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Show 67804 Contract to be Authorised by Election ani Confirmed by. Court Article 31. The execution of this contract by +he District ahall be authorized by the qualified electors of the District at an election held for that purpose. Thereafter, without delay, the District shall prosecute to Judgment proceedings in court for a Judicial confirmation of the authorization and validity of this contract. The United States shall aat hm In any manner bound under the terns and conditions of this contract unless and until ¦ confirmatory final Judgment in such proceedings shall have been rendered, including final decision, or pending appellate action if ground for appeal be laid. The District shall without delay and at its own cost and expense furnish the United States for its files, copies of all proceedings relating to the election upon this contract and the confirmation proceedings in connection therewith, which said copies shall be properly certified by the Clark of the Court in which confirraatory Judgment 1b obtained, Method of Determining Net Power Proceeds Article 32. In determining the net proceeds for each calendar year from any power development on tha Ail-American Canal, to be paid into the Colorado River Dan Fund as provided in Article fourteen (14) hereof, there shall be taken into consideration all items of coat of production of power, including but not necessarily limited to amortization of and interest on capital investment in power development, replacements, improvements, and operation and maintenance, if any. Any other proper factor of cost not here expressly enumerated may be taken into account in determining the net proceeds. Contingent, uoon Appropriations Article 33, This contract is subject to appropriations being made by Congress from year to year of rconey3 sufficient to do the work provided for herein, and to there being sufficient moneys available in the Colorado River Dam Fund to permit allotments to be nada for the performance of such work. No liability shall accrue against the United States, its officers, agents or employees, by reason of sufficient moneys not being so appropriated nor on account of there not being sufficient nonoys in the Colorado Rivnr Dam Fund to permit of said allotments. If more then three years elapao a.ftor this contract becomes effective and before appropriations are available to permit the United States to make expenditures here-under, the District may, at ite option, upon giving sixty (60) days written notice to the Secretary, cancel this contract. Such option shall be expressed by vote of -20- |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |