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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 — 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 - 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. —1— 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 —2— 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: - 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 -1— ‘3~O 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: —2— *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 —3— 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 —5— 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 — 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 -6— 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 -7-