Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-28

such order of their maturity as may DC
designated by the Company.
In the event that the Engineer OF the
Company and the Engineer OF the DIS
trict shall be unable to agree upon the
plans and specifications OF any part
thereof. or upon the character of the
work performed or to be performed mere
under or materials furnished or used. or
the completion Of any part of the works
and construction embraced In this CON
tract under the terms hereof or In case
the Board Of Directors OF the District
shall reject any estimate of such. work
materials. and such rejection is un-
satisfactory to the Company's Engineer,
the matter In dispute shall be forthwith
submitted to Board of Arbitration
which Board shall consist OF three per-
song, one to be appointed by the Engineer
the Board of Directors of the District,
and the third to be appointed by the Two
so chosen. and the findings of the major.
ity of said Board shall be binding and
conclusive upon the parties hereto. the
expenses incurred by the said Arbitrator,
Board and proceedings before II, shail
abide the result OF the Arbitration. ana
be borne by the party against whom tue
finding Is rendered or In the event OF q
finding by the Board OF Arbitration which
shall be n compromise between the claims
of the parties hereto ouch expenses shaii
be borne as may be directed by the Board
OF Arbitration. or the majority thereof
1t is expressly agreed that the Company
shall pay the first years interest on an
bonds that may be sold or delivered by
the Trustee prior to August /. 1911, ana
the coupons numbered one and two on an
bonds sold delivered by the trustee
under the terms of this contract IRON,
and after August !. 1911 shall be detached
and cancelled by the Trustee before SAFE
or delivery. and said cancelled coupons
returned to the District All OF such
bonds sold from and after August J. lylI.
by the Trustee shall be sold for not less
than n!ne,y1ye per cent OF re pJr lime Isl
to August LIST on the uncllpped cou-
pom.
The Company shall commence the con-
struction work provided for in this con,
tract within sixty days after the final
decree of confirmation Of the bond issue
and of the organization OF said District;
and shall complete the enlargement OF
the main canal to carry at least 100 cupic
feet of water per second of time to the
division gntes, and shall complete tne
East lateral and the West Cor Ridge lat
eral according to the plans and speeifica-
lions on or before May l. 1911, or In de
fault thereof the Company SHAH forfeit
to the District the sum OF Twenty Five
Dollars t$25.O0) per day for each and every
day after the said first day of May, lyll.
until the fifteenth day of May. 1871. and
for each and every day thereafter that
said portion OF work shall remain uncom-
pleted as aforesaid.
The Pennington Reservoir and the en-
tire system shall be completed and turn
ed over in working order not later than
June 30. 1912: provided that after said pro,
ceedings for the organization OF said
District and the authorization and rhtlfi-
cation of said contract. snd the proceed
ings of said bond election have all been
examined and approved by the Attor-
of the Company It may commence and
proceed with the said work without
awaiting the confirmation decree herein
provided for: but such election TO so pro-
coed with said work shall not relieve the
District from its agreement to proceed
with such confirmation proceedings, as
hereinbefore provided
1t Is further understood and agreed
that II said irrigation works shall not
he fully completed and ready TO be turned
over to the District on or before said Soth
day of June, 1912. the Company shall
forfeit to the District the sum Of Twenty
Five Dollars t$25.O0) per day for each and
every day thereafter until said work Is
fully completed, as liquidated damages
for such delay. the same to be retained
and paid out of the balance due the Com
pnny from the District the 5000 per day
and the 5000 per day herein agreed upon
as liquldated damages for delay In the
completion of the work, shall be In full for
any damages suffered by such delay, and
the Company shall not be liable for any
other or further damage by reason of such
delay. provided, hosFcver, that In the event
the Company should be delayed in the
commencement. prosecution or completion
OF the said work. or amy part thereof. by
the act, neglect or default of the District
or the District Engineer, or any other per-
sons employed by the District upon the
pany Is not responsible, OF by General
strike of employees engaged upon the
work or by adverse litigation that r1ay
involve the validity of thls cont "A t or
the bonds of the District which are to Ire
paid hereunder or by the delay of more
than ninety days In obtaining final decree
of Court in the said confirmation pro-
ceedings, then the time herein fixed for
the completion Of said work. or any part
thereof, shall be extended to period
equivalent TO the time lost by reason of
aforesaid
II is expressly understood AMI agreed
mat TINS Is n contract for the sale and
delivery of property by the Company to
the District and is not to be construed
or considered as IA contract for work and
labor or for construction work
IN WITNESS WHEREOF. The Com
Dany mas caused these presents to be
signed by Its corporate name by It's
PRESIDENT and Its corporate seal to be
hereto AFFIXED and attested by it's Sec
rotary, and The District has caused these
presents to be signed by its corporate
name by Its President and its corporate
seal SCI. 6, to be hereto affixed and attested by
its Secretary in duplicate, the day and
year frat hereinabove written.
THE FLORIDA MESA IRRIGATION
By JOHN ]. PATTERSON. President.
W. P. REEDER Secretary. tsEAI0
PANY
BY J. LAHRoY sLusHER, President.
CARL o. ANDERSON, Secretary. (sEAIo
AND WHEREAS. said contract Involves
consideration In excess of the sum of
twenty-five thousand dollars (s25. 600 OO)
anu Is subject TO the ratification or re-
lection by the qualified electors of said
District, as provided by law and by said
contract:
NOW THEREFORE, BE IT RESOLVED
AND ORDERED. that a special election
Tor the Florida Mesa Irrigation District
be and the same Is herony called to he
heid IN said District on the Goth day of
July a, ID. 1910 at which election the
following questions shall be and the same
are hereby submitted to the electors OF
such District possessing the qualifications
prescribed by the aforesaid Act of the
General Assembly OF the State OF Colo
In,do, entitled An Act in Relation to Ir-
rlgation Districts" approved MAY 3. 1901
and all Acts amendatory thereof:
FIRST QUESTION
snail the bonds of the Florida Mesa Ir-
rlgntion District be issued in the amount
OF SlW0,OOo.OO under and pursuant to the
PROVISIONS OF an Act of the General AS
sscmbly of the State OF Colorado, entitled
tricts approved May 3, 1905, and all Acts
ancndatory thereof, payable in lawful
money of the United States to be issued
and payable in series. as enumerated In
silid Act beginning at the expiration OF
eleven cd years after the date of said
ment thereof at the expiration of TWEEN
" wv years after the date thereof, to
pcar interest Mt the rate of six DER cent
per annum, payable semi-annually on the
tirst days OF June and December In each
year, as provided In said Act, except as to
the date of their respective maturities
which shall then become due and ma vnbIa