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HomeMy WebLinkAboutDistrict 05 Minutes 1949-05-25C3 MINUTES OF MEETING OF BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA May 25,19L~9,at 8:00 P.M. Board of Supervisors Room The Board of Directors met in regular session. There were present:Directors Dick Drake (Chairman),and Irvin George Gordon.Absent:Director P~oss Greeley. The joint meeting was called to order by Chairman Willard Smith at 8:20 P.M. The Minutes of the meeting of May 11,l9Lt..9,were approved as read. RE:SALE OF On motion of Director Gordon,duly seconded BONDS and 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 ~7OO to Section 14.856,both inclusive,the Board of Directors of County Sanitation District No.5 of Orange County, created under said Act,did on the 26th day of January,19)4.9,by reso lution,adopt the report required by Section Ii7L~8 of said Act,of Vinton W.Bacon,Sanitation Engineer,filed in the office of the Board of Directors on December 22,1914.8;and WHEREAS,on the 26th day of January,19)4.9,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,19)4.9, 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 ~796,O0O.OO for the purposes stated in the said report of Vinton W. Bacon,which said resolution also stated the estimated cost of the pro posed 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 District of the canvassing of the returns of said election,the said Board of Directors did,by resolution adopted on the 7th day of March,19)49,find determine and declare that at said election more than two-thirds of the total votes cast were in favor of incurring such bonded indebtedness; and 84 WHEREAS,all steps necessary to be taken and acts necessary to be performed in accordance with the provisions of said Act and all conditions precedent to the Issuance by said District of bonds In the sum of ~796,OOO.OO,which are prescribed by law and have been fully complied with. NOW,TBEREFO~RE,IT IS HEREBY FOUND,DETERMINED AND ORDERED by this Board of Directors of County Sanitation District No.5 of Orange County: 1.That bonds of County Sanitation District No.5 of Orange County in the sum of ~796,OOO.OO shall be issued in accordance with the provisions of said County Sanitation District Act,as amended, for the objects and purposes set forth in the said resolution calling said special election.That said bonds shall be seven hundred ninety six (796)in number.That all of said bonds shall be of the denomi nation of ~l,OOO.OO and shall be numbered 1 to 796,inclusive;that said bonds shall be designated and known as “County Sanitation District No.5 of Orange County Bonds,Series 1,”and shall be dated July 1,1914.9;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 year,and f or the first year shall be payable in one Installment at the end of said year;that the principal and interest of the said bonds shall be payable In lawful money of the United States,at the office of the Treasurer of the County of Orange In the City of Santa Ana,State of California. 2.That the bonds shall be numbered and mature as follows: Bonds Bonds Bonds Bonds Bonds Nos. Nos. Nos. Nos. Nos. 21 14 61 81 ito to to to to 20, 14.0, 60, 80, 100, inclusive, inclusive, inclusive, inclusive, Inclusive, shall shall shall shall shall be be be be be payable payable payable payable payable July July July July July 1, 1, 1, 1, 1, 1950 1951 1952 195 195 Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Bonds Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Nos. 101 121 1)4 161 181 201 221 2)4 261 281 301 321 3)4 361 381 L~O1 )42l 1441 )461 to to to to to to to to to to to to to to to to to to to 120, 114.0, 160, 180, 200, 220, 214.0, 260, 280, 300, 320, 3)40, 360, 380, 14.00, 14.20, 1440, 14.60, )480, inclusive, inclusive, inclusive, inclusive, inclusIve, inclusive, Inclusive, inclusIve, Inclusive, Inclusive, inclusive, inclusive, Inclusive, Inclusive, InclusIve, inclusive, InclusIve, inclusive, inclusive, shall shall shall shall shall shall shall shall shall shall shall shall shall shall shall shall shall shall shall be be be be be be be be be be be be be be be be be be be payable payable payable payable payable payable payable payable payable payable payable payable payable payable payable payable payable payable payable July July July July July July July July July July July July July July July July July July July 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1955 1956 1957 1958 1959 1960 1961 1962 196 196 1965 1966 1967 1968 1969 1970 1971 1972 1973 —2— 65 Bonds Nos.Lj.81 to 500,inclusive,shall be payable July 1,197I~. Bonds Nos.501 to 520,inclusive,shall be payable July 1,1975 Bonds Nos.521 to ~)4.o,inclusive,shall be payable July 1,1976 Bonds Nos.5)4 to 560,inclusive,shall be payable July 1,1977 Bonds Nos,561 to 580,inclusive,shall be payable July 1,1978 Bonds Nos.581 to 600,Inclusive,shall be payable July 1,1979 Bonds Nos.601 to 620,inclusive,shall be payable July 1,1980 Bonds Nos.621 to 6L1o,Inclusive,shall be payable July 1,1981 Bonds Nos.614 to 660,inclusive,shall be payable July 1,1982 Bonds Nos.661 to 680,inclusIve,shall be payable July 1,198 Bonds Nos.681 to 700,inclusIve,shall be payable July 1,198 Bonds Nos.701 to 720,InclusIve,shall be payable July 1,1985 Bonds Nos.721 to 7)4.5,inclusIve,shall be payable July 1,1986 Bonds Nos.71~6 to 770,Inclusive,shall be payable July 1,1987 Bonds Nos.771 to 796,inclusive,shall be payable July 1,1988 3.That said bonds shall be substantially in the following form: THE UNITED STATES OF AMERICA,STATE OF CALIFORNIA SERIES NO.1 $1,000.00 BOND OF COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,STATE OF CALIFORNIA County Sanitation District No.5 of Orange County,California,a district created and existing under and by virtue of the County Sani tation 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,l9_,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___________ percent 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 Installment at the end of said year at the said 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 seven hundred ninety six bonds of like tenor and date,except as to maturity and except that the Interest rates thereof may differ,numbered respectively from 1 to 796,inclusive,amounting in the aggregate of seven hundred ninety six thousand dollars. This bond is issued by the Board of Directors of County Sanita tion District No.5 of Orange County,California,under the authority conferred 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,19L~9. -3— t-. 