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About The Hermiston herald. (Hermiston, Or.) 19??-1984 | View Entire Issue (Feb. 18, 1921)
SUPPLEMENT TO THE HERMISTON HERALD of seepage, or alkaline, or other con ditions. he shall so advise the Dis trict. Such determination shall re lease the District from any obliga tion to pay the construction charge fixed by public notice for such land The water right appurtenant to such land shall be retained by the U. S„ and the Secretary may sell such right to the District or to non-District land, or otherwise dispose of it; the District, however, to have first right to purchase such water at the best price offered. 15— Default bv Individual Land Owners The District as a whole is obligat ed to pay to the U. S. the full amount herein agreed upon according to the terms stated, regardless of any in dividual default in the payment of any assessment levied by the Dis- | trict, and the District shall levy and collect extra assessments whenever necessary to make up for any such default, so in that event the amounts owing the U. 8. shall be paid by the District when due as provided herein 16—Penalty Payment for Delinquency in To every installment of money re quired to be paid under this contract which shall remain unpaid after the same shall have become due, there shall be added at once a penalty of one per centum thereof, and there after a like penalty on one per cen tum on the first day of each month so long as such default shall contin ue, and the District hereby agrees to pay said penalty. (Sec. 3. Act Aug ust 13, 1914, 38 Stat. 686). the right to make reasonable rules and regulations and to modify the same in his discretion, in general harmony, however, with this con 17—Refusal of Water in Case of tract, to the end that the true intent of the law and of this contract shall Default. 1 he U. 8. reserves the right to re be carried into full effect.' fuse to deliver water to the District 20—Change in Organization of in the event of default by the Dis District , „ , While this contract is in effect, trict for a period of more than one year to any payment due the U. S. no change shall be made in the or under this contract. The U. S. or ganization of the District, either by the District, as the case may be, shall the inclusion or exclusion of lands, i efuse water service to all lands by consolidation or merger with an within the District which may be de other district, "by proceedings to dis linquent for more than one year in solve, or otherwise, except upon the the payment of any assessment levied written assent thereto of the Secre hereunder. The provisions of this tary. article are not exclusive, and shall 21— Assurances Relating to Ex not in any manner hinder the U. S. ecution of Contract bv District from exercising any other remedy to The execution of this contract enforce collection of any amount due shall be authorized by the qualified hereunder. electors of the District at an election 18— Access to Books and Records held for that purpose. Thereafter, The proper officials of the District without pay, the District shall pros shall have full and free access to the ecute a proceeding in court for a ju project books and official records of dicial confirmation of the organiza the U. S. R. S., so far as they relate tion of the District and of the mak to matters covered by this contract, ing of this contract. The IT. S. shall at any time during office hours, with not be obliged to make any expendi the right to make copies of and from ture hereun ier until a confirmatory the same, and the representatives of judgment in such proceeding shall the U. S. shall have same right in re have been rendered, and if ground spect to the books and records of the for appeal from such judgment shall District. have been laid, until desicion favor 19— Secretary May Make and Mod able tó the contract shall have been finally made. The District shall fur ify Regulations There is reserved to the Secretary nish the U. S. for its files certified Copy of Contract between the United States Government and the Umatilla Project Water Users Compliments of the Hermiston Herald February 18, 1921 copies of all proceedings relating to the organization of the District and to the election upon the contract. 22—No member of or delegate to Congress or resident Commissioner, after his election or appointment, or either before or after he has quali-, fied and during his continuance in office, and no officer, agent of em ployee of the government shall be admitted to any share or part of this contract or agreement or to any ben efit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incor porated company, where such con tracts of agreement is made for the general benefit of such incorporation or company, as provided in Section 11C of the Act of Congress approv ed March 4, 1909, (35 Stat., L. 1109) IN WITNESS WHEREOF the par ties have hereunto signed their names the day and year first above written. The United States of America By ........................................................ Hermiston Irrigation District By .............................................. President Attest: Umatilla River Water Users’ Assoc. By ........................................................ President Attest:
