Resolution No. 6959
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RESOLUTION NO. 6959
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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 PACIFIC COAST BUILDING PRODUCTS, INC.
WHICH GRANTS THE CITY OF VERNON A LICENSE TO
EXTRACT 800 ACRE-FEET OF PACIFIC'S ALLOWED
PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1997
THROUGH JUNE 30, 1998, AND RESCINDING RESOLUTION
NO. 6935
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WHEREAS, the City Council of the City of Vernon on April 8,
1997, adopted Resolution No. 6935 approving a water rights license
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and a "Statement" of account with Pabco Paper Products, but the
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Watermaster has refused to acknowledge said license because of a
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discrepancy in the name of the licensor; and
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WHEREAS, no payment has been made to pabco Paper Products
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pursuant to said license or statement; and
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WHEREAS, Pacific Coast Building Products, Inc. (Pacific) is
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the legal owner of such water rights, from which it is willing to
lease 800 acre-feet of allowed pumping allocation to the City of
Vernon for fiscal year 1997-1998; and
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WHEREAS, the Director of community Services & Water has
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negotiated a revised Water Right License providing for the City to
lease 800 acre-feet of Pacific's allowed pumping allocation for the
period of July 1, 1997 through June 30, 1998.
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WHEREAS, a "Statement" of account dated May 15, 1997,
23 providing that the sum of One Hundred Twelve Thousand Dollars and No
24 Cents ($112,OOO.00) (for 1997-98) will be paid to Pacific has been
25 submitted to the City and approved by the Director of Community
26 Services and Water; and
27 WHEREAS, Mr. Paul A. Jordan, the Technical Director for
28 Pacific, signed said statement on May 15, 1997, agreeing thereto.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are
5 true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
7 rescinds Resolution No. 6935 and the accompanying Water Rights
8 License and Statement of Account with Pabco Paper Products.
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SECTION 3: The City Council of the city of Vernon hereby
10 approves the Water Right License and Statement with Pacific Coast
11 Building Products, Inc., copies of which have been presented to the
12 City Council concurrently with this resolution, and the City Council
13 hereby orders said items to be received and filed by the City Clerk.
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SECTION 4: The City Council of the City of Vernon hereby
15 authorizes the Mayor and the city Clerk to execute said Water Right
16 License for, and on behalf of, the city of Vernon.
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SECTION 5: The City Council of the City of Vernon hereby
18 authorizes the Director of community Services and Water to execute
19 said Statement for, and on behalf of, the City of Vernon.
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SECTION 6 :
The City Clerk of the City of Vernon shall
21 certify to the passage of this resolution, and thereupon and
22 thereafter the same shall be in full force and effect.
23 APPROVED AND ADOPTED this 20th day of May, 1997.
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/" . EONIS C. MALB G, Ma r
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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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. 6959, 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, May 20, 1997, and thereafter was duly signed by the Mayor
8 of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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SUPPORTING
DOCUMENTS
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~~ 6,90/"
'"
WATER RIGHT LICENSE
this
THIS LICENSE
//J day of
is made, entered into and executed as of
~ .1997.
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Pacific Coast Building
Products, Inc.
(hereinafter "Licensor")
4460 Pacific Boulevard
Vernon, CA 90058
BY AND BETWEEN
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 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.l, 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 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.
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Title:
CITY OF VERNON
Licensee
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By'
/L ONIS C. MALB G, Mayor .
ATTEST./:?
By: /L
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: \)~ \2:,/ \S ~/
DAVID B. BREARLEY, City At orney
LBASBAGRBIlMIlIlT. PCBPI
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