The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-07-11
THE MoNroPoL1s BRIDGE.
The Bridge Paid for and the Mat.
Ter Settled.

|
The commissioners court yesterday set
tied the Montopolis bridge matter by is
suing the rest of the bonds, $4,000, and
taking an indemnify bond in the sum of
$4,000. The following is the text of the
order:
Be it remembered, That, whereas, on
July s, 1888, the county of Travis and the
King Iron Bridge and Manufacturing
company of Cleveland, O., entered into
contract for the construction of a bridge
across the Colorado river at or near the
Montopolis ford, for which the county was
TO pay to the Bridge company $4,000 in
bonds, running twenty years and bearing
SIS interest per annum, and,
Whereas, Daring the progress of the
work on said bridge, the county has exc
cuted and delivered 20 said King lion
Bridge and Manufacturing company $685.
900 In its bonds, leaving unpaid under the
contract $4,000 of said bonds;
And whereas, Ga the completion of said
bridge by said company and its tender to
the county by said company, certain diff
ferencee arose to the compliance by said
company with it's contract in construction
of said bridge as to its height and as to
the county's liability under said CON
ract;
And, Whereas, as full settlement
and adjustment Of said d Inference
as TO the height of said bridge, the said
company proposed to indemnify the
county against loss or damage to said
bridge by water or flood not rs-
ing above the high water mark at
that point of the food or overflow of
1869 for the space of ten years,
by giving bond In the sum of $4,000;
And, Whereas, said proposition was ac-
cepted by the county as full and CON-
plete satisfaction and adjustment of all
differences between the county and said
company, as to the height of said bridge,
growing out of said contract, which ad-
justment was made as a compromise of
the said differences, and not in anywise to
affect the right OF the county to show that
said bridge does not comply with said
contract, as against any other party, nor
its right to contest any claim asserted by
any other party against the county by vir.
tue of said original contract for construc-
ton OF said bridge, or any services req
dered or claimed to have been rendered
Hereunder, such compromise being made
in conformity to an order of this court,
made and entered of record July 2, 1889,
and the county then and there on its part
agreed and obligated itself upon the exc
cution of such bond, to have executed and
delivered to the said company the said
balance, $22 900, of bonds as called for in
said contract;
And,\ whereas, said company
has com piled with its part |
of said compromise by placing the county
in possession of said bridge executing and |
delivering to the county its bond of in
demnity in said sum of $4,000, as more |
fully appears of record, which bond is
heaeby accepted. Now, therefore, the |
couaty judge of Travis county is hereby |
authorized to execute to the King Iron |
Bridge and Manufacturing company the
bonds of this (Travi county, to the
amount of $4,000, running for twenty
years, and bearing interest at the rate OF |
6 per cent per annum, of like denomina-
ton as those heretofore issued under the
contract for the construction of
this bridge, and to have
same properly countersigned by |
the clerk of the county court OF this |
county, who ia hereby authorized so to do |
and also to have same property registered |
by the county treasurer, and after said ex-
ecution countersigning and registration to
deliver the same to the said King Iron
Bride and Manufacturing company or iis
agent, s. A. Oliver.
And the terms of said compromise and
the giving and acceptance of said bond of
indemnity to issuance of said $4,000
in bonds, we hereby declare to be a full
aud complete settlement and adjustment
of all differences by and between the
county and said compan as to the heiEht
of said bridge, the county, however, re-
serving the right to test said bridge as to
strength and material and workmanship
according to the original contract in every
respect except az to its height.
All the commissioners signed the order
except commissioner Schneider.