INCLUSION OF LANDS ART. 34. (a) In this article where the words "area to be included" are used such words shall be understood to mean those certain areas shown on Exhibit A and bounded by the lines indicated thereon as "Boundary of additional areas in proposed enlarged Imperial Irrigation District." (b) The district agrees to change its boundaries within a reasonable time after the execution of this contract, in the manner provided by law, so as to include within the district the public lands of the United States in Imperial County lying south of the northerly boundary line of township eleven (11) south of the San Bernardino base line, and within the area to be included. (c) The district further agrees to change its boundaries, if lawful petition or petitions therefor be presented to its board of directors prior to the first day of January, 1940, so as to include within the district any privately owned and/or entered lands for which final certificate has not been issued, in Imperial County, lying south of the northerly boundary line of township eleven (11) south of the San Bernardino base line, and within the area to be included. (d) The district further agrees to change its boundaries, in the manner provided by law, so as to include within the district the lands lying north of the northerly boundary line of township eleven (11) south of the San Bernardino base line, and within the area to be included, if lawful petition or petitions sufficient in all respects for such inclusion be presented to its board of directors at any time prior to the expiration of thirty days from and after the date on which a confirmatory judgment, as required by article 31 hereof, declaring this contract in all respects valid and duly authorized, shall have become final; provided, however, that the district shall not change its boundaries so as to include any of said lands lying north of the northerly boundary line of said township eleven (11) south, unless the said petition or petitions so filed shall be sufficient to lawfully include in the aggregate not less than ninety (90%) per centum (the areas to be approved by the Secretary) of the said lands, exclusive of the Dos Palmas area and exclusive of Indian lands and public lands of the United States. Within a reasonable time after the inclusion of such lands pursuant to said petition or petitions the district further agrees to change its boundaries, in the manner provided by law, so as to also include within the district the public lands of the United States within the area to be included and lying north of the northerly boundary line of said township eleven (11) south. (e) Whenever any of the lands within the area to be included are included within the district the inclusion thereof shall be made upon conditions substantially as hereinafter contained (filling blank spaces with appropriate unit names as may be required and other proper designations), and the Secretary, on behalf of the United States, hereby consents to such inclusion and conditions, which conditions are as follows: CONDITION NO. 1.—Definitions In the following conditions, the word "district" shall mean Imperial Irrigation District; the word "board" shall mean the board of directors of Imperial Irrigation District; the words "All-American Canal Contract" shall mean that certain contract between the United States of America by Ray Lyman Wilbur, Secretary of the Interior, and Imperial Irrigation District, dated (Date of this contract) and entitled "Contract for construction of diversion dam, main canal, and appurtenant structures and for delivery of water," authorized by the electors of Imperial Irrigation District at an election held.. (Date of this contract authorized) and the words "distribution system" shall mean the secondary main canal and lateral system or systems, including all canals, pipe lines, structures, pumping plants, machinery, and incidental works necessary or convenient under the rules and regulations of Imperial Irrigation District for delivery of water for irrigation and domestic purposes from the All-American Canal, as the same is shown on Exhibit A attached to and made a part of said All-American Canal contract, to lands in unit as such unit is hereinafter defined. (Name) CONDITION No. 2.-Division into units For the purposes of these conditions and in compliance with the terms of the All-American Ĉanal contract, the district shall be divided into units, commencing with Imperial unit, which unit shall comprise the lands within the district as of July 1, 1931, and such other lands as may at any time or from time to time be added thereto in the discretion of the board. (Name) unit shall comprise (Here shall follow description or other designation of the unit involved as provided by article 10 (c) of the All-American Canal contract) CONDITION No. 3.-All-American Canal contract (Name) unit shall be, in all respects, bound The lands within by all of the terms and conditions of the All-American Canal contract and particularly by article 10 thereof, and shall pay, as a unit obligation, the several amounts and in the manner and at the times provided for in said contract, as the board may determine; provided, that said lands in (Name) unit shall pay to the district, as a unit obligation, that proportion of the total sum paid by the district to the United States under that certain contract of October 23, 1918, between the United States and the district for the right to connect with Laguna Dam, prior to the payment of the first installment on said contract of October 23, 1918, for which said land shall be assessed, that the total area of unit bears to the total area of the district at the (Name) date notice of completion of all work provided for in the All-American Canal contract shall be given, pursuant to article 12 thereof, to the district. Said sum shall be divided into ten annual installments, as nearly equal as may be practicable, and paid, commencing with the calendar year next succeeding the calendar year when such notice of completion shall be so given. CONDITION No. 4.-Distribution system The lands within (Name) unit shall pay, as a unit obligation, the total capital cost of any distribution system which may be constructed by or under authority of the district, to serve the lands within said (Name) unit or any part thereof. When said distribution system, or any part thereof, is constructed, or an obligation therefor is incurred, said lands shall pay annually such sum or sums as may be necessary to meet the then current obligation therefor, whether for principal or interest or both, or otherwise. Said distribution system shall at all times be and remain the exclusive property of the district unless the district shall provide otherwise, in the discretion of the board. When funds for the construction of said distribution system are made available, the district shall construct or authorize the same to be constructed as the board may determine. CONDITION No. 5.