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HomeMy WebLinkAboutDistrict 02 Minutes 1951-04-112~4 MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY,CALIFORNIA April11,1951 at ~:OO p.m. Board of Supervisors’Room Court House Santa Aria,California The Board of Directors of County Sanitation District No.2 met in regular session. The joint meeting of the di~trict boards was called to order by Chairman Virgil H.Reed at ~:1O p.m. Directors present:Robert H.Boney (Chairman) Hugh W.Warden Don B.Haiber Willard Smith Charles E.Stevens William H,Hirstein Anton W.Wilson Willis H.Warner Ralph J.McFadden Directors absent:Frank J.Schweitzer.,Jr. Others present:Nelson N.Launer,i~dministrative Officer Nat H.Neff,Engineer E.J.Marks,Attorney Harry Ashton,Attorney Walter Chaffee,Attorney C.Arthur Nissan,Jr. ,Attorney • Hup.h Neighbour,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,as mailed out. —1-.. 2$~D JOINT ADMINISTRATIVE A motion was made,duly seconded and WARRANT REGISTER carried that the Joint Administrative Warrant Register be approved for signa ture and payment of: Warrant Demand No. — In Favor Of Amount JA-233 City of Santa Ana 90.93 234 Ba].es Office Equipment Co.3.OO 235 Toastmasters International 8.80 236 The Pacific Telephone &Telegraph Co.56.70 237 E.J.Marks and Adrian Marks 845.63 238 C.Arthur Nisson,Jr.~5O4.64 ~~509.70 ADMINISTRATIVE Mr.Nelson N.Launer,Administrative OFFICER’S REPORT 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.11 had selected Mr.Harry A.Overmysr 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. LEGAL PROGRESS Judge Mdrks reported that he and Mr. REPORT 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. —2— 246 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 ~5,000.0O,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 speci.fi 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 r~iay 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 considerdtion. At the request of Chairman Reed,the Secretary read Resolution No.60 authorizing a contract of employment be executed for the employment of Harrison &Woolley,arid Headman,Ferguson &Carollo. After a general discussion,the District Boards adopted the following reso1utions~ RESOLUTION NO.5? A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER TWO , AUTHORIZING AND RATIFYING THE EMPLOYMENT OF HARRY A.OVERMYER AS APPRAISER REPRESENTING COUNTY SANITATION DISTRICTS.NUMBERS ONE,TWO,THREI~,FIVE, SIX.,SEVEN AND ELEVEN TO APPRAISE rr}.~ PERSON~~L PR0Pt~RTY TO BE ACQUIRED FROM THE JOINT OUTF~tLL SEWER SECTION I.The Board of Directors of County Saiuitation District Number Two does resolve as follows: WHEREAS,it has become necessary under the i~greernent for Purchase and Sale for personal property belonging to the Joint Outfall Sewer Districts to be purchased and acquired by County Sanitation 1)istricts Numbers One,Two,Three,Five,Six,Seven and Eleven to be appraised and,to fix the valuo thereof;and Wf~REAS,County Sanitation District Number ~1even has been author ized to name such appraiser;and WHE~.EAS,it has selected and named Harry A.Overmyer to perform said services. —3— 2L7 His compensation is therefore fixed at 4~25.OO per day each day of eight hours or any part thereof when he is engaged in perform ing said duties)fromMarch 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 Ralph J J~~dden , who moved its adoption.Said motion was seconded by Director pugh W Warden , and carried by the following vote: AYES:Directors Ralph J.McFadden,Hugh W.Warden~on B.Haiber, Willard Smit~ChaT1?s E.Stevens,Willis H.____ W~rn~r,William Hirstein,anton W.Wilson an4 Rc~rt H~Boney NOES:Directors NONE —~ ABSENT:Directors ~rank J.Schweitzer~Jr STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.Two 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 Boa~d of Directors of County Sanitation District No. Two of Orange County,California RESOLUTION NO.5~ A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATIIN DISTRICT NUMBER _____ AMENDING RESOLUTION NO.56. The Board of Directors of County Sai~itation District Number does hereby resolve as follows: SECTION I.Resolution No.56,entitled “RESOLUTION OF TI-JE BOr~RD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUrIBER TWO FIXING,ALLOWING AND APPROVING MILEAGE FOR MEMBERS OF iT~BOARD OF DIRECTORS ~THEN TRAVELING ON BUSINESS OF THE DISTRICT”,is hereby amended by adding thereto Section III,as follows: -4-. 248 ~SECTION III.The mileage of an authorized member of the Executive Committee comprised of the Chairman of County Sanitation Districts Nos.1,2.,3,5,6,7,~and 11,or a duly appointed proxy, shall be paid from the Operating Fund of the District which:herepre sent.s~Said payment shall be made from March 2~,l95l.