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Home My WebLink AboutDistrict 05 Minutes 1950-10-04181 MINUTES OF MEETING OF BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.5 ORANGE COUNTY,CALIFORNIA October 4,1950 at 7:30 P.M. Conference Room County Sanitation Districts’Office Room 212,1104 West Eighth Street Santa Ana,California The Board of Directors of County Sanitation District No~5, pursuant to adjournment of the meeting on September 27,1950, met in the County Sanitation Districts’Offices,1104West Eighth Street at the hour of 7:30 P.M.,on October 4,1950. The meeting was called to order by Chairman Finch at 7:35 P.M. There were present:Directors Braden Finch (Chairman) and Ross Greeley. Absent:Director Irvin G.Gordon. Others present:Nelson M.Launer,Administrative Officer Nat H.Neff,Engineer E.J.Marks,Attorney C.Arthur Nisson,Jr.,Attorney Harry Ashton,Attorney Ora Mae Merritt,Secretary. RESOLUTION NO.48 The Board of Directors of County Sanitation District No.5 adopted the following Resolution No.48: RESOLUTION OF COUNTY SANITATION DISTRICT NO.5 FIXING AND DETERMINING COIv~ENSATI0N 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 countywide 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 11~2 representing the Joint Administrative Organization and County Sanitatibi~1 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 or more than $1,500. NG~1,THEREFORE,BE IT RESOLVED: That the fees of each of said attorneys,excepting O’Melveny &Myers and James L.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 interpretation of the limited participation agreements involving Districts 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. 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 Sanitatioh 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 eqch of said attorneys,excepting O’Melveny &Myers and James L.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 interpretation of the limited participation agreement involving Districts 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. 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 include 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 speci fied purpose shall be authorized to be paid in a sum not to exceed $5.00 per day. ~5.That mileage be authorized at the usual rate in connection with subject litigation. BE IT FURTHER RESOLVED that costs and expenses in connection with the above mentioned litigation be paid out of the Joint Administrative Fund of Districts Nos.1,2,3,5,6,7 and 11. .-9-- 1t33 The foregoing Resolution was introduced by Director Greeley who moved its adoption.This motion was seconded by Director Finch and was carried by the following vote: AYES:Directors Ross Greeley and Braden Finch. NOES:None. ABSENT:Director 1rvin G.Gordon. STATE OF CALIFORNIA ss. COUNTY OF ORANGE I,O~.A MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.5 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 4th day of October,1950. IN WITNESS ~HEREOF,I have hereunto set my hand this 9th day of October,1950. cT~/;~~~ Secretary of the Board of Directors of County Sanitation District No. 5 of Orange County,California. **** Mr.E.J.Marks led a general discussion on the proposed revised pages Nos.10,11,16,17 and 19 of the ~jse and Ultimate Purchase Agreement. Mr.Nisson and Mr.Ashton reported on the meeting of the Attorneys of the four cities and sanitary districts,which was held on October 3,1950 in the Conference Room of the County Sanitation Districts’Office. Mr.Marks expressed the opinion that the main issues in the proposed revised pages Nos.10,11,16,17 and 19 of the Use and Ultimate Purchase Agreement appear to be the date of possession,control and operation.He stated that matters of policy should be determined by the Directors of the Districts and that the attorneys could then prepare necessary documents. Mr.Nisson and Mr.Ashton concurred in this opinion. —3— Mr.Marks stated that the Board of Directors of Qounty Sanitation District No.1,by minute order of October 2,1950, had expressed the desire to call a meeting of the members of the Executive Committee to discuss the clarification of the wording of the Use and Ultimate Purchase Agreeiìaent. Director Finch expressed the opinion that County Sanitation District No.5 Board should defer action on the resolution approving the Use and Ultimate Purchase Agreement until a meeting of the Executive Committee had been held.\ The Board of Directors of County Sanitation District No.5 took no action on the proposed revisions of pages Nos.10,11, 16,17 and 19 of the Use and Ultimate Purchase Agreement. Mr.Nelson M.Launer used a large wall map in explaining the location of existing facilities and proposed new facilities in a general discussion on the County-wide sewerage program. A motion was made by Director Greeley,duly seconded and carried that this meeting be declared adjourned at 9:10 P.M. i%~-~ Chairman,~i~d ófilirectors County Sanitation District No.5 Orange County,California ATTEST: Ora~Mae Merritt,Temporary Sécretary Board of Directors County Sanitation District No.5 Orange County,California -4-