Brownsville herald. [volume], April 05, 1929, Image 9

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LEGAL ADVERTISEMENT f
No. 8429. In Re: Cameron Coun
ty Water Improvement District
number twelve, in Cameron Coun
ty, Texas.
In the District Court of Cam
eron County, Texas, 103rd Judicial
District; April term, A. D. 1929.
THE STATE OF TEXAS
To the sheriff or any Constable
of Cameron County, Greeting:
You are hereby commanded, that
by making publication of this Writ
in some newspaper of general cir
culation published in the county of
Cameron. Texas, once in each week
for two consecutive weeks previous
to the return day hereof, you sum
mon all parties interested in Cam
err \ County Water Improvement
District Number Twelve, in Cam
ero# County, Texas, to be and
aiiflor at the next regular term
of the District Court of Cameron
County, Texas, 103rd Judicial Dis
trict, to be holden at the Court
House thereof, in the city of
Brownsville, Cameron County,
Texas, on the third Monday in
April, A. D. 1929, the same being
the 15th day of April, A. D. 1929,
then and there to answer a peti
< tion filed in said Court on the 28th
day of March, A. D. 1929, by Cam
eron County Water Improvement
District Number Twelve, in Cam
eron County, Texas, in a certain
f action numbered on the Docket of
said Court, No. 8429, and styled “In
Re: Cameron County Water Im
provp/nent District Number Twelve,
in Cameron County, Texas.” said
petition alleging in substance as
follows:
That petitioner, Cameron County
Water Improvement District Num
ber Twelve, is a definite district
and municipal corporation, creat
ed and existing under and by vir
tue of the constitution and laws
of the State of Texas, have hereto
fore been organized and establish
ed as provided by Chapter 2, Title
128, of the Revised Civil Statutes
of the State of Texas, Revision of
1925, and acts amendatory there
of and supplementary thereto, au
thorizing Commissioners’ Courts to
create and establish Water Im
provement Districts, and having
the following boundaries, to-wit:
“Eleven hundred twenty and six
tenths (1120.6) acres, more or less,
situated wholly in Cameron Coun
ty, Texas, and being a part of
Share No. 12, of the Espiritu Santo
Grant, in Cameron County, Texas*
as said share was allotted and set
apart by the final decree parti
tioning said grant rendered by the
District Court of Cameron County,
Texas, May 6, 1889, in Cause No.
1346, entitled “M. Kenedy, R. King,
et al, vs. Thomas Carson, adminis
trator, et al,” and more particularly
i described by metes and bounds, as
follows:
Beginning at a point in the west
line of Share No. 12 of the Espir
itu Santo grant, where said line
intersects the center line of the
Freenos resaca; said point being
the northwest corner of Block 12
of a subdivision of shares Nos. 12,
20 and 22 of the Espiritu Santo
Trant, made by the Fresnos Land
Sid Irrigation company, as shown
u' a map of said subdivision of
st;ord on page 9 of Vol. 3. of the
gtip Records of Cameron County,
f-xas; thence with the west line
said Share No. 12, N. 7 degrees
p 9819.9 feet, more or less, to the
•rthwesX corner of a certain 3305
e tract -cut of share No. 12,
, .ginally conveyed by San Benito
Mnd and Water company to Lon
c Hill, by deed dated August 25,
M2, and of record on pages 94-95,
* Vol. 25. of the Deed Records ot
ameron County, Texas, and being
he southwest corner of a certain
\77 acre tract of land in said
«iare No. 12 conveyed to P. W.
Hmuel, Trustee, by R. E. Brooks
t- deed dated March 18. 1927, and
'corded in the Deed Records of
iid County,, on pages 314-316, of
jil. 163, of said records; thence,
th the dividing line between said
,dl and Brooks tracts, S. 83 de
ees 36 minutes E. 4604.5 feet to a
jint on the east line of said Share
o. 12, the northeast corner of said
111 tract and the southeast cor
er of said Brooks ract; thence
ith the east line of said share No.
S, S. 6 degrees 26 minutes W. 10.
>4.9 feet to its intersection with
* le center line of said Fresnos
»saca, a point on the north line
-block 9 of said Fresnos Land and
igation company’s subdivision,
reinbefore referred to; thence in
westerly direction up the cen
r of said Resaca, following the
>rth line of blocks 9. 10, 11 and
* of said Fresnos Land and Irri
♦ion company’s subdivision to the
i j^hwest corner of said block 12.
& place of beginning, and con
!ing within th said metes and
*nds 1120.6 acres, more or less.”
