The daily sentinel., 1908-10-23

the work and furnishing all the mater
ial and machinery necessary 10 o
pay for all said work material an
machinery in order to provide the DIS
trict with its proposed irrigation sys
tenn completed in accordance with Tn
aforesaid specifications. plans. draw
ings. maps and profiles, in considera
ton of the payment TO II az the tifie ne,
basis therein set forth of the sum o
Six Hundred and Seventy Thousan'
proposal was accompanied by cert
fied check for $4,000 as required by tn
call for bids. and is now on file IN TN
office of the Board of Directors of sait
District. and
Whereas by resolution adopted OF
September 2Sth. A d. 1908, the Boart
cepted said bid and proposal and nov
makes this contract based on said spe
plans. drawings. maps ant
profiles and on said bid and propose
of the Contractor and on the accept
ance of said bid and proposal by th'
District. which severally, and respect
lively are hereby declared to be public
records; and
Whereas as inducement to the Con
tractor to make said bid and proposals
the Board of Directors of the Distric
on the 2sth day of September. A d
1908, previously duly adopted the fol
''Resoived that the President.
Secretary and Board of Directors
are hereby pledged. authorized and
upon the making of any contract
for the construction of the canals
and works constituting the pro-
chard Mesa Irrigation District up
on the plans and specifications
heretof3re et adopted rSy by re resolution stio5
on August II. A. ID. 1905 to do
each and every lawful act which
shall be REQUISITE necessary ,,a;s ,y ,,I,r or
election, at which there shall be
submitted to the duly qualified
vote thereat. the question wheth-
er or not such contract shall be
authorized: ratified and approved.
sue of Irrigation District bonds
having prior lien on the real prop
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.
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
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 it's said pro-
posed irrigation system. and said
bond issue.
Now, Therefore it is hereby mutu-
lily agreed by and 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
onstruct and complete the proposed
irrigation system of the District upon
aid plans and specifications adopted
he. rr-1 - \ II
rict and filed in their office at Grand
unction. Colorado. which said plans
nd specifications. bids and proposals
With like effect as if each and every
art thereof was severally and re-
pectively set forth in the body hereof
I 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.
nd the delivery of the completed irri-
alton system to the District all as
revided in said specifications;
Second: Except otherwise pro-
ided by law the approval by the En-
round or OF any work done shall op- @
rate as 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
and ts670.000) Dollars. which said sum
f $67O.0O0 shall be payable in manner
nd form and at the time prescribed
ations adopted by the District and
aid bid and proposal respectively
bove mentioned.
erein Notwithstanding. this contract
hall be held for naught, unless on or
. canvass of votes cast at lawful
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-
nd have also authorized and approved
he creation and issue OF prior lien ir-
iEation bonds of said District as pro-
ided by law in an amount sufficient
o pay the Contractor the sum which
viii become due and payable to the
hereunder as well as the
ne District is required to provide in
rider that the Contractor may per
orm this contract on its part. and anv
ther sums which must by law be paid
or in such bonds or the proceeds
hereof when and If sold as provided
" law. The Contractor shall within
en- days after this contract shall have
'een duly declared as aforesaid to have
zen authorized and approved by said
iectorS' enter INTO the pond REQUIRED
II Colorado in such case provided.
Fifth: Forthwith and as soon as
nay 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
fusion the proceedings provided by
aw 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
ssue of said bonds This contract
hall be also held for naught and the
ontractors bond released. Cancelled
nd surrendered. unless on or before
hall have furnished to the Contractor
certified copy of n 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