The daily sentinel. [volume], October 13, 1908, Page PAGE FOUR, Image 4

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PAGE FOUR
NOTICE OF IRRIGATION DISTRICT
ELECTION.
Notice Is hereby given that the fol
lowing resolutions were duly adopted
by the Board of Directors of the Or
chard Mesa Irrigation District of Me
sa county. Colorado, at a meeting of
said Board, regularly held at Its office
In Grand Junction. Colorado, on the
29th day of September. A. D. 1908:
■•Resolved. That the Board of Direct
ors does hereby certify as follows:
1. That on August 17th. A. D. 1908,
the Board of Directors duly adopted
plans und specifications for an Irriga
tion system for Orchard Mesa Irriga
tion District, and thereupon culled for
bids for the construction thereof to be
opened on September 28th. A. D. 1908.
2. That on said last mentioned day.
The Orchard Construction Company
submitted a bid and proposal for con
struction of said system pursuant of
said adopted plans and specifications
in consideration of the sum of Six
Hundred and Seventy Thousand ($670.-
000) Dollars. . ,
;; That on to-wlt. September 28th.
A D. 1908. said bid and proposal was
accepted and a contract made thereon
between said District and said Con
struction Company. _
4 That on the same date, the Board
made a contract with The Orchard Con
struction Company for the purchase of
a water right and a right of way over
the public lands of the United States
for the sum of One Hundred and Thir- •
ty Thousand ($130,000) Dollars.
6 That said several contracts are |
by the terms thereof expressly made |
subject to the approval and rati flea
tlon thereof by the electors of said
District having the qualifications pre- i
scribed by law.
Resolved Further, as follows:
That the amount of money necessary
to be raised for the purpose of making
the payments required by said several
contracts, and for tin- purpose of ac
quiring other rights and property nec
essary for said irrigation system, and .
for the purpose of paying the first,
year’s Interest on the bonds hereinaf
ter mentioned and otherwise carrying
out the provisions of an act of the
General AHs.-mbly of the- State of Col
orado. entitled "An Act In Relation to
Irrigation Districts" approved May 3.
A D 1909. and all acts amendatory
thereof, upon due Inquiry, examination
and consideration has been and hereby
Is determined to be the sum of Nine
Hundred Thousand ($900,000.00) Dol-,
lU That a special election be and here
by Is called to be held In Orchard Me
na Irrigation District on October 20 th.
A D 1908. at which election there shall
b." niihinitt. il to tin- nluctorn than Mil'll-
Ifled to vote thereat under the laws or
Colorado, the following questions:
FIRST QUESTION:
Shall the contract dated September
28th. A I) 1908. bet The Orchard
Construction Company, and Ihe or
chard Mesa Irrigation District, cover
ing sale transfer and conveyance to
Haiti District of 150 second feet water
right from the Grand river, and right
of way over lands of the United States
for main ami distributing canals ol
proposed Irrigation system. for the
sum of one Hundred anti Thirty I hou
santl ($ 130.000.001 Dollars ho author
ized and rati lied?
Said contract Is as follows:
Memorandum of Agreement made
Sentember 2s 1908. l*y and between
the ORCHARD CONSTRUCTION
COMPANY, a corporation under the
laws of Colorado, hereinafter called
the CONSTRICTION COMPANY, party
of the lirst part and ORCHARD MESA
IRRIGATION DISTRICT, also a corpor
ation under the laws of Colorado, here
inafter called the DISTRICT, party of
the second part.
WITNESSETH: , , . .
1 The District has duly adopted n
plan for the construction of a canal
and works for the purpose of irrigat
ing the lands lying within Its limits,
which plan Involves tin* diversion of
the necessary water from Grand river
at a point in section 12. township 10.
south, range 98. west. In Mesa county.
Colorado, and the construction of canal,
flumes and syphons In the canon of the
Grand river for a distance of about
nine and 9-100 miles to a pumping or
power plant at the eastern boundary
of the lands comprising said DISI KH I
and the construction of two certain
otlnr canals lying within said DIS
TRICT. Said proposed canals traverse
certain lands forming part of the pub
lic domain and other lands held in prl
ft2° 'The* CONSTRUCTION COMPANY
owns n water right from Grand river,
having its point of diversion at said
point in the canon of the Grand river
above mentioned, ami also a license
authorizing and permitting the con
struction by it of said canals upon ov
er and across tile Government lands
between said point of diversion and the
westerly termini of the distributing
canals respectively situated at or near
tin* Gunnison river, which forms the
westerly boundary <>f tin* lands includ
ed within said DISTRICT.
The DISTRICT Is about to enter
upon the construction of Its said Irri
gation system and has advertised, ns
required'bv law. its call for bids for
Hitch construction. and as condition
precedent to entering into any contract
for such construction, the board of di-
of the DISTRICT has determ
ined it to he necessary to acquire a
water right and other property rights
which said DISTRICT Is without pow
er to acquire by tile exercise .*Ots
right of eminent domain, under The
const it ut ion and laws of Colorado, and
now makes this contract with said
CON ST RUCTION COMPANY.
