
_____ *
The schedule for the mall between
Brownsville and Dallas Is announced
by the postoffice department as fol
lows:
Southbound—
Leave Dallas . 7:45 a. m.
Leave Ft. Worth . 8:15 a. m.
Leave Waco . 9:20 a. m.
Leave Austin . 10:25 a. m.
Leave S&n Antonio . 11:20 a. m.
Arrive Brownsville . 2:05 p. m.
Northbound—
Leave Brownsville . 1:25 p. m.
Leave San Antonio . 4:15 p. m.
Leave Austin . 5:10 p. m.
Leave Waco . 6:15 p. m.
Leave Ft. Worth . 7:15 p. m.
Arrive Dallas . 7:35 p. m.
The schedule for the American air
mail to Mexico City Is as follows:
Leave Brownsville . 7:30 a. m.
Arrive Tampico . 10:00 a. m.
Leave Tampico . 10:30 a. m.
Arrive Mexico City . 12:45 p. m.
Following Is the schedule for th«
Mexican air mall:
Leave Mexico City . 7:45 a. m.
Arrive Tampico . 10:15 a. m.
Leave Tampico . 10:45 a. m.
Arrive Brownsville . 1:15 p. m.
Following is the schedule on the
Brownsville-Mazatlan Route:
Leave Brownsville . 7 a. m.
Arrive Monterrey . 9:30 a. m.
Leave Monterrey . 9:50 a. m.
Arrive Torreon . 12:50 p. m.
Leave Torreon . 1:50 p. m.
Arrive Durango . 3:50 p. m.
Leave Durango . 4:10 p. rn.
Arrive Mazatlan . 6:10 p. m.
Return trip:
Leave Mazatlan . 7 00 a m
Arrive Durango . 9:00 a.' m!
Leave Durango . 9-20 a m
Arrive Torreon . 11:50 p. m;
Leave Torreon . 12:io p. m.
Arrive Monterrey . 3:10 p. m
Leave Monterrey . 4 10 n m
Arrive Brownsville . 6:10 p. m!
♦This route is operating during the
revolution only to Monterrey snJ re
turn.
POSTAL RATES
The United States air mall postage
rate is 5 cents for the first ounce and
10 cents for each additional ounce or
fraction thereof. Letters mailtV in
the United States for the poW$* In
Mexico take this rate.
Train Schedules
MISSOURI PACIFIC LINES
No. 12—To Houston. San Antonio. C
a. m.
No. 16—To Houston. San Antonio, St.
Louis, 8:35 p. m.
No. 15—From St. Louis. San Anto
nio. Houston, 7:55 a. m.
No. 11—From San Antonio and Hous
ton. 9:55 p m.
SOUTHERN PACIFIC LINES
No. 319—From Houston. San Anto
nio. 8:15 a. m.
No. 320—To Houston. San Antonio.
8:15 p. m.
NATIONAL LINES OP MEXICO
(Matamoros Station)
No. 132—To Monterrey, Mexico City,
9:50 a. m.
No. 131—From Mexico City. Monter
rey, 3:30 p. m.
RIO GRANDE RAILWAY ,
To Point Isabel, 9:30 a. m.
From Point Isabel. 4 p. m.
M. P. TRANSPORTATION CO.
Cars to Mission on the hour ever7
hour. 6 a. m. to 6 p. m.. and at 7:30
a m., 3:30 p. m.. 7:30 p. m. and 9 p. m.
To Point Isabel. 8 a. m. and 12 noon.
4 p. m.