HomeMy WebLinkAboutDistrict 02 Minutes 1951-11-28MINUTES OF REGULAR MEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.2
November 2~,1951 at ~:OO p.m.
Board of Supervisors’Room
Court House
Santa Ana,California
Chairman Finch called the joint meeting of the District
Boards to order at ~:OO p.m.
The roll was called and the Secretary reported a quorum
present.
Directors present:Robert H.Boney (Chairman),Hugh W.Warden,
Don B.Haiber,Frank J.Schweitzer,Jr.,
Charles E.Stevens,Willis H.Warner and
William H.Hirstein
Directors absent:None
OthE~rs present:Raymond R.Ribal,Chief Engineer and
General Manager
E.E.Frisbie
•K.J.Harrison
•J.A.Woolley
Nat H.Neff
Heinz Kaiser
C.Arthur Nisson,Jr.
E.J.Marks
Ben Reddick
Paul Brown
Thomas Norton
Ora Mae Merritt,Secretary
Minutes of
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A motion was made,duly seconded and
November 21 carried,approving the minutes of the
__________
meeting held on November 21,1951,
as mailed out.
Report of the
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Director Warner,Chairman of the
Committee on Contract Committee negotiating a contract with
with th~Consulting the consulting engineers reported that
Engineers
•
most of the problems had been ironed
out and that before another week
the will have a completed draft of the
contract between the Districts and the Consulting Engineers
which will be mimeographed and mailed to all the Directors.
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Re~portof t~ç~
Executive Committee
347
Director Robert H.Boney,Chairr~-ian of
the Executive Committee Reported that
the Committee had unanimously recom
mended the following to the District
Boards:
1..The adopt.ion of a resolution authorizing the execution of
Agreement to Amendment of the Sale and Purchase Agreement.
2.That a motion be made directing the Chief Engineer and
General Manager to present the Amendment of the Sale and
Purchase Agreement to the various members of the 1JOS for
their signatures.
Authorizing Execution
of~he ~greement of
Amendment to the Sale
and.Purchase Agreement
After a general discussion,the Board
adopted Resolution No.101,attached
hereto at Exhibit A~
Directing the Chief
Engineer and General
Mariager to present
the Amendment to
members of the JOS
Rep~t oft he Chief
,~ngirieer and General
Man~ger
After a general discussion,a motion
was made,duly seconded and carried,
directing the Chief Engineer and.Genera:1
Manager to present the Agreement to
Amendment of the Agreement of Sale and
Purchase to various members of the JOB
for approval and signature.
Mr.Raymond R.Ribal,Chief Engineer
and General Manager reported upon the
activities of the Joint Administrative
Organization since the last meeting
of the Boards.
Chairman Finch recognized Mr.Wright of Newport Beach,speaker
for a delegation from Newport Beach.Mr.Wright stated that his
delegation was present to ask what progress is being made to allev
iate the sewerage condition in his vicinity.i~general discussion
was held,and Chairman Finch stated that progress is being made and
that it appears at this time that it will be about a year and a half
before the disposal plant will be built which will relieve the
condition in Newport Beach.
Ad~i ournment
ATTEST:
,Secretary,Board of ~irectors
County Sanitation District No.2
Orange County,California
Upon a motion made,duly seconded and
carried,the Chairman declared the
meeting adjourned at ~:3O p.m.
~
County Sanitation District •
2
Orange County,California
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RESOLUTION NO.101
A RESOLUTION OF THE BOi~RD OF DIRECTORS OF COUNTY SANI
Ti~TiON DISTRICT NUMBER TWO OF ORANGE COUNTY,APPROV
ING THE AMENDMENT TO THE /~LGREEMENT OF SALE AND PURCHASE
BETWEEN THE CITIES OF SANTA ANA,ORANGE,ANAHEIM -~ND
FULLERTON AND PLACENTIA Si~NITARY DISTRICT,LA HABRA SANI
T~EY DISTRICT,BUENA PARK SANITARY DISTRICT AND GAR.I)EN
GROVE SANITARY DISTRICT,AS SELLERS,k~ND COUNTY SANITATIO1’~
DISTRICTS NUMBERS ONE,TWO,THREE,FIVE,SIX,SEVEN AND
ELEVEN OF ORANGE COUNTY,AS BUYERS.
The Board of Directors of County Sanitation District Number
Two does resolve as follows:
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SECTION I.That the certain contr~ic~t made by the Cities of
Santa Ana,Orange,Anaheim and Fullerton and Placentia Sanitary
District,La Habra Sanitary District,Buena Park Sanitary District
and Garden Grove Sanitary District,as Sellers and County Sanitation
Districts Numbers One,Two,Three,Five,Six,Seven and Eleven of
Orange County,as Buyers,datedFebruary 2~,1951,whereinthe
Sellers agree to sell and the Buyers agree to buy the land,rights
of way and sewage disposal facilities in what is commonly known as
Section I of the Joint Outfall Sewer be and the same is hereby
amended in accordance with the terms of that certain Agreement
dated November 2~,1951,marked Exhibit A,attached hereto and
made a part hereof.
