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HomeMy WebLinkAboutDistrict 01 Minutes 1949-05-2590 MINUTES OF MEETING OF BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA May 2S,19~9,at 8:00 P.M. Board of Supervisors Room The Board of Directors met in regular session. There were present:Directors 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 8:20 P.M. The Minutes of the meeting of May 11,l9L~9,were approved as read. RE:SALE OF On motion of Director Smith,duly seconded and BONDS carried,the following Resolution was adopted: WHEREAS,in accordance with the provisions of the County Sanita tion District Act,now Chapter 3,Part 3~Division V of the Health and Safety Code,Section L~7OO to Section I~8~b,both inclusive,the Board of Directors of County Sanitation District No.1 of Orange County, created under said Act,did on the 26th day of January,l9L~9,by reso lution,adopt the report required by Section L~7L~8 of said Act,of Vinton W.Bacon,Sanitation Engineer,filed in the office of the Board of Directors on December 22,l9t~8;and WHEREAS,on the 26th day of January,19L19,said Board of Directors of said District did adopt a resolution calling and ordering a special election to be held in said District on the 28th day of February,191i..9, for the object and purpose of submitting to the qualified electors of said District,the proposition of incurring a bonded debt in the amount of ~2,611J~,OOO.OO for the purposes stated in the said report of Vinton W.Bacon,which said resolution also stated the estimated cost of the proposed work,the amount of the principal of the indebtedness to be incurred therefor,and the proportional part of such indebtedness to be paid each and every year,and the rate of interest to be paid on said indebtedness and in said resolution prescribed the manner of holding said election and the manner of voting for or against incurring such indebtedness;and WHEREAS,upon completion by the Board of Directors of said Dis trict of the canvassing of the returns of said election,the said Board of Directors did,by resolution adopted on the 7th day of March,l9).~9, find,determine and declare that at said election more than two-thirds of the total votes cast were in favor of incurring such bonded indebted ness;and WHEREAS,all steps necessary to be taken and acts necessary to be performed in accordance with the provisiohs of said Act and all condi tions precedent .to the issuance by said District of bonds in the sum of $2,6t~4,OOO,OO,which are prescribed by law and have been fully complied with, NOW9 THEREFORE9 IT IS HEREBY FOUND9 DETERMINED AND ORDERED9 by this Board of Directors of County Sanitation District No0 1 of Orange County~ 1~That bonds of County Sanitation District No0 1 of Orange County in the sum of ~296141.9OOOOOO shall be issued in accordance with the provisions of said County Sanitation District Act9 as amended9 for the objects and purposes set forth in the said resolution calling said special election0 That said bonds shall be two thousand six hundred forty four (296L~)in number0 That all of said bonds shall be of the denomination of ~10OOc,OO and shall be numbered 1 to 296L~11.9 inclusive; that said bonds shall be designated and known as 10County Sanitation District No0 1 of Orange County Bonds9 Series l~9 and shall be dated July 19 191i.9;and that the maximum rate of interest to be paid on said bonds shall be six percent (6%)per annum and shall after the first year be payable semiannually on the first day of January and the first day of July of each year9 end for the first year shall be payable in one installment at the end of said year;that the principal and inter-C’ eat of the said bonds shall be payable in lawful money of the United States9 at the office of the ~‘oasurer of the County of Orange in the City of Santa Ana9 State of California0 2~That the bonds shall be numbered and mature as fo1lows~ Bonds Nos0 1 to 689 inclusive9 shall be payable July 19 1950 Bonds Nos0 69 to 136,inclusive9 shall be payable July 1,1951 Bonds Nos0 137 to 201i.,inclusive9 shall be payable July 19 1952 Bonds Nos0 205 to 2729 inclusive9 shall be payable July 19 195 Bonds Nos0 273 to 3110,inclusive9 shall be payable July 19 195 Bonds Nos0 3)4 to L1..08,inclusive,shall be pays~b1e July 19 1955 Bonds NOSo 11.09 to 11.76,inclusive9 shall be payable July 19 