Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-21

District as herein provided.
The bonds sold or delivered under this
contract shall be sold and delivered IN
such order of their maturity as may be
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
intent, meaning and construction OF SAID
plans and specifications or any part
thereof, upon the character Of the
work performed or to be performed here
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 woih
or materials. and such rejection is I'M
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
sons. one to be appointed by the Engineer
OF the Company, one to be appointed by
the Board of Directors Of the District
and the third to be appointed by the two
30 chosen. and the findings OF the major.
lily OF said Board shall be binding anu
conclusive upon the parties hereto. The
expenses incurred by tho said Arbitration
Board and proceedings before II, shali
abide the result OF the Arbitration. and
be borne by the party against whom the
finding Is rendered or In the event OF
finding by the Board of Arbitration which
shall be n compromise between the claims
of the parties hereto, such expenses shall
be borne az 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 ], lsil. ana
the coupons numbered one and two on all
bonds sold or delivered by the Trustee
under the terms of this contract from
and after August ]. 1911. shall be detached
and cancelled by the Trustee before sale
or delivery, and said cancelled coupons
returned to the District. All of such
bonds sold from and after August l. III.
by the Trustee shall be sold for not less
than nlnety-fivc per cent Of the par value
thereof and accrued interest from June LIST
to August list on the unclipped cou-
pom
The Company shall commence the con-
struction work provided for in this con.
tract within sixty days after the finai
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 cubic
feet OF water per second of time to ne
division gates. and shall complete the
Fast lateral and the West Cor Rldgel lat
eral according to the plans and specltica-
tons on or before May l. 1911, or IN de-
to the District the sum OF Twenty FIVE
Dollars $500 per day for each and every
day after the said first day OF May, 1911;
until the fifteenth day of May, 1911. and
the sum of Fifty Dollars $4,000 per day
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, 1872; provided that after said pro,
ceedings for the organization of said
District and the authorization and ratifi-
cation of said contract End the proceed
Ings Of said bond election have all been
examined and approved by the Attor-
neys of the Company. at the election
of the Company II may commence and
proceed with the said work without
t.FW IN flt4t.a lion.
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
herelnbefore provided.
II is further understood and agreed
that If said irrigation works shall rot
over to the District on or before said 3oth
day of June. 1912, the Company shall
forfeit to the District the sum OF Twenty
Five Dollars Gs25.00) per day for each and
every day thereafter until said work Is
fully completed. lidudated damages
for such delay, the same TO be retained
and paid out of the balance due the Com
pany from the District, the $500 per day
and the 5000 per day herein agreed upon
as liquidated damages for delay In the
completion of the work, shall he In fnll 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, however, that in the event
the Company should be delayed in the
OF the said work. or any part thereof. by
the act, neglect or default of the District
or the District Engineer, OF any other per-
sons employed by the District upon the
work or by casualty for which the Com
pany is not responsible Of by ceneIn;
strike Of employees engaged upon the
work or by adverse litigation that may
involve the validity OF this cont 4 t Cr
the bonds of the District which are 20 i'e
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
equivalent to the time lost by reason OF
any of the causes aforesaid
IL Is expressly understood and agreed
that this Is a contract for the sale nnd
delivery of property by the Company to
the District and is not to be cons5rued
or considered as a contract for work and
IN WITNESS WHEREOF, The Com
pnny has caused these presents to be
signed by Its corporate name by its
President: and its, corporate seal to be
hereto AFFIXED and attestcd by its Sec
rotary, and the District has caused these
presents to be signed by its corporate
name by Its Presiden. and its corporate
its Secretary. in duplicate. the day and
year first hereinabove written
THE FLORIDA MESA IRRIGATION
DISTRICT.
BY JOHN ]. PATTERSON. President
Attest.
w, =. REEDER, Secretary. (SEAIo
THE PIONEER CONSTRUCTION COM
BY ]. LAHRoY sLUsHER, President.
CARL o. ANDERSON. Secretary. tsEAI5
AND WHEREAS, said contract Involves
consideration In excess of the sum of
twenty-five thousand dollars (s25 900 OO)
and Is subject to the ratification or re-
lection by the qualified electors of said
II, Ia W nd h,r IA
contract
Now THEREFORE BE IT RESOLVED
AND ORDERED. that "A special election
Tor the Florida Mesa Irrigation District
pc ana the same IL hereby called to be
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 Cole
RADIO. entitled AN Act in Relation to Ir-
Iigatlon Districts, approved May 3, 1906
ana all Acts amendatory thereof.
FIRST QUESTION
snail the bonds of the Florida Mesa Ir-
tisation District be issued In the amount
OF N,WOOoo,Oo under and pursuant to the
PROVISIONS PROVISIONS or an Act of the General AS
sembiy OF the state of Colorado entitled
An Act In Relation to Irrigation Dis
tricts, approved May g. 1906 and all Acts
thereof. payable in lawful
money OF the United States to be issued
anu phyabie In series, as enumerated in
eleven IN years after the date OF said
bonds, and finally completing the paw
ment thereof at the expiration of TWEEN
" CID years after the date thereof, to
Dear interest at the rate OF six per cent
per annum. payable semI-anuuallv on tho
am .l.,, IL,