The daily sentinel., 1908-10-09

machinery Order TO provide tne lis
trict with its proposed irrigation sys
tenn completed in accordance with th'
aforesaid specifications. plans. draw
ings. maps and profiles, in considera
tion of the payment to 1t at the time
and in the proportions and upon th'
basis therein set forth of the sum o
Six Hundred and Seventy Thousant
CS61O.O00) Dollars. which said bid ant
proposal was accompanied by certi
ned check for $4,000 as required by th'
call for bids. and is now on file in th'
office of the Board of Directors of sai'
District. and
Whereas by resolution adopted OF
September 2sth. A. ID. 1908. the Boart
of Directors of the District duly ac
cepted said bid and proposal and nov
makes this contract based on said spe
cifications. plans, drawings. maps anC
prohles and on said bid and propose
ance of said bid and proposal by tn,
District. which severally and respect
lively are hereby declared to be public
Whereas as inducement to the Con
tractor to make said bid and proposals
the Board of Directors of the Distric
1905 previously duly adopted the fol
lowing resolution. to-wit:
Resolved that the President,
Secretary and Board of Directors
are hereby pledged. authorized and
instructed promptly and forthwith
upon the making of any, contract
for the construction of the canals
and works constituting the pro
on the plans and specifications
heretofore adopted by resolution
on August II. a. d. 1905. to do
each. and every lawful act which
shall be re1uisite necessary: or
election. at which there shall be
submitted to the duly qualified
electors of the District entitled to
vote thereat. the question wheth-
er or not such contract shall be
authorized. ratified and approved.
not said District shall create an is
sue of Irrigation District bonds
having prior lien on the real prop
erty therein in an amount suffi-
cient to provide all the rights and
property which are necessary to
be provided and furnished by the
der to enable the Contractor to
perform such contract on its part
the sum to become due and paya-
Bile to the Contractor hereunder,
as well as any other sums. which
must by law be paid for in said
bonds or. the proceeds thereof
when and If sold as provided by
law; and also such other questions
as should then properly be submit
ted to said electors in connection
with the acquisition of its said pro-
posed irrigation system, and said
bond issue"
Now Therefore it is hereby mutu-
nlly agreed by and between the Dis
trlct and the Contractor, as follows.
to-wit:
First The Contractor shall furnish
and pay for all materials. and ma
and do and perform and pay
for all labor and services necessary to
construct and complete the proposed
irrigation system of the District upon
said plans and specifications adopted
by the Board of Directors of said Dis
lrict and filed in. their office at Grand
Junction, Colorado. which said plans
md specifications. bids and proposals
ire hereby made part of this contract
with like effect as If each and every
thereof SgNprallN and
,pectivcly set forth in the body hereof.
lpon premises. real estate and rights
he Contractor by said District when
ind as required by the Contractor for
he, prosecution of the underta king.
cation system to the District all as
provided in said specifications;
Second: Except as otherwise pro-
tided by law the approval by the En-
sineer of the District of any materials
n machinery furnished upon the
rate final and irrevocable ap-
)roval by the District of such mater
ais, machinery or work as the case
Third: The District shall pay to the
for all materials and ma
'hinery furnished and labor done by
he Contractor in execution and per-
ormance of this contract. the gross
um of Six Hundred and Seventy Thou
and t$67O,00O) Dollars, which said sum
# S670.000 shall be payable in manner
md form and at the time prescribed.
Dttiutu ana utClhTtu III Sdlu SptCln-
ations adopted by the. District and
aid bid and proposal respectively
Lbove mentioned.
Fourth: Anything to the contrary
lerein Notwithstanding. this contract
hall be held for naught, unless on or
'efore. November, o.. a. d. 1908. it shall
,e duly declared in accordance with
canvass of votes cast at a lawful
election to be called and held for the
ubmitted to them. that a majority of
he duly qualified electors of said Dis
rict entitled to vote thereon have au-
horized and approved this contract;
md have also authorized and approved
he creation and issue of prior lien ir-
'igation bonds of said District as pro-
7ided by law in an amount sufficient
% pay the Contractor the sum which
Will become due and payable to the
Contractor hereunder as well the
,osts of all rights and property which
he District is required to provide in
order that the Contractor may per-
'orm this contract on its part. and any
,sher sums which must by law be paid
'or in such bonds or the proceeds
hereof when and II sold as provided
~ law. The Contractor shall within
zen days after this contract shall have
been duly declared as aforesaid to have
electors, enter into the bond required
~ said specifications and by the laws
IF Colorado in such case provided.
Fifth. Forthwith and soon as
nay be after the bonds of the District
1ave been duly authorized as above
Expense take and prosecute to con-
,lusion the proceedings provided by
aw for the adjudication by the proper
curt of the validity of the organiza-
ion of said District and of all subse-
luent proceedings to and including the
ssue of said bonds. This contract
shall be also held for naught and the
bond released. Cancelled
md surrendered unless on or before
March 18th. A d. 1909. the District
shall have furnished to the Contra actor
/ certified copy of valid decree of the
proper Court making the adjudication
lforesaid. as provided by the laws of
Colorado,
Witness the hands Of the Board of
Directors Of the District and its cor
oorate seal attested by its Secretary
md the hands of the President and
of the Contractor and its
corporate seal the day and year first
,boVc written.
ORCHARD MESA IRRIGATION DIS
TRICT.
BY FRED "; BARBER-