§ 36-7-322 — Notice upon failure to fulfill; sale of incompleted works; option to complete

Upon the failure of any parties, having contracts with the state
for the construction of irrigation works, to begin the same
within the time specified by the contract, or to complete the
same within the time or in accordance with the specifications of
the contract with the state, it shall be the duty of the
director to give such parties written notice of such failure,
and if, after a period of sixty (60) days from the sending of
such notice, they shall have failed to proceed with the work, or
to conform to the specifications of their contract with the
state, unless said parties shall show to the satisfaction of the
board good and sufficient reason for such delay and failure to
complete said works or conform to said specifications and
demonstrate to the satisfaction of said board their financial
ability and intentions to proceed with said work in good faith,
the bond and contract of such parties and all work constructed
thereunder shall be at once and thereby forfeited to the state,
and it shall be the duty of the board at once so to declare and
to give notice once each week, for a period of four (4) weeks,
in some newspaper of general circulation in the county in which
the work is situated, and in one (1) newspaper at the state
capital, in like manner and for a like period, of the forfeiture
of said contract, and that upon a day fixed, proposals will be
received at the office of state lands and investments in the
capitol at Cheyenne, for the purchase of the incompleted works
and for the completion of said contract; the time for receiving
said bids to be at least sixty (60) days subsequent to the
issuing of the last notice of forfeiture. The money received
from the sale of partially completed works under the provisions
of W.S. 36-7-321, shall first be applied to the expenses
incurred by the state in their forfeiture and disposal;
secondly, to satisfying the bond; and the surplus, if any
exists, shall be paid to the original contractors with the
state; provided, however, that the board may, in its discretion,
accept from any parties unable for any reason to fulfill the
terms of their contract with the state, the full release,
relinquishment and surrender of any rights acquired from the
state under and by virtue of said contract, and may thereupon
abrogate the same and release said parties from the conditions
of the said contract and bond, and may proceed in its discretion
to enter into a new contract with other parties, if such there
be, for the completion of the works so surrendered.