: hat said district was created
ter Section 59 of Article 16, of
... s Constitution of the State of
. xas. and the statutes enacted in
> irsuance thereto and is now a
, inservation and Declamation
strict organized and operating
der said Section 59 of Article 16.
the Constitution of Texas.
That at the first election for di
ctors of your petitioner. H. H.
oddy, Wimberly McLead, D. B.
rexler, J. C. Woodworth, and R.
se Kempner were duly elected, and
lereafter all of said directors ex
1 >pt the said R. Lee Kempner
Qualified as such directors and or
anized by electing Wimberly Mc
,eod as president. J. C. Woodworth
•s secretary, and H. H. Roddy as
president pro tern: that the said
fi. Lee Kempner failed to qualify
(,as a director and notified the
| , Board of Directors of this district
I ibhat he did not intend to qualify,
I land Geo. E. Phillips was elected by
iilsaid Board of Direfctors as a direc
[g tor of the district in place of the
|Kald R. Lee Kempner. and the said
Hqm. E. Phillips qualified as such
■director, and the Board of Direc
Hkors thereupon elected the said
■g«o. E. Phillips as secretary pro
Stem of said district: all of the said
■directors and officers are at this
I# time acting as such directors and
■officers.
H [ That on to-wit, the 4th day ef
^feeptember, A. D. 1928. there was
IKresented to the County Commis
§Bdoners' Court of Cameron County.
|Brexas, then in special session, n
■petition in writing signed by R.
■Lee Kempner. and others, being a
FKiajority^in number of the holders
■Ekf title W'the lands situated within
Hiihe proposed district, and repre
1 Renting a majority in value of the
I lands therein, as indicated by the
I aounty tax rolls of all of said
|: lands within said boundaries, pray
|jKg for the establishment of a wa
ff Kr improvement district, setting
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
daries above set out, and designat
ing Cameron County Water Im
provement District Number Twelve
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
is here referred to and made a
part hereof.
That said Commissioners’ Court
on the same day and at the same
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
said Court to be held at the Court
House in the city of Brownsville,
in Cameron County. Texas, on tn?
22nd day of September. A. D, 1S28,
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
for the creation of said district,
and further ordered that any per
son at such time and place might
offer testimony to show that said
district is. or is not necessary, and
would or would not be of any pub
lic utility, and that the creation of
said district would or would not be
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
taining to the same, and said
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
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
ferred to, and. the same is here re
ferred to, and is made a part
hereof.
That notice of said public hear
ing was given by the Clerk of said
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 on the 22nd day of Sep
tember, A. D. 1928, as provided by
its order of date September 4, 1928,
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 held on
the 4th day of September, A. D.
1923, 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. 1928.
and said Court found that due and
legal notiec of the date and place
of said hearing had been given in
the manner and form and for the
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, anl that the creation of
said district would or would not be
feasible or practicable: and said
Court, after hearing all the evi
dence offered at said hearing and
all matters pertaining to the same,
on September 22. 1928, made and
entered its findings of record that
the creation and organization ol'
said Water Improvement District is
practicable and feasible, that it is
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 Grande
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: By contracting with
Cameron County Water Control
and Improvement District Number
Six, or Cameron County Water
Improvement District Number
Two, each of which has a canal
system in the immediate vicinity
of these 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, 1928, duly made and entered its
order, judgment and decree, creat
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. 1928, 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
plats, and all other indebtedness
prior to the issuance of bonds), and
the election of five directors for
said district. That in said Order
directing that an election be held
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 of 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 trie
20th day of October, 1928, in the
proposed Cameron County Water
Improvement 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, maps and
plats, and all 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 lav/fully 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 cast
“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 resi
dent property taxpayers voting
thereat were 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 pourt found and decreed that
H. H. Roddy, Wimberly 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 with the oaths
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.
E. Phillips was duly appointed and
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
will more fully appear from the
copy of the proceedings of the board
of directors filed herewith and made
a part hereof.
That each of the person elected
as officers of your petitioner, was at
the time of his election, and so re
mained at all times while serving as
such officer, a resident of the State
of Texas, and the owmer of lands
subject to taxation wuthin 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 tern,
and Geo. E. Phillips as secreary pro
tern; said 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,
in accordance with the provisions
of law, duly appointed three com
missioners, viz: Kurt Nauman, R.
A. Rose and J. L. Eozard, each be
ing a qualified voter and a resident
property owner in said district, who
were styled the board of* equaliza
tion for the year 1929; and said
board of directors duly entered an
order designating the 11th day of
February, 1929, 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
part hereof.
