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
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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.
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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.
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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
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