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HomeMy WebLinkAboutDistrict 01 Minutes 1951-04-112~8 MINUTES OF REGi~LAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.1 April 11,1951 at ~:OO p.m. Board of Supervisors’Room Court House Santa Ana,California The Board of Directors of County Sanitation District No.1 met in regular session The joint meeting of the district boards was called to order by Chairman Virgil H.Reed at g:1O p.m. Directorspreserit:Virgil H.Reed (Chairman) Allen A.Mandy C.M.Featherly Directors absent:None. Others present:Nelson M.Launer,Administrative Officer Nat H.Neff,Engineer E.J.Marks,Attorney Harry Ashton,Attorney Wa1t~r B.Chaffee,Attorney C.A thur Nisson,Jr.,Attorney HughTheighbour,City Engineer, Santa Ana Ora Mae Merritt,Secretary MINUTES OF MEETING A motion was made,duly seconded and OF MARCH 2~,1951 carried,approving the minutes of the meeting held on March 2~,1951. —1-- 249 A motion was made,duly seconded and carried that the Joint Administrative Warrant Register be approved for signa Warrant Demand No. ___________ Amount JA—233 90.93 234 3.00 235 8.80 236 56.70 237 845.63 238 ~504.64 ~~509.7O Mr.Nelson P1.Launer,Administrative Officer,reviewed Resolutions Nos. 57,58 and 59 which were mailed to the Directors in his letter of April 6,1951. Mr.Launer stated that the City of Anaheim had selected Mr.Robert Barletta as the appraiser for the Joint Outfall Sewer and District No.ii had selected Mr.Harry A.Overmyer as the appraiser for the Sanitation Districts,to fix the value of personal property owned by the Joint Outfall Sewer and to be acquired by the Sanitation Districts under the Agreement for Purchase and Sale which was signed on February 28,1951. Judge Mdrks reported that he and Mr. Nisson went to Fresno for the hearing on the Petition for Writ of Mandate in the Court of Appeals and that a week later the court returned a decision that a ceiling cannot be imposed on the tax levy in the limited participation districts. EXECUTIVE COMMITTEE Director Robert H.Boney,Chairman of REPORT the Executive Committee called upon Director Willis H.Warner,Chairman of the Special Committee,for a report upon negotiation of contracts with Harrison &Woolley and ‘Headman,Ferguson &Carollo. Mr.Warner reported that the negotiations with the con sulting engineers were divided into two parts: 1.Negotiation of a contract with Harrison &Woolley and Headman,Ferguson &Carollo,consulting engineers,, providing for an appraisal of the Bacon Report to determine if there is sufficient or insufficient bond money.These engineers are to submit a report to the Directors for their consideration. 2.If modification of the Bacon Report is then desired by the Directors,a contract is to be negotiated with the consulting engineers for modification. JOINT ADMINISTRATIVE WARRJINT REGISTER bure and payment of: In Favor Of City of Santa Ana Bales Office Equipment Co! Toastmasters International The Pacific Telephone &Telegraph Co. E.J.Marks and Adrian Marks C.Arthur Nisson,Jr, ADMINISTRATIVE OFFICER’S REPORT LEGAL PROGRESS R ~P ORT —2— 250 •Director Warner reported that the fee of Harrison & Woolley and Headman,Ferguson &Carollo is a flat sum of $1,500.00 to appraise the Bacon Reports.That the fee for modification of the report is ~5,000.00,but that this fee would be included in the general engineering fee if they are employed for the whole project. Director Warner stated that the Executive Committee and the engineers unanimously agreed that adequate time should be taken in negotiating a contract for the design and specifi cations.But,to save time,the District Boards could adopt a Resolution authorizing the execution of a contract with Harrison &Woolley and Headman,Ferguson &Carollo,so that work may be started at once to determine if there is suffi cient or insufficient bond money. Director Boney reported that the Executive Committee un animously recommends the procedure as outlined by Mr.Warner and that a resolution had been prepared to be presented to the District Boards for their consideration. At the request of Chairman Reed,the Secretary read Resolution No.60 authorizing a contract of employment he executed for the employment of Harrison &Woolley,and Headman,Ferguson &Carollo. After a general discussion,the District Boards adopted the following resolutions: RESOLUTION NO.57 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER One , AUTHORIZING AND RATIFYING THE EMPLOYMENT OF HARRY A.OVERMYER ~1S APPRAISER REPRESENTING COUNTY SANITATION DISTRICTS NUMBERS ONE,TWO,THREI~,FIVE, SIX,SEVEN AND ELEVEN TO APPIiAISE rrr~ PERSONi~L PROPERTY TO BE ACQUIRED FROM THE JOINT 0UTF~LL SEI;IER SECTION I.The Board of Directors of County Sardtation District Number One does resolve as follows: WHEREAS,it has become necessary under the Agreement for Purchase and Sale for personal property belonging to the Joint Outfall Sewer Districts to be purchased and acquired by County Sanitation Districts Numbers One,Two,Three,Five,Six,Seven and Eleven to be appraised and to fix