-Pumping costs The board shall provide by rule for the payment by the lands served of the cost of power required to pump water to or for the use of such lands. CONDITION No. 6.—Charges to be part of assessment Any and all charges against or upon the lands within (Name) unit provided for by the foregoing conditions unless otherwise collected from the lands within unit shall be a part of, but in addition (Name) to, the annual assessment upon the said lands for other district purposes and payable in installments accordingly, and shall constitute an additional annual charge upon the land, and the board shall levy such assessment upon the said lands upon an ad valorem or other basis as now or hereafter provided by law, in an amount or in amounts sufficient to raise the several sums provided for from the said lands within unit; provided, that for the pro (Name) tection of the interests and security of the United States, pending completion of construction of the All-American Canal to such extent that water is available in said canal for use in unit, the annual assessment upon (Name) the lands within said unit for district purposes shall be limited to raise only the just proportion chargeable to said unit for expenditures connected with or applying to the All-American Canal and/or arising from expenditures made in or on behalf of said unit. In the event petition or petitions for inclusion, pursuant to this article, of any privately owned lands, or entered lands for which no final certificate has at the time been issued, lying south of the northerly boundary line of township eleven (11) south of the San Bernardino base line, and within the area to be included, be presented subsequent to the expiration of thirty days from and after the date on which a confirmatory judgment, as required by article 31 hereof, declaring this contract in all respects valid and duly authorized, shall have become final, then the district may, in the discretion of the board of directors, require, as a condition precedent to the granting of said petition or petitions and in addition to the other conditions above named, that the petitioners shall pay to the district such respective sums, as nearly as the same can be estimated (the amounts to be determined by the board), as the holders of title, or evidence of title, to the several parcels of land involved in said petition or petitions, and their grantors would have been required to pay to the district as assessments had such lands been included within the district at the expiration of said thirty-day period, or such portion of said sum as the board of directors may at the time determine. The provisions of this subarticle shall also apply to all lands lying north of the northerly boundary line of said township eleven (11) south, and within the area to be included, provided the ninety per centum (90%) petition required by subarticle (d) of this article is filed prior to the expiration of said thirty-day period. (g) In the event the petition or petitions for inclusion of the said lands lying north of the northly boundary line of said township eleven (11) south of the San Bernardino base line, as in subarticle (d) above provided are not made and filed with the board of directors of the district prior to the expiration of thirty days from and after the date on which a confirmatory judgment, as required by article 31 hereof, declaring this contract in all respects valid and duly authorized, shall have become final, as herein above provided, then said lands shall not thereafter be included within the district under the provisions of this contract and the works referred to in this contract north of the northerly boundary line of said township eleven (11) south of the San Bernardino base line shall not be constructed under this contract, and the district shall be relieved from all responsibility therefor, anything in this contract to the contrary notwithstanding, and the capacities in the works to be constructed under this contract shall be reduced accordingly. (h) Nothing contained in this contract shall impair any right or remedy of any person entitled to object or protest against the inclusion within the district of any particular tract or tracts of land, or the conditions imposed by the board of directors of the district on the inclusion of any particular tract or tracts, nor impair the power of the board to hear and determine any such objections or protests, but if in the opinion of the Secretary such determination by the board substantially impairs the interests of, or security otherwise available to, the United States under this contract, then and in such event the United States shall be under no obligation to proceed further under this contract. In the event any petition or petitions be filed for the inclusion within the district of any lands within the area to be included and, after the conditions set out in subarticle (e) of this article or conditions less burdensome, are imposed thereon, a sufficient majority statement or statements in writing be filed objecting to the inclusion of such lands with the conditions imposed thereon, so that the board of directors is required to dismiss such petition or petitions, then it shall be regarded as if such petition or petitions had not been filed. PRIORITY OF CLAIMS OF THE UNITED STATES ART. 36. Claims of the United States arising out of this contract shall have priority over all others, secured and unsecured. RIGHTS RESERVED UNDER SECTION 3737 REVISED STATUTES ART. 36. All rights of action for breach of any of the provisions of this contract are reserved to the United States as provided in section 3737 of the Revised Statutes of the United States. REMEDIES UNDER CONTRACT NOT EXCLUSIVE ART. 37. Nothing contained in this contract shall be construed as in any manner abridging, limiting, or depriving the United States or the district of any means of enforcing any remedy either at law or in equity for the breach of any of the provisions hereof which it would otherwise have. The waiver of a breach of any of the provisions of this contract shall not be deemed to be a waiver of any other provision hereof or of a subsequent breach of such provision. INTEREST IN CONTRACT NOT TRANSFERABLE ART. 38. No interest in this contract is transferable by the district to any other party, and any such attempted transfer shall cause this contract to become subject to annulment at the option of the United States. MEMBER OF CONGRESS CLAUSE ART. 39. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. Nothing, however, herein contained shall be construed to extend to this contract if made with a corporation for its general benefit. |