Resolution No. 6335
1
RESOLUTION NO. 6335
2
3
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 DARLING DELAWARE
COMPANY, INC. WHICH GRANTS THE CITY OF VERNON A
LICENSE TO EXTRACT 65 ACRE-FEET OF ALLOWED
PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1993
THROUGH JUNE 30, 1994
4
5
6
7
8
WHEREAS, the City of Vernon and Darling Delaware Company,
9
Inc. (LICENSOR) have entered into annual agreements since 1990
providing for the City to lease 65 acre-feet of LICENSOR's allowed
pumping allocation; and
lO
II
12
WHEREAS, the Interim Director of Community Services and
l3
LICENSOR have negotiated a new Water Right License and Agreement
l4
with an agreed price for the period of July 1, 1993 through June 30,
1994 of Seven Thousand Eight Hundred Dollars ($7,800.00); and
15
l6
WHEREAS, the leasing of ground water will help the City of
l7
Vernon to offset some of the cost of Metropolitan Water District
l8
water which the City purchases.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
20
CITY OF VERNON AS FOLLOWS:
2l
SECTION 1: The City Council of the City of Vernon hereby
22
finds and determines that the recitals contained hereinabove are
23
true and correct.
24
SECTION 2: The City Council of the City of Vernon hereby
25
26
approves the Water Right License and Agreement, a copy of which has
the
City
Council
concurrently with this
been presented
to
27
resolution, and the City Council hereby orders said License and
28
Agreement to be received and filed by the City Clerk.
1
SECTION 3: The City Council of the City of Vernon hereby
2
authorizes the Mayor and the City Clerk to execute said License and
3
Agreement for, and on behalf of, the City of Vernon.
4
SECTION 4:
The City Clerk of the City of Vernon shall
5
6
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
7
APPROVED AND ADOPTED this 20th day of October, 1993.
8
9
ATTA /~$~~:L~r
BRUCE V. MALKENHORST, City Clerk
Pro Tem
lO
11
12
13
l4
15
16
17
18
19
20
2l
22
23
24
25
26
27
28
-2-
"'
1
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
2
3
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4
5
do hereby certify that the foregoing Resolution, being Resolution
No. 6335, was duly adopted by the City Council of the City of Vernon
6
7
at an adjourned regular meeting of the City Council duly held on
Wednesday, October 20, 1993, and thereafter was duly signed by the
8
Mayor Pro Tem of the City of Vernon,
9
d
i.._,~-,.,
lO
11
12
BRUCE V.
( SEAL)
13
l4
15
l6
17
18
19
20
21
22
23
24
25
26
27
28
-3-
~.
MALKENHORST, City Clerk
.~.I'.
WATER RIGHT LICENSE AND AGREEMENT
DARLING DELAWARE COMPANY, INC. hereby grants to City of Vernon
a license to extract 65 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 District vs. Charles E. Adams,
et al." during the period commencing July 1, 1993, and continuing
to and including June 30, 1994.
said License is granted, subject to the following conditions:
(I) Licensee shall exercise said right and extract the same
on behalf of DARLING DELAWARE COMPANY, 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 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) Licensee'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,
DARLING DELAWARE COMPANY, INC. warrants that it has 65 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 65 acre-feet during period of July 1, 1993 through
June 30, 994.
DATED:
CITY OF VERNON
BY: -z;tk~c(J~%}.~. '.'
//' yor pm .
ATTEST: /' 5'_ p' ~~. ~
City Clerk
APprove~s ~
to form: d ~J\S /
City Attorney
agreement.del
, \'. "
. J,
.... ., ..
l :,
July 13, 1993
STATEMENT
DARLING DELAWARE COMPANY, INC. grants to the City of Vernon a
license to extract 65 acre-feet of DARLING DELAWARE'S allowed
pumping allocation for the 1993-1994 Fiscal Year @ $120.00 per
acre-foot for a total cost of $7,800.00.
CITY OF VERNON agrees
12~/#~1
Signature
to the above Statement.
Director of Communit
Title
services
Itfl- 7-'7 3
Date
statement.dd