Resolution No. 72041
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RESOLUTION NO. 7204
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, 1998 THROUGH JUNE 30, 1999
WHEREAS, the City of Vernon and NI Industries, Inc. wish to
enter into an agreement providing for the City to lease 138 acre-
feet of NI Industries' allowed pumping allocation for the fiscal
year 1998-1999; and
WHEREAS, Kevin Wilson, Director of Community Services
and Water and NI Industries, Inc. have negotiated a Water Right
License at an agreed price of Twenty-two Thousand Eighty Dollars
and No Cents ($22,080.00); and
WHEREAS, a "Statement" of account dated August 1, 1998,
providing that the sum of Twenty-two Thousand Eighty Dollars and
No Cents ($22,080.00) for the period of July 1, 1998 through June
30, 1999, will be paid to NI Industries, Inc. has been submitted
to the City and approved by the Director of Community Services and
Water; and
WHEREAS, Mr. John G. Maniatakis, Vice President of NI
Industries, Inc. signed said Statement on August 1, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Water Right License and said Statement, copies of
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which have been presented to the City Council concurrently with
this resolution, and the City Council hereby orders said License
and Statement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said License
for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of August, 1998.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-2-
EONIS C. MALB G, Mayo
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7204, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, August 18, 1998, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
( SEAL)
-3-
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORhGCK
Councilman
BRUCE V. MALKENHORST CITY HALL
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX: (213) 581-7924 TELEPHONE (213) 583-8811
August 27,1998
Mr. John G. Maniatakis, Vice President
NI Industries, Inc.
5215 S. Boyle Avenue
Vernon, CA 90058
Re: Water Right License and Agreement
Dear Mr. Maniatakis:
DAVID B. BREARLEY
City Attorney
FAX (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
Enclosed herewith is a duplicate original of the fully executed
Water Right License, which was approved by the City Council of
the City of Vernon on August 18, 1998, by Resolution No. 7204.
Also enclosed is our Check No. 68269 in the amount of $22,080.00
for pumping allocation for the fiscal year July 1, 1998 through
June 30, 1999.
If you have any questions, please do not hesitate to call Mr.
Kevin Wilson, our Director of Community Services & Water, at Ext.
245.
Very truly yours,
CITY OF VERNON
Gloria J. Orosco
Chief Deputy City Clerk
GJO:rcw
c: K. Wilson
Enclosures
- . %
THIS LICENSE i made, entered into and executed as of
this lSY4 day of ` 1998.
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
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, 1998, and continuing to and including
June 30, 1999.
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-
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, 1998 through June 30,
1999.
NI INDUSTRIES. INC.
Licensor
By: _
ohn Maniatakis,
Title: Vice President
CITY OF VERNON
Licensee
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
1ZMKWRRR4 Ma.NI
By-
L ONIS C. MALB G, Mayor
APPROVED AS TO FORM:
By: �l`5 1
DAVID B. BREARLEY, City At orney
W-M
V
July 14, 1998
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 1998-1999 Fiscal Year @ $160.00 per acre-foot
for a total cost of $22,080.00.
NI INDUSTRIES, INC.
John Maniatakis
igna
Title
CITY OF,,,VERNON agrees to the above Statement.
statement.NI
Date
L-9
August 4, 1998
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson,10�irector 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, for the rights to 138 acre-feet of water. The cost of
this water is $160.00 per acre foot or $22,080.00 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
CITY ACCOUNT NUMBEA YOUR INVOICE NO. YOUR INVOICE DATE PAYMENT DESCRIPTION DISCOUNT TAKEN NE I AMOUN I rau
020-501-1084-5110 Water Right License July '98 - $22,080.00
June '99
cc - na/M /QP
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
VID B. BREARLEY
ity Attorney
FAX
• E 6) 330-5818
EVIN WILSON
Direct of Community SetNices & Water
FAX: (323) 8-2 1
NETH eDARIO
of cip ities
FW: 23) 83
/DA T FORD
Fire Chief
FA : (323) 581-1385�4!
CITY HALL G'
ZRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police qiief
TELEPHONE (323) 583-8811 F (323) 5
August 10, 1998 �.
6
�S J&P
A v
Honorable Members:
Transmitted herewith is a Water Right License and Agreement with NI
Industries for the rights to 138 acre-feet of water. The cost of this
water is $160.00 per acre foot or $22,080 total.
This has been reviewed by the Director of Community Services and the
City Attorney, and it is hereby recommended that the agreement be
approved and the Mayor and City Clerk be authorized to sign the
Agreement.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/rcw
fl REQUEST FOR PAYMENT
�i_ PAYEE: Industries
MAILING Attn: Ann Yip. Accounting Manager
ADDRESS: k_15 S . Boyle Aeenue
Vernon, CA"`, 90058
ACCOUNT AMOUNT-
020-501'=-108455110" $22,080.00
FOR: Water Right License
July 1998 thru June 199
(ATTACH DOCUMENTS, LITERATURE OR MEMOS)
PREPARED BY: Patri a Salerno DATE: 8118198
DEPT. HEAD APPROVAL: ' rWA +� DATE:''
ADMIN. APPROVAL: L,: DATE:
PURCH.PROCESSED: DATE
FINANCE/DEMANDLISTING: DATE: hd
SUBMIT THIS FORM TO ADMINISTRATION FOR APPROVAL TO MAKE,
PAYMENT WHEN THERE IS NO INVOICE TO PROCESS, PURCHASE
ORDER OR CONTRACT INVOLVED.
ORIGINAL: TO ADMINISTRATION/FINANCE "COPY: REQUESTING UNIT
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