Now. therefore, for and ill consider
ation of the premises and for the sum
of one dollar to each l*y the oilier paid,
it is mutually agreed between the par
ties as follows:
FIRST: The CONSTRUCTION IOM
I’ANY shall upon receipt of the pur
chase price hereinafter stipulated, de
liver tc* the DISTRICT an Instrument
In writing duly signed, sealed, wit I
nvssed and acknowledged in such man
ner as to he entitled to leeord. where
by the CONSTRUCTION COMPANY
shall grant sell and convey unto the
DISTRICT the water right heretofore
acquired bv said CONSTRUCTION
COMPANY bv deed mad.*, executed and
delivered to it by U G Ebeiliart; and
also shall assign to said DISTRICT the
certain license ami agreement dated
Mav Hi. A P 1908, by and between the
United States of America, acting in
that behalf bv James Rudolph Garlleld
Secretary of the Interior, and said
CONSTRUCTION COMPANY. S;«.i*l in
strument shall he of the following
form tenor and eitVct to-wlt.
Know nil Men by These Presents
that for and In consideration of the
sum of One Hundred and Thirty Thou
sand (130.0001 Dollars, receipt where
of is heiel>\ acknowledged. The Or
chard Construction Company, a corpor
ation until r the laws of the state of
Colorado, hereinafter called the C()N
STIU'CTION COMPANY, party of the
first part, has sold and does hereby
sell, assign, transfer, grant, bargain
sell set over and convey unto Orchard
Me*ia Irrigation District also a corpor
ation under the laws of the state of
Colorado, hereinafter called the DIS
TRICT. partv of the second part, all
and singular the following property,
to-wlt:
FIRST: All rights of every name
and nature conferred upon the Con
struction Company by a certain agree
ment made and entered Into on May
HI. a. D 1908. by and between the
United States of America. and the
Ct INSTRUCTION COMPANY In words
and figures following.
\gr> einent made May 16. A D 1908
by and between the United States of
America acting In this behalf by James
Rudolph Garlleld. Secretary of the In
ti rior. hereinafter called the Secretary,
t■;i rt v "f the Hr it part, and the <»R
CIIARD CONSTRUCTION COMPANY, a
corporation under the laws of Colorado,
her. Inaftcr called the licensee, party
of the second part:
Wltnesseth Whereas, the Secretary,
by means of the Reclamation Service,
undei ihe act of Congress of June 17.
I*lo2 ("2 Stnt.. 388) has heretofore tak
en preliminary steps looking to the
creation of a svstem capable of Irri
gating about 60.000 acres of land on
the north side of Grand river, which is
for convenience designated as the Gov
ernment High Line Cannl and the. ex
ecution of such plans would enable the
Secretory tc irrigate from 6.000 to 12.-
t)on acres of land, on the so-called Or
chard Mesa, which comprises a consid
erable part of the lands included with
in the Orchard Mesa Irrigation Dis
trict. hereinafter culled the Orchard
District, and ,
Whereas. the Secretary Is willing
ftoat the Orchard District should maka
Its own provision for irrigating the
lands comprised therein; and
Whereas, the Orchard District Is a
municipal corporation created under
the laws of the state of Colorado for
the purpose of securing Irrigation for
about 12.000 acres of land In Mesa
county. Colorado, lying on the souther
ly bank of the Grand river, westerly
of Palisades and easterly of the Junc
tion made by the Gunnison river with
Grand river at or near the city of
Grand Junction, in said state of Colo
rado. and Intends to acquire owner
ship of a water right of 450 second
feet from Grand river, to be used and
enjoyed In connection with as part of
its said Irrigation System; and
Whereas, the Licensee has purchased :
and now owns a water right of 800 i
second feet from Grand river in Mesa .
eounty. Colorado, under a claim map i
and statement made by the Grand Me- <
sas (’anal and Power Company, i
a corporation created, organized, and
existing under the laws of Colorado. ]
approved by the State Engineer of 1
Colorado and filed November 11, A. D. 1
1907. as Filing No. 4194. as appears ,
from a copy thereof tiled with the *
Secretary, and ... ,
Whereas, the point of diversion of
water under said water right Is fixed
at a point In the canon of the Grand
river in Section 12, Township 10 South.
Range 98 West in Mesa county. Colo
rado. and the proper utilization of said
water right requires tpe construction
of a ditch or canal along the left or
easterly bank. In the canon of the
Grand river and n part thereof will be |
on lands now forming part of the pub- i
lie domain of the United Stntes; and
the diversion weir, and headgate of
said canal will be located nt the afore
said point of diversion under the Li
censee’s water right; and
Whereas. the Licensee desires to
utiliz** and appropriate 450 second feet
of its said water right In furnishing
to the Orchard District its proposed ir
rigation system an«l such appropriation !
is in part dependent upon its ability
to procure right of way oven the pub
lic lands In the canon of the Grand riv
er for the ditch, cauls. Humes, and sy
phons requisite to carry said water,
which said public lands have been
heretofore and still continue to he
withdrawn under the provision of the
said Act of June 17. 1902. and are not
subject to the provisions of law appli
cable to lands forming part of the
public domain nol so withdrawn; and
Whereas, the Licensee desires from
the Secretary a license, permit or
grant for constructing and maintaining
on said public lands in tin* canon of the
Grand river, a ditch, canal, flumes and
syphons of such character as will en
able It to utilize and appropriate 450
second feet of its said wut< r right from
Grand river in aid and as part of the
Orchard District’s proposed irrigation
system, and also a license, prernlt or
grant for constructing the distribut
ing canals of the Orchard District Irri
gation System over, across and upon
all otlnr lands forming part of the
public domain ns hereinafter described,
which are traversed by said proposed
distributing canals, and the Secretary
1h willing on certain conditions to
grant the same.
