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Resolution No. 6143 ,/ . , ,/.. 1 2 3 4 5 6 7 8 August RESOLUTION NO. 6143 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, 1992 THROUGH JUNE 30, 1993 WHEREAS, the City Council, by Resolution No. 5963 adopted on 6, 1991, approved and authorized the execution of a Water 9 Right License and Agreement with DOMTAR GYPSUM (DOMTAR) providing for 10 11 12 13 the lease of 500 acre-feet of water for the period July 1, 1991 through June 30, 1992; and WHEREAS, the Director of Community Services has recommended that the city Council approve a new Water Right License and Agreement 14 with DOMTAR providing for the lease of 500 acre-feet of DOMTAR's 15 Allowed Pumping Allocation for the period of July 1, 1992 through 16 17 18 June 30, 1993, at a cost of Seventy-Four Thousand Four Hundred Dollars and No Cents ($74,400.00); and WHEREAS, the leasing of ground water will help the city of 19 Vernon to offset some of the cost of Metropolitan Water District 20 water which the City purchases. 21 22 23 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 24 finds and determines that the recitals contained hereinabove are true 25 and correct. 26 SECTION 2: The City council of the city of Vernon hereby 27 28 approves the Water Right License and Agreement, a copy of which has been presented to the city Council concurrently with this resolution, r , , 1 and the City Council hereby orders said License and Agreement to be 2 received and filed by the City Clerk. 3 SECTION 3: The city Council of the City of Vernon hereby 4 authorizes the Mayor and the City Clerk to execute said License and 5 Agreement for, and on behalf of, the City of Vernon. 6 SECTION 4: The City Clerk of the City of Vernon shall 7 certify to the passage of this resolution, and thereupon and 8 thereafter the same shall be in full force and effect. 9 10 11 ~: AT~ BRUCE V. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 4th day of August, 1992. ~/ MALKENHORST, City Clerk -2- ,.- 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, city Clerk of the city of Vernon, 4 do hereby certify that the foregoing Resolution, being Resolution 5 No. 6143, was duly adopted by the City Council of the City of Vernon 6 at a regular meeting of the city Council duly held on Tuesday, August and thereafter was duly signed by the Mayor of the City of City Clerk -3- WATER RIGHT LICENSE AND AGREEMENT DOMTAR GYPSUM hereby grants to city of Vernon a license to extract 500 acre-feet of licensor's 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 Di9trict vs. Charles E. Adams, et al." during the period commencing July 1, 1992, and continuing to and including Jun~.30, 1993. said License is granted, subject to the following conditions: (1) Licensee shall.. exercise said right and e~tractthe 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 thepulllping. .of said ground. waters by.theWaterReplenishment District. (3) Licensee shall notify the District and the Watermaster that saidpumping 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) Licensee's Allowed Pumping Allocation shall not be increased by the amount hereby leased when computing carry-()ver of allowable over-extraction as provided by Part III, Subpart A and B in said Judgment. 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-feetduring.period of July 1, 1992 through June 3D, 1993. ::~~ I 99l- CITY OF VEAAON TITLE: BY:._~... .C;.-f;.=.~.. ........../~.~..... _. .................... , MaYOry~ . / ATTES~~' ~ r~;pg -~ City Clerk Approved t~.. · ~ .. ... f to form:. _') CL -(Sf \C. .)~A, .}/ .. C1 ty Attorney