the value thereof;and WIU~REAS,County Sanitation District Number ~leven has been author ized to name such appraiser;and WHEREAS,it has selected and named Harry A.Overmyer to perform said services. —3— His compensation is therefore fixed at ~25.OO per day each day of eight hours or any part thereof when he is engaged in perform ing said duties)from March 2~,1951. SECTION II.The said services of said Harry A.Overmyer shall be paid out of the Joint Administrative Fund of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 and the proper portion thereof charged to each of said County Sanitation Districts as said percent ages have been set out and established heretofore. THE FOREGOING RESOLUTION was introduced by Director Allen A Màn4~ ________ , who moved its adoption.Said motion was seconded by Director C.~4.Featherly , and carried by the following vote: AYS:Directors Allen A.Mandy,C.M.Featherly and Virgil H.Reed NOES:Directors None ____ ABSENT:Directors None STATE OF CALIFORNIA )55. COUNTY OF ORANGE I~ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.One of Orange County,California, hereby certify that the above and~fo~egoing Resolution was duly arid regularly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. IN-WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~_______ Secretary of the B’oard of Directors of County Sanitation District No. One of Orange County,California RESOLUTION NO.5~ A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATI;N DISTRICT NUMBER ONE , AMENDING RESOLUTION NO.56. The floard of Directors of County Sai’iitation District Number One~does hereby resolve as follows: SECTION I.Resolution No.56,entitled ~‘RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER ONE FIXING,~LLO~fING AND APPROVING MILEAGE FOR rrErIBERS OF ITS BO~~RD OF DIRI~CTORS ~THEN TRAVELING ON BUSINESS OF THE DISTRICT~,is hereby amended by adding thereto Section III,~s follows: -.4- 252 “SECTION III.The mileage of an authorized member of the Executive Committee comprised of the Chairman of County Sanitation Districts Nos.1,2,3,5,6,~,~and 11,or a duly appointed proxy, shall be paid from the Operating Fund of the District which he repre sents,Said payment shall be made from March 2~,1951.” THE ~OREGOING RESOLUTION was introduced by Director Ai1~A _~~y , who moved its adoption.This motion was sec~nded 13y Director_C.M.Feath.~rly and was carried by the following vote: Directors Allen A.Mand~C.N.Featherly and Vir~gii H. Reed. —______________ NOES;Directors - None ABSENT:Directors — None ___ STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I,ORA MAE ~RRITT,Secretary of the Board of Directors of County Sanitation District No.1 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 April,1951. IN ~1ITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~~2~’/~-.L~~V Secretary of the Bo~d of Directors of County Sanitation DIstrict No.1 •of Orange County,California RESOLUTION NO.59 A RESOLUTION OF COUNTY SANITATION DISTRICT NO. One FIXING AND DETERMINING COMPENSATION TO BE PAID LEGAL COUNSEL WFJ~REAS,the County Sanitation Districts have heretofore employed legal counsel for both general and special services and the Districts now have employed certain legal counsel and may in the future employ additional or other legal counsel;and -5-.. 253 WHEREAS,it is deemed advisable to set up a certain working day for said attorneys now employed and any other attorneys to be employ ed in the future by said County Sanitation Districts;and WHE~.EAS,any uncertainties in rates of pay and hours constituting a day for said attorneys’services are intended to be reconciled and made certain: NOW,THEREFORE,BE IT RESOLVED: 1.That six (6)hours of time actually spent by an attorney in service to the Sanitation District or Districts authorizing said services shall constitute one (1)day’s services. 2.That the maximum compensation to be paid by an attorney fQr one (1)day’s services shall be Seventy Five (~75.OO)Dollars,except ing that wherein an attorney is required to appear in any court of law on behalf of a Sanitation District or Districts for a day or any part of a day the compensation for that day shall be One Hundred and Fifty (~l5O.OO)Dollars,irrespective of the number of hours spent. 3,That for any part of a day actually spent by an attorney in service for a Sanitation District or Districts he shall be paid at the rate of ~relve Dollars and Fifty Cents (~l2.5O)per hour by the District or Districts for whom said services are rendered. 