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 accord ance with all the provisions of law relating thereto,and that all of the proceedings of the Board of Directors of County Sanitation District No.5 of Orange County in the matter of the issuance of this bond were regular and in strict accordance with the provisions of said County Sanitation District Act and of the Constitution of the State of California.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.5. This bond Is in the form prescribed by resolution of the Board of Directors of County Sanitation District No.5 of Orange County adopted on May 25,l9L~9,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 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 Sani tation District No.5 has caused this bond to be signed by Its Chair man and countersigned by the Auditor of said district and the seal of said district to be affixed thereto,and the interest coupons attached hereto to be signed by said Auditor by his engraved or litho graphed facsimile signature,this first day of July,l9I~9. Chairman of the Board of Directors of County Sanitation District No.S of Orange County. (SEAL) •Countersigned: Auditor of the county of Orange and ex-officlo Auditor of County Sanita tion District No.5 of Orange County. Li..That coupons shall be attached to each of the said 796 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.5 of Orange County by his engraved or lithographed signature and shall be substantially in the following form: ORANGE COUNTY SANITATION DISTRICT NO.5 No._________________ County Sanitation District No.5 of Orange County hereby promises to pay to the bearer hereof on the 1st day of ,19 , at 67 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. Audit~or of the County of Orange and ex-officio Auditor of County Sanitation District No.5 of Orange County. 5.That the Chairman of the Board of Directors of said County Sanitation District No.5 be,and he is hereby authorized and directed to sign all of said bonds and to affix thereto the seal of said district,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 deliver ed 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 times as the Board of Directors of County Sanitation District No.5 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 Sani tation District No.5 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 proceeds of the sale shall be paid into the construction fund of the district and shall be applied exclusively to the objects and purposes mentioned in the resolution of said Board of Directors of County Sanitation District No.5,adopted on January 26,l9L~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.5 of Orange County,based upon the last equalized assessment roll of said county,sufficient 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 Lc8 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 pa~ni~ent of prin cipal and interest on the bonds of said county. AYES:DIRECTORS IRVIN GEO.GORDON AND DICK DRAKE NOES:DIRECTORS NONE ABSENT:DIRECTORS ROSS GREELEY STATE OF CALIFORNIA ss COUNTY OF ORANGE I,CHARLES A.SWEET,Secretary of the Board of Directors of County Sanitation District No.~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 2Sth day of May,1911.9,and passed by a unanimous vote of said Board members present. IN WITNESS WHEREOF,1 have hereunto set my hand this 2~th day of May,19149. ~g42~ Secretary of the Board of Directors of County Sanitation District No.~ of Orange County,California The Secretary was Instructed to publish the Notice Inviting Bids once in the Newport-Balboa Press 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 1,19149.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.i6L1..Follow ing a general discussion,it was agreed by all present that this Bill,as amended,should receive the support of the Sanitation District Boards. -6- b~i A motion was made,duly seconded and unani mously carried by Board members present,to go on record as favoring the adoption of Senate Bill No.16)4 (as amended to limit sanitary district representation on sanitation district boards to “those sanitary districts existing at the time of formation of the sanitation 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.16)4,it was announce( 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. On motion of Director Gordon,seconded by Director Drake and unanimously carried by Board members present,the resignation of Willis H.Warner as General Manager was accept ed to become effective as of June 8,19)49,and the following Resolution was adopted: RESOLVED:That upon the resignation of Willis H.Warner as Genera~ Manager of County Sanitation Districts Nos.1,2,3,~,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 cooperation as General Manager and for his devotion and untiring efforts in promoting the Sanitation Districts of Orange County. RE:REPLACEMENT A motion was made,duly seconded and unani FOR MR.WARNER mously carried by Board members present, directing the Steering Committee (consisting 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 ~53,968.OO of State Chapter 20 funds for use on ocean outfall construction. The Chairman declared the meeting adjourned at 10:20 P.M. ~ CHARLES A •SWEET Temporary Secretary,Board of Directors County Sanitation District No.5 Orange County,California RE:SENA~’E BILL NO.16)4 RE:RESIGNATION OF GENERAL MANAGER AND RESOLUTION OF APPRECIATION Chairman,Board o County Sanitation District No.5 Orange County,California —7-