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

NeW 1OrR.
The District shall within thirty days af-
ter the canvas Of said votes institute
In the District Court of the Sixth judicial
District sitting within and for the Coun
ty OF La Plata, in the State Of Colorado,
as provided by law. n proceeding for the
examination, approval and confirmation
of the said bond issue by said District
and all the proceedings taken, had and
done in the matter of the formation and
Organization of said Irrigation District.
and shall prosecute the said suit pro-
clnring said bonds legal and valid, and
that the said District has been legally
formed. all within ninety days after the
cansass of the votes cast Mt said election.
or II there shall be any contest In such
confirmation proceedings the same shall
be prosecuted to final decree as soon
can be with reasonable diligence.
The Company shall within thirty days
after the confirmation by the Court of
said bond Issue and the proceedings for
the organization of said District. file with
the Board OF Directors of said District.
bond in the amount Of sl0G.00000 With
good and sufficient surities satisfactory
which bond shall be conditioned for the
faithful performance of this contract up
on the part of the Company. and shall he
approved by said Board OF Directors OF
the District. and the failure to file said
bond within said time shah be forfeit
ure OF nil rights herein acquired by said
Company provided; however ;'. that SAT-, SAID
to the confirmation OF said proceedings
and bond issue If II elects so to do.
The entire bond Issue of the District
upon the filing OF the bond of the COM
pany, as hereinbeforc provided, shall be
duly executed, signed and sealed and
shall be deposited with the Colonial Trust
& Savings Bank. of Chicago. Illinois. OF
with such other person or corporation
shall be mutually agreed upon between
the parties hereto, as Trustee. and shall
be paid over by such Trustee to the Com
pany as follows: $S50'0oo,D of said bonds
at mn oh ha.n M IN. nfnt N
the delivery to the Trustee by said Com
pany for the District OF 2l5 shares of
stock IN The Florida Canal Company. ana
One Thousand Three Hundred and Forty
shares of stock In The Florida Canal En-
largement Company, all duly assigned to
said District. and also the delivery to
said Trustee by said Company for the
District of proper instruments of con-
veyance and assignment to said District
of the Pennington Lake Reservoir and of
the reservoir filings, and all the water
rights apurtenant therto, and the assign
ment to said District OF the right to fur
Their enlarge the said Florida Canal to n
total carrying capacity OF 80 second feet,
and the right to enlarge the lateraIs OF
said cnnai to "A sufficient capacity to car
~ said water and distribute the same in
said District.
and works hereinbefore described shall
be paid for upon the estimates of the
Engineer of the Company as provided In
the specifications hcreinbefore referred
to and made n part OF this contract.
which said estimates for each month shall
be made on or before the 10th day of each
succeeding month after the commence
ment of work under this contract, except
where the specifications provide other
wise. Said estimates shall state the
amount OF work performed and materials
furnished during the month Immediately
preceding said estimate, and the Com
pany's Engineer shall provide the Dis
innate OF work done and materials FUR
nlshed. The District Engineer shall,
within five days from the receipt OF said
forthwith to the Board of Directors of
said District. together with his report
thereon, and said Board of Directors
shall within seven days after said estl
mate is delivered to the District Engineer
either approve or reject the same; and If
approved, the Company may forthwith
file copy of said order of approval and
II rejected. the :ai1 Board of Directors
shufl forthwith c6liver copy of such
rejection to the Engineer of the Com
pany and to raid Trustee. and in such
case the matter of such rejection shall
be forthwith referred for decision to the
for; II the board of Directors shall fan
to pass upon said estimates and to APP
prove or reject the same within said seven
days above provided. or fail to file a copy
OF such approval or rejection with the
Trustee within said seven days thereof.
the Company may file n copy of such es-
innate with the Trustee. and thereupon
of Directors of said District has not re-
Jected said estimate or has approved the
same. shall deliver over and pay to the
Company In bonds mt par, or pro rata in
cash received by the Trustee In lieu there
of. ninety per cent of the amount of such
estimate.
1t Is mutually agreed that as soon as
the enlargement of the Florida Canal and
the enlargement extension and construc-
ton of the laterals and sub-laterals, i'm
Guiding the diversion dam and head gate
Tor said Canal, have been fully construct
ed and completed by the Company in ac-
cordance with the plans and specifications
the Company Engineer may notify the
District Engineer In writing of such com
pletion of that portion of the said irrlga-
ton system. and within five days after
such notification the District Engineer
snail approve the same, notify the En-
gineer for the Company in writing of any
objections which he or the District may
have to the approval of the work so COM
pleted; and in the event the grounds of
such objection are removed by the Com
pahy, such portion of said irrigation sys-
TEN shall be forthwith approved and ac-
cepted by said District Engineer and Dis
tricti put in the event the grounds of
such objection be not removed, then all
such objections and differences shall be
determined by a Board of Arbitration to
De selected and appointed as hereinaf-
Yer provided. and In the event of IA find
ing by said Board of Arbitration in fay-
or 9i q, the COMPANY or In the event of n
removal of the grounds of such objection
the Trustee shall within thirty days there
after pay to the Company the entire
balance due the Company for that por-
ton of said work. Including the ten per
cent, heretofore retained on said esti-
mates. and said portion of said Irrigation
system shall. upon said payment being
made, be forthwith turned over to and
accepted by the District, free and clear
IRON all liens arising out of labor or
material furnished.
After the final completion OF the re-
mainder of said irrigation works the
same notice shall be given the District En-
glneer and the same character and kind
of proceedings had and done as last here
lnpefore provided, and the remainder of
sald bonds at par. or cash In lieu thereof
including the ten per cent balance of ali
said estimates shall be paid by the
trustee to the Company IN bonds at par.
or IN case such bonds shall be sold as
n nj, provided, in cash, upon the ex-
pHauon OF thirty days from the accept
ance of the completed system by the En-
gineer of the District
For the purpose of making monthly es-
Inmates. as hereinbefore provided the
material furnished shall be estimated M
us cost and carriage price; the value of
the construction work done on the en-
iargement OF the main canal from The
head gate to the division gate. located
OF the N. M. p. NJ. shall be and is hereby
liked at eighty-seven cents per cubic yard
Tor all material excavated under one class
sficatlon and placed In embanbment or
wasted II not required in embankment
within free haul limit of Two Hundred
tVol linear feet; sl7.75 per linear foot for
all steel flume erected In place and 500 ~
per cubic yard for all concrete construct
ed In place
the value OF the work done on the lat