Now. Therefore, it Is hereby mutual
ly greed between the parties as fol
lows:
First —Tin* Secretary hereby licenses
and permits tin* Licensee to enter in
to and ui*on all the lands forming part
of the public domain of the United
States, lying and being situate on the
left or easterly and southerly side of
the Grand river In Mesa county. Colo
rado. between the Intersection thereof
by the north anil south center line of
Section 12. Township 10 South of
Range 98 West and the confluence of
the Grand and Gunnison rivers, and es
pecially the following lands, to-wlt:
The Southwest quarter of Section 12.
The west half of Section 13.
The Northwest Quarter of the North
west Quarter of Section 24.
The East half of the Northeast Quar
ter and the Southwest Quarter of the
Northeast Quarter of Section 23.
The Northeast Quarter of the North
west Quarter of Section 2*‘>.
All In Township 10 South of Range
98 West. , „
Also all that part of Section 3. Town
ship 11 South or Range 98 West which
lies easterly of said Grand river.
And to proceed with the construc
tion of a ditch, canal, flumes and sy
phons upon and over said lands for
and ns part of the irrigation system or
said orchard District, when and as
soon ns the location thereof shall have
been definitely determined by surveys,
and thereafter to maintain the same.
But Subject Always to the several
conditions respectively numbered 1 to
11 t both numbers inclusive) ns fol
lows. to-wlt:
<l> That within one year from date
hereof the Licensee shall make a bid
for furnishing u 450 second feet water
right from Grand river to the Orchard
District and for constructing the nec
essary canal, ditch. Ilume and syphons
not exceeding a capacity of 450 second
feet, extending from the point of di
version above described In and along
the canon of the Grand river to the
lands Included within the territorial
limits of the Orchard District: and
that thereafter said bid shall be accept
ed bv tin* Hoard of Directors of said
District, and shall ripen into a contract
in that behalf between said Orchard
District and tin* Licensee, duly author
ized. ratified and approved by the elec
tors of said District as required by law.
It is expressly stipulated that this
entire contract and each und every part
thereof shall wholly lapse and determ
im nt the option of the Secretary, if
the Licensee shall not make hid as re
mind by this condition prior to the
expiration of one year from date here
of. or If the Licensee shall attempt to
construct unv irrigation works on the
mirth side of the Grand river, or to
furnish any water for Irrigation for
such lands’ except the waste power
water to he turned Into the river above
tin* head of the Grand Valley Canal
i 2 * That tin* location of said ditch,
•anal. Ihimis and syphons In the canon
of tin* Grand river shall be in accord
nice with iln* plans of the Secretary
and that the same shall be located and
constructed with a view to a possible
future • nlargeim nt of such ditch or
canal for use in irrigating lands lying
on the north side of Grand river afore
said. and that when tin* location of all
aid Irrigation works forming part of
the Orchard District irrigation system
•hall have been definitely surveyed ami
located, the Licensee shall promptly
deliver to the Secretary maps in du
plicate showing such definite locution.
CD That so far as the Licensee can
control the same, tin* Secretary shall
have the exclusive right to enlarge any ]
canal, ditch, llumes. syphons, and other
irrigation works constructed by the
Licensee for the purpose of utilizing j
its said water right from Grand river. I
it* That the Secretary shall in any
ease have ,’he right ns against the Li
censee as well as against all persons
and corporations claiming under the
Licensee, to enlarge any canal, ditch
ilume or syphon mad** or constructed
by the Licensee at any point in the
canon of the Grand river and to use
the enlarged work In aid and as part of
,i system, the construction of which
may In* undertaken hv the Secretar*
for'the Irrigation of lands lying north ;
of Grand river, all free and clear ot
inv claim for damages l>y the Licensee
or its assigns of any kind or descrip- I
tion provided that such enlargement 1
shall be so conducted as to avoid In
terference with th*' delivery of water;
through and by means of any such '
ditch or other work during the months
of May. June. July. August, September , t
and Oetober. und that such enlarge
ment shall not he commenced until al
ter six months’ notice to that effect | •
?hn!l have been served upon the Or- j ■
■ hard District, provided that the won!
■enlarge" as used herein shall also be t 1
construed to mean original construe- ; ,
tton bv the Secretary in connection >
w Ith the Government High Line Canal
u case the Licensee shall not then 1]
have completed the work in said can- •
>n. contracted to be performed by the . t
Licensee as part of the Orchard Dls- j j
• riel Irrigation project. but in that -
• as** tin* Secretary shall construct said 1
work in such mnnn**r as to carry 450
second feet of water for the Orchard I
District Svstem. and th** License** shall ,
•n that ease pay to the Secretary a sum ■
qua 1 to what the work required to b«- i
■ tom* by the Licensee In completing i
that portion of the Orchard D’etricfs |
ditch affected hereby would cost the i
Licensee If then performed by the LI- i
cense** bv the contractors employed by <
the Secretary at unit prices agreed to ]
ho paid bv the Secretary for doing the ■
same und for the purpose of more d *
lnltely ascertaining the amount paya
DAILY SENTINEL . GRAND /UNCTION, COLORADO.
ble by the Licensee, recourse shall be
had to the topographical maps and any
other data utilised by the Secretary in
arriving at the coßt to the Secretary
of doing the entire work; Provided,
that the Secretary shall not be re
quired to provide ditch capacity for
carrying the water of the Licensee un
less the Licensee shall have made pro
vision to the satisfaction of the Sec
retary for payment of the amount pay
able by the Licensee hereunder in re
spect thereof when and as the Secre
tary shall become liable therefor on
his part. Provided further: That the
licensee shall not permit the enlarge
ment of said canal, ditch, flumes, sy
phons. or other irrigation works in
the canon of the Grand river by any
other party than the Secretary with
out making full clfarge for all costs
that may properly be made for such
enlargement or future operation and
maintenance. , .
(5) That when and If said Orchard
District canal or structures as en
larged are used Jointly by the Secre
tary and by the Orchard District, the
operation and maintenance shall be
carried on by the Secretary or his suc
cessors; and that In such case the cost
’ of operation and maintenance shall be
apportioned between and borne by the
Orchard District und the Secretary or
his successors in the proportion that
water carried Is divided between tpe
irrigation system pf the Orchard Dis
trict and the Government High Line
1 That the Orchard District shall
I utilize not more than 460 second feet
I for power and Irrigation purposes, of
which not more than 125 second feet
shall be used for Irrigation, and shall
by apt regulations require economi
cal use of all Its Irrigation water.
(7) That all power waste* water
from th** pumping plant of the Or
chard District irrigation system shall
be returned to the Grand river above
th<* head of the Grand Valley Canal so-
I called, so that there need-be no loss
to irrigation at that point, on account
of diversion for power.
(8) That when the How of the Grand
river falls below the total amount re
quired for the lands eomprlsing the Or
chard District and for the lands lying
on the north side of the Grand river
proposed to he* served by said Govern
ment High Line Canal, the available
water shall be apportioned between the
canals of tin* parties herto in the pro
portion of 28 per centum for the canal
of the Orchard District Including pow
er water and 72 per centum for the
canal of the Secretary; provided that
if the Orchard District shall include
less than 12.000 acres of Irrigable land
the percentage to be allowed for the
District in cuse of shortage shall be re
duc'd from 28 per cent., and shall be
such proportion thereof as the irriga
ble acreage In the District Is of 12.-
000 acres.
(9) 'Hint th** right of wby for said
canal, ditch, flumes and syphons over
said public lands of th** United States
shall be used bv th*- Licensee for the
sob- purpose or carrying out a con
tract made by It with the Orchard Dis
trict. duly authorize*!, ratified and ap
proved by th*- electors of said Orchard
District In pursuance of and in con
formity with tin* laws of th** state of
Colorado and shall be subject to for
feiture by the Secretary If the canal
shall not be completed within three
years, unless prevented by causes be
vmiil tin* control of the Orchard Dis
trict or the Licensee or by adverse lit
igation involving on*; or both of them.
This forfeiture Is In addition to and
not a substitution for the forfeiture
provided in condition numbered 1.
<10) That when th*; Orchard Dis
trict shall, through contract with the
Licensee, secure its completed irriga
tion system, embracing as part there
of a canal, ditch, flumes and syphons
on and over said public lands of the
United States, then and In that case
said Orchard District shall promptly
release to the Secretary or his appoint
ees each and every water right from
Grand river at any time heretofore In
itiated by It under the laws of Uolora
do. and that by assignment to the Sec
retary or his appointees, of stock In
the Mutual Mesa Irrigating Company,
owner of the so-called Rose Point tiling
for 1,000 second feet made in 1889. and
by cessation of appropriation of water
under said right for use on lands in
the Orchard District, anil by every oth
er lawful method, said district shall
procure relinquishment to the Secre
tary or his appointees of all said water
right at the earliest possible day after
the completion of the Orchard Dis
trict’s irrigation system aiul that the
District shall use Its best efforts to
acquire all of the stock of said Irri
gating Company and shall when and as
the said stock shall be controlled by
it. procure assignment thereof to th*;
Secretary or his appointees. The Li
censee agrees that, within 90 days af
ter It shall have made a contract with
said Orchard District, it will submit to
tin* Secretary, for execution by him
contract between th** United States of *
America and the Orchard District ex
ecuted on the part of th** said orchard
District. providing for compliances
with the conditions set out In this
paragraph; an*!
(11) That within Liirty days from
delivery hereof, the Licensee shall (1)
assign, transfer and set over unto the
Secretary or his appointees one-half,
to-wlt: 250 shares of the capital
stock of the Grand Mesas Land. Ca
nal and Power Company, which still
owns at date hereof a water right of
700 second feet from Grand river un
der said filing No 419 1. approved and
tiled »•' the State Engln* • r of Colora
do on November 11. A D 1907. and (2)
shall release t«» the S. •••tary. or his
appointees 50 second f« > t «*f tin* wat
er right from Grand river heretofore
acquired bv it bv ns) on* conveyances
from The Grand Mesas Land. Canal and
Power Company, provided. hqwover.
that said transfer of stock and said re
lease of water right shall be made to
and accepted by the Secretary upon
conditions. First—that tin* same shall
not Inure to the benefit of an> project
for the Irrigation of lands lying north
erly of Grand river save and except a
• iToject Initiated and completed by the
Sr.•rotary-—and Second. That if the
Secretary shall at any time abandon
cutibn of stud Gov* rrnnent 11 igfi
I Line Canal project for Irrigating lands
I upon the north side of Grand river
| then and 111 such case said stock and
aid 50 second feet shall be revested
in tlu* Licensee; provided, that the ap
pointee of tlu* Secretary In tills con
tract mentioned shall take such rights
ami interests In trust for tin* use and
benefit of the said Government High
Line Canal and subject to the direc
tion of tin* Secretary; and such rights.
*r any part of them as designated by
the Secretary shall nt any time be
transferred to him or sueli other ap
■•ointee us he may designate who shall
hold them under lik»* conditions.
