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.
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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.
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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.
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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:
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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
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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.
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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
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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
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