Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-14

flee Of Rudolph Kieybolte Company. In
corporated, tBnnkers). In New YORK city.
New York.
The District shall within thirty days NJ.
ter the cnnvas OF said yolcA- institlt'
In the District Court Of the sixth Judicial
District sitting within and for the Coun-
~ OF In Plata, In the State Of Colorado
AZ provided by law. a 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 ana
organization of said Irrigation District
and shall prosecute the said suit or pro-
ceedings to final decree in said Court de.
clarins said bonds legal and valid. and
that the said District has been legally
formed, all within ninety days after the
canvass Of the votes cast at said election
or IL there shall be any contest in such
confirmation proceedings the same shall
be prosecuted to final decree as soon
as can he with reasonable diligence.
The Company shnll 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.
a bond in the amount of sl1.UODW 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 pnrt of the Company. and shall he
approved by said Board of Directors al
the District, and the failure to file said
bond within said time shall he u forfeit. .
,ire OF all rights herein acquired by said
Company provided. however. that said
bond may be filed by the Company prior
to the confirmation of said proceedings
and bond issue If 1t elects so to do
The entire bond issue of the District
upon the filing of the bond of the Com
pany, as herenbeforc provided, shall be
duly executed. signed and sealed, and
shall be deposited with the Coionihl trust
a. Savings Bank of Chicago Illinois, 81
with such other person or corporation
as shall be mutually agreed upon between
the parties hereto. as Trustee. aud shall
pany as follows. $3.50. 10000 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 Floridn Canal Company. ana
One Thousand Three Hundred and Forty
shares of stock in The Florida cana I'm
largement Company, all duly assigned to
said District. and also the delivery 10
said Trustee by said Company for the
District of proper Instruments of CON
vcyance 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 a
total carrying capacity OF $50 second feet.
and the right to enlarge the laterals of
said canal to a sufficient capacity to car
ry said water and distribute the same in
said District.
The remainder OF the irrigation system
and works heteinbeforc described shall
be paid for upon the estimates of the
the specifications hereinbefore referred
to and made a 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
proceeding said estimate, and the Com
pany'f Engineer shall provide the Dis
tflcl-G Engineer with COPY OF said
innate of work done and materials fur
nished. The District Engineer shall,
within five days from the receipt OF said
estimate, check the same and refer 1t
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 esti-
mate is delivered TO the District Engineer
either approve or reject the same; and y
approved, the Company may forthwith
file copy of said order of approval and
of said estimate with the Trustees. and
II rejected. the said Board of Directors
shall forthwith Culver Il copy of such
rejection TO the Engineer of the Com
panS and to said Trustee. and IN such
case the matter of such rejection shall
be forthwith referred for decision to. the
Board of Arbitration hereinafter provided
for, If the Board of Directors shall fail
to pass upon said estimates and to APP
prove or reject the same within said seven
days above provided, or fail to file 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
the Trustee, ii satisfied that the Board
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 at par, or pro rata III
cash received by the Trustee In lieu there
or. 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 snb-latcrils In
GLIDING the diversion dam and head gate
for said Canal. have been fully construct
ed and completed by the Company in ac-
cordnnoc with the plans and specifications
the Company Engineer may notify the
District Engineer in writing OF such com
pletlon of that portion Of the said rriga-
ton system. and within five days after
such notification the District Engineer
shall approve the same. or notify the En-
sincer for the Company in writing of ann
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-
eepted by said District Engineer and Dis
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
be selected and appointed as herenaf-
ter provided. and in the event of n find
iHS Dy salu Board OF Atbitrai ion In faV-
or of the Company or in the event of n
finding against the Company and the
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 nor.
tion OF said work. including the ten per
cent. heretofore retained on said csti-
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
from all liens arising out of labor or
! material furnished.
After the final completion of the re-
mninder Of said irrigation works. the
same notice shan be given the District an
Rlneer and the same character and kind
OF proceedings had and done as last here
inDefore provided. and the remainder of
suid bonds al par, or cash in lieu thereof.
including the ten per cent balance OF all
said estimates shall be paid by the
or In case such bonds shall be sold as
hereinafter provided. in cash, upon the ex.
pifation OF thirty days from The accept
ance oil the completed system by the I'm q
gneer of the District
For the purpose of making monthly es-
Inmates, as hcrelnbefore provided the
material furnished shall lie estimated at
It's cost and carriage price; the value Of
the construction work done on the en-
iarEenent of the main canal from the
head gate to the division gate. located
OF the N. NJ. r. NJ shall he and is hereby
Iixed at eighty seven cents per cubic yard
Tor all material eXcnvated under one elias
sification and placed In cmbankment or
wasted IL not required in embankment
within free haul limit Of Two Hundred