1956 Bonds Nos0 11.77 to ~14J4.,inclusive9 shall be payable July 19 1957 Bonds Nos0 Sii.5 to 6111.,inclusive,shall be payable July 19 1958 Bonds Nos0 615 to 6811.,inclusive9 shall be payable July 19 1959 Bonds Nos0 :685 to 75J~,inclusive9 shall be payable July 19 1960 Bonds Nos0 755 to 8211.,inclusive,shall be payable July 19 1961 Bonds Nos0 825 to 89)1.,inclusive9 shall be payable July 1,1962 Bonds Nos0 895 to 9611.9 inclusive9 shall be payable July 19 196 Bonds Nos0 965 to 103)4.,inclusive,shall be payable July 19 196 Bonds Nos0 1035 to 11014.,inclusive,shall be payable July 1,1965 Bonds Nos0 1105 to 117)1.,inclusive,shall be payable July 1,1966 Bonds Nos0 1175 to 121111.,inclusive9 shall be payable July 19 1967 Bonds Nos0 12)15 to 131)4.,inclusive9 shall be payable July 1,1968 Bonds Nos0 1315 to 13811.9 inclusive9 shall be payable July 19 1969 Bonds Nos0 1385 to 145)4.,inclusive,shall be payable July 19 1970 Bonds .Nos0 1L1.55 to 152)4.,inclusive,shall be payable July 19 1971 Bonds Nos0 1525 to 1591i.,inclusive9 shall be payable July 1,1972 Bonds Nos0 1595 to l661t.,inclusive9 shall be payable July 1,197 Bonds Nos0 16b5 to 173)1.,inclusive,shall be payable July 1,197 Bonds Nos0 1735 to 18OL~..,inclusive9 shall be payable July 1,1975 Bonds Nos0 1805 to 1871~.,inclusive,shall be payable July 1,1976 Bonds Nos0 1875 to 19141.9 inclusive9 shall be payable July 19 1977 Bonds Nos0 19)4.5 to 2OlIi..,inclusive,shall be payable July 1,-1978 Bonds Nos0 2015 to 20811.,inclusive,shall be payable July 1,1979 Bonds Nos0 2085 to 21511.,inclusive9 shall be payable July 1,1980 Bonds Nos0 2155 to 222)1.,inclusive,shall be payable July 1,1981 =2=~ C Bonds Nos.222~to 229I~,inclusive,shall be payable July 1,1982 Bonds Nos.229S to 23b~,inclusive,shall be payable July 1,198 Bonds Nos.2365 to 2Ii3l~,inclusive,shall be payable July 1,198 Bonds Nos.2L~35 to 25OI~,inclusive,shall be payable July 1,198S Bonds Nos.2505 to 2571k,inclusive,shall be payable July 1,1986 Bonds Nos.2575 to 26t~4,Inclusive,shall be payable July 1,1987 3 That said bonds shall be substantially in the following form: THE tTNITED STATES OF AMERICA,STATE OF CALIFORNIA SERIES NO.1 ~l,OOO.OO BOND OF COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,STATE OF CALIFORNIA County Sanitation District No.1 of Orange County,California,a district created and existing under and by virtue of the County Sanita tion District Act,now Chapter 3,Part 3,Division V of the Health and Safety Code of the State of California,for value received,hereby acknowledges itself Indebted and promises to pay to the bearer hereof on the first day of July i~19,at the Office of the County Treasurer of the County of Orange,In the City of Santa Ana,State of California, the sum of one thousand dollars in lawful money of the United States, with Interest thereon in like lawful money,at the rate of — ~erceat per annum,payable semiannually on the first day of January and the first day of July of each and every year from and after the date hereof, except that Interest for the first year shall be payable in one install ment at the end of said year at the s~id office of the County Treasurer of the County of Orange,on presentation and surrender of the interest coupons hereto attached,until this bond is fully paid. This bond Is one of a series of two thousand six hundred forty four bonds of like tenor and date,except as to maturity and except that the Interest rates thereof may differ,numbered respectively from 1 to 261j4,inclusive,amounting in the aggregate of two million six hundred forty four thousand dollars. This bond Is issued by the Board of Directors of County Sanitation District No.1 of Orange County,California,under the authority con ferred upon said Board by the provisions of said County Sanitation District Act,and by virtue of a two-thirds vote of the qualified voters of said district voting at an election duly called and held on the 28th day of February,191.i.9. IT IS HEREBY CERTIFIED,RECITED AND DECLARED,that said election was duly called,duly held and duly conducted and the notice thereof duly given and the returns thereof canvassed and declared in accordance with all the provisions of law relating thereto,and that all of the proceedings of the Board of Directors of County Sanitation District No. 1 of Orange County in the matter of the issuance