Imperial Valley press., 1931-05-04
CONTRACT FOR THE ALL-AMERICAN
CANAL PRESENTED FOR STUDY BY
CITIZENS OF IMPERIAL VALLEY

the District under the provisions
hereof shall be made by the Dis
trict without first having had and
obtained the written consent of the
Secretary, and the Secretarys opin-
ion as TO whether any change in
any such works is or is not substan-
tial shall be conclusive and binding
upon the parties hereto. The Dis
trict shall promptly make any and
all repairs to and requirements of
all works transferred to it under
the terms and condition hereof,
which, in the opinion of the Sec
retary, are deemed necessary for the
proper operation and maintenance
of such works. In case of neglect
or failure of the District to make
such repairs, the United States
may, at its option, after reasonable
notice to the District, cause such
repairs TO be made and charge the
actual cost thereof, plus fifteen per
centum N59o) to cover overhead
and general expense, to the Dis
trict. On or before September first
of each calendar year the United
States shall give written notice tC
the District of the amount expend-
ed by the United States FOR repairs
under this article during the 12-
month period Immediately preced-
ing. Such cost, plus overhead and
general expense as stated above, shall
be repaid by the District on March
first Immediately succeeding.
Agreement by District to Pay for
Works Constructed by the United
t States
QO (a) The District agrees to
pay the United States the actual
cost, lot exceeding thirty-eight
million, five hundred thousand dol
lars ($38 500 100000, incurred by the
United States on account of the
aforesaid works, subject. however,
to the provisions of Article seven
I'd hereof: provided, that should
Congress fail to make necessary ap--
preparations to complete the work
herein provided for, then the Secre-
tary may, at such reasonable time
as he may consider advisable, after
Congress shall have failed for five
consecutive years to make the nee
eSsary appropriations which shall
have been annually requested bv
the Secretary, give the District
notice of the termination of work
by the United States and furnish
statement of the amount actual
ly expended by the United States
thereon. Upon the receipt of such
notice by the District the District
shall be given two years from and
after such receipt of notice to elect
whether it will utilize said works
heretofore constructed, or some
particular part thereof. Such elec-
ton on the part of the District
shall be expressed by resolution of
the Board of Directors submitted to
the electorate of the District for
approval or rejection in the man.
ner provided by law for submission
OF contracts with the United States.
If the District elects not to utilize
said works or some portion there
'.of, then the District shall have no
further rights therein and no obli-
cations therefor. If the District
elects to use said works or a por-
ton thereof. then the reasonable
value thereof to the District not
exceeding the actual cost to- the
United States shall be paid by the
District under the terms of this
contract; the first payment to be
due and payable on the first day of
March following the first day of
September next succeeding the fin
al determination of the reasonable
value to the District of such works,
in case no further work is done by
the District. Should the District
elect to complete the work con-
templated by this contract, or some
portion thereof, the first payment
shall be due and payable on the
| first day of March following the
first day of September next sue
ceeding the date of the final COM
pletion of the work by the District
as determined by the Secretary. In
determining the value of such
works to the District there shall be
taken into account, among other
things, the method of financing re-
quired and cost of money. SO the
in no event shall all of the works
contemplated by this contract cost
the District more than they would
have cost the District had they all
been constructed by the United