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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-