The daily sentinel., 1908-10-05

done, performed and furnished. and
machinery in order to provide the Dis
trfct with its proposed irrigation sys
tenn completed in accordance with tn
ings, maps and profiles. in considera
tion of the payment to it at the time
and in the proportions and upon tn
basis therein set forth of the sum q
Six Hundred and Seventy Thousan
s610.000) Dollars. which said bid an
proposal was accompanied by certi
ned check for $4,000 required by tn
call for bids. and is now on file in tn
office of the Board of Directors of sal
District. and
Whereas by resolution adopted o.
September 2sth. A. ID. 1908. the Boar
of Directors of the District duly ac
makes this contract based on said spe
cifications. plans. drawings. maps an,
prohles and on said bid and propose
ance of said bid and proposal by tn
District which several1y and respect
lively are hereby declared to be publi
records; and
Whereas as inducement to the Con
tractor to make said bid and proposals
the Board of Directors of the Distric
1908, previously duly adopted the fol
lowing resolution. to-wit:
seerstsny ana thR5 dhe Of fr;esident n;rat
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-
posed irrigation system of the Or
chard Mesa Irrigation District up
on the plans and specifications
heretofore adopted by resolution
of its Board of Directors passed
each and every lawful act which
shall be requisite, necessary. or
eXpedient in order to hold a lawful
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.
and also the question whether or
not said District shall create an is
sue of Irrigation District bonds
having prior lien on the real prop
erty therein in an amount SUN,
property which are necessary to
be provided and furnished by the
District to the Contractor in or
der to enable the Contractor to
perform such contract on its part.
and also to pay to the Contractor
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
law; and also such other questions
as should then properly be submit
ted to said electors in connection
posed Irrigation system. and said
bond issue
INoW. therefore. IL rs hereby
lilly agreed by ana between the Dis
rict and the Contractor. as follows.
o-wit:
First: The Contractor shall furnish
md pay for all materials. and ma
,hinery,. and do and perform and pay
or all labor and services necessary to
construct and complete the proposed
irrigation system of the District upon
aid plans and specifications adopted
~ the Board of Directors of said Dis
Junction. Colorado, which said plans
nd specifications. bids and proposals
re hereby made part of this contract
art thereof was severally and re-
pectively set forth in the body hereof
Ipon premises, real estate and rights
4, way to be put into possession of
he Contractor by said District when
nd as required by the Contractor for
he prosecution of the undertaking.
alton system to the District all as
rovided in said specifications;
ided by. law the approval by the En-
ineer of the District of any materials
r machinery furnished upon the
rate as final and irrevocable APP
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
he Contractor in execution and per-
ormance of this contract, the gross
um of Six Hundred and Seventy Thou
and (s670.00O) Dollars, which said sum
( S6I0.000 shall be payable in manner
nd form and at the time prescribed.
peciiied and declared in said specifi,
aid bid and proposal respectively
bove mentioned.
Fourth: Anything to the contrary
hall be held for naught, unless on or
efore November o. A. ID. 1908. it shall
e duly declared in accordance. with
ST a n Dxtyf nj
lection to be called and held for the
urpose of passing upon the questions
he duly qualified electors of said Dis
rict entitled to vote thereon have au-
horized and approved this contract:
nd have also authorized and approved
he creation and issue of prior lien ir-
igation bonds of said District as pro-
ided by law in an amount sufficient
fill become due and payable to the
Contractor hereunder as well as the
osts of all rights and property which
he District is required to provide in
rder that the Contractor may per-
orm this contract on its part. and any
hereof when and If sold as provided
y law. The Contractor shall within
cen authorized and approved by said
lectors. enter into the bond required
y said specifications and by the laws
Colorado in such case provided.
Fifth: Forthwith and as soon as
lay be after the bonds of the District
ave been duly authorized as above
rovided the District shall at its own
Expense take and prosecute to con-
lusion the proceedings provided by
NV for the adjudication by the proper
ourt of the validity of the organiza-
ion of said District and of all subse-
uent proceedings to and including the
hall be also held for naught and the
bond released. Cancelled
nd surrendered. unless on or before
Iarch 18th. A ID. 1909. the District
hall have furnished to the Contractor
certified copy of valid decree of the
roper Court making the adjudication
foresaid. as provided by the laws of
colorado.
Witness the hands of the Board of
directors of the District and its cor
orate seal attested by its Secretary
nd the hands of the President and
ecretary of the Contractor and its
orporate seal the day and year first