SECTION II.The Chairman of the Board of Directors of County
Sanitation District Number Two and the Secretary thereof be and
they are hereby instructed and authorized to execute said amend
ment on behalf of County Sanitation District Number Two of Orange
County.
The foregoing resolution was introduced by Director Schweitzer
who moved ~ts adoption.Said motion was seconded by Director
Hirstein ,
and was carried by the following vote:
AYES:Directors Frank J.Schweitzer,Jr.,William H.Hirstein,
Hugh W.Warden,Don B.Haiber,Charles E.Stevens,
Willis H.Warner and Robert H.Boney.
NOES:Directors None
ABSENT:Directors None
STi~TE OF cAr1IF0RNIA)
ss
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,here
by certify the above and foregoing Resolution was duly and regularly
adopted by said Board at a regular meeting thereof held on the 2~th
day of November,1951.
IN 1!ITNESS whereof,I have hereunto set my hand this 2~th.day
of November,1951.
~L ~~
Secretary,Bdard of Dir~ctors of
County Sanitation District No.2
of Orange County,California
EXHIB~T “A”
349
Exhibit A
1 AMEfl4~4T TO AGREEZ4~IT OF SALE AND PURCHASE
2 DATED FEBRUARY 28,1951
3
THiS AGREPN~T,entered into this 28th day of
5 November,1951,by and between the Cities and Sanitary
6 Districts named in that certain Agreement of Sale and Purchase,
7 dated February 28,1951,wherein said Cities and Sanitary
S Districts are designated as “Sellers”,and County Sanitation
9 Districts Non.1,2,3,5,6,7 and 11 of Orange County are
10 designated as “buyers”,
11 WHEREAS,it is necessary and desirable to amend certain
12 provisions of the Agreement of Sale and Purchase hereinabove
13 referred to for the purpose of enabling the pazties hereto to be
14.in accord with respect to the acts and proceedings specified in
15 said Agreement of Sale and Purchase and required under the pro-
16 visions of the Health and Safety Code of the State of California;
17 nOW,THER~FGRE,the parties hereto do hereby covenant,
18 promise and agree as follows:
19 I.That there shall be added to Section 17 of the
20 Agreeuent dated February 28,1951 the following paragraph:
21 When all additional con~tnction described in
22 Paragraph 17 of the Agreement of Sale and Purchase dated
23 February 28,1951,by the parti°s to this Agreement,and here-
24.tofore commenced,has been connletbd,that no additional constr
25 uction undor Paragraph 17 shall be undertaken by the Selleri
26 during the time they retain possession,except as set forth in
27 !Paragraph lii,as amended.
28 II.That Paragraph 18 of that certain agreement made
9 and entered into by and between the parties hereto on the 28th
0 d..ty of Febnary,1951,be amended to read as follows:
r tring the time the Sellers remain in possession
of and mairat tin and operate said Section One,all replarenents
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1 of ~y portion of the existing facilities and the construction of
2 additions thereto not presently contemplated as provided in
3 i~Paragraph 17,as amended (except such as may be required as
L~ordinary maintenance and repair of said facilities),shall be made
5 and constructed by the Buyers when such replacements and/or new
6 construction shall be found and determined b~r the Departments of
7 Health of the State of California,or the County Health Depart
~ment,to be necessary for the protection of the public health
9 or when such replacements or additions are ordered or directed
10 to be made by either of said Departments.If said Buyers shall
11 fail to commence the same as soon as practicable and within the
12 time directed by either of said Departments and not later than
13 six months from the date of notice by the Sellers to commence
1L~.to make such replacements and/or additions when found and
15 determined to be necessary by the Department of Health of the
16 State of California or County Health Department or when ordered
17 by either of said Departments and,to complete the same within
1~a reasonable time thereafter,then and in that event,Sellers
19 are hereby authorized to make the same.Such replacements or
20 additions shall be paid for from the proceeds of the presently
21 authorized bonds of Buyers,or other available funds~if the
22 same constitute improvements described in the Engineer’s Reports
23 of Vinton W,Bacon or substitutes therefor;otherwise said
2L~.adc~itional facilities shall be paid for from the annual tax levies
25~of the serveral districts purchasing the same and must be paid
26~for in riot less than five years in the case of Districts Nos,
27 1,5,6 and 11;fifteen years in the case of Districts Nos.