4.That payment for the services of legal counsel shall be made from the operating fund of the Districts authorizing the employment of said attorney or attorneys upon monthly presentation of itemized bills by said legal counsel,and in the case where more than one but not all Sanitation Districts employ the same legal counsel for the same service said Districts shall be jointly charged,and each shall pay an equal part of the total bill out of the operating fund of each District, provided further that where Districts Nos.1,2,3,5,6,7 and 11 jointly employ legal counsel,payment for such services shall be paid for out of the Joint Administrative Fund. 5.That with respect to the employment of C.ARTHUR NISSON, JR.,by County Sanitation Districts Nos.1,2,3,5,6,7 and 11 for the purpose of working with Attorneys E.J.Marks and Adrian ~arks, in preparation o±~,,f;pleadings and preparation for hearing of t,hat certain litigation concerning the effect of a limited participation agreement on the County Sanitation Districts,his compensation shall be at th~rate of Twelve Dollars and Fifty Cents (~l2.5O)per hour for time actually spent,excepting appearances in court of law,in rendering said services from the date of March 1,1951. 6.That unless specifically resolved otherwise the employment of other or additional legal counsel shall be at the rates of pay and hours constituting one (1)day established by this Resolution. 7.All Resolutions or parts of Resolutions heretofore adopted which conflict herewith are hereby specifically repealed insofar and to the extent that they conflict herewith. THE FOREGOING RESOLUTION was introduced by Director Allen A. Mandy - , who moved its adoption.This ~~otion wa&seconded by Director C.M.Featherly , and was carried by the following vote: Directors — Allen A.Mandy,C.M.Featherly and Vir~41 _Reed —-____ NOES:Directors None ______ ABSENT;Directors None STATE OF CALIFORNIA) ss. C~JNTY OF ORANGE I,ORA MAE I!~RRITT,Secretary of the Board of Directors of County Sanitation District No.One of Orange County,California, hereby certify that the above ~nd foregoing Resolution was duly and re~u1arly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~ Secretary of the Bo~ird of Directors of County Sanitation District No. - Ori~of Orange County,California RESOLUTION NO.60 A RESOLUTION OF THE BOAI’W OF DIRECTOI~S OF COUNTY SANITATION DISTRICT NO.ONE , AUTHORIZINC AND REQUESTING COUNTY SANITATION DISTRICT NO.1 TO EXECUTE TF~CONTRACT OF EMPLOYMENT BETh’EEN COUNTY SANITATION DISTRICT NO.1 AS CONTR~iCTING AGENT, AND K.J.HARRISON i~ND J.A.WOOLLEY,A CO-FART NERSHIP,OPERATING UNDER T}~FIRI:I NA1’.~OF HARRISON &WOOLLEY,~ND SAM HEADMAN,BEN FERGUSON AND JOHN A CAROLLO,A CO-PARTNERSHIP OPERATING UNDER THE FIRM NAi~U~OF HEi~DM~N,FERGUSON AND C AROLLO. The Board of’Directors of County Sanitation District No.One does resolve as follows: SECTION I.A contract of employment of K.J.HARRISON and J.A.~JOOLLEY,a co-partnerhip operating under the firm name of .HARRISON &~TOOLLEY,and SAM HEADMAN,BEN FERGUSON and JOHN A.CAROLI~. a co-partnership operating under the firm name of HEADMAN,FERGUSON &C~AOLLO,by County Sanitation District No.1 as contracting agent for County Sanitation Districts Nos.2,3,5,6,7 and 11,has been prepared and is herewith presented to the Board of Directors of County -7- Sanitati-m District NOe One , and is hereby approved,and County Sanitation District No.1 is hereby requested and directed to execute the same as contracting agent for itself and County Sanitation Districts Nos.2,3,5,6,7 and 11,said agreement bearing the date of the 11th day of April,1951. THE fOREGOING RESOLUTION was introduced by Director~j~~nA,~pndy, who moved its adoption.Said motion was seconded by Director ~and carried by the following vote: AYES:Directors Allen A.Mandy,C.M.Featherly and Virgil H.Reed. NOES:Directors —~ None ABSENT:Directors None STATE OF CALIFORNIA ss. COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of’Directors of County Sanitation District No.One 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 April,1951. IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. Secretary of the Board/of Directors of County Sanitation District No. of Orange County,California Director Virgil H.Reed announced that this meeting would be the last joint meeting of the district boards he and Director itilen A. Mandy would officially attend.He expressed his appreciation of the efforts of the Directors in bringing about the progress now being made in the countywide sanitation plan and assured the District Boards of his continued interest in the work. Director Allen A.Nandy expressed his appreciation of the work accomplished by the District Boards;and stated that his work with this group had been the most gratifying of the duties imposed upon him by the public office he held. A motion was made by Director Willis H.Warner,seconded by Director Robert H.Boney and unanimously carried by members of the - 25~ Bce.rds of Directors of County Sanitation Districts Nos.1,2,3,5, 6,7,~and 11 that Directors Virgil H.Reed and Allen A,Mandy be given a vote of thanks for their services and work in behalf of the County Sanitation Districts. Upon a motion made by Director Allen A.Maridy,duly seconded and carried,the Chairman declared the meeting of County Sanitation District No.1 Board of Directors adjourned at ~:35 p.m. ••,~ __ Chairmanfi7Board of Directors County S~nitation District No.1 ATTEST:Orange County,California (;~~~ Secretary,Board of”Directors — County Sanitation District No.1 Orange County,California -9-