Elbert County tribune and Elbert County banner., 1920-10-01

in provided. which shall be handled as
herein provided and otherwise In ac-
cordance with the provisions OF the
Constitution and the laws Of Colorado
Said bonds shall be issued in denomi
nations OF one thousand dollars. five
and fifty. dollars. In such proportion
quire-
These bonds shall be exempt from all
state. county. and municipal taxes: and
In conducting the sale OF said bonds.
said Commission shall make public ad.
vertisement thereof in newspapers of
the State Of Colorado. and full oppor-
tunity shall be given to the People of
Colorado to purchase said bonds.
Section s-s; Following the adoption
OF this amendment, the State Railroad
Commission is hereby authorized to en-
ter into contracts with any railroad
company or companies for the use OF
each of said tunnels. Its approaches.
connections and equipment, for the
transportation OF persons and property
such contract or contracts shall pro-
vide for. the payment to the State by
using any of said tunnels of an amount
estimated by said Commission to be
bonds issued TO build such tunnel. for
the proper maintenance OF said tunnel.
and to create a sinking fund sufficient
at their maturity.
Section IA: II any railroad com
pany. whose lines are so situated as to
use by said company in the transporta-
ton of persons and property, shall re-
the use of said tunnel. then said Com
mission is hereby authorized. after due
notice. to hold public judicial hear
ing for investigating as to whether the
use of said tunnel would decrease the
dangers. delays and expense of the
transportation of persons and property
value OF the use OF said tunnel by said
railroad company. and TO make an or
lrt IN IN ana, -.
use said tunnel on terms and conditions
to be prescribed in the order of said
in suit in mandamus in the Supreme
Court OF the State. The orders OF the
Commission shall establish the legal
duty of any railroad company to COM
ply Herewith.
The said Commission shall also at
least once in each year. after public
said tunnel for purposes other than
railroad traffic as herein authorized
All orders of said Commission shall be-
come final and binding at the end of
thirty (3O) days after their rendition
unless an appeal. which Is hereby au-
any party in interest to the Supreme
Court of the State of Colorado, which
and heard by said Court
No monopoly shall be granted either
by contruct or by the orders of said
Commission for the use OF any of said
tunnels.
after the sale of said bonds, the State
Railroad Commission shall publicly and
and best bidder in the opinion of said
Commission, contracts for the con-
struction and equipment Of said tun-
nels, which contracts. under proper
safeguards guaranteed by bonds to be
approved by the said State Railroad
Commission. shall provide for the
prompt construction of said tunnels. III
case contracts satisfactory to said
Commission for the construction of all
n nf an TN 10 Tn hs. da
then said Commission is authorized to
make contracts for the construction of
one or more of said tunnels. or for
parts of said tunnels. and to carry on
under its own direction such construc-
tion OF all or any part of said work
may be necessary and advisable; pro-
vided. however, that the construction
of the three tunnels shall be contemp-
oraneously conducted. Amy contract or
liability attempted to be entered into
or created. in excess of the amount
realized from the sale OF said bonds.
shall be void. In the letting of said
contracts. and in the purchase of ma
terials. and in the employment of labor
for the construction of said tunnels,
preference shall be given to citizens of
the United States and. so far as practi-
cable. to materials produced in the
by said Commission for the construc-
ton of all or any part of said tunnels
the employment of labor and purchase
of material.
Section Ga: The State Railroad
pervision over the issuance of said
bonds. the work of constructing said
tunnels their connections and equip
ment. and of their operation II neces-
sary. and shall appoint and commits
sion. subject to the approval of the
Governor. the appointees necessary to
the conduct of said work. and In ali re-
CARDS see to the protection of the
pie of Colorado.
The funds arising from the sale of
said bonds shall be divided and placed
fa Tire In, fhra
arate funds to be known as The Mof-
fat Tunnel Fund. The Monarch Tunnel
in the proportion of the estimated cost
of the construction of each of said tun-
nels as determined by said Commission
after full investigation. The result
of said investigation and the estimated
size and cost OF each OF said tunnels.
with its approaches. equipment and
Commission to the State Treasurer. and
no part of any of said funds shall be
payment OF the cost of such tunnel its
approaches equipment and connections
until the cost of such tunnel Is fully
paid.
After the bonds issued for the con-
struction OF said tunnels shall be paid
the use of said tunnels shall ba apprc-
priated by the State Legislature for
the Improvement OF conditions OF trans
Section la: The cost OF the work
and materials for the construction and
equipment OF each OF said tunnels shall
be paid out of the fund apportioned
therefor. upon warrants drawn thereon
by the Chairman and Secretary of said
Commission and approved by the En-
gineer of said Commission and the
State Auditing Board: and warrants
for tho payment of ali other expenses
incident to the work OF said Commis-
sion. including the salaries of the mem
bers OF said Commission as the same
may be fixed by an act of the General
Assembly. and the salaries of all ap-
pointees and employees of said Com
mission as the same may be fixed by
said Commission with the approval OF
the Governor. shall be paid proportion
ateiy out of said three funds, on war
rants signed by the Chairman and Sec
retary of said Commission and ap-
| proved by the State Auditing Board.
Interest upon bonds issued to build
said tunnels accruing during the Pc