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Resolution No. 6935 1 RESOLUTION NO. 6935 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 PABCO PAPER PRODUCTS, WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 800 ACRE-FEET OF PABCO' S ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1997 THROUGH JUNE 30, 1998 4 5 6 7 WHEREAS, Pabco Paper Products (Pabco) owns water rights 8 from which it is willing to lease 800 acre-feet of allowed pumping 9 allocation to the City of Vernon for fiscal year 1997-1998; and 10 WHEREAS, the Director of community Services & Water and 11 Pabco have negotiated a Water Right License with an agreed price for 12 the period of July 1, 1997 through June 30, 1998 of One Hundred 13 Twelve Thousand Dollars and No Cents ($112,000.00); and 14 WHEREAS, the City of Vernon sent a "Statement" to Pabco 15 dated March 6, 1997, which provides that the sum of One Hundred 16 Twelve Thousand Dollars and No Cents ($112,000.00) (for 1997-98) 17 will be paid to Pabco; and 18 WHEREAS, Mr. Paul A. Jordan, the Technical Director for 19 Pabco, signed said statement on March 18, 1997, agreeing thereto. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 21 CITY OF VERNON AS FOLLOWS: 22 SECTION 1: The City council of the City of Vernon hereby 23 finds and determines that the recitals contained hereinabove are 24 true and correct. 25 SECTION 2: The City Council of the City of Vernon hereby 26 approves said Water Right License and said Statement, copies of 27 which have been presented to the City Council concurrently with this 28 III 1 resolution, and the city Council hereby orders said items to be 2 received and filed by the City Clerk. 3 SECTION 3: The City Counoil of the City of Vernon hereby 4 authorizes the Mayor and the City Clerk to execute said Water Right 5 License for, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the city of Vernon shall 6 7 certify to the passage of this resolution, and thereupon and 8 thereafter the same shall be in full force and effect. 9 APPROVED AND ADOPTED this 8th day of April, 1997. 10 11 12 AT/? 13 .t: BRUCE V. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~> #~ . /~#----~IS c-;--l'iA uURG, MUyor MALKENHORST, City Clerk -2- 1;' ~ 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. 6935, was duly adopted by the City council of the City of Vernon 6 at an adjourned regular meeting of the City Council duly held on 7 Tuesday, April 8, 1997, and thereafter was duly signed by the Mayor /~~ 8 of the City of Vernon. 4- 9 BRUCE V. MALKENHORST, City Clerk 10 (SEAL) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~. "-, " 4-,,- WATER RIGHT LICENSE this /7-dHI~a~I~~~?t~ar' BY AND BETWEEN entered into and executed as of 1997. pabco Paper Products (hereinafter IILicensor") 4460 Pacific Boulevard Vernon, CA 90058 AND CITY OF VERNON, a municipal corporation (hereinafter IILicensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RJCITALS: Licensor hereby grants to Licensee a License to extract 800 acre-feet of Allowed Pumping Allocation 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, 1997, and continuing to and including June 30, 1998. 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 and B in said Judgment. -1- .\ March 6, 1997 STATEMENT PABCO PAPER PRODUCTS grants to the City of Vernon a license to extract 800 acre-feet of PABCO PAPER PRODUCTS' allowed pumping allocation for the 1997-1998 Fiscal Year @ $140.00 per acre-foot for a total cost of $112,000.00. TeCH-/V1 c rr-c- i) / REG7tJfZ Title CITY OF VERNON agrees to the above ~ud~:!!f Signature" Statement. Director of Community services,1J~17 Title Date statement.PABCO ',. 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, 1997 through June 30, 1998. ~ d)c.- Title: Y<5-/'i'/ CITY OF VERNON Licensee By.~J ~ L m~IS C. MALB G, May r ::~E~ ,/d~ BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: By: ~ 0/ D~/ D ID B. BREARLEY, City A torney (SEAL) LBASIlAGRBBMBNT. PASCO -2-