ORDINANCE No. 39 AN ORDINANce Creating the Office of Assistant CHIEF ENGINEER of THE METROPOlitan Water DISTRICT OF SOUTHERN California, PreSCRIBING THE POWERS, DUTIES AND COMPENSATION OF SUCH OFFICER, AND PROVIDING THE MANNER OF HIS APPOINTMENT AND REMOVAL, and Repealing CERTAIN INCONSISTENT ORDINANCES, INCLUDING ORDINANCES Numbered 35 and 37. The Board of Directors of The Metropoitan Water District of Southern California does ordain as follows: SECTION 1. There is hereby created the office of Assistant Chief Engineer of The Metropolitan Water District of Southern California. SECTION 2. The Assistant Chief Engineer shall be appointed and may be removed by the General Manager and Chief Engineer. In case of the death, resignation, removal, absence or sickness of the General Manager and Chief Engineer and of the Assistant General Manager, or the inability of both of them, for any reason, to make such appointment, the Board of Directors shall appoint, and may remove, such Assistant Chief Engineer, but such appointee may also be removed by the General Manager and Chief Engineer. SECTION 3. The Assistant Chief Engineer shall perform such duties and render such services to the District as may be prescribed and assigned to him by the General Manager and Chief Engineer, with like effect as though such duties or services were performed or rendered in person by the General Manager and Chief Engineer. SECTION 4. During the absence or disability of the General Manager and Chief Engineer and of the Assistant General Manager, or the inability of both of them for any reason to act in person, or in case of the death, resignation or removal of both of them, until the appointment and qualification of the suc cessor of either of them, the Assistant Chief Engineer, in his own name, shall perform all of the duties and exercise all of the powers of the General Manager and Chief Engineer. SECTION 5. The Assistant Chief Engineer shall receive such compensation as shall be provided in the salary scale approved by the Board of Directors under and pursuant to Ordinance No. 29. SECTION 6. Ordinances numbered 35 and 37, and all other ordinances, or parts of ordinances, in conflict with this ordinance, shall be, and the same hereby are, repealed. SECTION 7. The Secretary of the Board of Directors shall certify to the passage of this ordinance. I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of an ordinance adopted by the Board of Directors of The Metropolitan Water District of Southern California, at its meeting held July 28, 1933. A. L. GRAM, Executive Secretary of the Metropolitan Water District of Southern California. [SEAL] 1. THIS SUPPLEMENTAL CONTRACT, made this Twenty-third day of April, nineteen hundred thirty-eight, 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 THE UNITED STATES OF AMERICA, hereinafter referred to as the United States, acting for this purpose by the contracting officer executing this supplemental contract, thereunto duly authorized by the Secretary of the Interior, hereinafter styled the Secretary, and STATE OF NEVADA, a body politic and corporate, and its Colorado River Commission (said Commission acting. herein in the name of the State, but as principal in its own behalf as well as in behalf of the State; the term State as used in this supplemental contract being deemed to be both the State of Nevada and its Colorado River Commission), acting in pursuance of an act of the Legislature of the State of Nevada, entitled "An Act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act," approved March 20, 1935 (Chapter 71, Stats. of Nevada, 1935), both said State of Nevada and its Colorado River Commission being hereinafter collectively referred to as the State: WITNESSETH: EXPLANATORY RECITALS 2. WHEREAS, under date of May 6th, 1936, the parties hereto entered into a contract (Symbol and Number I2r-6052) providing for the delivery of four million (4,000,000) kilowatt-hours annually of firm energy to be developed at Boulder Dam power plant and it is now desired to amend said contract so as to provide for the delivery of an additional nine million (9,000,000) kilowatt-hours annually of firm energy to the State; 3. Now, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows, to wit: ALLOCATION OF ELECTRICAL ENERGY 4. Article nine (9) A of the aforesaid contract of date May 6th, 1936, is hereby amended so as to read as follows: A. To the State of Nevada, for use in Nevada, not exceeding eighteen per centum (18%) of said total firm energy, whereof thirteen million (13,000,000) kilowatthours 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 5. Article fifteen (15) of the aforesaid contract of May 6th, 1936, is hereby amended so as 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 thirteen million (13,000,000) 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 |