Resolution No. 75471 RESOLUTION NO. 7547
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF
4 VERNON AND DOMINGUEZ WATER COMPANY WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 1000 ACRE-FEET
5 OF THE ALLOWED PUMPING ALLOCATION OF DOMINGUEZ WATER
COMPANY FOR THE PERIOD JULY 1, 1999 THROUGH JUNE 30,
6 2000
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8 WHEREAS, the City of Vernon and Dominguez Water Company
9 ("Dominguez") wish to enter into an agreement providing for the City to
10 lease 1000 acre-feet of the allowed pumping allocation of Dominguez; and
11 WHEREAS, the Director of Community Services & Water and Dominguez
12 have negotiated a Water Right License for the period of July 1, 1999
13 through June 30, 2000 with an agreed price of Two Hundred Thirty Thousand
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Dollars and No Cents ($230,000.00); and
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WHEREAS, a "Statement" of account dated May 19, 2000, providing
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that the sum of Two Hundred Thirty Thousand Dollars and No Cents
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18 ($230,000.00) (for the 1999-2000 fiscal year) will be paid to Dominguez
19 has been submitted to the City and approved by the Director of Community
20 Services & Water; and
21 WHEREAS, Mr. Terry H. Witthoft, the Director -Water Resources
22 for Dominguez, signed said "Statement" on May 19, 2000, agreeing
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thereto.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VERNON AS FOLLOWS:
27 SECTION 1: The City Council of the City of Vernon hereby
28 finds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Water Right License and the "Statement," which is attached
thereto, a copy of which is attached hereto as Exhibit "A" and made a
part hereof.
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 Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a fully executed
Water Right License and a check for Two Hundred Thirty Thousand
Dollars and No Cents ($230,000.00), to:
Dominguez Water Company
21718 South Alameda Street
Long Beach, CA 90810
SECTION 5: 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 6"' day of June, 2000.
ATTES� /
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BRUCE V. MALKENHORST, City Clerk
LEONIS C. MhLBURG,vMayor
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I STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7547, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Tuesday, June 6,
8 2000, and thereafter was duly signed by the Mayor of the City of
9 Vernon. /
10 !�
BRUCE V. MALKENHORST, City Clerk
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12 (SEAL)
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EXHIBIT A
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this day of 2000.
BY AND BETWEEN DOMINGUEZ WATER COMPANY
(hereinafter "Licensor")
21718 South Alameda Street
Long Beach, CA 90810
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
1000 acre-feet of Allowed Pumping Allocation allocated to
Licensor (or predecessors in interest) under and pursuant to the
Judgment dated October ll, 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, 1999, and continuing to and
including June 30, 2000.
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 not 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 1000 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
1000 acre-feet during the period of July 1, 1999 through June 30,
2000.
DOMINGUEZ WATER COMPANY
Licensor
By:
Brian .T BradNz
Print Name
Title: i'residen,t & CEO
By: wtv
Jo S. Tootle
Print Name
Title: Chief Financial Officer
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
LEASEAGREEMENT.dwc
CITY OF VERNON
Licensee
By:
LEONIS C. MALBURG, Mayor
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
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STATEMENT
Dominguez Water Company grants to the City of Vernon a license
to extract 1000 acre-feet of Dominguez Water Company's allowed
pumping allocation for the 1999-2000 Fiscal Year @ $230.00 per
acre-foot for a total cost of $230,000.00.
DOMINGUEZ WATER COMPANY
CITY CP VERNON agrees to the above Statement.
statement.OWC
Director of Community Services & Water C5111,1,
Title Date
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