Resolution No. 5773
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RESOLUTION NO. 5773
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND RATIFYING
THE EXECUTION OF A WATER RIGHT LICENSE
AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND DARLING-DELAWARE CO., INC.,
WHICH PROVIDES THE CITY WITH A LICENSE TO
EXTRACT 59 ACRE-FEET OF ALLOWED PUMPING
ALLOCATION FOR THE PERIOD JULY 1, 1990
THROUGH JUNE 30, 1991
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WHEREAS, the leasing of ground water will help the city
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of Vernon to offset some of the City's cost for Metropolitan
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Water District water that the City purchases1 and
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WHEREAS, on May 24, 1990, the Finance Committee
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authorized the commencement of negotiations for a ground water
lease with Darling-Delaware Co., Inc. ("licensor") for the City
to lease 59 acre-feet of licensor's Allowed pumping Allocation
for the period of July 1, 1990 through June 30, 19911 and
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WHEREAS, Victor H. Vai ts, Director of Community
Services~executed a Water Right License and Agreement on May 31,
1990 with Darling-Delaware Co., Inc., at an agreed cost of Five
Thousand six Hundred Five Dollars ($5,605.00) for the year.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
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hereby approves the Water Right License and Agreement, a copy of
which has been presented to the City Council concurrently with
this resolution and the City Council hereby orders said
Agreement to be received and filed by the City Clerk.
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hereby ratifies the execution of said Agreement by victor H.
SECTION 3: The City Council of the city of Vernon
Vaits, Director of Community services, for, and on behalf of,
the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 19th day of June, 1990.
~~ ~U~~yor Pro Tem
Ifr/V
MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5773, was duly adopted by the City Council of the
ci ty of Vernon at a regular meeting of the City Council duly
held on Tuesday, June 19. 1990. and thereafter duly signed by
the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
(SEAL)
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WATER RIGHT
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DARLING-DELAWARE
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DARLING-DELAWARE R'EC'E\'JEO
COMPANY, INC. J\)~ 2 "'" \99\\
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LICENSE AND AGR~NT
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CO.,INC. hereby grants to CITY OF VERNON:
a license to extract
59
acre-feet of licensor's
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Allowed Pumping Allocation allocated to licensor (or predecessors
in interest) under and pursuant to Judgment dated October 11, 1965
and entered in Los Angeles Superior Court Case No. 786,656
entitled "Central and West Basin Water Replenishment District
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vs. Charles E. Adams, et al." during the. period commencing
JULY 1, 1990 and continuing to and including JUNE 30, 1991 .
Said License is granted, subject to the following
conditions:
(1) Licensee shall exercise said right and extract the same
on behalf of DARLING-DELAWARE CO.,INC. during the period above
specified and put the same to beneficial use and licensee shall
not by the exercise hereunder of said right acquire any right
to extract water independent of the rights of licensor.
(2) Licensee shall pay assessments levied on the pumping of
said ground waters by the Central and West Basin Water
Replenishment District.
(3) Licensee shall notify the District and the Watermaster
that said pumping was done pursuant to this license and
provide the Watermaster with a copy of the document.
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WEST COAST DIVISION
.... P,O, Box 5~725 . Los Angeles, CA 90058 . (213) 269-7531 · FAX (213) 588-3763
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DARLING-DELAWARE
COMPANY, INC.
(4) Licensee shall note, in any recording of water
production for the period of agreement, that said pumping
was done pursuant to this license.
(5) Licensee's Allowed Pumping Allocation shall not
(shall not)
(shall)
be increase by the amount hereby leased when computing carryover
or allowable overextraction as provided by Part III, Subpart A
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and B in said Judgment.
DARLING-DELAWARE CO.,INC. warrants that he has 59 acre-feet
of Allowed Pumping Allocation and that he has not pumped and will
not pump or permit or license any other person to pump any part of
said 59 acre-feet during period of JULY 1, 1990 through JUNE 30,1921.
DATED:
MAY 18, 1990
DARLING-DELAWARE CO.,INC.
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CITY OF VERNON
By /(.h&~/ff/a. '6
BY~~"'" ~ j
Title GENERAL MANAGER
Title Director of Community
Services
WEST COAST DIVISION
P.O, Box 58725 . Los Angeles, CA 90058. (213) 269-7531 . FAX (213) 588-3763