Second. The Licensee agrees to sub
mit to the Engineer designated by the
1 -r* tary tin- map of the location of
i d canal and other structures in the
aa on »>f the Grand river In ease the
cense** shall become obligated to th**
n-ehird District to furnish that part
>f its proposed Irrigation system, and
obtain approval thereof by said en
. iiicer before proceeding with the
fork, but the Secretary agrees that
• .I Engineer shall promptly approve
•iv location adopted by the Licensee
i nch does not interfere unnecessarily
iih prosecution by the Secretary of
i.l Government High Line ('anal pro
ct for the purpose of Irrigating lands
on the north side of Grand river, invol
•Mg enlargement of atiy ditch or canal
>f the proposed Irrigation system of
Hu* Orchard District It is mutually
•'reed that no unreasonable or burden
•i*me reoulremont shall be imposed up
on the Licensee in th** premises and
■hat tlu* rights of tlu* parties hereto In
*he premises shall be adjusted upon a
'air and equitable basis, as if both the
contracting parties were private indi
viduals.
Third. The Secretary hereby ex
pressly reserves to the United States
•ill of'said public lands In the canon of
the Grand river subject onlv to the
grant herein above made to the Licen
see und to such other grants as may
be made by the Secretary
Fourth The term Licensee as used
herein shall he deemed to mean the Li
censee and its successors, as well us
such persons or corporation:* ns may
by mesne assignments of this con
tract. become subrogated to its rights
hereunder for the purpose of contract
ing with the Orchard District: and
shall also be deemed to mean said Or
chard District upon completion and de
livery to It of Its proposed Irrigation
system, and all the rights of the Li
censee under this contract shall for
the usee and purposes hereinabove ex
pressed (but subject to all the terms
and conditions stated above) be sus
ceptible to successive asisgnments:
Provided that any assignment, except
to the Orchard District, shall be sub-
to the approval of the Secretary.
The term Secretary shall also be
deemed to mean the official or acting
head of the Department of the United
States charged by law to deal with the
subject matter hereof, as well as the
proper subordinate, subordinates, and
branches or divisions of the Depart
ment duly accredited or authorized.
In Witness Whereof the parties here
to have hereunto subscribed their
hands the day and year first above
written.
(Signed)
JAMES RUDOLPH GARFIELD.
Secretary.
For and on behalf of the United States
of America, Party of the First Part.
THE ORCHARD CONSTRUCTION
COMPANY.
By (Signed)
C. C. MAGENHEIMER.
President.
Party of the Second Part.
P. O. Address: 1127 First National Bank
Building. Chicago, 111.
Attest:
The District by acceptance of this
grant hereby assumes performance of
all and singular the conditions upon
which the grant therein expressed was
mad**, numbered respectively. 2. 3,4,
5. 6. 7* 8. 9 and 10. set forth at large
in the copy of said agreement, dated
May 16. A. D. 1908. appearing above.
The Construction Company hereby rep
resents and covenants that It has prior
to the execution and delivery of this
instrument fully performed the condi
tion in said grant numbered 11. and
further covenants and agrees that it
lias not uttempted and will not at
tempt to construct any irrigation works
on the north side of Grand river or to
furnish any water for irrigation of
such lands, except insofar as waste
power water covered by the water
right hereinafter conveyed to the Dis
trict and carried by means of the power
canal provided to be owned by said
District shall be turned into Grand
river above the head of the Grand
Valley canal.
Second: The right to take. use. ap
propriate and enjoy from and out of
the waters of Grand river, in the state
of Colorado. 460 cubic feet of water
per second out of the rights In that be
half held and confirmed to the Or
chard Construction Company under
and by virtue of mesne conveyances
to it from tie- Grand Mesas Land, Canal
and Power Company, under and by vir
tue of a certain claim, pin* and state
ment made ami filed with the State En
gineer of Colorado on November 11.
A. D. 1907. approved and designated
by him as water filing No. 4194. certi
fied copy whereof was also duly filed
with the Clerk and Recorder of Mesa
county. Colorado, meaning and intend
ing hereby to convey th*- water right
which was vested In th*- Construction
Company by deed recorded in th*- of
fice of the Recorder of Mesa county.
Book 126. page 63.
To Have and to Hold nil and singular
the contract, rights. property and
premises hereinabove expressed to be
conveyed, sold, assigned. transferred
and set over unto said Orchard Mesa
Irrigation District, forever for the uses
and purposes hereinabove expressed,
but subject to the terms and condi
tions hereinbefore contained.
In Witness Whereof, the Orchard
Mesa Construction Company has
caused this instrument to be sealed
with its corporate seal and to be
signed, executed and attested by Its
president and se*-r**tary. this
day of . A. D. 190 .
THE ORCHARD CONSTRUCTION
COMPANY.
By
President.
Attest:
Assistant Secretory.
Executed In presence of:
of
Of
State of Illinois. County of Cook. ss.
On this day *>f
A. D. 190 personally appeared be
fore me. c. c. Magenheimer. President,
and I S. Haight. Assistant Secretary,
of The Orchard Construction Company,
**a«li personally known to me to be
such officers **f said company and to
lie tin* identical persons they respect
ively represent tncinaelveH to be. and
respectively acknowledged the forego
ing Instrument to be his free act and
deed and free act and deed of the Or
chard Construction Company, for tlu*
uses specified therein.