~’ THE FOREGOING RESOLUTION was introduced by Director RalphJ. McFadden , who moved its adoption.This motion was seconded •by Director Hugh W.Warden and was carried by the following vote: AYES:Directors Ralph 3.McFadden,Hugh W.Warden,Don B.Haiber, ~WflI~ard Srriith,Charles E.Stevens WITITiH. — Warner William H.Hir~tein,AntonW~Wflàon - H.Bo n ey —-________ NOES;Directors None ABSENT:Directors Frank J.Schweitzer,Jr STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE I,ORA MAE ~RRITT,Secretary of the Board of Directors of County Sanitation District No.2 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 ~JITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~ _______ Secretary of the Boar~of Directors of County Sanitation bistrict No.2 of Orange County,California **** RESOLUTION NO.59 A RESOLUTION OF COUNTY SANITATION DISTRICT NO. ________ FIXING AND DETERMINING COMPENSATION TO BE PAID LEGAL COUNSEL WHEREAS,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— 249 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 WHEREAS,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 for one (1)day’s services shall be Seventy Five ($75.00)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 d~y the compensation for that day shall be One Hundred and Fifty (~i5O.O0)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 Twelve Dollars and Fifty Cents ($12.50)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, ~3R.,by County Sanitation Districts lbs.1,2,3,5,6,7 and 11 for the ~urpose of working with Attorneys E.J.Marks and Adrian Marks, in preparation of pleadings and preparation for hearing of that certain litigation concerning the effect of a limited participation agreement on the County Sanitation Districts,his compensation shall be at the rate of Twelve Dollars and Fifty Cents ($12.50)per hour for time actually spent,excepting appearances in court of law,in rendering said services from the date of I~rch 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 tierewith are hereby specifically repealed insofar and to the extent that they conflict herewith. —6— 250 THE FOREGOING RESOLUTION was introduced by Director RalphJ. McFadden , who moved its adoption.This ~~otion was seconded by Director Hugh We Warden , and was carried by the following vote: Directors Ralph J.McFadden,Hugh W~Warden,Don B. _____ Haib~r,Willard Smitji~Charles E.Stevens, _H.Warner,William }Iirstein,Anton W.Wilson and Robert H.Boney -____ NOES:Directors None ___________ ABSENT;Directors Frank J.Schweitzer,Jr STATE OF CALIFORNIA) ss. C OH N~y OF OR ANGE I,ORA MAE ~RRITT,Secretary of the Board of Directors of County Sanitation District No.Two of Orange County,California, hereby certify that the above and foregoing Resolution was duly and rerr~ularly 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 Boar7’d of Directors of County Sanitation District No. Two of Orange County,California RESOLUTION NO.60 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.~O , AUTHORIZINC AND REQUESTING COUNTY SANITATION DISTRICT NO.1 TO EXECUTE TF~CONTRACT OF EMPLOYMENT BETVIEEN COUNTY SANITATION DISTRICT NO.1 AS CONTRACTING AGENT, AND K.J.HARRISON AND J.~.WOOLLEY,A CO-FART NERSHIP,OPERATING UNDER THE FIRM NiU~OF HARRISON &WOOLLEY,AND SAM HEADMAN,BEN FERGUSON RND JOHN A CAROLLO,A CO-PARTNERSHIP OPERATING UNDER THE FIRM N~U~OF FIEADM~N,FERGUSON AND CAROLLO. The Board of Directors of County Sanitation District No.Two does resolve as follows: SECTION I.A contract of employment of K.J.HARRISON and .3.A.~IOOLLEY,a co-partnerhip operating under the firm name of HARRISON &WOOLLEY,and SAM HEADMAN,BEN FERGUSON and JOHN A.CAROLI~ a co—partnership operating under the firm name of HEADMJ~N,FERGUSON &CAROLLO,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-~n District No,Two , 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 bi,r Director Willard Smith who moved its adoption.Said motion was seconded by Dir~or WillisJj,~.Warner and carried by the following vote: AYES:Directors Willard Smith,Willis H.Warner,RalphJ. ___ McFadden,HuzhW.Ward~.p~Don B.Haiber ____ Charles E.Stevens,WJj.~Liam H.Hirste~ ___ Anton W.Wi1son~.p~Jtobert H.Boney _____ NOES:Directors - None ____ ABSENT:Directors nk J.Schweitzer,Jr _____ STATE OF CALIFORNIA ss. COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.Two of Orange County,California hereby certify that the above and foregoing I~eso1ution was ctuiy 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 a/Directors of County Sanitation District No.2 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 allen 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.Mandy 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 - 252 Boards of Directors of County Sanitation Districts Nos.1,2,3,5, 6,7,~and 11 that Director 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. Director Virgil H.Reed,Chairman of the joint meetings of the District Boards left the meeting at ~:35 p.m., at which time the Secretary announced a motion to be in order to appoint a new Chairman for the joint meetings of County Sanitation Districts Nos.1,2,3,5,6,7,~arid 11 Boards of Directors. A motion was made by Director Willis H.Warner,seconded by Director Ross Greeley,and unanimously carried by members present of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 that Director Braden Finch,Chairman of the Board of District No.5 , be appointed Chairman of the joint meetings of County Sani tation Districts’Boards. ADJOURNMENT Upon a motion made by Director Ralph J. McFadden,duly seconded and carried, the Chairman declared the meeting of County Sanitation District No.2 Board of Directors adjourned at ~:4O p.m. Chairman,oard of Directors County Sanitation District No. Orange County,California ATTEST: Secretary,~oard of ~Directors County Sanitation District No.2 Orange County,California APPOINTING NEW CHAIf~M~i~.~FOR THE JOINT MEETINGS OF THE DISTRICT BOARDS -9-.