2~2 and 3 and thirty-seven years in the case of District No.7
from the date of completion.The Buyers agree to levy suffi
30 ci~nt taxes to pay such amounts within said periods.
ii III.That the second paragraph of Paragraph 23,
~Termination~shall be amended to read as follows:
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*351
1 This contract shall become null and void at the option of
2 either the Buyers or Sellers:
3~(a)In the event that the several Coi~nty Sanitation Dlstr
icts herein mentioned fail to sell the bonds authorized by the bOnd
5 election held in the respective districts on the 2~th day of Febrn—
6 ary,1949,at the earliest practicable date and not latci i~h~r!.u~y
7 1,1952;or
(b)In the event that the treatment and disposal facili—
9 ties described in the engine ering reports of Vinton W.Bacon under
10 date o December 22,194~,or as said plan may he modified in
11 ac’~ordance with the provisions of this Agreement under the provi
12 sions of Section 475~of the Health and Safety Code of the State
13 of California,cannot be constructed or substantially constructed
12÷ from the proceeds of funds available fr~m said bond issues and other
15 funds now or hereafter made available therefor.If said plan as
16 outlined in.the Bacon Reports shall be modified,such modification
17 shall provide for the construction of the best and largest capacity
1 facilities that can be constructed with the available funds and
19 with sufficient capacity to receive,treat and adequabely dispose
20 of all sewage arising within the boundaries of the Se~1ei~a~id Buyers.
21 IV.That the first paragraph of subsection Three (3)
22 of Paragraph 15,Welivery of Possesion and Tit1e~shall be amended
23 to read as follows:
24 Buyers have,within a reasonable time hereafter,con-
25 structed the land.and marine sections of the proposed new out-
26 fall sewer,and suffici~nt portions of the existing arid new
27 disposal plant and other facilities to adequately treat,handle
2~and dispose of,in accordance with the requirements of the
~Department of Health of the State of California,all sewage at
:fljthe time of delivery of possession arising within the boundaries
~LiOf the Sellers and Buyers,and have such facilities in condition
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V ~
1 for operation;and which time said Sellers will execute and
2 d~’liver to County Sanitation Districts Nos.1,5,6 and 11 good
3 and sufficient instruments conveying to each of said County
4 sanitation Districts the undivided interest in said Section One
5 foi~which said County Sanitation District has paid and assumed
6 bonded indebtedness as provided hereinbefore in this agre~m~nt.
7 V.It is further understood and agreed that all of
~the terms and conditions of said Agreement of Sale and Purchase
9 dated February 2~,1951 as herein modified or amended,shall
10 he and remain in full force and effect.
11 IN ~fIThESS WHEREOF,each of the parties hereto has
12 caused this contract to be executed by its duly authorized
13 officers the day and year first above written.
14 CITY OF SANTA ANA
15 ~J Courtney R.Chandler
Mayor and President of the City Counci
16
SEAL ATTEST:
17
J~a Keeler
City Clerk
19 CITY OF ANAHEIM
20 SEAL
Dv /Chas.A.Pearson
21 Mayor
22 ATTEST:
23 L.~L~har1es N.Griffith
City Clerk
24
25 CITY OF FULLERTON
26
SEAL ~J~JThomasJ.Eadington
27 Mayor
2~kTTEST.
29
Lsj~CarrieD.Adams
City Clerk
353
CITY OF OX~ANGE
By Is!Harold if.Post
Mayor
SEAL ATTEST:
Is/T.H.Elj4ah
City Clerk
BU~A PARK SANITARY DISTRICT
By Ls!I.D.Jaynes
President of its Board of Directors
S EAL
And J~J Vera McKnight
Secretary
GARDEN GROVE SANITARY DISTRICT
By L~/Charles E.Stevens
SEAL President of its Beard of Directors
And /Walter B.Wentz
Secretary
LA HABRA SAI’~ITARY DISTRICT
By /Nelson N.Launer
President ~f its Board of Directors
Seal
And Is!A.C.Earley
Secretary
PLACt;NTIA SANITARY DISTRLCT
By /~‘J.D.Sol~bee
Seal Presidé~of its Board of Directors
And /Don 13.Haiber
Secretary
SELLERS
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351•t
COUNTY SANITATION DiSTRICT NO.1
OF ORANGE COLTNTY
By /Courtney ~.Chandl~r
Chairman of its Boar’d of Dir éctors
SEAL
And 1sf Ora Mae Méi~ritt
Secretary
COUNTY SANITATION DISTRICT NO.2
OF ORANGE COUNTY
By Ls/Robert H.Boney
~hainnan of its Eoard o±Directors
SEAL
And .L~Ora Mae Merritt
Secretary
COUNTY SANITATION D±STRICT NC.3
OF ORANGE COUNTY
By /Hugh W.Warden
Chairman of its llö~rd of Directors
S EAL
And L~Ora Mae Merritt
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Secretary
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY
By /Braden Finch
Chairnian ~f ~its Board of Directors
SEAL
And /Ora Mae Merritt
Secretary
COUNTY ~ANITATI~N DISTRICT NC.6
By s/s C.M.Nelsdn
Ch~jrman of jt~Board of Dir ectdr~
~AL
Arid ~/Ora Mae Merritt
Secretary
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355
COUNTY SANITATION DISTRICT NO,7
OF ORANGE COUNTY
By /Vincent L.Humeston
Chairman of’its Board of lJirector’s
SEAL
And ~Ora Mae Merritt
Secretary
S
COUNTY SANITATION DISTRICT NO~11
OF ORANGE COUNTY
S EAL
By ~Willis H.Warner
Chairman of its Board of Directors
And ~/Ora Mae Merrit
S ecretary
BUYERS
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