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Home My WebLink AboutDistrict 01 Minutes 1950-09-27I c~ ~. MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA September 27,1950 at ~:OO P.M. Board of Supervisors Room The Board of Directors of County Sanitation District No.1 met in regular session. The joint meeting of the district boards was called to order by Chairman Virgil H.Reed at ~:l5 P.M. There were present:Directors Virgil H.Reed (Chairman), Allen A.Mandy and C.M.Featherly. Absent:None. APPROVAL OF A motion was made,duly seconded and VOUCHER carried,approving for signature and DEMAND payment the Joint Administrative Warrant Register covering the following Voucher Demand: Voucher Demand •No.In Favor Of Amount JA-137 F.R.Harwood,Postmaster ~30.00 MINUTES OF MEETING A motion was made by Director Mandy, OF SEPTEMBER 13,1950 duly seconded and carried,approving the minutes of the September 13,1950 meeting,as mailed out. MINUTES OF SPECIAL A motion was made by Director Mandy, MEETING duly seconded and carried,approving the minutes of the Special Meeting of the Board of Directors of County Sanitation District No. 1,as mailed out. **** -1- I C. ADMINISTRATIVE 1”r.Nelson M.Launer,Administrative OFFICER’S Officer,reported that members of REPORT several District Boards had informed him they would require more time to discuss the contracts and suggested that special meetings be held for this purpose. Mr.Launer then called upon Mr.E.J.Marks for legal progress report. Mr.Marks reported as follows: 1.Agreement for Use and Ultimate Purchase and Joint Construction and Operation Agreement,with O’Melveny &Myers suggested revisions,were mailed to the Directors September 24,1950.These contracts,as now revised,are acceptable to the bond attorneys. 2.A letter had been received from Mr.Jess Larson, General Services Administrator,Washington,D.C., copy of which was mailed to the Directors on September 24,1950,expressing the opinion that there is no objection to the sale of facili~ties built in partwith W.P.A.Funds.The Honorable John Phillips,Representative,has been very co operative in aiding us in obtaining a decision. 3.O’Melveny &Myers advise that Sanitation District No.1 may act as the contracting agent only in those instances in which it has an interest in the facilities and work to be done.District No.1 will have to let its own contracts for its outfall;so will District No U;Districts 5 and 6 have joint as well as separate work. 4.The last revisions in the two contracts are very minor changes.However,the District Boards should take necessary time to inform themselves before acting.This regular meeting of each Board could be adjourned to a later date. The Administrative Officer called upon Mr.Nat H.Neff for an engineering progress report. Mr.Neff reviewed his letter covering engineering progress which was mailed to the Directors on September 24, 1950.He asked if any points in this letter needed clarifi cation. Director Mandy asked the cost to date of the survey authorized by Resolution No.5 on June 2~,1950;and why the survey had taken more time than set forth in the Resolution. —2— Mr.Neff stated the survey under Resolution No.5 had cost $240.00 to date;that the survey had not been completed due to delay in receiving further information from the U.S. Coast and Geodetic Survey and in getting information from oil companies and public utilities on underground obstructions; that no additional help had been employed,except the survey crew. **** RESOLUTION NO.45 The Board of Directors of County Sanitation District No.1 adopted the following Resolution No.45: RESOLUTION OF COUNTY SANITATION DISTRICT NO.ONE FIXING AND DETERMINING COMP~SATION AND EXPENSES TO BE PAID LEGAL COUNSEL IN CONNECTION WITH LITI GATION TO DETERMINE THE VALIDITY OF A LIMITED PARTICIPATION AGREEMENT UNDER WHICH CERTAIN DIS TRICTS VOTED BONDS FOR THE PROCUREMENT AND CON STRUCTION OF SEWERAGE FACILITIES. WHEREAS,the matter of interpreting the limited partici pation agreement under which County Sanitation Districts Nos. 2,3 and 7 have agreed to participate in a county wide sewerage development plan has arisen;and WHEREAS,the attorneys representing the proposed bond buyers deem that it is necessary to bring court proceeding to fix and determine the exact interpretation of the aforesaid limited participation agreements;and WHEREAS,attorneys E.J.Marks and Adrian Marks are the attorneys representing the Joint Administrative °rganization and County Sanitation Districts Nos.1,2,3,5,6,7 and 11;and WHEREAS,attorney C.Arthur Nisson,Jr.is the attorney specially representing County Sanitation District No.7;and WHEREAS,the aforesaid attorneys are preparing to bring a proceeding in the District Court of Appeal for the purpose of determining the validity and interpretation of the aforesaid limited participation agreements and for any other necessary purpose;and WHEREAS,it is necessary that the law firm of O’Melveny &Myers and James L.Beebe be employed as counsel therein and be paid the reasonable value of their services therein which will not be less than $1,000.00 or more than $1,500.00. —3— 1~8 NOW,THEREFORE,BE IT RESOLVED: 1.That attorneys E.J.Marks and Adrian Marks and C.Arthur Nisson,Jr.are authorized to bring a court proceeding in the name of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,California,for the purpose of securing an interpretation and exact meaning of that certain limited participation agreement under which County Sanitation Districts Nos.2,3 and 7 have agreed to participate in a countywide sewerage development plan,and for any other necessary purposes. 2.That the fees of each of said attorneys,excepting O’Melveny &Myers and James L.Beebe,be fixed at the sum of 4~l5O.OO per day for one day,or any part of a day,each attorney is in Court for the hearing of the propose litigation, the principal purpose of which is to determine the validity and interpretation of the limited participation agreement involving Districts Nos.2,3 and 7,or any one of them;and the attorney&fees of O’Melveny &Myers and James L.Beebe be fixed at the above mentioned figure for their services. 3.That attorney fees for preparation of pleadings and for the hearing shall be paid at the hourly rates heretofore authorized for the respective attorneys;this shall not in— dude the compensation for O’Melveny &Myers and James L.Beebe. 4.That the actual cost of lodging for said attorneys occasioned by their appearance at the District Court of Appeal for the hereinabove specified purpose shall be authorized to be paid in a sum not to exceed ~5.OO per day. 5.That mileage be authorized at the usual rate in con nection with the subject litigation. BE IT FURTHER RESOLVED that costs and expenses in con nection with the above mentioned litigation be paid outof the Joint Administrative Fund of Districts Nos.1,2,3,5, 6,7’and 11. The foregoing Resolution was introduced by Director Allen A.Mandy who moved its adoption.This motion was seconded by Director C.M.Featherly and was carried by the following vote: AYES:Directors Allen A.Mandy,C.M.Featherly and Virgil H.Reed. NOES:None. ABSENT:None. -4.- 1’~c• STATE OF CALIFORNIA ss. COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District Number One of Orange County, California,hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting there of held on the 27th day of September,1950. IN WITNESS WHEREOF,I have hereunto set my hand this 3rd day of October,1950. Secretary of the Boai~’d of Directors of County Sanitation District No. One of Orange County,California. A motion was made by Director Mandy,duly seconded and carried, declaring this meeting adjourned at 9:30 P.M.to Monday at 9:00 A.M.,October 2,1950,said.adjourned meeting to be held in Room 303,City Hall,Santa Ana,California. Chairm1~ñ,Board of Directoii CountyVSanitation District No.1 Orange County,California ATTEST: ORA MAE MERRITT,Temporary Secretary Board of Directors County Sanitation District No.1 Orange County,California —5—