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HomeMy WebLinkAboutDistrict 07 Minutes 1950-09-19-~ Llj 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 . -.1— 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. -2-. 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 -4-- 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 (~) - -~.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 -10- 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 -12-