That at the time fixed for its
first meeting said board of equal
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
proved by the board of directors cf
said district, all as required by law.
That after the establishment of
said Water Improvement District,
at the time and in the manner pre
scribed by law. the board of direc
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
other duties as is required of said
engineer by law’, which 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 ®f the district maps,
profiles, specifications and estimates
as required by law, together with
a written report showing the esti
mated amount necessary to secure a
contract from Cameron County Wa
ter Control and Improvement Dis
trict No. Six, whereby said district
w*ill 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 $25,625, 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 wdth 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 made 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 directors, that
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 by 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 14th 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 Bonds 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 twro 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 law's
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 used, the
oath to be taken by every person
who offered to vote at said election,
the purpose for w'hich 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 show-n 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 14th day of March,
1929, at which election tnere 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 Eaid board of directors
that said election w'as 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
lax 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 of 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 by said
election; which said order is shown
in the copy 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
18th 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., 1923, a majority of
the resident property taxpaying vo
ters w'ho 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 payment
therefor,” by a unanimous vote, and
that the result thereof had been
duly declared by said board of di
lectors as provided by law'; and said
beard 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
tcr 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
“ ln aggregate sum of $120,
ooo, 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;
VnPr? number 4 maturing March 15,
1937; 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 1C
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 if
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 2f
and 27 maturing March 15, 1950'
bonds number 28 to 30. inc., matur^
mg March 15, 1951; bonds numbei
M to 33, inc., maturing March 15
1952; bonds number 34 to 36, 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
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
ber 69 to 73, inc., maturing March
15, 1962; bonds number 74 to 78, inc.,
. maturing March 15, 1963; bonds
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
98 to 104. inc., maturing March 15,
1967; bonds number 105 to 112, inc.,
maturing March 15, 1968; and bonds
number 113 to 120, inc., maturing
March 16, 1969; the said order so
entered setting forth fully and in
detail the number, the date of ma
turity, denomination, and the total
amount' of bonds due each year;
and also setting fort lia copy of said
I bonds, and the coupons attached
j thereto. And it was further pro
! vided in said order that said bonds
j should bear interest from their dates
j at the rate of six per cent per
1 annum, payable semi-annually (ex
! cept that the first interest coupons
' shall be for 12 months interest) on
the 15th day of March and Septem
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
board National bank of New York
City, New York; and further that
said bonds should be signed by the
president and attested by the secre
tapr of the board of directors of
said district, and the seal of said
district should be affixed thereto;
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 of Cameron County, Texas, as
required by law; and it was further
I ordered that to pay the interest on
said bonds and to create a sinking
fund for the redemption of said
bonds at their maturity, there
should be annually levied, assessed
and collected an ad valorem tax up
on all of the taxable property sit
uated within said district, real, per
I sonal and mixed, sufficient to pro
duce amounts necessary to pay the
! interest and principal on the bonds
I maturing each year, the said order
120 entered showing in detail the
! amounts neecssary to be raised to
| pay interest and the principal of
said bonds maturing each year; and
for the purposes mentionedsaid
board levied for each of the years
1929 to 1968, both inclusive, an ad
valorem tax of $2.11 on each $100
valuation of all taxable property in
said district, or so much thereof as
might be necessary to provide the
amounts specified in said order, and
provisions to meet the requirements
thereof, should be in due time, man
ner and season, annually thereafter
made; and it was further provided
i by said order, that the proceeds of
! taxes thereinbefore levied, as set
out, should be preserved in a separ
ate fund, to be designated as an
“Interest and Sinking Fund" and
that no part of the proceeds of said
tax should be applied cr used for
any other purpose than the pay
ment of principal and interest of
the bonds authorized to be issued, or
until all of the said bonds and cou
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 expenses 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,
the same to be applied to the pur
poses named, as the law directs, i. e,
for the purpose of paying the ex
penses of assessing and collecting
said taxes for the payment of prin
cipal and interest on said bonds
and being in addition to the tax of
$2.11 per $100 avluation, previous
ly levied for that purpose; which
said board of directors, herewith
filed and here referred to and made
to and made part hereof.
Your petitioner alleges that all
j 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 oi
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 the
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 of
said Bonds.
Wherefore, your petitioner prays
that this petition and the copy of
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
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. Scanlan, Cleric
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 faVbr 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-writ: Beginning at a
point on the line 17 of the survey of
the San Benito Land & Water
Company in the Conception de
Carricitos Grant of Cameron Coun
ty, 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 Brownsville, Texas, between
the hours of 10 a. m. and 4 p. m.,
by virtue of said levy and said Or
der of Sale, I wdll 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
newspaper published in Cameron
County.
