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HomeMy WebLinkAboutDistrict 01 Minutes 1948-12-0837 MINUTES OF MEETING OF B0ARD.~OF DIRECTORS COUNTY SANITATION DISTRICT NO0 1 OF ORANGE COUNTY,CALIFORNIA December 8,19I~3,at 8:00 P.M. Board of Supervisors Room Present:Fred C.Rowland (Chairman),R.Carson Smith and Virgil Reed. ‘Absent:None. The joint meeting was called to order by Chairman VVillard Smith at 8:05 P.M. The Minutes of the meeting of November 29,l9L~8,were approved as mailed out. *** On motion of Director Smith,duly seconded and carried,the fol lowing Resolution was adopted: BE IT RESOLVED by this Board of Directors that it is for the interest and advantage of this Sanitation District and County Sanita tion Districts Nos.2,3,5,6,7,8 and 11 to enter into an agree ment for the maintenance of a centralized and joint administrative organization to care for the general administration of the affairs of ea’ch of the said County Sanitation Districts for the supervision, operation and maintenance of the work of each of said districts,and that for that purpose each of said districts shall employ the same engineer,surveyors,counsel,and other persons needed to carry out the purposes of said districts. BE IT FURTHER RESOLVED that that certain agreement,a copy of which is hereunto annexed,be executed on behalf of County Sanitation District No.1 by the Chairman of this Board of Directors and that the Secretary attest the same. 36 AYES:DIRECTORS FRED C.ROWLAND,R.CARSON SMITH AND VIRGIL REED. NOES:DIRECTORS NONE ABSENT:DIRECTORS NONE STATE OF CALIFORNIA 58 COUNTY OF ORANGE I,CHARLES A.SWEET,Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California,hereby certify that the above and foregoing Resolution was duly and regular ly adopted by the said Board at a regular meeting thereof held on the 8th day of December,l9L~8,and passed by a unanimous vote of said Board. IN WITNESS WHEREOF,I have hereunto set my hand this 8th say of December,19)48. Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California *** On motion of Director REED,duly seconded and carried,the following Resolution was adopted: BE IT RESOLVED that VINTON iN.BACON,a competent sanitation engineer,be and he is hereby employed by County Sanitation District No.1,and said engineer is hereby directed to prepare and file with this Board of Directors a report setting forth (a)a general descrip tion of existing facilities for sewage collection,treatment,and disposal;(b)a general description of the work proposed to be done to carry out the objects of the district;(c)a general plan and gen eral specifications of the work;Cd)a general description of the property proposed to be acquired or damaged in carrying out the work; (e)a map showing the boundaries of the district and in general the 39 location of the work proposed to be done,property taken or damaged, and any other information useful to an1understanding of the proposed work;and (f)an estimate of the cost of the proposed work. AYES:DIRECTORS FRED C.ROWLAND,R.CARSON SMITE AND VIRGIL REED. NOES:DIRECTORS NONE. ABSENT:DIRECTORS NONE. STATE OF CALIFORNIA $8 COUNTY OF ORANGE I,CHARLES A.SWEET,Secretary of the Board of Directors of County Sanitation District No.1.of Orange County,California,hereby certify that the above and foregoing Resolution was duly and regular ly adopted by the said Board at a regular meeting thereof held on• the 8th day of December,l9L~8,and passed by a unanimous vote of said Board. IN WITNESS WHEREOF,I have hereunto set my hand this 8th day of December,l9I~8. ~g4~~ Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California *** Mr.Bacon presented tentative construction cost figures for Districts Nos.1,2,3,~,6,7 and 11. The Chairman declared the meeting adjourned at 10:00 P.M. Chairman,Board-~f Directors County Sanitation District No.1 Orange County,California CHARLES A.SWEET Temporary Secretary,Board of Directors County Sanitation District No.1 Orange County,California 40 JOINT ADMINISTRATIVE AGREEMENT This agreement entered into ‘this — day of _____________, 19_,by and between, COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.