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Home My WebLink AboutDistrict 07 Minutes 1950-10-11i~o MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.7 ORANGE COUNTY,CALIFORNIA October 11,1950 at ~:OO P.M. Board of Supervisors’Room Santa Ana,California The Board of Directors of County Sanitation District No.7 met in regular session. The joint meeting of the District Boards was called to order by Chairman Reed at ~:O0 P.M. There were present:Directors Vincent L.Humeston (Chair man),VirgilL Reed and Willard Smith. Absent:Director Irvin G.Gordon. Others present:Nelson M.L~uner,Administrative Officer Nat H.Neff,Engineer E.J.Marks,Attorney C.Arthur Nisson,Jr.,Attorney Ora Mae Merritt,Secretary APPROVAL ~OF A motion was made by Director Reed, VOUCHER DEMAND duly seconded and carried,approving for signature and payment the following Joint Administrative Voucher Demands: Voucher Demand No.In Favor Of Amount JA-142 Pacific Telephone &Telegraph Co.$3~.6O 143 City of Santa Ana 90.93 144 E.J.Marks and Adrian Marks 712.50 145 Ora Mae Merritt ~.55 146 Orange County Blueprint Shop 147 Bales Office Equipment 2~.9a 14.8 Dennis Printers &Stationers 50.00 ~938.39 OPERATING FUND A motion was made by Director Reed, WARRANT REGISTER duly seconded and carried,approving for signature and payment District No.7 Operating Fund Warrant Register covering the following Voucher Demand: Voucher Demand No.In Favor Of Amount 7-23 C.Arthur Nisson,Jr.$85.75 -1-- 13~L Mr.E.J.Marks led a general discussion on the oath of allegiance for civil defense workers and public employees.He expressed the opinion that an oath should be taken by all officers and employees for each County Sanitation District they represent; and the Joint Administrative personnel should take the oath f or that organization,as well as an oath for each of the eight Districts. OATH OF The Board of Directors of County Sani ALLEGIANCE tation District No.7 adopted the fol lowing Resolution: RESOLUTION NO.53 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER SEVEN PROVIDING FOR FILING THE OATH REQUIRED IN ASSEMBLY BILL NUMBER 61,ENTITLED, “AN ACT TO ADD CHAPTER ~TO DIVISION 4, TITLE 1,OF THE GOVERNMH~JT CODE,RELATING TO AN OATH OR AFFIRMATION OF ALLEGIANCE FOR CIVIL DEFENSE WORKERS AND PUBLIC EMPLOYEES,DECLARING THE URGENCY THEREOF, TO TAKE EFFECT fl~’llvIEDIATELY. The Board of Directors of County Sanitation District Number Seven does resolve as follows: SECTION I.That the oath or affirmation of allegiance for civil defense workers and public employees,required by Chapter ~,Division 4,Title 1,of the Government Code of the State of California,shall be taken by all officers and employees of County Sanitation District Number Seven,in accordance with the provisions of said Act. SECTION II.An original of said oath shall be filed with the Secretary of County Sanitation District Number Seven,and a duplicate original thereof shall be filed with the Secretary of the Joint Administrative Organization. SECTION III.The General Manager or the Secretary of the Joint Administrative Organization shall certify to each payroll thereof that each civil defense worker or public employee,as defined in said Act,has taken such oath’or affirmation set for therein, —2— 1 S 2 The foregoing Resolution was introduced by Director Reed,who moved its adoption,which motion was seconded by Director Smith,and carried by the following vote: AYES:Directors Virgil H.Reed,Willard Smith and Vincent L.Hu.meston. NOES:None. ABSENT:Director Irvin G.Gordon. RESOLUTION NO.52—a The Board of Directors of County Sani tation District No.7 adopted the following Resolution: RESOLUTION NO.52-a RESOLUTION OF COUNTY SANITATION DISTRICT NO.7 REPEALING RESOLUTION NO.50. WHEREAS,there has been a change in the plan proposed for the payment of attorney’s fees and expenses in con nection with~litigation to determine the validity of a limited participation agreement which is the subject Of Resolution No.50 of County Sanitation District No.7;and WF~EREAS,the best interests of County Sanitation Distridt No.7 