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HomeMy WebLinkAboutDistrict 01 Minutes 1950-10-02T1INUTES OF MEETING OF BOARD OF DIR’~CTOi~S COUNTY S~NIT~TIOiT DISTRICT NO.1 ORiil~~GE COUNTY,CALIFORNIA October 2,1950 at 9:00 A.M~. Room 303,Cit~r Hall Santa Ana,California The Board of’Directors of County Sanitation District No.1, pursuant to adjournment,met in Room 303 of the City Hall,Santa Ana, California on October 2,1950 at the hour of 9:00 A.M. The meeting was called to order by Chairman Reed at 9:25 ~ There were present:Directors Virgil H.Reed (Chainnan), Allen ~.Mandy and C.N.Featherly. 2~bsent:None. RE:~TORDING OF Director Reed read the last line on ~~GRE2Ii.~NT FOR Page 10 of the Use and Ultimate Purchase US~AND Agreement: ULTIF’LiTE PURCHIISE fT that the actual cost of said capital investments and any others that may be made shall be added to the price to be paid by the County Sanitation Districts to the Cities and Sanitary Districts,and shall be apportioned among them in the proportions that each of them may have paid such costs. ‘The term,“capital investments,TT as used herein,shall mean the construction of any new facilities not contemplated and described in the ~n~ineor’s Reports made by Vinton D•. Bacon to the seven County Sanitation Districts,parties hereto, which Reports are dated the 22nd day of December,194~,and also any such facilities contemplated or described in any of said Reports which may be constructed and.paid for by said Cities and Sanitary Districts,or any of them.” Director Reed also read the last paragraph beginning on Page 16 and continuing on Page 17 of the Use and Ultimate Purchase Agreement: “That the possession of the existing facilities now owned by the four Cities and four Sanitary Districts and located South of ~llis avenue and Jest of the Santa ~na River in Orange County, California,shall be retained by,said Cities and Sanitary -1- 2Gi. Districts,and shall not pass to the Users until the Users have sold their bonds,constructed the new disposal plants and land and marine sections of the outfall sewer and have them in condition for operation to the extent that the new facilities,together with the existing facilities,can handle and dispose of the capacity of sewage contributed by the parties to this agreement,at which time said Cities and Sanitary Districts will execute and deliver to theCounty Sanitation Districts good and sufficient instruments giving them the right of use of said facilities and title to said personal property described in ~xhibit A and shall deliver possession thereof to the County Sanitation D:stricts,which shall thereafter have the collt:L’ol and operation thereof.” There followed a general discussion by board members present on these two paragraphs of the Use and Ultimate Purchase ligreement. Director Reed cited the Joint Outfall Sewer Districts’2-year expansion program as recoomended by Mr.Gillespie as an example of where facilities are being added and expanded,the cost of which will ultimately be paid for by the ~anitation Districts,yet the Sanitation Districts have no voice in the decisions as to the necessity of certain phases of the work,and which cannot be determined at this time as it has not been decided where the plant is to be located. Director Featherly asked I’Ir.E.J.Marks when possession would pass to the Sanitation Districts.Judge Marks referred to the last paragraph on Page 16 of the Use and Ultimate Purchase Agreement “.....the Users have sold their bonds,constructed the new disposal plant and land and marine sections of the outfall sewer and have them in condition for operation to the extent that the new facilities,together with the existing facilities,can handle and dispose of the capacity of sewage contributed by ~he parties to this ~greeinient Director i~iandy expressed the opinion that this paragraph should read “when the bonds are sold”rather than to “the extent that new facilities,together with existing facilities can handle and dispose of the capacity of se’vrage contributed by ~he parties to this agreement....” Director i~eed expressed tile opinion that there should be stipulated in the last paragraph on Page 16 of the Use arid Ultimate Purchase Agreement,a definite period of time,whether two weehs, a mont~,or six weeks fro~~ho time the bonds were sold until the County Sanitation iJistricts would assume supervision and responsibilityofexistingfacilities,new facilities and management thereof. —2— ~L2 Director Mandy stated that inasmuch as other County Sanitation District Boards of Directors had adjourned their regular meetings to other dates in order to consider these two contracts,it might be well to have the ~xecutive Committee meet and go over these points. A motion was made by Director Mandy,duly seconded and carried that Chairman Reed be requested to ask the Executive Committee to hold a meeting in order to discuss clarification of the wording of certain paragraphs of the Use and Ultimate Purchase agreement as it had been submitted to County Sanitation District No.1 Board of Directors and report to them the conclusions and recommendations of the ~xecutive Committee. ~motion was made by Director Mandy,duly seconded and carried that’the meeting be declared adjourned at 10:00 A.M. Chaii(~’an,Board of Directors Coun~r Ganitatioo District ~o.1 Orange County,California 1~TTJST: Ora Mae Merritt,Ter~porary secretary Board of Directors County Sanitation District No.1 Orange County,California R~:CL.ai~IFIC2~TI0N OF ;iOADI~G OF USE d1D ULTI1ITE PUR C i-L SE AGRL~MEN T -3-..