~OF ORANGE COUNTY COUNTY SP~NITATION DISTRICT NO.6 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.8 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY W I T N E S S E T H THi~T WHEREAS,the aforesaid County Sanitation Districts have heretofore been organized and are now existing and exercising their functions as public agencies pursuant to the provisions of the County Sanitation ~istrict Act of 1923,(Statutes of 1923,Chapter 250 and amendments thereto)and of Chapter 3,Part 3,Division V of the Health and Safety Code of the State of California;and, WHEREAS,it is the mutual desire of the Sanitation Districts, parties hereto,to execute a Joint Administration Agreement as contem plated in Sections L18L10,2~.8)4,and L~8L~2 of the Health and Safety Code of the State of California,and, WHEREAS,it is a~d will continue to be,to the mutual interest and advantage of said Sanitation Districts and each of them to have a single,joint and centralized administrative organization, and each of said Districts has so found and declared by resolution adopted by its Board of Directors. NOW,THEREFORE,it is hereby agreed as follows: (1)That all of said Districts,and such other Districts, City,Sanitary District,other agency or combination thereof,as may hereafter become parties to this agreement,acting jointly and for their mutual advantage,shall have a single and centralized adminis trative organization (hereinafter referred to as the Joint Administrative Organization)to provide for and perform the Administrative functions of each and all of said Districts including the construction, supervision,operation,and maintenance of the sanitation works of each and all of said Districts,said sanitation works are intended to mean the trunk sewers,sewage treatment plants,and sewage pumping plants constructed,purchased and acquired by said Districts and those trunk sewers and sewage pumping plants so designated by such City,Sanitary District,other agency or combination thereof,as may hereafter become parties to this agre?ment;and for that purpose all of said Districts shall have the same Chief Engin€.er or General Manager,and other assistant or divisional engineers,accounting employees,counsel,and officers and employees as may be employed,with the consent royal of the governing boards of each Sanitation District party for the mutual advantage of’all Districts hereto,by County riltition District 1 of Orange County and who shall thereafter perform -1eirrespective duties as joint officers or employees of all of such !~nittion districts,parties to this agreement; —1 — \\ L~1~ And it is hereby mutually agreed that the compensation of all such officers and employees and all other expenses of said Joint Administrative Organization and all costs Incurred in connection with operation and maintenance thereof shall be equitably divided,allocated, and apportioned among the several Districts,parties hereto,arid shall be charged to and paid by them In the following manner,to-wit: (a)All items of expense which can be readily segregated and allocated shall be charged directly to the District for the benefit of which such expense was incurred,and to this end it is understood that certain employees,such as designers,draftsmen,and other similar employees,whose work can be readily segregated,shall never theless be employed by County Sanitation District No.1 for the mutual advantage of all said Districts,but that an accurate record shall be kept of the time of such employees and a charge made direct to the respective Districts for their proportionate share of the compensation payable to such joint employees in accordance with said record,The amounts thus charged to the respective Districts shall,after being approved by their governing boards,be paid by them into the funds of County Sanitation District No.1 and disbursed by said District as hereinafter provided. (b)Such portion of the expense incurred in connection with said Joint Administrative Organization as cannot be readily segregated and allocated as hereinabove provided,shall be apportioned and charged to the respective Districts in one of the following methods: 1.The amount apportioned to each District shall be in the ratio that the bond issue or capital Investment, whichever is the greater,of such District bears to the aggregate of such greater sums for all of the Districts,parties hereto.For the purposes of this agreement capital investment shall be determined In the following manner: To the total amount of bonds authorized by a District shall be added such amount as may represent the fair value of the sewerage works constructed or acquired by such District from funds other than those derived from issue and sale of bonds,plus the fair value of such sewerage works not owned by the District but used by it for District purposes. 2.In the case of any District,party hereto,which has neither authorized the issuance of bonds nor acquired sewerage works nor the right to use sewerage works riot the property of such District,the apportionment of expense shall be in the ratio of the estimated cost of work proposed by the Engineer’s Report,filed pursuant to Section L17L~.8 of the Health and Safety Code,to the aggregate of the greater sums,as provided In paragraph b-i thereof,of all of the Districts,parties hereto. 