HomeMy WebLinkAboutMinutes 1950-10-11CONDENSED MINUTES
OF THE JOINT !€ETING OF
BOARDS OF ~RECTORS
COUNTY SANITATION DIST~CTS
OF ORANGE COUNTY,CALIFORNIA
October 11,1950 at ~:OO P.M.
Board of Supervisors’Room -Court House
Santa Ana,California
ROLL CALL
DISTRICT NO.1
Present:Directors Virgil H.Reed(Chair
man),C.M.Featherly and Allen A.
Mandy.
Absent:None.
DISTRICT NO.2
Present:Directors Robert H.Boney,(Chair
man),Don B.Haiber,Frank J.
Schweitzer,Jr.,Ralph J.McFadden,
Willc~rd Smith,Charles E.Stevens,
Willis H.Warner,William H.
Hiretein and Anton W.Wilson.
Absent:Director Hugh W.Warden.
DISTRICT NO.3
Present:Directors Willis H.Warner (Chair
man pro tern),Ralph J.McFadden,
C.R.Miller,Charles Newson and
Joseph Webber.
Absent:Directors Hugh B.Warden and A.C.
•Earley.
DISTRICT NO.5
•Present:Directors Braden Finch (Chairman)
and Ross Greeley.
Absent:Director Irvin G.Gordon.
DISTRICT NO.6
Present:Directors C.M.Nelson(Chairman)
and Braden Finch.
Absent:Director Irvin G.Gordon.
DISTRICT NO.7
Present:Directors Vincent L.Huzneston
(Chairman),Virgil H.Reed and
Willard Smith..
•Absent:Director Irvin G.Gordon.
DISTRICT NO.~
Present:Directors Emerson B.Milnor (Chair
man)and Harold E.Edwards.
Absent:Director Ir~nG.Gordon.
DISTRICT NO.11
Present:-Director Willis H.Warner(Chairman),
Vernon E.Langenbeck and Jack Greer.
Absent:None.
—1—
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
Chairman Reed called the joint meeting to order at 8:00 P.M.
The Roll was called and all District Boards were found to have
a quorum present.
A motion was made,duly seconded and carried,appointing
Willis H.Warner Chairman pro tern of the Board of Directors of
County Sanitation District No.3.
APPROVAL OF District Boards Nos.1,2,3,5,6,7 and 11
VOUCHER DEMAND adopted a motion to approve for signature
and payment the following Joint
Administrative Voucher Demands:
Voucher
Demand
No.In Favor Of Amount
JA-l42 Pacific Telephone &Telegraph Co.~38.60
143 City of Santa Aria 90.93
144 E.J.Marks and Adrian Marks 712.50
145 Ora Mae Merritt 8.55
146 Orange County Blueprint Shop 8.83
147 Bales Office Equipment 28.98
148 Dennis Printers &Stationers 50.00
$938.39
****
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 thoy rüpr~s~nt;~nd
the Joint Administrative personell should take the oath for that
organization,as well as an oath for each of the eight Districts.
OATH OF
ALLEGIANCE The Board of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,8 and 11
adopted the following Resolution:
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NU~ER
PROVIDING FOR FILING THE OATH REQU~!~
IN ASSEL~LY BILL NU~ER 61,ENTITLED,
AN ACT TO ADD CHAPTER 8 TO DIVISION 4,
TITLE 1,OF THE GOVERN~~NT CODE,RELATING
TO AN OATH OR AFFIRMATION OF ALLEGIANCE
FOR CIVIL DEFENSE WORKERS AND PUBLIC
~“iPLOY~ES,DECLARING THE URG~CY THEREOF,
TO TAKE EFFECT IMMEDIATELY.
The Board of Directors of County Sanitation District Number
does resolve as follows:
SECTION I.That the oath or affirmation of allegiance
for civil defense workers and public employees,required by
Chapter 8,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 —,in ac
cordance with the provisions of said Act.
—2—
SECTION II.An original of said oath shall be filed
withthe Secretary of County Sanitation District Number
and a duplicate original thereof shall be filed with
~~Secretary of the Joint Administrative Organization.
SECTION III~The General Manger or the Secretary of
the Joint Administrative Organi~ation 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.
The foregoing Resolution was introduced by Director
________________
who moved its adoption,which motion was
seconded by Director
________________,and carried by the
following vote:
Ayes:
Noes:
Absent
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.
DISTRICT NO.3.
MINUTES OF
MEETING HELD ON
OCTOBER 2,1950.
ADJOURNMENT
OF MEETING OF
DISTRICT B~J~RD
NO.1
DISTRICT NO.2
MINUTES OF
MEETING HELD
ON OCTOBER 6,1950
ADJOURNMENT OF
MEETING OF
DISTRICT B0.~RD
NO.2
ADJ OURNHENT
OF MEETING
OF DISTRICT
BOARD NO.3
DISTRICT NO.5
OPERATING FUND
WARRANT REGISTER
Operating Fund Warrant
Demand:
A motion was made by Director Mandy,
duly seconded and carried,approving
the minutes of the meeting held on
October 2,1950,~s mailed out.
