"Witness this contract, made and entered into this day, between the City of San Antonio, a municipal corporation created by the Legislature of the State of Texas, in the County of Bexar, in said State, represented by Marshall Hicks, its Mayor, being duly authorized to do so, party of the first part, and R. H. Russell, J. A. Simmons and associates, their successor or assigns, parties of the second part, as follows, to-wit:
"1. It is hereby stipulated and agreed by and between said parties that the parties of the second part are to construct an open ditch, with all the necessary flumes, beginning at the terminus of the present outfall sewer, situated upon what is now known as the `sewer farm,' along the right-of-way obtained, and to be obtained by the said party of the first part, said ditch to be constructed in a substantial manner so as to retain the waters therein and prevent their escape (provided that the ditch and dam herein provided for shall be constructed according to plans which shall be approved by the special sewer committee, and the City Engineer) the work to be commenced within ninety days from the acceptance of this contract.
"2. It is further stipulated and agreed by and between said parties that the parties of the second part are to construct a good and serviceable dam at Mitchell Lake, sufficient to contain the surplus sewerage of the City of San Antonio during the term of this contract; all of the work under this contract to be completed within one year from the acceptance of this contract.
"3. It is further stipulated and agreed by and between said parties that the parties of the second part shall, beginning at the time of the completion of said ditch and dam, take exclusive charge and control of all the sewerage coming through the present outfall sewer and all that may come through any additional outfall sewers that may be constructed hereafter by the City of San Antonio and running parallel to the present outfall sewer, and convey the same through the ditch to be constructed by the parties of the second part, and to dispose of said sewerage by broad irrigation along the line of said ditch and below it; and said parties of the second part hereby guarantee to so dispose of said sewerage that it will neither pollute the natural waters of the country nor become a nuisance.
"4. It is further stipulated and agreed by and between said parties that the parties of the second part shall recognize, and shall be authorized to enforce, all contracts made heretofore, or that may be necessary to be made hereafter to complete the right-of-way, by the City of San Antonio, for water rights along the right-of-way of said ditch.
"5. It is further stipulated and agreed by and between the said parties that the parties of the second part shall set aside the place known as Mitchell Lake as a reservoir to be used as a deposit for all surplus sewerage not used for irrigation.
"6. It is further stipulated and agreed by and between said parties that the parties of the second part shall care for and maintain the said ditch and keep the same clean, and to rebuilt such portions as may be necessary, during the duration of this contract; and should the sewerage of the City of San Antonio sufficiently increase in volume so as to make it necessary, then the said parties of the second part agree either to enlarge said ditch or to construct another ditch parallel with the one herein contemplated and upon the same right-of-way.
"7. It is further stipulated and agreed by and between said parties that, in consideration of the faithful performance by the parties of the second part of the above stipulations, the said parties of the second part shall have the right, and the same is hereby granted by the party of the first part, to the exclusive use of all the sewerage now or hereafter running through the present outfall sewer and through any additional outfall sewers that may be built hereafter parallel to the present one, for the purpose of irrigation, save and except such sewerage as had been already contracted for by the party of the first part in payment of the right-of-way of said ditch, and such as may hereafter be contracted for in order to complete the acquisition of the said right-of-way for said ditch from said sewer farm to Mitchell Lake.
"8. It is further stipulated and agreed by and between said parties that upon the completion of said ditch and dam the party of the first part is to convey to the parties of the second part, their successors or assigns, all its rights, title and interest in and to the right-of-way obtained and to be obtained for said ditch, subject, however, to all the terms of this contract.
"9. It is further stipulated and agreed by and between said parties that the party of the first part shall at its own expense, cause to be made all the surveys, data, etc., necessary for the letting of the contract for the building of said ditch; but the parties of the second part are to pay the expense of all
the engineering work during the building of said ditch and dam.
"10. It is further stipulated and agreed by and between said parties that this contract shall remain in force for the term of ninety-nine years, provided the parties of the second part faithfully comply with all of the agreements herein; otherwise, the City of San Antonio may, at its option, declare same null and void.
"11. It is further stipulated and agreed by and between said parties that in case the work on said ditch does not begin in a subtantial manner within ninety days from the signing of this contract, then the City of San Antonio may, at its option, either waive said time or terminate this contract, or require the payment of one thousand dollars as damages for delay.
"12. It is further stipulated and agreed by and between said parties that if the said work is not completed within one year from the acceptance of said contract, then the parties of the second part will pay to the party of the first part the sum of fifty dollars ($50.00) per day as liquidated damages by reason of said delay; said sum of fifty dollars ($50.00) per day being agreed upon in advance as fair and just, owing to the difficulty in determining the exact amount or damages which may be caused, and for the further reason in order that it may be definitely understood that time is one of the important elements of this contract.
"13. It is further stipulated and agreed by and between said parties that in order to secure the faithful performance of this contract by the parties of the second part, their successors or assigns, the party of the first part reserves to itself a lien on the said right-of-way, ditch and lake and dam; and in case of a breach of said contract by said parties of the second part, the party of the first part may foreclose its lien for the amount of its damages by reason of said failure to perform on the part of the parties of the second part, unless said damages are fully paid off and discharged prior to the sale under said foreclosure; and this condition and the terms of this contract shall run with the land into whomsoever's hands it may come.
"14. It is further stipulated and agreed by and between said parties that upon the completion of said ditch and dam the party of the first part shall convey to the parties of the second part the right-of-way through said sewer farm of twenty-five (25) feet on each side of the outfall sewer, and that during the progress of said work the parties of the second part shall have all the rights of ingress and egress to said sewer farm for the purpose of carrying out the terms of this contract.
"15. It is further stipulated and agreed by and between said parties that the parties of the second part are to recognize the rights of the present lessees of the said sewer farm to the use of said sewer water until the completion of said ditch and dam, but said parties of the second part shall be entitled to, and are hereby granted the rent accruing to the party of the first part from the said lessees of the sewer farm from the time of the completion of said ditch and dam until the expiration of said lease of Hamilton & Co.
"16. It is further stipulated and agreed by and between said parties that the parties of the second part are to remove said water from the sewer farm, into said ditch immediately upon the expiration of said lease of said sewer farm."
