HomeMy WebLinkAboutDistrict 07 Minutes 1950-09-19-~
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MINUTES OF THE SPECIAL MEETING
OF THE BOARD OF DIRECTORS
OF ORANGE COUNTY,CALIFORNIA
September 19,1950 at 7:30 P.M.
CONFERENCE ROOM
COUNTY SANITATION DISTRIQT.S.’OFFICES
1104 West Eighth Street
Santa Ana,California
Pursuant to a call for a special meeting,made by Chairman
Vincent L.Humeston,and notice duly mailed to each Director on the
14th day of September,1940,a special meeting of the Board of Dir
ectors of County Sanitation District No.7 was held at 7:30 P.M.,
in the Conference Room of County Sanitation Districts’Offices,
Room 212,1104 West Eighth Street,Santa Ana,California,on the
19th day of September,1950.
There were present:Directors Vincent L.Hunieston (Chairman),
Willard Smith and Virgil H.Reed.
Absent:Director Irvin G.Gordon.
The meeting was called to order by Chairman Hunieston at 7:35 P.M.
JOINT ADMINISTRATIVE A motion was made by Director Smith,duly
WARRANT REGISTER seconded and carried,approving for sign
ature and payment the following Joint
Administrative Voucher Demands:
Voucher
Demand
In Favor Of Amount
JA-100 The A.Lietz Co.$29.45
101 E.J.Marks and Adrian Marks 437.50
102 Orange County Blueprint Shop EL41
103 City of Santa Ana 90.93
104 The Pacific Telephone &Telegraph Co.50.05
105 State Compensation Insurance Fund 100.00
106 Nat H.Neff 9.52
107 Charles A.Sweet 20.55
108 Dennis Printers and Stationers 15.12
109 F.R.Harwood,Postmaster 30.00
110 Jack S.Raub 240.00
$l~,O31 .
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A motion was made,by Director Smith,
duly seconded and carried,approving
for signature and payment the following
Joint Administrative Voucher Demands:
Voucher
Demand
No.
JA-133
134
135
136
OPERATING FUND
WARRANT REGISTER
DISTRICT NO.7
Amount
~4.3.30
90.93
632.64
2 •31
~7b9.~L8
A motion was made by Director Reed,duly
seconded and carried,approving for
signature and payment District No.7
Operating Fund Warrant Register covering
the following Voucher Demands:
In Favor Of Amount
C.Arthur Nisson,Jr.~42.00
A motion was made by Director Reed,duly
seconded and carried,approving for
signature and payment District No.7..
Operating Fund Voucher Demands:
Voucher
Demand
No.In Favor Of Amount
$40.60
63.60
11.50
2E~.37
$144.07
JOINT ADMINISTRATIVE
WARRANT REGISTER
I t)
In Favor Of
The Pacific Telephone &Telegraph Co.
City of Santa Ana
E.J.Marks and Adrian Marks
McFadden Dale Hardware Co.
Voucher
Demand
No.
7-1~
0P~RATING FUND
WARRANT REGISTER
DISTRICT NO.7
7-19
7-20
7—21
7-22
Virgil H.Reed
Vincent L.Humeston
Irvin G.Gordon
Willard Smith
MINUTES OF MEETING
AUGUST 23,1950
A motion was made by Director Smith,duly
seconded and carried,approving minutes
of the August 23,1950,as mailed out.
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177
REPEALING RESOLUTION After a general discussion by board
DATED MAY 25,191+9.members present,the following
Resolution was adopted:
RESOLUTION NO.3~
RESOLUTION OF THE BOARD OF DIRECTORS OF SANITATION
DISTRICT NO.7 OF THE COUNTY OF ORANGE,STATE OF
CALIFQ~NIA,REPEALING RESOLUTION DATED MAY 25,1949,
AUTHORIZING ISSUANCE OF BONDS IN THE SUM OF FOUR
HUNDRED AND EIGHTY-EIGHT THOUSAND (~4.~,OOO.OO)
DOLLARS
September 19,1950
On motion of Director Virgil H.Reed,duly seconded
and carried,the following Resolution was adopted:
WHEREAS,certain insurmountable difficulties and
details connected with the selling and issuing of the bonds
of County Sanitation District No.7 of Orange County have
caused extended delays in their issuance and the selling of
said bonds;and
WHEREAS,the best interests of this District will be
served by repealing that certain Resolution bearing the date
of May 25,1949,calling for the issuance of said District
Bonds:
NOW,THEREFORE,IT IS HEREBY FOUND,DETERIVaNED AND
ORDERED,by this Board of Directors of County Sanitation
District No.7 of Orange County,California,that that
certain Resolution of this Board,bearing the date of May
25,1949,the subject matter of which deals with the
authorization and issuance by said District of bonds of
County Sanitation District No.7 of Orange County,in the
sum of Four Hundred and Eighty-eight Thousand (~48~,OOO.OO)
Dollars,be and the same hereby is repealed and made
innefective as of the date of this Resolution.
