Resolution No. 5963
T.
1
RESOLUTION NO. 5963
2
5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A WATER RIGHT LICENSE AND
AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND DOMTAR GYPSUM WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 500
ACRE-FEET OF DOMTAR GYPSUM'S ALLOWED
PUMPING ALLOCATION FOR THE PERIOD JULY 1,
1991 THROUGH JUNE 30, 1992
3
4
6
7
8 WHEREAS, the leasing of ground water will help the City
9 of Vernon to offset some of the cost of Metropolitan Water
10 District water which the City purchases; and
11 WHEREAS, on May 21, 1991, the City Council authorized
12 the commencement of negotiations for a ground water lease with
13 DOMTAR GYPSUM ("licensor") for the city to lease 500 acre-feet
14 of licensor's Allowed Pumping Allocation for the period of July
15 1, 1991 through June 30, 1992; and
16
WHEREAS, victor H. Vai ts, Director of Community
17 Services, negotiated the terms of a Water Right License and
18 Agreement with DOMTAR GYPSUM providing for the lease of 500
19 acre-feet of water at an agreed cost of Fifty-eight Thousand One
20 Hundred TWenty-five Dollars ($58,125.00) for the year.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
22 THE CITY OF VERNON AS FOLLOWS:
23
SECTION 1: The City Council of the city of Vernon
24 hereby finds and determines that the recitals contained
25 hereinabove are true and correct.
26
SECTION 2: The City Council of the City of Vernon
27 hereby approves the Water Right License and Agreement, a copy of
28 which has been presented to the City Council concurrently with
. '
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~- ,
1
this resolution and the City Council hereby orders said License
2
and Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
License and Agreement for, and on behalf of, the City of Vernon.
3
4
5
6
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.
7
8
9
APPROVED AND ADOPTED this 6th day of August, 1991.
ATTEST:
&
BRUCE V.
~~~~o;
MALKENHORST, C1ty Clerk
-2-
. ,
10
.. t
1
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
2
3
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5963, was duly adopted by the City Council of the
6 ci ty of Vernon at a regular meeting of the ci ty Council duly
7 held on Tuesday, August 6, 1991, and thereafter was duly signed
8 by the Mayor of the City of Vernon.
9
11 Clerk
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
,
,~
WATER RIGHT LICENSE AND AGREEMENT
DOMTAR GYPSUM hereby grants to City of Vernon a license to ex-
tract 500 acre-feet of licensor's Allowed Pumping Allocation al-
located to licensor (or predecessors in interest) under and pur-
suant to Judgment dated October 11, 1965, and entered in Los An-
geles Superior Court Case No. 786,656 entitled "Central and West
Basin Water Replenishment District vs. Charles E. Adams, et al."
during the period commencing July 1, 1991, and continuing to and
in01uding June 30, 1992.
Said License is granted, subject to the following
conditions:
(1) Licensee shall exercise said right and extract the
same on behalf of DOMTAR GYPSUM 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.
(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) Li.censee's Allowed Pumping Allocation shall not be
increased by the amount hereby leased when computing carry-over
of allowable over-extraction as provided by Part III, Subpart A
and B in said Judgment.
1
, .
DOMTAR GYPSUM warrants that it has 500 acre-feet of
Allowed Pumping Allocation and that it has not pumped and will
not pump or permit or license any other person to pump any part
of said 500 acre-feet during period of July 1, 1991, through June
30, 1992.
DATED: H /t/ /t'l/
DOMT~ GYPSUMtJL.
VERNON // . /J
BY:~
TITLE: p~ /J11W~~t:~
CITY OF VERNON
BY:~
~. . .~ -."(/ /.
ATTEST: - ~h
City Clerk
Apprpved ~~ ~
to form:. \S ,'> /
City Attorney
2
.
..
, ...
July 10, 1991
STATEMENT
Domtar Gypsum grants to the city of Vernon a license to ex-
tract 500 acre-feet of Domtar Gypsum's allowed pumping allocation
for the 1991 - 1992 Fiscal Year @ $116.25 per acre-foot for a to-
tal cost of $58,125.00.
DOMTAR GYPSUM
f/~ )21/IN4C&L-
Title
7-/6 ~'1/
Date
CITY OF VERNON
~j;/ #t};-u
Signature
,7g~ es to the above statement.
Director of Community Services
Title
7-1'0-9/
Date