Resolution No. 8030I RESOLUTION NO. 8030
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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 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, 2002
6 THROUGH JUNE 30, 2003
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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, 2002
13 through June 30, 2003 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 July 15, 2002 (the
16 "Statement"), providing that the sum of Thirty -Three Thousand Eight
17 Hundred Ten Dollars and No Cents ($33,810.00) (for the 2002-2003 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. David L. Hirsch, the President of NI, signed the
21 Statement on or about July 15, 2002, 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
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11 attached to the License), a copy of which is attached hereto as
11 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 the 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 Thirty -Three Thousand Eight Hundred
Ten Dollars and No Cents ($33,810.00), to:
NI Industries, Inc.
Attn..David L. Hirsch, President
5215 S. Boyle Avenue
P.O. Box 58507
Vernon, CA 90058
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a copy of the Water
Right License (without the Statement) to:
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
SECTION 6: 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 24th day of July, 2002.
ATTEST•
BRUCE V. MALKENHORST, City Clerk
EONIS C. M.At4URG, M yor
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I STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City
5 hereby certify that the foregoing Reso
6 8030, was duly adopted by the City Cou
7 adjourned regular meeting of the City
8 July 24, 2002, and thereafter was duly
9 of Vernon.
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12 (SEAL)
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SUPPORTING
DOCUMENTS
EXHIBIT
0
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of this day of
2002.
BY AND BETWEEN
AND
RECITALS:
NI INDUSTRIES, INC.
(hereinafter "Licensor")
5215 South Boyle Avenue
P.O. Box 58507
Vernon, CA 90058
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, 2002 and continuing to and including June 30, 2003.
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 not pump or permit or license any other person to pump any part of said 138
acre-feet during the period of July 1, 2002 through June 30, 2003.
NI INDUSTRIES, INC
Licensor
By:
DAVID L. HIRSCH
Print Name
Title:
PRESIDENT
By: -_
JOHN G. MANIATAKIS
Print Name
Title: VICE PRESIDENT
ATTEST:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-2-
CITY OF VERNON
Licensee
LEONIS C. MALBURG, Mayor
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
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 2002-2003 Fiscal Year @ $245.00
per acre-foot for a total cost of $33,810.00.
NI INDU TRIES, INC.
Signature
Title
CITY OF VERNON agrees to the above Statement.
Date
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
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
August 5, 2002
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
City Attorney
FAX: (562) 869-1883
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 July 24, 2002.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at (323) 583-8811 ext. 245.
Very truly yours,
L
Nelly ro
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Kevin Wilson
Resolution No. 8030
Agreement No. 02-056
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
August 5, 2002
NI Industries, Inc.
Attn: David L. Hirsch, President
5215 S. Boyle Avenue
P.O. Box 58507
Vernon, CA 90058
Re: Water Right License
Dear Mr. Hirsch:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
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 the above
referenced approved by the Vernon City Council on July 24, 2002, and
Check No. 00205821 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,
/11�
Nel y Gi o
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Kevin Wilson
Resolution No. 8030
Agreement No. 02-056
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 Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 16, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
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 one-year Water Right License and Agreement
with NI Industries, Inc., for the rights to 138 acre-feet of water.
The cost of this water is $245.00 per acre-foot or $33,810.00 total.
This has been reviewed by the Director of Community Services and Water
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 Administrator/City Clerk
BVM/gm
<i
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, ISirector of Community Services & Water
DATE: July 11, 2002
SUBJECT: LEASING 138 ACRE-FEET OF WATER FROM NI INDUSTRIES, INC.
It is recommended that a one-year lease be executed with NI Industries, Inc. for the rights
to 138 acre-feet of water. The cost of this water is $245.00 per acre-foot or $33,810.00 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.
SKW/ca
Enclosures
c: City Attorney
EARLY CHECK DURON BUSINESS FORMS (909) 793.0472 • FAX (909) 335-1478
RETURN TO:
City Administrator's Office -
REQUEST FOR PAYMENT
PAYEE: NI INDUSTRIES, INC.
MAILING 5215 SOUTH BOYLE AVENUE
ADDRESS: P_n_ Rnx SRsn7
VERNON, CALIFORNIA 90058
ACCOUNT
020-1084-55110
AMOUNT
$33,810
FOR: WATER RIGHT LICENSE AGREEMENT FOR 138 ACRE FEET
FOR FY 2002/2003
(ATTACH DOCUMENTS, LITERATURE OR MEMOS)
PREPARED BY: C. ARELLANO DATE: JULY 15, 2002
DEPT. HEAD APPROVAL: DATE:-
ADMIN. APPROVAL: DATE:
PURCH. PROCESSED: DATE`
FINANCE/DEMAND LISTING: DATE:
SUBMIT THIS FORM TO ADMINISTRATION FOR APPROVAL TO MAKE
PAYMENT WHEN THERE 1S NO INVOICE TO PROCESS, PURCHASE
ORDER OR CONTRACT INVOLVED.
ism-ycled paper
ORIGINAL: TO ADMINISTRATION/FINANCE • COPY: REQUESTING UNIT