3.In lieu of either of the foregoing methods,the parties hereto,by mutual agreement,may determine a specified annual charge to be paid by a District during the interval between the formation of the District and the issuance of bonds for construction purposes;provided, however,that upon the issuance of bonds by such District or the acquisition of works from other funds or sources,the portion of the total Joint Administra tion expense to be borne by such District,shall be determined by one or the other allocation methods above specified, (c)For the purpose of facilitating the payment of such joint costs,expenses,salaries,wages or other compensation incurred in connection with such Joint Administrative Organization,it is agreed that the apportionment,as hereinabove provided,shall be paid monthly by each District into the funds of County Sanitation District No.1 of Orange County,which is hereby designated for this purpose,and such designated District shall thereafter use the funds thus paid to it, together with such portion of its own funds as are chargeable therefore for the payment of all such costs,expenses,salaries,wages,or other compensation incurred by,or to be paid in connection with,the maintenance of such Joint Administrative Organization. IT IS UNDERSTOOD AND L~GREED,that in the construction, operation and maintenance of the sewer lines and sanitation works of said Districts under the supervision and direction of said Joint :~drninistrative Organization,it will be necessary from time to time to provide materials and equipment and to employ temporary laborers, foremen and other employees for the individual use and benefit of a single District,and it is therefore understood and agreed that,not withstanding any other provisions herein,each of said Districts m~y from time to time individually employ such temporary employees as may be necessary in connection with the construction,operation and maintenance of the individual sewer lines and works of such Districts, and that such Districts so employing temporary employees for the individual use and benefit of the District affected shall pay directly from the funds of said District the salaries or wages of such temporary employees and the costs of any materials and equipment purchased or used for the individual benefit of such District. It is understood and agreed that all of the Districts, parties hereto,shall participate in the Orange County Employees’ Retirement System and for this purpose County Sanitation District No.1 is authorized and directed on its own behalf and on behalf of the other Districts,parties hereto,and each party hereto agrees to take such action as may be required to secure such participation in said Orange County Employees’Retirement System. County Sanitation District No.1 is hereby designated to make all payments to said Orange County Employees?Retirement System in the manner contemplated by law,and by such rules and regulations as may now or hereafter be promulgated ~overning the administration of said Retirement System.The monthly contribution by each District for current service shall be in the same proportion to the total amount paid by each District during such month for salaries and wages,either directly or indirectly,to employees who are members of the Retirement System bears to the total amount paid for salaries and wages during such month by all Districts,parties hereto,to employees who are members of the Retirement System. For the purpose of making all payments into the Orange County Employees’Retirement System accruing from and after the effective date of this contract,each of the Districts,parties hereto, shall contribute to County Sanitation District No.1 as the representa tive of all of the Disl~ricts,the amounts at the time and in the manner contemplated by the provisions of law and the rules and regula ~io12s_of the Orange County Employees’Retirement System. I The Chief Engineer or General Manager to be appointed and played for the mutual advantage of all Districts,parties hereto,by Linty Sanitation District No..1 of Orange County,shall be in charge of said Joint Administrative Organization as well as of those employees as provided herein,are individually employed as temporary employ of any District,party hereto,for construction,operation,and main ance of individual sewer lines and works of such Districts and 43 ¾ paid directly from the funds of the said District,and said Chief Engineer or General Manager shall have sole control of the affairs of the said Joint Administrative Organization and of the administrative affairs of the Individual Districts,subject to the terms of this agreement and to the directions of the Board of Directors of the respective Sanitation Districts,parties hereto. The books,records