Notary Public. Cook County. Illinois
The said District hereby hinds and
obligates Itself on Its part to pay to
the Construction Company not Inter
than December 1. A. D. 1908. time be
ll ■• t the essence, f<>! and as the pur
eh'se priee of said water right and
-m:>! license and agreement as an on
ilretv. tlu* sum of On** Hundred and
Thirty Thousand (130.000) Dollars, sub
ject to and upon the condition that
tin* purchase by the District of said
water right and said license and
agreement as well as this contract,
shall be duly authorized, ratified, con
firmed and npproved by vote of the
■ lectors of the District legally quali
fied to vote In respect thereto. The
hoard of directors of said District shall
do and procure to lie done each and
every such lawful net as shall he nec
essary In order duly to submit the said
purchase and this contract to said elec
tors for authorization and ratification
as. required by the laws of the state
of Colorado^
The above agreements of tin* Con
struction Company are upon the ex
press condition that the District shall
duly create an Issue of its bonds for
the purpose of providing Itself with
funds and means wherewith to pay the
aforesaid purchase price nnd for the
purpose of constructing, acquiring and
purchasing any and all canals, ditches,
reservoirs, reservoir sites, water, water
rights, rights of way. or other prop
erty for (he use of the District, and
that the District shall pay said sum of
One Hundred Thirty Thousand (130.-
000) Dollars to the Construction Com
pany not Inter than said first day of
December. A D 1908. Provided, how
ever that the District shall have the
right to pay said purchase price in its
bonds having a prior lien on th*’ real
property In said District at the rate of
ninety-five per centum of the face val
ue thereof, anil any accrued Interest
thereon without discount represented
by coupons subsequently maturing for
and as but In lieu of cash. In case th**
District shall not have made sale of
Its bonds for cash In the manner and
form provided bv law.
THE ORCHARD CONSTRUCTION
COMPANY
By *’. C. MAGENHEIMER.
President
Attest I S. HAIGHT.
Assistant Secretary
(Corporate Seal.)
OP* 'HARD MESA IRRIGATION PIS
TRICT.
By FRED W BARBER.
N V FOSTER
GEORGE SMITH. *
Its Board of Directors.
Attest FRED W. RARBER.
President
E. E. UDLOCK.
Secretary
(Seal of District.)
SECOND QUESTION:
Shall the contract dated September
28th. A. I*. 1908. between the Orchard
Construction Company and the Or
chard Mesa Irrigation District, provid
ing for construction of the proposed
Irrigation svstem of said District In
consideration of the sum of Six Hun
dred and Seventy Thousand ($(**70,000)
Dollars to be paid therefor bv the Dis
trict. be authorized and ratified? Said
contract Is ns follows:
This Agreement made this 28th day
of September. A D 1908. between the
Orchard Mesa Irrigation District. a
bodv corporate under the laws of Col
orado. party of th** first part, (herein
after styled the District) and Th** Or
chard oonstrurtlon Company, a private
corporation under the laws of Colora
do. party of the second part, (herein
after stvied the Contractor).
WITNESSETH
Whereas by resolution of its Board
of Directors the District heretofore du
ly adopted a plan for the construction
of canals and works constituting its
Proposed Irrigation system, which plan
« evidenced by sundry specification®
plans, drawings, maps and profiles now
on file In the office of the Board of Di
rectors of said District: and.
Whercaw. the Contractor, pursuant of
a call for bids duly made and published
required by law. heretofore duly
made abs 4 and proposal for doln« all
the work and furnishing all the mater
ial and machinery neceesary to be
done, performed and furnished, and to
pay for all said work, material and
machinery In order to provide the Dis
trict with Its proposed Irrigation sys
tem completed In accordance with the
aforesaid specifications, plans. draw
ings, maps and profiles, in considera
tion of the payment to it at the times
and in the proportions and upon the
basis therein set forth of the sum of
Six Hundred and Seventy Thousand
($670,000) Dollars, which said bid and
proposal was accompanied by a certi
fied check for $5,000 as required by the
call for bids, and Is now on file in the
office of the Board of Directors of said
District, and
Whereas by resolution adopted on
September 28th. A. D. 1808. the Board
of Directors of the District duly ac
cepted said bid and proposal and now
makes this contract based on said spe
cifications. plans, drawings, maps and
profiles and on said bid and proposal
of the Contractor and on the accept
ance of said bid and proposal by the
District, which severally and respect
ively are hereby declared to be public?
records; and
Whereas as Inducement to the Con
tractor to make said bid and proposals,
the Board of Directors of the District
on the 28th day of September. A. I).
1908. previously duly adopted the fol
lowing resolution, to-wlt;
“Resolved that the President.
Secretary and Board of Directors
are hereby pledged, authorized and
instructed promptly and forthwith
upon the making of any contract
for the construction of the canals
and works constituting the pro
posed Irrigation system of the Or
chard Mesa Irrigation District up
on the plans and specifications
heretofore adopted by resolution
of Its Board of Directors, passed
on August 17. A. D. 1908. to do
each and every lawful act which
shall be requisite, necessary, or
expedient In order to hold a lawful
election, at which there shall be
submitted to the duly qualified
electors of the District entitled to
vote thereat, the question wheth
er or not such contract shall be
authorized, ratified and approved,
and also the question whether or
not said District shall create an is
sue of Irrigation District bonds
having prior lien on the real prop
erty therein In an amount suffi
cient to provide all the rights and
property which are necessary to
be provided and furnished by the
District to the Contractor in or
der to enable the Contractor to
perform such contract on Its part,
and also to pay to the Contractor
the sum to become due and paya
ble to the Contractor thereunder,
as well as any other sums, which
must by law be paid for In said
bonds or the proceeds thereof
when nnd if sold as provided by
law; nnd also such other questions
as should then properly be submit
t»**l to said electors In connection
with the acquisition of its said pro
pose*! irrigation system, and said
bond issue." .