of this bond were reg ular and In strict accordance with the provisions of said County Sani tation District Act and of the Constitution of the State of California. S It Is further declared that the Issue of bonds of which this bond is one Is the first issue of bonds of said County Sanitation District No. 1. -3- This bond is in the form prescribed by resolution of the Board of ~Directors of County Sanitation District No.1 of Orange County adopted on May 2~,19)49,and the money for the redemption of this bond and the payment of interest thereon shall be derived from an annual tax upon the real property in said district and all of the said property in said district shall be and remain liable to be taxed for such payments, IN WITNESS WHEREOF,the said Board of Directors of County Sanita tion District No.1 has caused this bond to be signed by its Chairman and countersigned by the Auditor of said district and the seal of said district to be affixed thereto,and the interest coupons attached here to to be signed by said Auditor by his engraved or lithographed facsimile signature,this lat day of July,l9I~..9. Chairman of the Board of Directors (SEAL)of County Sanitation District No.1 of Orange County Counters igned: Auditor of the County of Orange and ex—officlo Auditor of County Sanita tion District No.1 of Orange County L1...That coupons shall be attached to each of the said 26I~1~.bonds ~for the interest accruing thereon and that said interest coupons of said bonds shall be numbered consecutively,shall be signed by the Auditor of County Sanitation District No.1 of Orange County by his engraved or lithographed signature and shall be substantially in the following form: ORANGE COUNTY SANITATION DISTRICT NO.1 No. ______________ County Sanitation District No.1 of Orange County hereby promises to pay to the bearer hereof on the 1st day of ______________,19_,at the office of the County Treasurer of the County of Orange,in the City of Santa Ana,State of California,the sum of ~____________,in lawful money of the United States,being the _________ (annual or semiannual) interest then due on Bond No. ______ Series 1 of said District. Auditor of the County of Orange and ex-officio Auditor of County Sanitation District No.1 of Orange County. 5.That the Chairman of the Board of Directors of said County Sanitation District No.1 be,and he is hereby authorized and directed to sign all of said bonds and to affix thereto the seal of said dis trict,and the Auditor of said district be,and he is hereby authorized and directed to countersign said bonds,and to sign by his engraved or ~ lithographed signature the interest coupons of said bonds,and that said bonds when so signed and countersigned shall be delivered by said Auditor of said district to the Treasurer of said County,and shall by said Treasurer be delivered to such persons in such amounts and such -4- times as the Board of Directors of County Sanitation District No.1 shall determine and direct. 6.That the proceeds of the sale of said bonds shall be placed In the Treasury of the County of Orange to the credit of County Sanita tion District No.1 of Orange County,and all premiums and accrued interest received shall be paid into the fund to be used for the payment of principal and interest on the bonds,and the remainder of the pro ceeds of the sale shall be paid into the construction fund of the dis trict and shall be applied exclusively to the objects and purposes mentioned in the resolution of said Board of Directors of County Sani tation District No.1,adopted on January 26,19L~.9,calling the special election at which said bonds were voted. 7.That the Board of Directors shall annually,at least fifteen (15)days before the first day of the month in which the Board of Supervisors of Orange County Is required,by law,to levy the amount of taxes required by law for county purposes,furnish to said Board of Supervisors,a written statement of the amount necessary to pay the Interest on said bonds for that year and such portion of the principal thereof as is to become due before the time for making the next general tax levy and the said Board of Supervisors,in accordance with the duty imposed upon them by the provisions of said County Sanitation District Act,shall annually at the time and in the manner of levying other county taxes levy and cause