Resolution No. 7857I RESOLUTION NO. 7857
2
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 NI INDUSTRIES, INC. WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 138 ACRE-FEET
5 OF THE ALLOWED PUMPING ALLOCATION OF NI
INDUSTRIES, INC. FOR THE PERIOD JULY 1, 2001
6 THROUGH JUNE 30, 2002
7
8 WHEREAS, the City of Vernon and NI Industries, Inc. ("NI")
9 wish to enter into an agreement providing for the City to lease 138
10 acre-feet of the allowed pumping allocation of NI; and
11 WHEREAS, the Director of Community Services & Water and NI
12 have negotiated a Water Right License for the period of July 1, 2001
13 through June 30, 2002 with an agreed price of Thirty -Three Thousand
14 Eight Hundred Ten Dollars and No Cents ($33,810.00); and
15 WHEREAS, a Statement of account dated October 25, 2001 (the
16 "Statement"), providing that the sum of Thirty -Three Thousand Eight
17 Hundred Ten Dollars and No Cents ($33,810.00) (for the 2001-2002 fiscal
18 year) will be paid to NI has been submitted to the City and approved by
19 the Director of Community Services & Water; and
20 WHEREAS, Mr. John G. Maniatakis, the Vice President of NI,
21 signed the Statement on August 29, 2001, agreeing thereto.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
23 CITY OF VERNON AS FOLLOWS:
24 SECTION 1: The City Council of the City of Vernon hereby
25 finds and determines that the recitals contained hereinabove are true
26 and correct.
27 SECTION 2: The City Council of the City of Vernon hereby
28 approves the Water Right License and the Statement (which is
1 attached to the License), a copy of which is attached hereto as
2 Exhibit "A" and made a part hereof.
3 SECTION 3: The City Council of the City of Vernon hereby
4 authorizes the Mayor and the City Clerk to execute the License for,
5 and on behalf of, the City of Vernon.
6 SECTION 4: The City Council of the City of Vernon hereby
7 directs the City Clerk, or his designee, to send a fully executed
8 Water Right License and a check for Thirty -Three Thousand Eight Hundred
9 Ten Dollars and No Cents ($33,810.00), to:
10 NI Industries, Inc.
Attn. John G. Maniatakis, Vice President
11 5215 S. Boyle Avenue
P.O. Box 58507
12 Vernon, CA 90058
13 SECTION 5: The City Council of the City of Vernon hereby
14 directs the City Clerk, or his designee, to send a copy of the Water
15 Right License (without the Statement) to:
16 Watermaster Service
State of California
17 Department of Water Resources
770 Fairmont Avenue, Suite 102
18 Glendale, CA 91203-1035
19 SECTION 6: The City Clerk of the City of Vernon shall
20 certify to the passage of this resolution, and thereupon and
21 thereafter the same shall be in full force and effect.
22 APPROVED AND ADOPTED this 7th day of November, 2001.
23
24 EONIS C. URG, yor
ATTEST:
25 j
26 BRUCE V. MAL ENNHORST, City Clerk
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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 7857, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council dul,y held on Wednesday,
8 November 7, 2001, and thereafter was duly signed by the Mayor of the
9 City of Vernon. /
10
BRUCE V. MALKENHORST, City Clerk
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12 (SEAL)
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EXHIBIT
0
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this day of 2001.
BY AND BETWEEN NI INDUSTRIES, INC.
(hereinafter "Licensor")
5215 South Boyle Avenue
P.O. Box 58507
Vernon, CA 90058
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
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, 2001, and continuing to and including
June 30,. 2002.
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.
Licensor warrants that it has 138 acre-feet of Allowed
Pumping Allocation and that it has not pumped and Will notpmp
of Said
or permit or license any other person. to pump y part
of �uiy 1, 2001 through June 30,
138 acre-feet during the period
2002.
NI INDUSTRIES, 1NC.
Licensor
By: � � •
im"m a NGImirmIs
"M P4t£SIDEMT
Print Name
Title:
T))xV'yn T. RTRACS
Print Name
Title: PRESIDZNT
ATTEST:
C-6 X OF VERNON
Licensee
By:
LEON:S C. MALBURG, Mayor
By:
BRIICE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
CAKy D0CumenC3\w&cerRight\1QZ License 01-02.doc
IWC
STATEMENT
NI INDUSTRIES, INC. grants to the City of Vernon a license to
extract 138 acre-feet of NI INDUSTRIES, INC. allowed pumping
allocation for the 2001-2002 Fiscal Year @ $245.00 per acre-foot
for a total.cost of $33,810.00.
NI
, INC.
Si ature Title
JDHN C, MANIATAKIS
VICE PRESIDENT
CITY OF VE ON agrees to the above Statement.
r".cv♦
Date
Director of Community Services & Water 10/25L01
nat r
Title uaUG
SUPPORTING
DOCUMENTS
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) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 27, 2001
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue
Suite 102
Glendale, CA 91203-1035
Re: Water Right License
To Whom It May Concern:
EDUARDO OLIVO
t City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323)826-1481
Transmitted herewith is a copy of a Water Right License by and between
the City of Vernon and NI Industries, Inc., approved by the Vernon City
Council on November 7, 2001.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
CITY OF VERNON
loria J. Osc
Chief Deputy City Clerk
GJO:ng
CC: Kevin Wilson
Resolution No. 7857
Agreement File No. 01-080
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) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 27, 2001
NI Industries, Inc.
Attn: John G. Maniatakis, Vice President
5215 S. Boyle Avenue
P.O. Box 58507
Vernon, CA 90058
Re: Water Right License
Dear Mr. Maniatakis:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323)826-1481
Transmitted herewith is a duplicate original copy of a Water Right
License approved by the Vernon City Council on November 7, 2001, and a
check in the amount of $33,810.00.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
CITY OF VERNON
1�j 40z""
loria J. osco
Chief Deputy City Clerk
GJO:ng
CC: Kevin Wilson
Resolution No. 7857
Agreement File No. 01-080