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Resolution No. 6871 1 RESOLUTION NO. 6871 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF VERNON AND DOMINGUEZ WATER CORPORATION WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 800 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION OF DOMINGUEZ WATER CORPORATION FOR THE PERIOD JULY 1, 1996 THROUGH JUNE 30, 1997 4 5 6 7 8 WHEREAS, the City of Vernon and Dominguez Water Corporation 9 ("Dominguez") wish to enter into an agreement providing for the City 10 to lease 800 acre-feet of the allowed pumping allocation of 11 Dominguez; and 12 WHEREAS, the Director of Community Services & Water and 13 Dominguez have negotiated a Water Right License for the period of July 1, 1996 through June 30, 1997, with an agreed price of One 14 15 Hundred Twenty Thousand Dollars and No Cents ($120,000.00); and 16 WHEREAS, a "Statement" of account dated October 9, 1996, 17 providing that the sum of One Hundred Twenty Thousand Dollars and No 18 Cents ($120,000.00) (for 1996-1997) will be paid to Dominguez has 19 been submitted to the City and approved by the Director of Community 20 Services & Water; and 21 Terry H. witthoft, Manager-Corporate WHEREAS, Mr. 22 Operations for Dominguez, signed said Statement on October 15, 1996, 23 agreeing thereto. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 25 26 SECTION 1: The City Council of the city of Vernon hereby 27 finds and determines that the recitals contained hereinabove are 28 true and correct. .' 1 2 , .- I . SECTION 2: The City Council of the City of Vernon hereby 3 approves the Water Right License and the Statement, copies of which 4 have been presented to the City Council concurrently with this 5 resolution, and the City Council hereby orders said documents to be 6 received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby 7 8 authorizes the Mayor and the City Clerk to execute said License for, 9 and on behalf of, the City of Vernon. SECTION 4: The City council of the City of Vernon hereby 10 authorizes the Director of Community Services and Water to execute 11 said Statement for, and on behalf of, the City of Vernon. 12 13 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and 14 thereafter the same shall be in full force and effect. 15 16 17 18 19 ATTE;;: /7 BRUCE V. 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 5th day of November, 1996. /.u'Y/~ MALKENHORST, City Clerk /' / L..7'./ ^ ,- L-/, ,/,,"~ MALBUR -2- 1 2 STATE OF CALIFORNIA ) )ss 3 COUNTY OF LOS ANGELES ) - .- -. 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 5 do hereby certify that the foregoing Resolution, being Resolution 6 No. 6871, was duly adopted by the City Council of the City of Vernon 7 at a regular meeting of the City Council duly held on Tuesday, 8 November 5, 1996, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~/~ BRUCE V. MALKENHORST, City Clerk -3- . . WATER RIGHT LICENSE RECEIVED OCT t 6 1996 Communltv ~ I executed as .t>f'erv ces THIS LICENSE is m~de, entered into and this /1 , day of/J~..L~, 1996 BY AND BETWEEN Dominguez Water Corporation (hereinafter "Licensor") P.O. Box 9351 Lon9 Beach. CA 90810-0351 AND CITY OF VERNON, a municipal corporation (hereinafter "Licensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS: Licensor hereby grants to Licensee a License to extract 800 acre-feet of Allowed Pumping Alloca~ion allocated to Licensor (or predecessors in interest) under and pursuant to the 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, 1996 and continuing to and including June 30, 1997. This License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of Licensor 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 this License. (4) Licensee shall note, in any recording of water production for the period of this License, that said pumping was done pursuant to this License. (5) Licensee's Allowed Pumping Allocation shall be increased by the amount hereby leased when computing carry-over of allowable over-extraction as provided by Part III, Subpart A andB in said Judgment. Licensor warrants that it has 800 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 800 acre-feet during the period of July 1, 1996 through June 30, 1997. DOMINGUEZ WATER CORPORATION Licensor By: Title: Corporate Operations CITY OF VERNON, Licensee BY:~' ~L ONIS C. URG, M yor ATTEST:/ /. .. // / By: /<--- t/ #z44~~ BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: By: DAt?o~~~E~~rneY (Seal) -2- October 9, 1996 STATEMENT Dominguez Water Corporation grants to the City of Vernon a license to extract 800 acre-feet of Dominguez' allowed pumping allocation for the 1996-1997 Fiscal Year @ $150.00 per acre-foot for total. .fO;t J.f $ 0,000.00. ~~ October 15 1996 Date CITY OF above Statement. ~~..e <<&IlIIl7~ Title .,... statement.dwc