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Resolution No. 7021 '" . . 1 RESOLUTION NO. 7021 2 3 6 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 CALIFORNIA WATER SERVICE COMPANY WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 900 ACRE-FEET OF CALIFORNIA WATER SERVICE COMPANY'S ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1997 THROUGH JUNE 30, 1998 4 5 7 8 WHEREAS, CALIFORNIA WATER SERVICE COMPANY ("CWSC") owns 9 water rights from which it is willing to lease 900 acre-feet of 10 CWSC's allowed pumping allocation to the City of Vernon for fiscal 11 year 1997-1998; and 12 WHEREAS, the Director of Community Services & Water and 13 CWSC have negotiated a new Water Right License with an agreed price 14 for the period of July 1, 1997 through June 30, 1998 of One Hundred 15 Thirty Thousand Five Hundred Dollars and No Cents ($130,500.00), and 16 said money will be sent to California Water Service Company; and 17 WHEREAS, Mr. Robert Guzzetta, Vice President for CWSC, 18 signed said statement on September 23, 1997, agreeing thereto. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 20 CITY OF VERNON AS FOLLOWS: 21 SECTION 1: The City Council of the City of Vernon hereby 22 finds and determines that the recitals contained hereinabove are 23 true and correct. 24 SECTION 2: The City Council of the City of Vernon hereby 25 approves the Water Right License and said Statement, copies of which 26 have been presented to the Ci ty Council concurrently with this 27 resolution, and the City Council hereby orders said License to be 28 received and filed by the City Clerk. .. 1 SECTION 3: The City Council of the City of Vernon hereby 2 authorizes the Mayor and the City Clerk to execute said License for, 3 and on behalf of, the City of Vernon. 4 SECTION 4: The City Clerk of the City of Vernon shall 5 certify to the passage of this resolution, and thereupon and 6 thereafter the same shall be in full force and effect. 7 APPROVED AND ADOPTED this 21st day of October, 1997. 8 9 10 ATTEST: ~ BRUCE V. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,/~ MALKENHORST, City Clerk -2- 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. 7021, was duly adopted by the City Council of the City of Vernon 6 at a regular meeting of the City Council duly hel~ on Tuesday, 7 October 21, 1997, and thereafter was duly signed by the Mayor of the city of Vernon. ~ /~~ 8 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- .. WATER RIGHT LICENSE this 11 ~IS LICENSE is~m~e. entered into and executed as of Q:!:::L - day of ~I-(" ./ 1997. " California Water Service Company (hereinafter "Licensor") P.O. Box 1150 San Jose, CA 95108-1150 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 900 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 ~~censor during the period above specified and put the same to beneficial use, -and Licensee shall not by the exercise he~~under 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- ~; ..~ .... - . ... Licensor warrants that it has 900 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 900 acre-feet during the period of July 1, 1997 through June 30, 1998. California Water Service Company Licensor B~~ Robert G~~~ :~(~~~z:~ Pa 1 Bkstro', , Title: Secretary CITY OF VERNON Licensee ~ By. . ,;/ BONIS C. MALB G, May r, . ATTEST: ' BY:~:" /) ,BRUCE V~ MALKENHORST, City Clerk (SEAL) APPROVED AS TO FO~ ' By: ~ ~~ .'\ Fl:)fL. DAVID B. BREARLEY, City Attorney LBASBAGRBIlMBNT. ealwater -2- .... . " " September 18, 1997 STATEMENT California Water Service Company grants to the City of Vernon a license to extract 900 acre-feet of California Water Service Company's allowed pumping allocation for the 1997-1998 Fiscal Year @ $145.00 per acre-foot for a total cost of $130,500.00. ~~ Signature Vice President Title 14, 1 -Sf?'} ate CITY agrees to the above Statement. Title Date statement.calwater .' (eL1? d{.:r~ BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B. BREARLEY City Attorney FAX:(818)~5818 KEVIN WILSON Director of Community Services &: Water FAX: (213) 588-2761 KENNETHJ. DeDARIO Director of Ught &: Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 430S SANTA FE AVENUE. VERNON, CAUFORNIA 90058 TELEPHONE (213) 583-8811 November 6, 1997 California Water Service Company P.O. Box 1150 San Jose, CA 95108-1150 Re: Water Right License July 1, 1997 through June 30, 1998 Gentlemen: Transmitted herewith is a fully executed copy of the one-year lease for the Water Right License for your files, which was approved by the Vernon City Council on October 21, 1997. If you have any questions regarding this matter, please don't hesitate to call Mr. Kevin Wilson, Director of Community Services & Water Department. . V?L;Y Y~ ~ia J. jrosco Chief Deputy City Clerk GJO/mm enclosure *