Resolution No. 8486t I
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RESOLUTION NO. 8486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF
VERNON AND CALIFORNIA WATER SERVICE COMPANY FOR THE
PERIOD JULY 1, 2003 THROUGH JUNE 30, 2004
WHEREAS, the City of Vernon and California Water Service
Company ("California") wish to enter into an agreement providing for
the City to lease 1000 acre-feet of the allowed pumping allocation of
lCalifornia; and
WHEREAS, the Director of Community Services & Water and
California have negotiated a Water Right License for the period of
July 1, 2003 through June 30, 2004, with an agreed price of.One Hundred
Thousand Dollars and No Cents ($100,000.00), if the License is executed
by June 30, 2004; and
WHEREAS, a Statement of account dated June 30, 2004,
providing that the sum of One Hundred Thousand Dollars and No Cents
($100,000.00) will be paid to California, for the period of July 1,
2003 through June 30, 2004, has been submitted to the City and approved
by the Director of Community Services & Water; and
WHEREAS, Mr. Robert R. Guzzetta, Vice President Engineering &
Water Quality for California, signed the Statement on June 29, 2004,
agreeing thereto; and
WHEREAS, the City Administrator executed the Water Right
License with California on June 29, 2004, subject to ratification by
the City Council, in order to take advantage of a below normal market
rate offered by California; and
WHEREAS, by letter dated July 1, 2004, Bruce V. Malkenhorst,
City Administrator/City Clerk, recommended that the Water Right
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License be approved and ratified and the issuance of payment in
(accordance therewith be ratified; and
WHEREAS, the City Council desires to approve and ratify the
Water Right License, as executed by the City Administrator, and the
payments in accordance therewith.
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
ratifies the execution of the Water Right License and the Statement
(which is attached to the License),, a copy of which is attached hereto
as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
ratifies the payment of $100,000.00 in accordance with the terms and
conditions of the License.
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 14th day of July, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAL URG, ayor
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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.
8486, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
July 14, 2004, and thereafter was duly signed by the Mayor of the City
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
"A&
WATER RIGHT LICENSE
fl
THIS LICENSE is made, entered into and executed as of this Z7 day of
2004.
BY AND BETWEEN
0
RECITALS:
CALIFORNIA WATER SERVICE
COMPANY (DOMINGUEZ)
(hereinafter "Licensor")
2632 West 237'h Street
Torrance, CA 90505-5272
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 1000 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, 2003, and continuing to and including June 30, 2004.
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 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, 2003 through June 30, 2004.
CALIFORNIA WATER SERVICE COMPANY (DOMINGUEZ)
Licensor
By
Robert R. Guzzetta
Title: President En ' eerin & Water
B.
Paul G. Ekstrom
Title: Corporate Secretary
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-2-
CITY OF VERNON
Licensee
By:
oNIS C. MALBURG, Mayor
APPROVED AS TO FORM:
By:
ERIC T. FRE CH, City Attorney
STATEMENT
CALIFORNIA WATER SERVICE COMPANY (DOMINGUEZ) grants to the City of
Vernon a license to extract 1000 acre-feet of CALIFORNIA WATER SERVICE COMPANY
(DOMINGUEZ) allowed pumping allocation for the 2003-2004 Fiscal Year @ $100.00 per acre-
foot for a total cost of $100,000.00.
CALIFORNIA WATER SERVICE COMPANY(DOMINGUEZ)
Signature Vice President Engineering & Water Quality Date
CITY OF VERNO agrees to the above Statement.
4.
Signatu Director of Community Services & Water Date
SUPPORTING
DOCUMENTS
DURON BUSINESS FORMS (9W) 793-0472 1555652
REQUEST FOR PAYMENT
ro
'AYES: CALIFORNIA WATER SERVICE COMPANY
RAILING 3316 WEST BEVERLY BOULEVARD
NDDRESS: MONTEBELLO, CALIFORNIA 90640-1537
ACCOUNT
020-500-1084-5110
ciiECK
'__. TO,
AMO NT
$100,000.00
FOR: LEASE OF 1000 ACRE FEET OF WATER FOR FY 2003/2004
(ATTACH DOCUMENTS, LITERATURE OR MEMOS)
PREPARED BY: C . ARELLANO
DEPT. HEAD APPROVAL:
ADMIN. APPROVAL:
PURCH.PROCESSED:
FINANCE/DEMAND LISTING:
DATE: JUNE 30, 2004
DATE: & _ 3G_G,"
DATE:
DATE:
DATE:
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 4m
of
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Facsimile Cover Sheet
City AdministratOdUty Clerk's OfFice
city of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
. ��0 6
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including this page: 6No. pages 9
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Facsimile Cover Sheet
City Administrator/City Clerk's Office
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Date: � /�o b 4
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No. pages including this page.
Comments:
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CITY OF VERNON • 4305 SANTA FE AVE. • VERNON, CALIFORNIA 90058-0805
VENDOR NO.
VENDOR NAME
DATE CHECK ISSUED
CHECK NO.
000222
CALIFORNIA WATER SERVICE COMPANY
06/30/04
301399
CITY ACCOUNT NUMBER
YOUR INV. NO.
YOUR INV. DATE
PAYMENT DESCRIPTION
DISC. TAKEN
NET AMT. PAID
020-500-1084-5110
LEASE 1000 ACRE FEET OF WATER
FY 2003-04
FILE DATE:07/07/04 a.b.
100,000.00