HomeMy WebLinkAboutDistrict 03 Minutes 1948-12-0837
MINUTES OF MEETING OF
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.3
OF ORANGE COUNTY,CALIFORNIA
December 8,l9L~8,at 8:00 P.M.
Board of Supervisors Room
Present:Willis H.Warner (Chairman),Irvin C.Chapman,
Charles Newson.
Absent:None.
The joint meeting was called to order by Chairman
Willard Smith at 3:05 P.M.
The Minutes of the meeting of November 29,l9L~.8,were approved
es mailed out.
On motion of Director CHAPMAN,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED by this Board of Directors that it is for the
interest and advantage of this SanItation District and C~unty
Sanitation Districts Nos.1,2,5,6,7,8,and 11 to enter into
an agreement for the maintenance of a centralized and joint admin
istrative organization to care for the general administration of
the affairs of each 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.3 by the Chairman of this Board of
Directors and that the Secretary attest the same.
AYES:DIRECTORS WILLIS H.WARNER,IRVIN C.CHAPMAN AND
CHARLES NEWSON.
NOES:DIRECTORS NONE.
ABSENT:DIRECTORS NONE.
-
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
-
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.3 of Orange County,California,
hereby certify that th~above and f~oregoing Resolution was duly and
regularly 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,l9L~8.
Secretary of the Board of Directors
of County Sanitation District No.3
of Orange County,California
***
On motion of Director NEWSON,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED that VINTON W.BACON,a competent sanitation
engineer,be and he is hereby employed by County Sanitation Dis
trict No.3,and said engineer is hereby directed to prepare and
file with this Board of Directors a report setting forth (a)a
general description of existing facilities for sewage collection,
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treatment,and disposal;(b)a general description of the work pro
posed to be done to carry out the objects of the district;(c)a
general plan and general specifications of the v~ork;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 dis
trict and in general the location of the work proposed to be done,
property taken or damaged,and any other information useful to an
understanding of the proposed work;and (f)an estimate of the cost
of the proposed work.
AMES:DIRECTORS WILLIS H.WARNER,IRVIN C.CHAPMAN AND
CHARLES NEWSON.
NOES:DIRECTORS NONE.
ABSENT:DIRECTORS NONE.
STATE OF CALIFORNIA
38
COUNTY OF ORANGE
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.3 of Orange County,California,
hereby certify that the above and foregoing Resolution was duly and
regularly 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.
Secretary of the Board of Directors
of Count~y Sanitation District No.3
of Orange County,California
***
40
Mr.Bacon presented tentative construction cost figures for
Districts Nos.1,2,3,5,6,7,and 11.
The Chairman declared the meeting adjourned at 10:00 P.M.
Chairman,Boardof Directors
County Sanitation District No.3
Orange County,California
ATTEST:
CHARLES A.SWEET
Temporary Secretary,Board of Directors
County Sanitation District No.3
Orange County,California
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 SANITATION 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
THAT WJ~REAS,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 District Act of 1923,(Statutes of 1923,Chapter 2~O
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 L~..8L1o,L~8L~i,and L~8L~2 of the Health and Safety Code
of the State of California,and,
WHEREAS,It is and 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 .~dmInistratIve
Orga~Ization)to provide for and perform the ~~dministrative 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~rnent;and for that purpose all of said Districts
shall have the same Chief Engineer or General Manager,and other
assistant or divisional engineers,accounting employees,counsel,and
I such other officers and employees as may be employed,with the consent
~and approval of the governing boards of each Sanitation District party
hereto,for the mutual advantage of all Districts hereto,by County
Sanitation District I of Orange County and who shall thereafter perform
bheir respective duties as joint officers or employees of all of such
sanitation districts,parties to this agreement;
—1—
42
And ~.t 4.s hereby mutuaJ~ly agreed that the compensation of
all such officers ~hdempioy~es and ~ll other expenses of said Joint
Administratj.v~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,and 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 not
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 L~7)4.8 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.
L~.3
(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’IGREED,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
.~.dministrative 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~iy
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 Districts,the amounts at the time and in the
(manner contemplated by the provisions of law and the rules and regula
~J tions of the Orange County Employees’Retirement System.
/‘,
paid directly from the funds or the said District,and said Chief
Engine~r 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 shall 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
Boards 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 and 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
advantage of any District,party hereto,to continue as a party to
this agreement,and its Board of Directors shall so find and declare
by resolution,it may withdraw herefrom and terminate its obligations
hereunder after sixty (60)days notice in writing to the other parties
hereto of its intention to do so,and by the full and complete
discharge of all its debts and obligations hereunder for which it
shall be or become liable up to the date of its withdrawal;provided,
however,that should any District withdraw herefrom,this agreement
shall continue in effect thereafter as to the remaining parties there
to in like manner as if said District so withdrawing had never been a
party to said agreement;provided further that any District so
45
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
Systen~pursuant to the provisions of this agreement.
IN WITNESS V~HEREOF,the parties hereto,pursuant to resolu
tipr~adopted by their respective Board of Directors,have caused this
ir~st~’ument to be executed and signed,and their corporate seals to be
hereunto affixed by their respective Chairman and Secretaries
this day of __________________,19 —.
AT~EST;COUNTY SANITATION DISTRICT
NO.1 OF ORANGE COUNTY
ATTEST;
Secretary
Secretary
By
Chairman
COUNTY SANITATION DISTRICT
NO,2 OF ORANGE COUNTY
By
Chairman
COUNTY SANITATION DISTRICT
NO.3 OF ORANGE COUNTY
By
±~rhii~
COUNTY SANITATION DISTRICT
NO.~OF OflANGE COUNTY
By,
Chair~nán
COUNTY SANITATION D~ST~ICT
NO.6 OF ORANGE COUNTY
By
Chairman
COUNTY SANITATION DISTRICT
NO,7 OF ORANGE COUNTY
Chairman
COUNTY SANITATION DISTRICT
-i’~O,8 OF ORANGE COUNTY
By
Chai±’m~n
COUNTY SANITATION DISTRICT
NO,11 OF O~ANG~COUNTY
By
~Secretary
ATTEST;
~ecretary
4TTEST;
~èt~r~
ATTEST:
$ecretary
ATTEST:
~èdre~ary
ATTEST;
~-,..-~
~écpeta~y’’,-
ATTEST;
-s
Chairman