HomeMy WebLinkAboutDistrict 01 Minutes 1949-01-12MINUTES OF MEETING OF
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.1
OF ORANGE COUNTY,CALIFORNIA
January 12,19I~9,at 8:00 P.M.
Board of Supervisors Room
Present:Virgil H.Reed (Chairman),R.Carson Smith and
C.M.Featherly.
Absent:None.
The joint meeting was called to order by Chairman Willard
Smith at 8:10 P.M.
Supervisor C.M.Featherly was seated to fill the vacancy
left by Director Fred C.Rowland.
The Minutes of the meetings of December 22,l9).~8,and January
3,l9L~9,were approved.
***
On motion of Director Smith,duly seconded and carried,
Director Virgil H.Reed was elected Chairman of the Board.
County Counsel Joel E.Ogle presented a written opinion
(attached)regarding compensation for board members and further
stated that compensation could not be made retroactive beyond the
date that the Board took action (October 27,l9).~8).
General Manager Willis H.Warner stated that the official seal
for District No.1 will be procured and submitted to the Board for
approval.
***
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On motion of Director Smith,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED that the report of the Engineer,filed with
this Board on December 22,having been duly examined by this Board,
is found to comply with the provisions of Section 1~.7~8 of the
County Sanitation District Act;that it is satisfactory to this
Board,and that this Board does hereby fix the 21~th day of January,
19~9,at 9:00 o’clock a.m.,as the time,and the office of the
County Sanitation Districts,Room 2O~,Orange County Court House,
Santa Ana,California,as the place for hearing objections to said
report and to the doing of the work therein referred to or to any
part thereof.
The Secretary of this Board shall cause notice of said hearing
to be published ~consecutive times in the Santa Ana Register,a
newspaper of general circulation in said District.
AYES:DIRECTORS R.CARSON SMITH,C.M.FEATHERLY,AND VIRGIL H.
REED.
NOES:DIRECTORS NONE
ABSENT:DIRECTORS NONE
STATE OF CALIFORNIA
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
regularly adopted by the said Board at a regular meeting thereof
held on the 12th day of January,l9L~9,and passed by a unanimous
vote of said Board.
IN WITNESS WHEREOF,I have hereunto set my hand this 12th day
of January,l9L~9.
d~i~
Secretary of the Board of Directors
of County Sanitation District No.1
of Orange County,California.
***
On motion of Director Featherly,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED by this Board of Directors that pursuant and
subject to all of the terms,conditions and provisions of the Public
Health Act of the State of California,approved March 23,1907,and
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all amendments thereto,application be made to saId State Board of
Public Health for a permit to construct a new primary sewage treat
ment plant and appurtenant structures;a new ocean outfall and
appurtenant structures;new trunk sewers and appurtenant structures,
said sewerage system,treatment and disposal works to be located as
per accompanying Engineer’s Reports dated December 22,l9Lj.~8;and to
continue to operate the existing Orange County Joint Outfall Sewer
Section I primary sewage treatment plant,outfall sewer,and ocean
outfall as necessary;and to serve County Sanitation Districts Nos,
1,2,3,5,6,7 and 11 all as described and shown in the accompany
ing Engineer’s Reports.
AYES:DIRECTORS C.M.FEATHERLY,H.CARSON SMITH,VIRGIL H0 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,here
by certify that the above and foregoing Resolution was duly and
regularly adopted by the said Board at a regular meeting thereof held
on the 12th day of January,l9i~..9,and passed by a unanimous vote of
said Board.
IN WITNESS WHEREOF,I have hereunto set my hand this 12th day
of January,191+9.
Secretary of the Board of Directors
of County Sanitation District No.1
of Orange County,California
The Board of Directors for District No.8 advised that they
were withholding action on approval of the Joint Administrative
Agreement pending completion and review of the Engineer’s Report for
District No.8.
A motion was made,duly seconded and carried,to adjourn the
meeting to Thursday,January 20,191+9,at 8:00 P.M.in the Board of
Supervisors Room.
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The Chairman declared the meeting adjourned at 9:1~PJ~,
Chai man,Board of Directors
County Sanitation District No.1
Orange County,California
ATTEST:
CHARLES A.SWEET
Temporary Secretary,Board of Directors
County Sanitation District No.1
Orange County,California
January L~,l9I~9
P Board of Directors of
County Sanitation Districts
Orange County Courthouse
Santa Ana,California
Gentlenien
You requested an opinion from this office as to whether or not
a member of a city council who is also a director on a county san
itation district board could legally accept compensation for his
services as a member of a county sanitation board~
Secticn L~733 of the Health and Safety Code,which section pro
vIdes in ~ubscance that the district board shall have power to fix
the amount of compensation per meeting to be paid to each member of
the board,provides in part as follows:
~compensation herein mentioned shall be in addition to any
other feesor compensation allowed by law for the other offi
cial positions mentioned in Section L~730 that are oècupied by
members of said district board,”
In the case of Woollomes v,Woody 79 Cal.App.(2d)696,the
District Court of Appeals upheTd.the legality of the payment to a
member of the board of supervisors compensation for his services as
a director of a county sanitation district.In that case the court
states on page 701:
~it is,a general p~inci~le of law that Where new duties are
dele~ted by statute to a public officer which are without the
scope or range of his office,and additional compensation is
provided therefor,the statuto±~increase is not affected by a
constitutional provision,prohibiting any increase in the corn
pen~ation of a public o±~ficer after his election or appoint
ment~
It Is,therefore,our opinion that a member of the city coun
cil may be paid by county sanitation districts compensation for his
services as a director of such district.
Respectfully submitted,
JOEL E.OGLE,COUNTY COUNSEL
/s!By George F,Holden
GFH:lc George F.Holden,Deputy
CONCURRED IN BY:
/Joel E,Ogle
Joel E.Ogle,County Counsel
s Stephen K.Tamura
S ephen K.Tamura,Deputy
***~
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