Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-07
acc Of Ruaolph Kleyeelte company. In.

corporated. (Bankersj. in New York City,
| New York
4 ter the canvas of said votes, institute
i in the District Court of the Sixth judicial
District sitting Within and Tor me Eoun-
as provided by law. a proceeding Tor the
examination. approval and confirmation
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 or pro-
ceedings to final decree in said Court, de-
claring said bonds legal and valid, and
i that the said District has been legally
formed, all within ninety days after the
canvass OF the votes cast at said election.
or II there shall be any contest In such
confirmation proceedings the same shall
be prosecuted to final decree as soon
as 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 snd District file with
the Board OF Directors of said District
a bond in the amount OF sl0G.u1.O0 with
good and sufficient surities satisfactory
to the Board of Directors of the District,
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 shall be II forfeit
ure OF all rights herein acquired by said
Company provided. however. that said
bend may be filed by the Company prior
and bond issue If 1t elects 10 do SO
| The entire bond issue of the District
upon the nling OF the bond OF the Com
pany. as hereinbefore provided. shall be
duly executed signed and sealed. and
shall he deposited with the Colonial Trust
a. Savings Bank. of Chicago, Illinois, or
with such other person or corporation
|, as 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; 350.oo0o0 of said bonds
at par shall be paid to said Company upon
the delivery to the Trustee by said Com.
pany for the District of 2l5 shares of
stock in The Florida Canal Company. and
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
, | fnent to said District of the right to fur
Their enlarge the said Florida Canal to a
total carrying capacity of 800 second feet.
and the right to enlarge the laterals of
ry said water and distribute the same In
, said District.
The remainder of the Irrigation system
and works hereinbeforo described shall
! be paid for upon the estimates of the
Engineer of the Company as provided In
the specifications hereinbefore referred
to and made part of this contract.
which said estimates for each month shall
i 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
! proceeding said estimate, and the Com
panys Engineer shall provide the Dis
trici's Engineer with "A copy of said es-
, innate of work done and material furnish
ed. The District Engineer shall within
, five days from the receipt o: said cs-
innate. check me and refer il
, forthwith TO the Board Of Directors OF
| said District together with his report
thereon. and said Board of Directors
mate is delivered to the District Enginee,
either approve or reject the same: and II
approved, the Company may forthwith
file copy of said order of approval and
OF said estimate with the Trustee: and
| II rejected. the saii Board of Directors
shall forthwith c.liver a copy of such
rejection to the Engineer of the Com
pan, and 10 eAid Trustee. and in such
case the matter of such rejection shall
be forthwith referred for decision to the
Board of Arbitration hereinafter provided
for: IL the Board of Directors shall fai
to pass upon said estimates and to APP
prove reject the same within said sever
days above provided or fail to file copy
c of such approval or rejection with this
Trustee within said seven days thereof
. the Company may file a copy of such es
= innate with the Trustee, and thereupor
!, the Trustee. IL satisfied that the Boart
of Directors of said District has not re-
jected said estimate or has approved tht
same. shall deliver over and pay to the
Company in bonds al 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 rs
the enlargement of the Florida Canal and
the enlargement, extension and construc-
ton of the laterals and sub-laterals, in
, GLIDING the diversion dam ana head gate
,, for 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
petion OF that portion of the said irrlsa-
. ton system, and within five days after
such notification the District Engineer
shall approve the same, or 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
: pany, such portion of said irrigation sys-
TEN shall be forthwith approved and ac-
cepted by said District Engineer and Dis
J trict. but in the event the grounds OF
such objection be not removed. then all
such objections and differences shall he
! determined by Board of Arbitration to
! he selected and appointed as herelnaf-
ter provided and in the event OF a find
: ing by said Board of Arbitration in fay
or OF the Company or In the event OF {
finding against the Company and The
removal of the grounds Of such objection
after pay to the Company the entire
y balance due the Company for that por
e tion of said work. including the ten PEI
I cent, heretofore retained said esti
mates. and said portion of said irrigation
system shall. upon said payment benf
5 made. be forthwith turned over to ant
d accepted by the District, free and cleal
from all liens arising out OF labor o
I material furnished.
After the final completion of the re
( mainder of said irrigation works. thu
i same notice shall he given the District Fan
: eineer and the same character and kim
q of proceedings had md done as last here
$ inbefore provided. aud the remainder o
4 said bonds at par, cash In lieu thereof
q Including the ten per cent balance of al
o said estimates shall be paid by tn
5 | Trustee to the Company In bonds ut par
I or In ease such bonds shall be sold n
= hereinafter provided. in cash. upon the cN
e piration OF thirty days from the accept
= ance of the completed system by the En-
I gineer of the District.
q For the purpose of making monthly es
u Inmates. ms hereinbefore provided. tn
e material furnished shall be estimated "A
q its cost and carriage price; the value u
e the construction work done on the en-
e head gate to the division gate. locate
u In the S. W IL of Sec. 81, T. 81 n. X. w
d of the N. NJ p. NJ, shall he and is hereb
q fixed at eighty -seven cents per cubic var
" for all material excavatcd under one elias
l, siflcaton and placed in embanSment O
e wasted ii not required in embankmen
d within free haul limit of Two Hundre
e t2O0l linear feet; sl7,75 per linear foot 10
N all steel flume erected In place, and 500,
per cubic yard for all concrete construct
ed In place.