A. To the State of Nevada, for use in Nevada, not exceeding eighteen per centum (18%) of said total firm energy, whereof twenty-one million one hundred fifty thousand (21,150,000) kilowatt-hours annually (June 1st to May 31st, inclusive) of said firm energy shall be taken and/or paid for by the State under the provisions of this contract. MINIMUM ANNUAL PAYMENT 6. Article fifteen (15) of the aforesaid contract of May 6th, 1936, as amended by Supplemental Contract of April 23, 1938, is hereby amended to read as follows: 15. The minimum quantity of firm energy which the State shall take and/or pay for each year (June 1st to May 31st, inclusive), under the terms of this contract, and after the same is ready for delivery to the State, as provided in subdivision (a) of Article twelve (12) hereof, shall be twenty-one million one hundred fifty thousand (21,150,000) kilowatt-hours. The total payments made by the State for firm energy available in any year (June 1st to May 31st, inclusive), whether any energy is taken by it, or not, exclusive of its payments for credit to the generating agency, shall be not less than the number of kilowatt-hours of firm energy which the State is obligated to take and/or pay for during said year, multiplied by one and sixty-three hundredths mills ($0.00163), or multiplied by the adjusted rate of payment for firm energy in case the said rate is adjusted as provided in Article thirteen (13) hereof. For a fractional year at the beginning or end of the contract period, the minimum annual payment for firm energy shall be proportionately adjusted in the ratio that the number of days water is available for generation of energy in such fractional year bears to three hundred sixty-five (365). Provided, that the minimum annual payment shall be reduced in case of interruptions or curtailment of delivery of water as provided in Article eighteen (18) hereof. The minimum annual payments made by the State for generation of such energy, to be credited to the generating agency, shall be determined in accordance with Article thirteen (13) hereof. COMPENSATION FOR USE OF MACHINERY 7. The time for the payment by the State to the United States for credit to The City of Los Angeles and its Department of Water and Power of so much of the payments provided for in Article thirteen (13) of the aforesaid contract of May 6, 1936, as represents a proper proportionate allowance for amortization of the cost of machinery and equipment therein referred to is hereby extended to correspond in all respects with the extension granted The City of Los Angeles and its Department of Water and Power by the aforesaid contract of date July 6th, 1938; provided, that the State shall pay interest at the rate chargeable to the Colorado River Dam fund on the unpaid balance of said proper proportionate allowance for amortization of the cost of machinery and equipment. No prepayment by The City of Los Angeles and its Department of Water and Power, pursuant to any right of prepayment which may be reserved by or granted to it in connection with the ex tension provided for in the aforesaid contract of July 6, 1938, shall obligate the State to make any corresponding prepayment of the said proper proportionate allowance for amortization of the cost of machinery and equipment payable by it. The time for the payment by the State to the United States of (a) the payments provided for in Article thirteen (13) of the aforesaid contract of May 6, 1936, for the amortization of the cost of machinery and equipment installed for the exclusive benefit of the State, or (b) so much of the payments provided for in said Article thirteen (13) as represents a proper proportionate allowance for the amortization of the cost of machinery and equipment installed partially for the benefit of the State, and partially for the benefit of others, exclusive of The City of Los Angeles and its Department of Water and Power, is hereby similarly extended. The State shall have the option to pay at any time the unpaid balance, or any part thereof, of the cost of machinery and equipment chargeable to it. MODIFICATION OF PRIOR CONTRACT 8. Except as expressly herein amended, the aforesaid contract of date May 6th, 1936, as amended by the aforesaid supplemental contract of date April 23rd, 1938, shall be and remain in full force and effect; subject, however, to termination as therein stated. EFFECTIVE DATE OF SUPPLEMENTAL CONTRACT NEVADA NO. 2 9. This supplemental contract shall become of full force and effect immediately upon its execution for and on behalf of the United States. OFFICIALS NOT TO BENEFIT 10. 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 herefrom, but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have caused this supplemental contract to be executed the day and year first above written. Attest: THE UNITED States of AmERICA, Chief Engineer, Bureau of Reclamation. STATE OF NEVADA, acting by and through its Colorado River Commission. By E. P. CARVILLE, Chairman. ALFRED MERRITT SMITH, Secretary. Attest: COLORADO RIVER COMMISSION OF NEVADA, By E. P. CARVILLE, Chairman. ALFRED MERRITT SMITH, Secretary. Ratified and approved this 7th day of December, 1939. E. P. CARVILLE, Governor of the State of Nevada. Attest: MALCOLM MCEACHIN, Secretary of State. CERTIFICATE OF THE SECRETARY OF STATE I, MALCOLM MCEACHIN, the duly appointed, qualified and acting Secretary of State of the State of Nevada, do hereby certify that Honorable E. P. Carville is now, and was at the time of the execution of that certain contract to which this certificate is attached, concerning the delivery of electrical energy from Boulder Dam to the State of Nevada, between the Colorado River Commission of the State of Nevada and the United States of America, the duly elected, qualified and acting Governor of the State of Nevada, and, by virtue of said office, was then and is now the Chairman of the Colorado River Commission of Nevada; that Alfred Merritt Smith is now, and was at the time of the execution of said contract, the duly elected, qualified and acting Secretary of the said Colorado River Commission of Nevada; and that the signatures affixed to said contract are the signatures of the said Honorable E. P. Carville, Governor of the State of Nevada and Chairman of the Colorado River Commission of Nevada, and of the said Alfred Merritt Smith, the Secretary of the Colorado River Commission of Nevada. Dated: This 7th day of December, 1939. MALCOLM MCEACHIN, Secretary of State of the State of Nevada. [SEAL] CERTIFIED COPY OF RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL CONTRACT I, ALFRED MERRITT SMITH, the duly elected, qualified, acting and authorized Secretary of the Colorado River Commission of Nevada, do hereby certify that the following is a true and correct copy of a resolution duly adopted on October 27th, 1938, by the Colorado River Commission of Nevada and appearing in the minutes of the meeting of said Commission held on that date: RESOLVED: That the Secretary of the Commission is hereby instructed and authorized to apply to the Secretary of the Interior for the purchase of eight million one hundred fifty thousand (8,150,000) kilowatt-hours of electric energy from Boulder Dam plant in addition to the quantity heretofore contracted for under original Contract, Symbol and Number 12r-6052, and its Supplemental Contract No. 1. Contract 12r-6052 is for annual purchase of four million (4,000,000) kilowatthours, which was increased to thirteen million (13,000,000) kilowatthours by Supplemental Contract No. 1. Supplemental Contract No. 2 is to be supplemental and amendatory to Contracts 12r-6052 and Supplemental Contract No. 1, and will increase the total annual amount of energy purchased by the State to twenty-one million one hundred fifty thousand (21,150,000) kilowatthours. AND BE IT FURTHER RESOLVED: That the Chairman and Secretary of the Commission be and hereby are authorized to execute and sign the above mentioned Supplemental Contract No. 2 between the State and the United States Government, both acting as aforesaid. Dated this 7th day of December, 1939. ALFRED MERRITT SMITH, Secretary of the Colorado River Commission of Nevada. [ITEM 64] BOULDER CANYON PROJECT CONTRACT FOR RESALE OF ELECTRICAL ENERGY TO BE DEVELOPED AT BOULDER DAM POWER PLANT 1. THIS CONTRACT, made this 23rd day of December, nineteen hundred thirty-nine, pursuant to the Act of Congress approved June 17, 1902 (32 Stat., 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the Reclamation Law, and particularly pursuant to the Act of Congress approved December 21, 1928 (45 Stat., 1057), designated the Boulder Canyon project act, between |