AYES:Directors Virgil H.Reed,Willard Smith and
Vincent L.Humeston.
NOES:None.
ABSENT:Director Irvin G.Gordon.
—3—
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
I,ORA MAE I~RRITT,Secretary of the Board of Directors of County
Sanitation District No.7 of Orange County,California,hereby certify
that the above and foregoing Resolution was duly and regularly adopted
by said Board at a meeting thereof held on the 19th day of September,
1950.
___~
t~yot~i~oi?dofDiri~ors
of County Sanitation District No.7
of Orange County,California
AUTHORIZING ISSUANCE After a general discussion by board members
OF BONDS present,the following Resolution was
adopted:
RESOLUTION NO.39
RESOLUTION OF THE B0J~RD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF THE COUNTY OF ORANGE,
STATE OF CALIFORNIA,AUTHORIZING THE ISSUANCE OF
DISTRICT BONDS IN THE SUM OF FOUR HUNDRED AND
EIGHTY-EIGHT THOUSAND (~488,OOO.OO)DOLLARS.
September 19,1950
On motion of Director Virgil H.Reed,duly seconded and
carried,the following Resolution was adopted:
WHEREAS,in accordance with the provisions of the County
Sanitation District Act,now Chapter 3,Part 3,Division V of
the Health and Safety Code,Section 4700 to Section 4856,both
inclusive,the Board of Directors of County Sanitation District
No.7 of Orange County,created under said Act,did on the 26th
day of January,1949,by resolution,adopt the report required
by Section 4748 of said Act,of Vinton W.Bacon,Sanitation
Engineer,filed in the office of the Board of Directors on
December 22,1948;and
WHEREAS,on the 26th day of January,1949,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,1949,for the object and purpose of sub
rnitting to the qualified electors of said District,the proposition
of incurring a bonded debt in the amount of ~488,OOO.OO for the
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purposes stated in the said report of Vinton W0 Bacon,which
said resolution also stated the estimated.cost of the proposed
work,the amount of the principal of the indebtedness to be
incurred therefor,and the proportional part of such indebted.~
ness 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,1949,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
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 ~4~,OOO.OO,which are prescribed by law
and have been fully complied with,
NOW,THEREFORE,IT IS HEREBY FOUND,DETERMINED ~~ND ORDERED,
by this Board of Directors of County Sanitation District No.7
of Orange County:
1.That bonds of County Sanitation District No.7 of
Orange County in the sum of $4~,0OO.00 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 four hundred eighty eight (4~)in number,
That all of said bonds shall be of the denomination of 1~1OOO,OO
and shall be numbered 1 to 4~,inclusive;that said bonds
shall be designated and known as “County Sanitation District
No.7 of Orange County Bonds,Series 1”,and shall be dated
October 1,1950;and that the maximum rate of interest to be
paid on said bonds shall be three percent (3%)per annum and
shall after the first year be payable ~n:~.1iy on ~ho
~i’c~•~iay ~f April and the first day of October of each year,
and for 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:
5.~
£U
Bonds Nos.1 to 13,inclusive,shall be payable October 1,1951;
Bonds Nos.i/i-to 26,inclusive,shall be payable October 1,1952;
Bonds Nos.27 to 39,inclusive,shall be payable October 1,1953;
Bonds Nos.40 to 52,inclusive,shall be payable October 1,1954;
Bonds Nos.53 to 65,inclusive,shall be payable October 1,1955;
Bonds Nos.66 to 7~,inclusive,shall be payable October 1,1956;
Bonds Nos.79 to 91,inclusive,shall be payable October 1,1957;
Bonds IJos.92 to 104,inclusive,shall be payable October 1,195~
Bonds Nos.105 to 117,inclusive,shall be payable October 1,1959;
Bonds Nos.ll~to 130,inclusive,shall be payable October 1,1960;
Bonds Nos.131 to 143,inclusive,shall be payable October 1,1961;
Bonds Nos.144 to 156,inclusive,shall be payable October 1,1962;
Bonds Nos.157 to 169,inclusive,shall be payable October 1,1963;
Bonds Nos.170 to 1~2,inclusive,shall be payable October 1,1964;
