Resolution No. 6992
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RESOLUTION NO. 6992
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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 KAL-KAN FOODS, INC. WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 140 ACRE-FEET
OF KAL-KAN'S ALLOWED PUMPING ALLOCATION FOR THE
PERIOD JULY 1, 1997 THROUGH JUNE 30, 1998
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WHEREAS, the City of Vernon and Kal-Kan Foods, Inc.
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(Kal-Kan) have entered into annual agreements since 1990 providing
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for the City to lease 140 acre-feet of Kal-Kan's allowed pumping
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allocation; and
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WHEREAS, the Director of Community Services & Water and
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Kal-Kan have negotiated a new Water Right License with an agreed
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price for the period of July 1, 1997 through June 30, 1998 of Twenty
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Thousand Three Hundred Dollars and No Cents ($20,300.00), and said
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money will be applied as a credit towards Kal-Kan's regular water
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bills; and
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WHEREAS, the City of Vernon sent a "Statement" of account
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dated May 29, 1997, which provides that the sum of Twenty Thousand
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Three Hundred Dollars and No Cents ($20,300.00) (for 1997-98) will
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be applied to the Kal-Kan Water Account No. 12-19740-01-0; and
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WHEREAS, Mr. John Glenn, the Commercial Manager for
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Kal-Kan, signed said statement on July 8, 1997, agreeing thereto.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
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true and correct.
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SECTION 2:
The City Council of the city of Vernon hereby
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approves the Water Right License and said Statement, copies of which
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2 resolution, and the City Council hereby orders said License to be
3 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 for,
6 and on behalf of, the City of Vernon.
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The City Clerk of the City of Vernon shall
SECTION 4:
8 certify to the passage of this resolution, and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 15th day of July, 1997.
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.LEONIS C. ~~or
ATTES~ ~~.
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6992, was duly adopted by the City Council of the City of Vernon
6 at a regular meeting of the city Council duly held on Tuesday,
7 July 15, 1997, and thereafter was duly signed by the Mayor of the
8 City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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llio;:
SUPPORTING
DOCUMENTS
if .""",
WATER R+GHT LICENSE
this
THIS LICENSE is made, entered into and executed as of
day of 1997.
BY AND BETWEEN
KAL KAN FOODS, INC.
(hereinafter "Licensor")
P.O. Box 58828
Vernon, CA 90058
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CITY OF VERNON, a municipal
corporation (hereinafter
"Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
RECITALS:
AND
Licensor hereby grants to Licensee a License to extract
140 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 140 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
140 acre-feet during the period of July 1, 1997 through June 30,
1998.
KAL-KAN FOOOS. INC,
Lice~ _
By: -!..\~
John Glenn \
Title: QQnQral t1aftia9(H' ~~t....K-<U A,-- ~~':L
CITY OF VERNON
Licensee
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ONIS C. MALBUR , Mayor
ATTEST~: ,
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By: ..
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: D~ ~( 1;>...12.-.2---0
DAVID B. BREARLE~-Ci~y Attorney
LBASIlAGRBIlMBNT . kit
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May 29, 1997
STATEMENT
KAL-KAN FOODS, INC. grants to the City of Vernon a license to
extract 140 acre-feet of KAL-KAN's allowed pumping allocation for
the 1997-1998 Fiscal Year @ $145.00 per acre-foot for a total cost
of $20,300.00.
APPLY THE ABOVE PAYMENT TO KAL-KAN WATER ACCOUNT #12-19740-01-0
KAL-KAN FOODS, INC.
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Signature
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Title
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CITY OF VERNON agrees to the above Statement.
~~~recto~ of Community Services & Water
~ Title
7- 't-91
Date
statement.1c1c
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (818) 330-5818
Mayor
ILSON
KEVIN W
THOMAS A. YBARRA 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
Coundlman FAX: (213) 581-1385
CITY HALL LOUIS ROSENKRANTz
BRUCE V. MALKENHORST
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
July 29, 1997
Kal Kan Foods, Inc.
P.O. Box 58828
Vernon, CA 90058
Re: Water Right License
Gentlemen:
Transmitted herewith is a fully executed duplicate original of the
above referenced agreement for your records.'
If you have any questions, please do not hesitate to call Kevin
Wilson, Director. of Community Services.
Very truly yours,
CITY F VERNON
oria J o 0
Chief D ty ity Clerk
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Enclosure
cc: Kevin Wilson
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Information to be entered when assigning new
agreement# to system.
CATEGORY (circle one only) : L & P, GAS GENE , 'LICENSE
AGREEMENTS OR REDEVEL NT AGENCY
# 1. A royal -date : 9 # 1 a. Agreement # ~ ~ ~ 0
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#2. Title of Agreement: i~
Effective Date: if different from a proval date) ~ ~
#3. ( r
#4. Expiration Date: (if applicable) ~~~D ~9~
#5. Expiration Date: NONE
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` CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
Mayor FAX: (818) 330-5818
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
July 9, 1997
City Council
City of Vernon
Honorable Members:
Transmitted herewith is a Water Right License with Kal-Kan Foods, Inc.
which allows Vernon the rights to extract 140 acre-feet of Kal-Kan's
water at a cost of $145 per acre foot or $20,300 total. The license
agreement has been reviewed by the Director of Community Services and
the City Attorney, and it is hereby recommended that the license be
approved and executed.
Very truly yours,
Bruce V. Malkenh st
City Clerk
BVM/hr
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July 9, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson~Director of Community
Services & Water
SUBJECT: LEASING 140 ACRE-FEET OF WATER FROM
KAL-KAN FOODS, INC..
It is recommended that a one year lease be executed with
Kal-Kan Foods, Inc. for the rights to 140 acre-feet of water.
The cost of this water is $145.00 per acre foot or $20,300.00
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