A motion was made by Director Mandy,
duly seconded and carried,declaring the
meeting of District Board No.1 ad
journed at 8:25 P.M.
****
A motion was made by Director McFadden,
duly seconded and carried,.approving
the minutes of the meeting held on
October 6,1950,as mailed out.
A motion was made,duly seconded and
carried,declaring the meeting of District
Board No.2 adjourned at 8:30 P.M.
A motion was made by Director Newson,
duly seconded and carried declaring the
meeting of District Board No.3 adjourned
at 8:35 P.N.
A motion was mude by Director Greeley,
duly seconded and carried approving
for signature and payment District No.5
Register covering the following Voucher
—3—
Voucher
Demand
No.Ii~.FavgrOf Amount
5-32 Harry Ashton $100.00
ADJOURNMENT OF A motion was made by Director Greeley,
MEETING OF duly seconded and carried declaring the
DISTRICT BO~tRD meeting of District Board No.5 ad-
NO.5 journed at ~:4O P.N.
****
DISTRICT NO.6 A motion was made by Director Finch,
OPERATING FUND duly seconded and carried,approving
WARRhNT REGISTER for signature and payment District No.6
Operating Fund Warrant Register covering the following Voucher
Demand:
•Warrant
Demand
No.In Favor Of Amount
6-34 Harry Ashton $100.00
ADJOURNIIENT A motion was made by Director Finch,
OF ~tE~ETING ~duly seconded and carried decL~rin
DISTRICT BOARD the meeting of District Board No.
NO.6 adjourned ~.t ~:45 P.N.
****
DISTRICT NO.7 The Board of Directors of County Sani
RESOLUTION NO.51 tation District No.7 adopted the
following Resolution:
~ESOLUTI0N NO.51
R~SOLUTION 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 connection 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
WHEREAS,the best interests of County Sanitation District
No.7 indicate that the repeal of Resolution No.50 is advisable;
NOW,THEREFORE,BE IT RESOLVED:
That Resolution No.50 entitled “Resolution of County
Sanitation District No.7 Fixing and Determining Compensation and
Expenses to be Paid Legal Counsel in Connection with Litigation to
Determine the Validity of a Limited Participation Agreement Under
Which Certain Districts Voted Bonds for the Procurement and
Construction of Sewerage Facilities”be and hereby is repealed as
of October 11,1950.
-4-.
The foregoing Resolution was introduced by Director
Smith who moved its adoptions This motion was seconded by
Director Reed and was cth’ried by the following vote:
AYES:Dir~ctbrsW±llard Smith,Virgil H.Reed and Vindent L.
Hurneston
NOES:None.
ABSENT:Director Irvin G.Gordon
STATE OF CALIFORNIA
)~ss.
COUNTY OF ORANGE
I,ORA MAE Jv~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 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.
/s/Ore Mae Merritt
Secretary of the Board of Directors
of County Sanitation District No.7
of Orange County,California.
DISTRICT NO.7 County Sanitation District Bo~.rd No.7
RESOLUTION NO.52 adopted the following Resolution:
RESOLUTION NO.52
RESOLUTION OF COUNTY SANITATION DISTRICT NO.7
FIXING AND DETERMINING COMPENSATION A4ND EXPENSES
TO BE PAID LEGAL COUNSEL IN CONNECTION WITH LITI
GATION TO DETERMINE THE VALIDITY OF A LIMITED
PARTICIPATION AGREEMENT UNDER WHICH CERTAIN DIS
T~CTS VOTED BONDS FOR THE PROCUREMENT AND CON
STRUC~ON OF SEWERAGE FACILITIES.
WHEREAS,the matter of interpreting the limited participation
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 aforesaid limited partici
pation agreements;and
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 Nissan,Jr.is the attorney specially
representing County Sanitation District No.7;and
-5-
WHEREAS,the aforesaid attorneys are preparing to bring a
proceeding in the District Court of Appeal for the purpose of determ
ining the validity and interpretation of the aforesaid limited partici
pation agreements and for any other necessary purpose;and
WH~EAS,it is necessary that the laW firm of O’Melveny &~iyers
and James L.Beebe be employed as counsel therein ~nd be paid the
redsonable 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:
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,or
any part of a day,each attorney is in Court for the hbaring of the
proposed litigation,the principal purpose of which is to determine
the validity and interpretation of the limited participation agree
ments 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 author
ized for the respective attorneys;this shall not include the
compensation for O’Melveny &Myers ~nd James L.Beebe.
3.That the actual cost of lodging for s~~id uttorneys
occasioned by their appearance at the District Court of appeal for
the hereinubove spacified purpose shall be tuthorized 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 Adrninis—
trative Fund of Districts Nos.1,2,3,5,6,7 and 11.
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.
NO~S:None
ABSi~T:Director Irvin 0.Gordon
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
I,ORA MAE ~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 the said Board at a meeting thereof held on the
11th day of October,1950.
IN WITNESS WHEREOF,I have hereunto set my h~nd this 16th
day of October,1950.
Is!Ora Mae Merritt
Secretary of the Board of Directors
of County Sanitation District No.
7 of Orange County,California
-6-