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Home My WebLink AboutDistrict 02 Minutes 1950-10-06‘87 MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.2 ORANGE COUNTY,CALIFORNIA October 6,1950 at 7:30 P.M. Council Chambers,City Hall Anaheim,California Pursuant to a call for a special meeting made by Chairman Boriey and notice duly mailed to each Director on the 2~th day of September, 1950,a special meeting of the Board of Directors of County Sani tation District No~2 was held at 7:30 P.M.in the Council Chambers, City Hall,Anaheim,California. Chairman Boney called the meeting to order at 7:35 P.M. There were present:Directors Robert H.Boney (Chairman), Don B.Haiber,Ralph J.McFadden,~ Charles Stevens,~Wi1lis H.Warner, William Hirstein,Anton W.Wilson and Willard Smith. Absent:Directors Hugh W.Warden and Frank J.Schweitzer. Others present:Nelson M.Launer,Administrative Officer Nat H.Neff,Engineer Albert Launer,Attorney Walter Chaffee~,Attorney Preston Turner,Attorney E.J.Marks,Attorney David French,Attorney Claude M.Owens,Attorney Ora Mae Merritt,Secretary RESOLUTION NO.46 The Board of Directors of County Sani tation District No.2 adopted the following Resolution No1 46 RESOLUTION OF COUNTY SANITATION DISTRICT NO.TWC FIXING AND DETERMINING COMPENSATION AND EXPENSES TO BE PJUD LEGAL COUNSEL IN CONNECTION WITH LITI GATION TO DETERMINE THE VALIDITY OF A LIMITED PARTICIPATION AGREEMENT UNDER WHICH CERThIN DIS TRICTS VOTED BONDS FOR THE PROCUREMENT AND CON STRUCTION OF SEWERAGE FACILITIES. —1— 1~8 WHEREAS,the matter of interpreting the limited partici. pat.ion agreement under which County Sanitation Districts Nos. 2,3 and 7 have agreed to participate in a countywide sewerage development plan has arisen;and WHEREAS,the attorneys representing the proposed bond buyers deem that,it is nècessàry 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 Organization and County Sdnitation 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’Mel.vany &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. NOW.,THEREFORE,BE IT RESOLVED: 1.That attorneys E.J.Marks and Adrian Marks and C. Arthur Nisson,Jr.are authorized tobring a court proceeding in the name of County Sanitation Districts Nos,1,2,3,5,6,7 and 11 of Orange County,galifornia.,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,andfor anyother necessary purposes. 2..That the fees of each of said attorneys,excepting O’Melveny &Myers and JamesL.Beebe,be fixed at the sum of $150.00 per day for one day,or any part of a day,each attorney is in Court for the hearing of the proposed litigation,the principal purpose of which is to determine the validity and inter pretation of the limited participation agreement involving Dis tricts Nos.2,3 and 7,or any one of them;and the attorneys’ fees of O’Melveny &Myers and James L.Beebe be fixed at the above mentioned figure for their services. —2— 189 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 iPclude 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 connection with the subject litigation. BE IT FURTHER RESOLVED that costs and expenses in connection with the above mentioned litigation be paid’out of the Joint Aministrative Fund of Districts Nos.1,2,3,5,6,7 and 11. The foregoing Resolution was introduced by Director Stevens who moved its adoption.This motion was seconded by Director Hirstein and was carried by the following vote: AYES:Directors’Charles E.Stevens;William H.Hirstein,Don B.Haiber,Ralph J.McFadden,Willis H.Warner,Anton W.Wilson and Robert Fl.Boney. NOES:None. ABSENT:Directors Hugh W.Warden,Willard Smith and Frank J. Schweitzer. STATE OF CALIFORNIA 55. COUNTY OF ORANGE ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.Two of Orange County,California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting thereof held on the 6th day of October,1950. IN WITNESS WFIEREOF,I have hereunto set my hartd this 13th day of October,1950. Secretary of the Board of,Directots. of County Sanitation District No. Two of Orange County,California —3— lEO Mr.E,J.Marks and Mr.Preston Turner led a general discussion on the proposed Uae and Ultimate Purchase Agreement,.as approved by~ the bond attorneys;and the suggested revisions on pages Nos.10, 11,16.,17 and 19. Mr.Marks stated the only change between the original drafted Agreement of Sale and Purchase and the present Use and Ultimat.e Purchase Agreements was occasioned by the fact that it had not then been established that the cities and sanitary districts had the legal right to sell facilities built in part with Federal funds.Mr.I’Iarks stated further that the proposed revisions on Pages Nos.10,11,16,17 and 19 were suggested by the Directors of County Sanitation Districts No.1 and were mailed tO the Directors of all of the Districts as the views of District No.1. Mr.Turner discussed the wording in several parts of the Use and Ultimate Purchase Agreement,whereby the meaning might be construed to mean use rather than ownership of facilities, Mr.Walter Chaffee suggested that the main issues of the proposed revisions be out1ined~that the Directors could then determine policy and the attorneys would be in a position to work out the proper wordingof the documents.Mr.Marks and Mr.Turner concurred in this opinion. Mr.Marks stated the main issues in the proposed revisions on pages Nos.10,11,16,.17 and 19 of the Use and Ultimate Purchase Agreement appear to be date of possession,control and operation. After a general discussion of the proposed revisions by Board members present,a motion was made by Director Warner,duly seconded and carried,that the Chairmen of Districts Nos.2 and 3 be directed to meet with the Directors of County Sanitation District No.1 for further discussion and clarification of the proposed revisions on pages Nos.10,11,16,17 and 19 of the.Use and Ultimate Purchase Agreement and after such meeting report to their respective Boards any recommendations they may have. A motion was made by Director McFadden,duly seconded and carried, that the meeting be declared adjourned at 9:35 P.M. /_______________ ~&~rman,Board of Directors /~ ATTEST:County Sanitation District No.~ Orange County,California I Temporary Secretary,Board of Directors County Sanitation District No.2 Orange County,California —4-