to be collected,a tax upon the taxable real property in said County Sanitation District No.1 of Orange County, based upon the last equalized assessment roll of said county,suffi cient to pay the interest on said bonds for that year and such portion of the principal thereof as is to become due before the time for making the next general tax levy.Said tax shall be collected at the same time and In the same manner as the general tax levy for county purposes and when collected,shall be paid into the Treasury of said Orange County to the credit of said district and shall be used for the payment of the principal and Interest upon said bonds and for no other purpose. The principal and interest on said bonds shall be paid by the County Treasurer of Orange County in the manner now or hereafter provided by law f or the payment of principal and interest on the bonds of said county. AYES:DIRECTORS H.CARSON SMITH,C.M.FEATHERLY AND VIRGIL H.REED NOES:DIRECTORS NONE ABSENT:DIRECTORS NONE STATE OF CALIFORNIA 85 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 25th day of May l9I~.9,and passed by a Unanimous vote of said Board. IN WITNESS WHEREOF,I have hereunto set my hand this 25th day of Ma~,1 9L~9.~— Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California 95 The Secretary was instructed to publish the Notice Inviting Bids once in the Santa Ana Register and once in the Bond Buyer and to send copies of the Notice to various bond buyers throughout the country. General Manager Willis H.Warner submitted his resignation,to become effective by June 1,19)49.After filing the resignation with the Secretary,Mr.Warner retired from the meeting. Mr.Nelson Launer,President of the La Habra Sanitary District, was granted the floor to discuss State Senate Bill No.l6L~.Following a general discussion,it was agreed by all present that this Bill,as amended,should receive the support of the Sanitation District Boards. RE:SENATE A motion was made,duly seconded and unanimously BILL NO.l6t~.carried to go on record as favoring the adoption of Senate Bill No.l6li.(as amended to limit sanitary district representation on sanitation district boards to “those sanitary districts existing at the time of formation of the,san itation district”),and the Secretary was instructed to notify Senator Clyde A.Watson of this action by the Board of Directors. In the discussion relating to Senate Bill No.i61~,it was announced that opposition to the Bill was coming from Santa Cruz and Santa Clara Counties.Engineer Vinton W.Bacon was authorized to leave Immediately for Sacramento to first determine the exact location of and reasons for the opposition and then to visit those counties or areas to ~ further Investigate this matter and to attempt to gain support for the Bill.The District Boards were advised that the Board of Supervisors would approve county payment of expenditures Incurred by Mr.Bacon on this assignment. RE:RESIGNATION OF On motion of Director Featherly,seconded by GENERAL MANAGER Director Smith and unanimously carried,the AND RESOLUTION resignation of Willis H.Warner as General OF APPRECIATION Manager was accepted to become effective as of June 8,191j9,and the following Resolution was adopted: RESOLVED:That upon the resignation of Willis H.Warner as Gen eral Manager of County Sanitation Districts Nos.1,2,3,5,6,7,8 and 11 of Orange County,California,we,the Directors,do hereby express to him our sincere appreciation for his loyal services and co operation as General Manager and for his devotion and untiring efforts in promoting the Sanitation Districts of Orange County. RE:REPLACEMENT A motion wqs made,duly seconded and unanimously FOR MR.WARNER carried,directing the Steering Committee (con-. slating of the Chairmen of the eight District Boards)to make a report at the next regular meeting on a replacement for Mr.Warner. The Secretary read a communication from the State Department of Finance stating that the Allocation Board had approved the application for ~553,968.OO of State Chapter 20 funds for use on ‘ocean outfall construction. -6- 96 The Chairman declared the meeting djourned at 1 .P.M. Cha~jman,Board of Irectors CouiIty Sanitation District No.1 Orange County,California ATTEST: CHARLES A.SWEET Temporary Secretary,Board of Directors County Sanitation District No.1 Orange County,California -7-