Bonds Nos.1~3 to 195,inclusive,shall be payable October 1,1965;
Bonds Nos.196 to 2O~,inclusive,shall be payable October 1,1966;
Bonds Nos.209 to 221,inclusive,shall be payable October 1,1967;
Bonds Nos.222 to 231+,inclusive,shall be payable October 1,l96~
Bonds Nos.235 to 247,inclusive,shall be payable October 1,1969;
Bonds Nos.24~to 260,inclusive,shall be payable October 1,1970;
Bonds Nos.261 to 273,inclusive,shall be payable October 1,1971;
Bonds Nos.274 to 2a6,inclusive,shall be payable October 1,1972;
Bonds Nos.2~7 to 299,inclusive,shall be payable October 1,1973;
Bonds Nos.300 to 312,inclusive,shall be payable October 1,1974;
Bonds Nos.313.tc 325,inclusive,shall be payable October 1,1975;
Bonds Nos.326 to 33~,inclusive,shall be payable October 1,1976;
Bonds Nos.339 to 351,inclusive,shall be payable October 1,1977;
Bonds Nos.352 to 364,inclusive,shall be payable October 1,197~
Bonds Nos.365 to 377,inclusive,shall be payable October 1,1979;
Bonds Nos.37~to 390,inclusive,shall be payable October 1,l9~0;
Bonds Nos.391 to 404,inclusive,shall be payable October 1,l9~l;
Bonds Nos.405 to 41~,inclusive,shall be payable October 1,l9~2;
Bonds Nos.419 to 432,inclusive,shall be payable October 1,l9~3;
Bonds Nos.433 to 446,inclusive,shall be payable October 1,l9~1÷;
Bonds Nos.447 to 460,inclusive,shall be payable October 1,19~5;
Bonds Nos.461 to 474,inclusive,shall be payable October 1,19~6;
Bonds Nos.1~75 to 4~,inclusive,shall be payable October 1,19~7~
3.That said bonds shall be substantially in the following
form:
THE UNITED STATES OF AMERICA,STATE OF CALIFORNIA
SERIES NO.1 ~1,OOO.OO
BONDS OF COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY,STATE OF CALIFORNIA.
County Sanitation District No.7 of Orange County,California,
a district created and existing under and by virtue of the County
Sanitation District Act,now Chapter 3,Part 3,Division V of the
—6—
1 ~.1
Health and Safety Code of the State of California,for value
received,hereby acknowledges itself indebted and promises to pay
to the bearer therof on the first day of October,19 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 _______per cent per annum,payable
semi-annually on the first day of April and the first day of October
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 four hundred eighty eight bonds
of like tenor and date,except as to maturity and except that the
interest rates thereof may differ,numbered respectively from 1 to
1+~J~,inclusive,amounting in the aggregate of four hundred eighty
eight thousand dollars.
This bond is issued by the Board of ~Directors of County
Sanitation District No.7 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,1949.
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.7 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 oonds
of which this bond is one is the first issue of bonds of said County
Sanitation District No.7.
This bond is in the form prescribed by resolution of the Board
of Directors of County Sanitation District No.7 of Orange County
adopted on September 19
,1950,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 the said property in said district shall be and remain liable to
be taxed for such payments.
IN WITNESS ~JHEREOF,the said Board of Directors of County
Sanitation District No.7 has caused t~’iis bond to be signed by its
Chairman 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 lithographed facsimile signature,this 1st day of October
,195 0
—7—
o the B
~~~Dirt~tos
of County Sanitation District No.7
of Orange County.
Countersigned:
Auditor of the Countyof Orangea~id~
ex-officio Auditor of County Sanita
tibn District No.7 of Orange County
4.That coupons shall be attached to each of the said 4~bonds
for the interest accruing thereon and that said interest coupons of
said bonds shall be numbered consecutively,shall be signed by the
Auditor ol’County Sanitation District No.7 of Orange County by his
engraved or lithographed signature and shall be substantially in the
following form:
ORANGE COUNTY SANITATION DISTRICT NO.7 No.
