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

La Plata County. Colorado. or at the of
flee Of Rudolph Kleyboite Company. In
ccorporated, tBankers), in New York city,
New York.
The District shall within thirty days af-
ter the canvas OF said votes institut,
in the District Court OF the Sixth Judicial
District sitting within and for the Coun-
fy of La Plata. In the State of Colorado
as 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 and
organization of said Irrigation District,
and shall prosecute the said suit or pro-
eeedings TO final decree in said Court. de.
ciaring 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 Mt 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 Conrt 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 $lO6vU.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 be
approved by said Board Of Directors OF
the District, and the failure to file said
pond Xlthln SHiu Tune SIdil ne u loiltlt-
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 II 1t elects so to do.
The entir.. bond issue Of the District
upon the filing of the bond of the Com
pany, as hereInbefore provided, shall be
duly executed. signed and sealed. and
shall be deposited with the Colonial Trust
& 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
pnny ns follows: $3.50. 10000 of said bonds
at par shall be paid to said Company upon
the delivery to the Trustee BY said Com,
stock In The Florida Canal Company. ana
one Thousand Three Hundred and Forty
shares of stock in The Florida Canal En-
iargement 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
veynnce 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 go second feet,
and the right to enlarge the laterals of
said canal to n sufficient capacity to car
ry said water and distribute the same in
said District.
The remainder of the irrigation system
and works herelnbefore described shall
he paid for upon the estimates of the
Engineer OF the Company as provided In
the specifications herenbefore referred
TO and made II 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
pary's Engineer shall provide the Dis
tricrs Engineer with a copy of said es-
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 II
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 II
approved, the Company may forthwith
file copy OF said order of approval and
of said estimate with the Trustee; and
II rejected. the aai1 Board Of Directors
shall forthwith coliver copy of such
rejection to the Engineer of the Com
pan, and 20 said Tiustee. and in such
case the matter of such rejection shall
be forthwith referred for decision to the
Board of Arbitration hereinafter provided
for; II 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
some, shall deliver over and pay to the
Company in bonds at 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-
tion of the laterals and sub-laterals, in
GLIDING the diversion dam and 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
pletion of that portion of the said irriga-
tion system. and within 1--WE days after
such notification the District Engineer
shall approve the same. or notify the En-
glneer 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
trict, but in the event the grounds OF
such objection be not removed, then all
such objections and differences shall be
be selected and appointed as hereinaf-
Ter provided and In the event of n find
ing by said Board of Arbitration 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 por-
tion 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 clea,
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 shall be given the District I'm
gineer and the same character and kind
of proceedings had and done as last here
inbefore provided. and the remainder of
SAID bonds at par. or cash In lieu thereof
including the ten per cent balance of All
said estimates shall be paid by the
trustee to the Company In bonds at mar
or IN case such bonds shall be sold ms
hereinafter provided, I'm cash, upon the ex-
piation OF thirty days from the accent
hnce 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 AT
us cost and carriage price; the value of
the construction work done ON the en-.
largement Of the main canal from the
head gate to the division gate, located
In the $. w, IL OF Sec. 81, It. Sc N. II, w
OF Tue N. M. L. NJ. shall be and is hereby
liked at eighty seven cents per cubic yard
for all material excavated under one clas-
and placed In cmbanl<ment or
wasted III not required in embankment