and accounts relating to said Joint Ad ministrative Organization shall at all reasonable times be open for inspection to the Board of Directors of any of said Sanitation Districts or to any person interested therein. Should any dispute or controversy arise in connection with said books,records or accounts,or in connection with the employment of any officers or employees of said Joint Administrative Organization or in connection with any of the affairs or operation of said Joint Administrative Organization,the Board of Directors of each of said Sanitation Districts shall appoint or designate one member thereof to represent said Board of Directors and said representatives of the various Boards of Directors shall act as a Board of Arbitration in connection with such dispute or controversy,and the findings by a majority of said Board of Arbitration ~ha1l be binding and conclusive upon the respective parties hereto, It Is further understood and agreed that whenever any other Sanitation District within the County of Orange,now or hereafter organized and created under the provisions of said County Sanitation District Act of 1923,or any amendment or amendments thereof,or any City,Sanitary District,other agency or combination thereof,shall desire to become a party to this agreement and its Governing Board shall,by resolution,find and declare that it will be to the interest and advantage of such District,City,Sanitary District,other agency or combination thereof,to do so and shall authorize the execution and signing of this agreement,such District,City,Sanitary District, other agency or combination thereof,may,by the mutual consent of the parties hereto,as evidenced by resolutions adopted by their respective ~oards of Directors,be permitted to do so by executing and signing this agreement,and thereupon each District,City,Sanitary District, other agency or combination thereof,thus becoming a party hereto, shall become subject to the benefits and obligations of this agreement to the same extent and in like manner as the original parties thereto, and shall bear and pay its proportionate share of the salaries of officers,compensation of employees,participation in the Orange County Employees Retirement System and other costs and expenses incurred in connection with said Joint Administrative Organization,which propor tionate share shall be determined,allocated,and apportioned,as hereinabove provided,In the same manner as for other Districts, parties hereto. This agreement shall continue in effect for ~years from the date hereof arid so long thereafter as it shall be to the interest and advantage of the Districts,parties hereto,to maintain such Joint Administrative Organization.If at any time after ~years from the date of this agreement It should cease to be to the interest and P~vantage of any District,party hereto,tO continue as a party to £115 agreement,and its Board of Directors shall so find and declare ~p—i-e-~ilution,it may withdraw herefrom and terminate its obligations ~reunder after sixty (60)days notice in writing to the other parties ~reto of Its intention to do so,and by the full and complete ischarge of all its debts and obligations hereunder for which it iall be or become liable up to the date of its withdrawal;provided, owever,that should any District withdraw herefrom,this agreement ~all continue in effect thereafter as to the remaining parties there ~o In like manner as if said District so withdrawing had never been a ~ty to said agreement;provided further that any District so withdrawing from the Joint Administration Agreement shall not be entitled to be reimbursed for any contributions previously made by it directly or indirectly to the Orange County Employees’Retirement System pursuant to the provisions of this agreement. IN WITNESS V~HEREOF,the parties hereto,pursuant to resolu tions adopted by their respective Board of Directors,have caused .~hls instrument to be executed and signed,and their corporate seals to~be hereunto affixed by their respective Chairman and Secretaries this ____ day of _________________,19 ATTEST:COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY Secretary ATTEST: ~ Secretary ATTEST: Secretary ATTEST: Sec±~etàry ATTEST: Secretary ATTEST: S e c ret ar y By Chairman COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY By Chairman COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY By Chairman COUNTY SANITATION DISTRICT NO.~OF OIIANGE COUNTY By Chairman COUNTY SANITATION DISTRICT NO.6 OF ORANGE COUNTY By Chairman COUNTY.SANITATION DISTRICT NO.7 OF ORANGE COUNTY By C hal i’m an .~cretary COUNTY SANITATION DISTRICT NO,6.OF ORANGE COUNTY By Chairman COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY ATTEST: By