The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-24
ARTICLE OF AGREEMENT

!
Made and entered into this 10th dau of Sey
, temter, 1851, Jci,oeen .4bet Ra,oicy of I'll
city Of .Mt,cauh,e, Of the first part, and II
.Mayor and .7tdermcn Of tie c,ty of Dubuqu
Of the second part.
The said Abel Hawley, for and in considers
ton of the covenants hereinafter enumerate {
doth agree with the party of the second part, t
make harbor improvement for the said city c
Dubuque, of the following dimensions:
The entire length to be from Lorilnier's Fun
mace to the main channel ofthe Mississippi at O
near Eagle Point. To be four feet deep below ex
treme low water mark, as indicated on the ma
drawn by Captain Cram and Captain Barney
OF date gath December, 1874 and to be on
hundred feet wide, with the exception of tha
portion of said Improvement Immediately oppo
site the city of Dubuque, between the soutl
side of First and north side of Sixth streets
which portion is to be two hundred feet wide TIL,
direction of the same to be under the supervision
OF the following committee B J. OHalloran
Caleb Fl. Booth, Henry A. Wiltsc, and Edward
Langworthy; the decision and direction O.
whom, or majority of whom, shall be final or
both parties. But the said Hawley may inter
sect the Mississippi with said improvement al
any place between the head of the outer island
near Eagle Point and said Point and the part G.
said improvement along the surveyed portion OF
the city of Dubuque is to be constructed so as tc
leave levee at least one hundred feet wide be.
tween the lots fronting the water, and the ex.
treme inner edge of said Improvement
The said Hawley is to throw the dirt from
M Gerrys landing to First street. all ON the west
side, and from Sixth street, to the head of the
present canal also, all on the west side.
The work is to be commenced Immediately,
prosecuted diligently, and to be completed within
two years from this date
In case that the party of the second part deems
it necessary to have any mason work or piling
done for said harbor, it shall be done by and al
the expense of the city but the said Hawley is
to throw the dirt over such mason work or pill
ing
The said Hawley covenants and agrees with
the party of the second part, to keep the upper
end of said improvement, at the intersection of
the same with the Mississippi, clear of any sand
bars that may form therein
In consideration of the said services to be per-
formed by the said Hawley, the party of the
second part covenants and agrees to pay him the
sum of twenty-four thousand three hundred dol
lars to wit: five thousand dollars already paid :;
three thousand dollars to be paid on the execu-
ton OF these presents ten thousand three hun
dred dollars to be paid in cash in installmeuts,
as follows five hundred dollars at the end Of
each month the boat works, until the sum of ten
thousand dollars is so paid, and one nstalmcnt
OF thsre hundred dollars at The end of the mex
month the ooat wofAsi and The further sum of
SIX thousand dollars, to be paid in CITY bonds
bearing ten per cent. interest and payable in
five or ten years at the discretion of the party o.
the second part, which to be paid in five hun
dred dollar instalments at the end of each
month the boat works, after the aforesaid sum
of ten thousand three hundred dollars has been
paid
After said Hawley reports the work as COM
pleted, the same is to be examined by an engin-
eer appointed and paid by the party of the sec
ond part, to report whether or no the work is done
according to contract; and if the said Hawey
objects to said report, he is to appoint and pay
another engineer; and, in the event Of these two
disagreeing, they are to choose a third. And,
as soon as said engineer or engineers report the
fulflment of this contract, the balance of said
sum of twenty-four thousand three hundred dol
lars is to become due to said Hawley.
The said Hawley is to work on said improve
ment at all times, when practicable but he is to
have the privilege Of doing any other work at
the request of the party of the second part, and
whatever time he may be at such other work
shall be added to the said two years.
In witness whereof, the said Hawley, on his
part, has hereunto set his hand and seal, and
the said city of Dubuque, on its part, has caused
the seal thereof to be hereunto affixcd, the day
and year first above written.
PpAi r A LoNlMlER' & t1vI rT Mayor [sEAI.ll
Attest: HoRAcE Estes, Recorder.