indicate that the repeal of Resolution No.50 is advisable;I NOW,THEREFORE,BE IT RESOLVED: That Resolution No.50 entitled “Resolution of County Sanitation District No.7 Fixing and Determining Compensa tion and Expenses to be Paid Legal Counsel in Connection with Litigation to Determine the Validity of a Limited Participation Agreement Under ~Vhich Certain Districts Voted Bonds for the Procurement and Construction of Sewerage Facilities”be and hereby is repealed as of October 11, 1950. The foregoing Resolution was introduced by Director Smith who moved its adoption.This motion was seconded by —3— U Director Reed and was carried by the following vote: AYES:Directors Willard Smith,Virgil H.Reed and Vincent L.Humeston, NOES:None. ABSENT:Director Irvin G.Gordon. 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 11th day of 0ctober,1950. IN WITNESS WHEREOF,I have hereunto set my hand this 16th day of October,1950. c~z~~2~ Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California. RESOLUTION NO.52-b County Sanitation District Board No.7 adopted the following Resolution: RESOLUTION NO.52-b RESOLUTION OF COUNTY SANITATION DISTRICT NO.7 FIXING AND DETERMINING COMPENSATION AND EXPENSES TO BE PAID LEGAL COUNSEL IN CONNECTION WITH LITI GATION TO DETERMINE THE VALIDITY OF A LIMITED PARTICIPATION AGREEMENT UNDER ~/HICH CERTAIN DIS TRICTS VOTED BONDS FOR THE PROCUREMENT AND CON STRUCTION OF SEWERAGE FACILITIES. WHEREAS,the matter of interpreting the limited par ticipation agreement under which County Sanitation Districts Nos.2,3 and 7 h..~ve 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 aforesaid limited participation agreements;and -J -4- 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,the aforesaid attorneys are preparing to bring a proceeding in the District Court of Appeal for the purpose of determining the validity an 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 ~l,OOO or more than $l,5000. N~,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 ~15O.OO 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 Sanitation Districts No~s.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 1limited 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 each of said attorneys,excepting O’Melveny &Myers and James L.Beebe,be fixed at~~of ~l5O.OO 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 compen~ation for O’Melveny &Myers and James L.Beebe. 4.That the actual cost of lodging for said attorneys occasioned by their appearance at th~District Court of Appeal for the hereinabove speci ~fied purpose shall be authorized to be paid in a sum not to exceed ~5.OO )er day. I ~.That mileage be authorized at the usual rate in connection with subject litigation. BE IT FURTHER RESOLVED:that costs and expenses in connection with ~he above mentioned litigation be paid out of the Joint Administrative Fund of County Sanitation Districts Nos.1,2,3,5,6,7 and 11. —5— ~1 ~ 3 The foregoing Resolution was introduced by Director Reed who moved its adoption.This motion was seconded by Director Smith and was carried by the following vote: AYES:Directors Virgil H.Reed,Willard Smith and Vincent L. Humeston. NOES:None. ABSENT:Director Irvin G.Gordon. 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 11th day of October,1950. IN WITNESS WHEREOF,I have hereunto set my hand this 16th day of October,1950. ~~~ Secretary of the Board bf Directors of County Sanitation District No.7 of Orange County,California A motion was made,duly seconded and carried that arrangements be made for a Deputy County Clerk to be present at the next regular meeting of the District Boards on October 25,1950 for the purpose of administering the Oath of Allegiance. ADJOURNMENT A motion was made by Director Reed, OF MEETING duly seconded and carried,declaring the meeting of District Board No.7 ad journed at ~:45 P.M. 2 ~i 1/ ~/~ G~airman,Board of Directors County Sanitation District No.7 Orange County,California ATTEST: Ora Mae Merritt,Tempor~ry Secretary Board of Directors County Sanitation District No.7 Orange County,California -6-