V/itness 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.
SHERIFFS 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
LEGAL ADVERTISEMENT »|
of Cameron Coutny, Texas, did onB'
the 20th day of March, 1929, levy*
on certain real estate, situated inflB
Cameron County, Texas, describedBjl
as follows, to-wit:
All that certain land situated^B
within the corporate limits of SantaBgl
Maria Water Improvement Districty^J
Cameron County Numoer Four, con-BB
sisting of fiv eacres of land out of attj
cart of the La Feria grant in Cam
eron County, Texas, known as fiveB§
acres of land being Lot No. 24, ^i-'vBfg
er Drive Subdivision on Rio Grande b[
River near Mercedes as per PeedBli
filed July 18, 1925, recorded in Vol.^B
137, pages 246-247 of Deed Records
of Cameron County. Texas, deedBi
being from H. F. & H. K. Kaiser toBlI
W. E. Welford and Edna Yancy,H|
and levied upon as the property of
W. E. Welford and Edna Yancy.Bi
and that on the first Tuesday inH
May, 1929, the same being the 7th*
day of said month, at the CourtH|
House door of Cameron County, lnHj
the City of Brownsville, Texas, be-Bg
tween the hours of 10 a. m. and
p. m„ by virtue of said levy and said H
Order of Sale. I will sell said above H
described Real Estate at public ven- H
due. for cash to the highest bidder, BE
as the property of said W. E. Wei- B
ford and Edna Yancy. Bj
And in compliance with law, 112
give this notice by publication, in |j|
the English language, once a week Bi
for three consecutive weeks immedi- B
ately preceding said day of sale, in ■
the Brownsville Herald, a newspa- llg
per published in Cameron county. S
Witness my hand, this 28th day B
of March, 1929. ■
W. F. Brown. Sheriff, B
Cameron County, Texas. B
By D. A. Jagou, Deputy. Xl
3-29-5-12-3t-3383. * B
The schedule for the mail between B
Brownsville and Dallas Is announced fl
by the postoffice department as fol- B
lows; fl
Southbound— 9
Leave Dallas . 7:45 a. m. fl
Leave Ft. Worth . 8:15 a. m. fl
Leave Waco . 9:20 a. m. ■
Leave Austin . 10:25 a. m, fl
Leave San Antonio . 11:20 a. m. B
Arrive Brownsville .. 2:05 p. m. B
Northbound— fl
Leave Brownsville . 1:25 p. m. ■
Leave San Antonio . 4:15 p. m. fl
Leave Austin . 5:10 p. m. fl
Leave Waco .. 6:15 p. m. fl
Leave Ft. Worth . 7:15 p. m. fl
Arrive Dallas . 7:35 p. m. fl
The schedule for the American air B
mall to Mexico City s as follows: 9
Leave Brownsville . 7:30 a. m. 9
Arrive Tampico . 10:00 a. m. 9
i Leave Tampico . 10:30 a. m. 9
■Arrive Mexico City . 12:45 p. m. 9
Following Is the schedule for th« 9
Mexican air mall: 3
Leave Mexico City .. 7:45 a. m. U
Arrive Tampico . 10:15 a. m. 9
Leave Tampico .. 10:45 a. m. fl
Arrive Brownsville . 1:15 p. m. |j
Following is the schedule on the B
BrownsvlUe-Mazatlan Route: 9
Leave BrownsvUle . 7 a, ni. fl
Arrive Monterrey . 9:30 a. m. 1
Leave Monterrey . 9:50 a. m. 1
Arrive Torreon . 12:50 p. m.
Leave Torreon .„... 1:50 p. m.
Arrive Durango . 3:50 p. m. 1
Leave Durango . 4:10 p. m.
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 . 12:10 p. m. k
Arrive Monterrey .......... 3;io p. m. 1
Leave Monterrey . 4:10 p.'
Arrive Brownsville . 6:10 p. m.
*Thls route Is operating during the
revolution only to Monterrey and 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 mailed la
the United States for the points In
Mexico take this rate.
Train Schedules
MISSOURI PACIFIC LINES
No. 12—'To Houston, San Antonio, 9
a. m.
No. 18—To Houston. San Antonio. St.
Louis, 8:35 p. m.
No. 15—From St. Louis, San An to*
nlo, 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 An to*
nlo. 8:15 a. m.
No. 320—To Houston, San Antonia^
8:15 p. m.
NATIONAL LINES OF 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. TRANS PC. TATION CO.
Cars to Mission on the hour every
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,
Ip. B.
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