Now. Therefore, it is hereby mutu
ally agreed by and between the Dis
trict and the Contractor, as follows,
to-wlt :
First: The Contractor shall furnish
and pay for nil materials, and ma
chinery. and do and perform and pay
for all labor and services necessary to
construct and complete the proposed
irrigation system of the District upon
said plans and specifications adopted
by tin* Board of Directors of said Dis
trict and fib'd in their office at Grand
Junction. Colorado, which said plans
and specifications, bids aiul proposals
are hereby made part of this contract
with like effect as if each and every
part thereof was severally and re
spectively set forth in the body hereof,
upon premises, real estate and rights
of way lo be put Into possession of
the Contractor by said District when
and as required by the Contractor for
th** prosecution of the undertaking,
and the delivery of the completed irri
gation system to the District all as
provided In said specifications.
Second: Except as otherwise pro
vided by law the approval by the En
gineer of the District of any materials
or machinery furnished upon th**
ground. <>r of any work done shall op
erate as a final and irrevocable ap
proval by the District of such mater
ials. machinery or work as the case
may be.
Third: The District shall pay to the
Contractor for all materials and ma
chinery furnished and labor done by
the Contractor in execution and per
formance of this contract, the gross
sum of Six Hundred and Seventy Thou
sand ($(170,000) Dollars, which said sum 1
of $670,000 shall be payable in manner
and form and at the time prescribed. I
specified nml declared in said specifi
cations adopted by the District and 1
said bid aiul proposal respectively
above mentioned.
Fourth: Anything to the contrary
herein notwithstanding, this contract
shall b** held for naught, unless on or
before November 9. A. I). 1908, It shall
be duly declared In accordance with
a canvass «>f votes cast at a lawful
election to be called and held for the
purpose of passing upon the questions
submitted to them, that a majority of
the duly qualified electors of said Dis
trict entitled to vote thereon have au
thorized and approved this contract,
and have also authorized and approved
the creation and issue of prior lien ir
rigation bonds of said District as pro
vided by law In an amount sufficient
to pay the Contractor the sum which
will beam** due and payable to the
Contractor hereunder as well as the
costs of all rights and property which
the District is required to provide in
order that the Contractor may per
form this contract on Its part, and any
other sums which must by law be paid
for in such bonds or the proceeds
thereof when and if sold as provided
by law. The Contractor shall within
ten days after this contract shall have
been duly declared as aforesaid to have
been authorized and approved by said
electors, enter Into th** bond required
by said specifications and by th** laws
of Colorado In such case provided.
Fifth: Forthwith and as soon ns
may be after the bonds of the District
have been duly authorized as above
provided the District shall at its own
expense take nnd prosecute to con- I
elusion the proceedings provided by
law for tin* adjudication by the proper
Court of the validity of the organiza
tion of said District and of all subse
quent proceedings to and including the
Issue of said bonds. This contract
shall b<* also held for naught and tin
contractor’s bond released, canceled
and surrendered, unless on or before
March 15th. A. D. 1909. tlu* District
shall have furnished to the Contractor
a certified copy of a valid decree of the
proper Court making the adjudication
aforesaid, as provided by the laws of
Colorado.
Witness the hands of the Board of
.Directors of the District nnrl its cor
porate seal attested by Its Secretary
and the hands of the President and
Secretary of th** Contractor and its
corporate seal the day and year first
above written.
ORCHARD MESA IRRIGATION DIS
TRICT.
lly FRED W. BARBER.
N. V. FOSTER.
GEORGE SMITH.
Its Board of Directors
(Seal of District.)
Attest: FRED W. BARBER.
President
E. E. UDLOCK
Secretary
THE ORCHARD CONSTRUCTION
COMPANY.
By C C. MAGENHEIMER,
President
Attest: I. S. HAIGHT
Assistant Secretary
(Corporate Senl.)
THIRD QUESTION:
Shnll the Orchard Mesa Irrigation
District of Mesa county. Colorado, is
sue Its bonds In the amount and sum
of Nine Hundred Thousand ($900,000)
Dollars for the purpose of construct
ing its proposed system of irrigation
acquiring said water right and right
of wav over lands of the United States
and other rights of wav. canals ditch
es. and works, and acquiring the neces
snry property and rights therefor, and
for the purpose of paving the first
year’s Interest upon said bonds, and
otherwise carrying out the provision®
of an Act of the General Assembly of
the State of Colorado, entitled >'"Ar
Act In relation to Irrigation Districts"
approved May 3rd. A. D. 1905. and all
acts amendatory thereto, which said
bonds shall be payable when and aa
raqulrad In and by said last mentioned
TUESDAY, OCTOBER 13, ItOS.
Act. and shall bear Interest at six (ff)
per centum per annum, payable semi
annually. and shall as well as the um
thereof In all respects conform wltk
said Acts?
That all electors voting on said ques
tions at said election shall vote by bal
lot. which shall contain the following
words respectively:
First Question: Shall contract dated
September 28. 1908. with The OrchanW
Construction Company for purchase
water right and right of way
United States Lands be authorized and
ratified? YES.
Shall contract dated September 28,
1908. with The Orchard Construction
Company for purchase of water right
and right of way over United States
Lands be authorized and ratified? NO.
Second Question: Shall contract
dated September 28. 1908. with The Or
chard Construction Company for con
struction of proposed irrigation sys
tem be authorized and ratified? YES.
Shall contract dated September 28,
1908. with The Orchard Construction
Company for construction of proposed
irrigation system be authorized and
ratified? NO.