County Sanitation District No.7 of Orange County hereby promises
to pay to the bearer hereof on the 1st day of
_____________,19
at 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.
~uditor of the County of Orange and
—
ex-officio Auditor of C01~fty Sanita~
tion District No.7 of Orange County.
5.That the Chairman of the Board of Directors of said County
Sanitation District No.7 be,and he is hereby authorized and
directed to sign all 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
delivered by said Auditor of said district to the Treasurer of said
County,snd shall by said Treasurer be delivered to ~uc}~pE’r~o~s i~
such amounts and such times as the Board of Directors of County
Sanitation District No.7 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 Sanitation District No.7 of Orange County,and all premiums
SEAL
I (~)
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-~.LI
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~plied exclusively
to the objects and purposes mentioned in the resolution of said
Board of Directors of County Sanitation District No.7,adopted on
January 26,1949,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 f or 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 prinOipal 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 arid cause to be collected,a tax upon the tax
able real property in said County Sanitation District No.7 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 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 for the payment of principal and interest on the bonds of
said county.
AYES:Directors Virgil H.Reed,Willard Smith and Vincent
L.Humeston.
NOES:None.
ABSENT:Director Irvin G.Gordon.
—9-
.!..~J :)
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.7 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 19th day of September,1950.
IN WITNESS WHEREOF,I have hereunto set my hand this 25th
day of September,1950.
~~~
Secretary of t1~ie Board of Directors
of County Sanitation District No.7
of Orange County,California
‘.-*•_.I_
-~~i-•1~
RE:FIXING COMPENSATION After a general discussion by board members
FOR LEGAL COUNSEL IN present,the following Resolution was
LIMITED PARTICIPATION adopted:
LITIGATION
RESOLUTION NO.50
RESOLUTION OF COUNTY SANITATION DISTRICT NO.7
FIXING AND DETERMINING COMPENSATION AND EXPENSES
TO BE PAID LEGAL COUNSEL IN CONNECTION WITH
I~IGATION TO DETERMINE THE VALIDITY OF A LIMITED
PARTICIPATION AGREEMENT UNDER WHICH CERTAIN
DISTRICTS VOTED BONDS FOR THE PROCUREMENT ~ND
CONSTRUCTION OF SE~ITERAGE 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 proceedings
to fix and determine the exact interpretation of the af ore
said limited participation agreements;and
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WHEREAS,attorneys E.J.Marks and Adrian Marks
are the attorneys representing the Joint Administrative
Organization 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,Harry Ashton is the attorney specially repre~
senting County Sanitation Districts Nos.5 and 6;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 aiore~
said limited participation agreements and for any other
necessary purpose;and
WHEREAS it is necessary that the law firm of O’Melveny
&Myers and dames L.Beebe be employed as counsel therein
and be paid the reasonable value of their services therein
which will not be less than ~l,000.00 or more than *l,500~00.
NOW,TI~REFORE,BE IT RESOLVED:
That the fees of each of said attorneys,excepting
Q’Melveny &Myers and James L.Beebe,be fixed at the sum of
*150.00 per 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.
2.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.
3.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 *5.00 per day.
4.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
Administrative Fund of Districts Nos.1,2,3,5,6,7 and 11.
~11-
The foregoing Resolution was introduced by Virgil
H.Reed,who moved its adoption.This motion was seconded
by Director Willard Smith and was carried by the following
vote:
AYES:Directors Virgil H.Reed,Willard Smith and Vincent L.
Humeston.
NOES:None
ABSENT:Director IrvinG.Gordon
I,ORA VAE MERRITT,Secretary of the Board of Directors of County
Sanitation District No.7 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 19th day of September,
1950.
IN WITNESS WHEREOF,I have hereunto set my hand this 25th day of
i
September,1950.
(i~~~
Secretary of the Board7of Director~~
of County Sanitation District No.
7 of Orange County,California
****
Upon motion of Director Reed,duly seconded and carried,the Special
~eting of County Sanitation District No.7 adjourned at 8:55 P.M.
Cha~irman,Board of irectors of
County Sanitation District No.7
Orange County,California
•~C’i2
~i U
STATE OF CALIFORNIA
COUNTY OF ORANGE
ss.
)
~TTEST:
k~~2~S2etarr~’
ae Merritt
oard of Directors of County Sanitation District No.7
range County,California
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