Resolution No. 6948
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RESOLUTION NO. 6948
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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 NI INDUSTRIES, INC., WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 138 ACRE-FEET
OF NI INDUSTRIES' ALLOWED PUMPING ALLOCATION FOR
THE PERIOD JULY 1, 1997 THROUGH JUNE 30, 1998
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WHEREAS, the City of Vernon and NI Industries, Inc. wish to
enter into an agreement providing for the City to lease 138 acre-
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feet of NI Industries' allowed pumping allocation for the fiscal
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year 1997-1998; and
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WHEREAS, Kevin Wilson, Director of community Services
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and Water and NI Industries, Inc. have negotiated a Water Right
License at an agreed price of Nineteen Thousand Forty-four Dollars
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and No Cents ($19,044.00); and
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WHEREAS, a "Statement" of account dated April 14, 1997,
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providing that the sum of Nineteen Thousand Forty-four Dollars and
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No Cents ($19,044.00) for the period of July 1, 1997 through June
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30, 1998, will be paid to NI Industries, Inc. has been submitted
to the City and approved by the Director of Community Services and
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Water; and
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WHEREAS, Mr. John G. Maniatakis, Vice President of NI
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Industries, Inc. signed said Statement on April 17, 1997.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the city of Vernon hereby
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SECTION 2: The City Council of the City of Vernon hereby
28 approves the Water Right License and said Statement, copies of
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1 which have been presented to the city council concurrently with
2 this resolution, and the City Council hereby orders said License
3 and statement to be received and filed by the City Clerk.
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SECTION 3: The City Council of the city of Vernon hereby
5 authorizes the Mayor and the city Clerk to execute said License
6 for, and on behalf of, the City of Vernon.
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SECTION 4: The City council of the City of Vernon hereby
8 authorizes the Director of community Services and Water to execute
9 said Statement for, and on behalf of, the city of Vernon
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SECTION 5: The city Clerk of the city of Vernon shall
11 certify to the passage of this resolution, and thereupon and
12 thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED this 6th day of May, 1997.
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ATTEST:
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BRQCE V.
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MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, city Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6948, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the city council duly held
7 on Tuesday, May 6, 1997, and thereafter was duly signed by the
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BRUCE V. MALKENHORST, C1ty Clerk
8 Mayor of the City of Vernon.
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(SEAL)
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F)~Ab ~I'YJ'
WATE~ ~IGHT ~IC~ijSE
this
THIS LICENSE is made, entered into and executed as of
,~ day of ~~ 1997.
BY AND BETWEEN
NI INDUSTRIES, INC.
(hereinafter "Licensor")
5215 S. Boyle Avenue
Vernon, CA 90058
AND
CITY OF VERNON, a municipal
corporation (hereinafter
"Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
RECI';l'A~S:
Licensor hereby grants to Licensee a License to extract
138 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.
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Licensor warrants that it has 138 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
138 acre-feet during the period of July 1, 1997 through June 30,
1998.
NI INDUSrRIES. INC.
Licensor
BY:,.~ > r/ ~'d/1 ~J--')
. JOHN G. Mr,rl'~.T,^Y'~
TJ.tle: VICF PR:=,~,i<"'"
. CITY OF VERNON
Licensee
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By' . , .
~L ONIS C. MALB , Mayor
:~E~ /~
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: \7, \7
DAVID B. BREARLEY,
(SEAL)
LBASBAGRBIlMBIIT. HI
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April 14, 1997
STATEMENT
NI INDUSTRIES, INC. grants to the City of Vernon a license to
extract 138 acre-feet of NI INDUSTRIES, INC.s' allowed pumping
allocation for the 1997-1998 Fiscal Year @ $138.00 per acre-foot
for a total cost of $19,044.00.
NI INDUSTRIES, INC.
JOHN G. MANlATAKIS
VICE PRESIDENT
Title
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ees to the above Statement.
Date
Title
statement.NI
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (818) 330-5818
Mayor
THOMAS A. YBARRA WILSON
Director of Community Services & Water
Mayor Pro-Tem ~ FAX: (213) 588-2761
Wm. "BILL" DAMS KENNETH J. DeDARIO
Councilman
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORMA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
May 14, 1997
John G. Maniatakis, Vice President
NI Industries, Inc.
5215 S. Boyle Avenue-
Vernon, California 90058
Re: Water Right License
Dear Mr. Maniatakis:
Enclosed herewith for your records is a fully executed duplicate
original of the above-referenced agreement.
If you should have any questions, please contact Mr. Kevin Wilson.
Very truly yours,
CIT OF VERNON
ori~2a J . , ~co
Chief Depu City Clerk
GJO/hr
Enclosure
cc: Kevin Wilson
Director of Community Services
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
FAX: (818) 330-5818
Mayor
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tem Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAVIS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213).583-8811 FAX: (213) 581-1178
April 30, 1997 ll
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City Council
City of Vernon
Honorable Members:
Transmitted herewith is a Water Right License which will allow the
City of Vernon the right to extract 1 8 acre-feet of water from NI
Industries, Inc.'s allowed pumping allocation for the 1997-1998 Fiscal
r at a cost of $138 per acre-foot or $19,044 total.
This has been reviewed by the Director of Community Services and the
City Attorney, and it is hereby recommended that the Water Right
License be approved and executed.
Very truly yours, ,~'ly--~
Bruce V. Malkenhorst
City Clerk
BVM/hr
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April 29, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson~Director of Community
Services & Water
SUBJECT: LEASING 138 ACRE-FEET OF WATER FROM
NI INDUSTRIES, INC.
It is recommended that a one year lease be executed with NI
Industries, Inc. for the rights to 138 acre-feet of water. The
cost of this water is $138.00 per acre-foot or $19,044.00 total.
Attached is the-Water Right License and Agreement. It is
recommended that the Agreement be approved and the Mayor and City
Clerk be authorized to sign the agreement.
/Ps
Attachments
cc: City Attorney