THIRD QUESTION:
Bonds? YES.
Bonds? NO.
That for the purpose of the special
election, it is hereby ordered that said
DISTRICT be. and the same hereby is.
divided into three election precincts as
follows, to-wlt: .. .
Precinct No. 1 shall comprise all tnat
portion of said District lying east of
the west Township line of Township
1 South. Range 2 East of the Ute Me
ridian. , „ . .. .
Precinct No. 2 shnll comprise that
portion of said District lying west of
the west Township line of Township 1
South. Range 2 East of the Ute Merid
ian. and North of the cast and west
one-half Section line of Section 25.
Township 1 South. Range 1 East of the
Ute Meridian, extended west to the
west boundary line of the District.
Precinct No. 3 shall comprise that
portion of said District lying west of
♦ lie west township line of Township l
South. Range 2 East of the Ute Merid
ian and South of the East and West
one-half Section line of Section 26.
Township 1 South. Range 1 East of tho
Ute Meridian, extended west to the
w* st boundary line of said District.
The Polling Place for Precinct No. 1 a
for said special election will be at the ■
residence of R. J. Mulvaney, located
on South Half of the Southeast Quar
ter of S«*ctlon 3. Township 1 South of
Range 2 East of the Ute Meridian.
The Polling Place for Precinct No. 2
for said special election will be at the
residence of George Smith, located on
Lot 2 of The Grand Junction Orchard
Mesa Land Company’s Orchard subdi
vision.
The Polling Place for Precinct No. 3
will be at the residence of Peter Beck
■ r. loented on the Southeast Quarter of
the Southeast Quarter of Section 30.
Township 1 South. Range 1 East Ute
Merldia n.
That R. J. Mulvaney. E. B. Hiatt nnd
David H. Winger, each being a quali
fied elector therein, be and they here
by are appointed judges of said special
election in Precinct No. 1.
That J. T. Brown. E. D. Haskins nnd
E. I>. Parsons, each being a qualified
elector therein, be and they hereby are
appointed Judges of said special elec
tion In Precinct No. 2.
That Peter Becker. A. L. Zeller and
Dan Griffiths .otherwise known as
John It. Griffiths) such being an elector
therein, be and they hereby are ap
pointed Judges of said special election
in Precinct No. 3.
That tin* polls at each election pre
cinct shall he opened at 8 o'clock a.m.
of said Monday, Oetober 26tli. A. D.
1908. and shnll remain open until, and
shall he closed at the hour of 6 o’clock
p.m. of said day: and that the election
shnll be held between the hours of 8
o'clock a.m. and G o’clock p.m. of said
day.
That notice of said election shall be
given, and said election shall be hold,
and th** results thereof determined and
declared in all respects ns provided by
law. and the Secretary of said Board
of Directors shall cause said notice to
be given over his official signature, and
the seal of the said Orchard Mesa Irri
gation District, ami shall make due re
turn to said Board of Directors of the
proper evidence of the due giving of
sabl notice."
Notice Is hereby given that said res
olutions have been duly entered In and
appear upon the record of the proceed
ings of said Board.
Pursuant of said resolutions above
set forth. Notice is hereby given that
a special election will be held on said
26th day of October. A. D. 1908, at said
several places specified in the said res
olutions of the Board of Directors, for
tho purpose of voting upon the author
ization nnd ratification of said con
tracts with The Orchard Construction
Company nnd the issue of Nine Hun
dred Thousand ($900,000) Dollars of
bonds of the District. Votes of quali
fied electors of the District cast nt said
special election will be received at the
polling places hereinbefore specified for
the several preclnets between the hours
of 8 o'clock a.m. and 6 o’clock p.m. of
said day. nnd the said election will be
conducted in conformity with the pro
visions of law In such case made and
provided.
Witness our hands and the seal of
said Orchard Mesa Irrigation District,
attested by its Secretary, this 29th day
of September. A. D. 1908.
FRED W. BARBER.
N. V. FOSTER.
GEORGE SMITH.
Directors of Orchard Mesa Irrigation
District.
Attest: E. E. UDLOCK.
Secretary.
(Seal.)
First publication. October 1. 1908.
Last publication. October 24. 1908.
There is lots of money wasted by
using the cheapest furnace. We do
not sell the cheapest, but the best.
J. H. Lane.
a word to the truly wise Is super
inous. Hilbert and Ricks, groeerier
*'ri meat*
When you desire a r»g for family
i riving , cali up Blue Barn, phonie
lunction 228.
See us for farm loans at reason
able rates. Payable in 5 years. The
Coe Investment Co.
Moving a specialty ■Larges', drays
n town. Standard price per load.
Personal attention. The Blue Barn,
"hone Junction 228.
You will need something more
than a refreshing “Merry Widow*
these sultry days. Consult Hilbert
& Ricks.
Groceries below cost would he a
foolish statement. Quality comes
first with us and. the prices are al
waiys right. Hilbert & Ricks, 427
Main.
Heavy hauling wvci* special at
tention by Barton & Terrill. When
you have anything in this line. cak.
them up. Prices are right.
We have just received a car of the
old reliable Front Rank furnaces,
and are now prepared to do your
heating work promptly. J. H. Lane.
Years of experience m tue clean
ing and pressing business enables u»
to please everybody. 125 South Filth
street. Phone Black 66 2.
Refrigerators at cost. Crown Fur
niture Co
See me for that new hose. — J. B
McKenzie, 545 Colorado avenue.
For heavy haumi& ot any » •»*
phone the Blue Ram Phone
tioe SIS.