HomeMy WebLinkAboutDistrict 05 Minutes 1951-04-11227
MINUTES OF REGULAR IVIEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY,CALIFORNIA
.Apri.1 11,1951 at ~:OO p.m.
Board of Supervisors’Room
Court House
Santa Ana,California
The Board of Directors of County Sanitation District No.5 rr~et
in regular session.
The joint meeting of the district boards was called to order by
Chairman Virgil It.Reed at ~-O p.~m.
Directors present:Braden Finch (Chairman)
Ross Greeley
Heinz Kaiser
Directors absent:None
Others present:Nelson M.Launer,~dr1iinistrative Officer
Nat H.Neff,Engineer
E.J.Marks,Attorney
H~&rry Ashton,Attorney
Walter Chaffee,Attorney
C.Arthur Nisson,Attorney
Hugh Neighbour,City Engineer,Santa Ana
Ora Mae Merritt,Secretary
MINUTES OF MEETING A motion was made,duly seconded and
OF J’IARCH 2~s,1951 carried,approving the minutes of the
meeting held on March 2~,1951,as mailed
out.
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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
236 56,70
237 ~45.63
23~~5O4.64
$L~2~7°
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.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 Marks 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 CO1~Th~ITTEE 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 contr~tct is to be negotiated with
the consulting engineers for modification.
JOINT ADMINISTRATIVE
WARRANT REGISTER
ture and payment of:
228
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 Mr.Nelson N.Launer,Administrative
OFFICER’S REPORT Officer,reviewed Resolutions Nos.
57,5~and 59 which were mailed to
the Directors in his letter of April 6,1951
LEGAL PROGRESS
REPORT
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229
Director Warner reported that the fee of Harrison &
Woolley and Headman,Ferguson &Carollo is a flat sum of
4~l,5OO.OQ to appraise the Bacon Reports.That the fee for
modification of the report is ~5,OOO.OO,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 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,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
FIVE ,
AUTHORIZING AND RATIFYING THE
EMPLOYMENT OF HARRY A.OVERMYER AS
APPRAISER REPRESENTING COUNTY SANITATION
DISTRICTS NUMBERS ONE,TWO,THREE,FIVE,
SIX,SEVEN AND ELL~VEN TO APPP~AISE TF~
PERSONi~L PROF~RTY TO BE ACQUIRED FROM
THE JOINT OUTF2tLL SEWER
SECTION I.The Board of Directors of County Sanitation District
Number ij~e does resolve as follows:
WHEREAS,it has becorr.e 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
WI-~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.
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230
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
char~c~d 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 Ross_Greeley
-._____
,
who moved its adoption.Said motion was seconded
~y Director .Kaiser ,
and carried by the following vote:
Directors _GreeLey,Heinz Kaiser ~nd Braden Finch
NOES:Directors None
_____
ABSENT:Directors None
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
I,OFA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.Five of Orange County,California,
her~by certify that the above and foregoing Resolution was duly and
rep:ularly adopted by the said Board at a meeting thereof held on the
11th day of April,1951.
INWITNESS WHEREOF,I have hereunto set my hand this 11th
day of April,1951.
Secretary 0±the Boa d of DTrectors
of County Sanitation District No.
Five of Orange County,California
*~**
RESOLUTION NO.5~
A RESOLUTION OF THE BOARD OF DIRECTORS
OF COUNTY SANITATI~’N DISTRICT NUMBER
FIVE
,
AMENDING RESOLUTION NO.56.
The Board of Directors of County Sanitation District Number
_______
does hereby resolve as follows:
SECTION I.Resolution No.56,entitled ~‘RESOLUTION OF THE
BOiUiD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUFIBER FIVE
FIXING,ALLOWING AND APPROVING MILEAGE FOR MEr.IBERS OF ITS BOi~RD
OF DIRECTORS 1:THEN TRAVELING ON BUSINESS OF THE DISTRICT~,is hereby
amended by adding thereto Section III,as follows:
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231
•“SECTION III.The mileage of an authorized member of the
Executive Committeecornprised of the Chairman of County Sanitation
Districts Nos.1,2,3,5,6,7,~and ii,or a duly appointed proxy,
shall he paid from the Operating Fund of the District which he repre
sents.Said payment shall be made from March 2~,1951.”
THE FOREGOING RESOLUTION was introduced by Director Ross Greeley
_________
who moved its adoption.This motion was seconded by
Director ~and was carried by the following
vote:
AYES:Directors Ross Greeley,Heinz Kaiser and BradenFinch
NOi~S:Directors None
ABSENT:Directors_~None
___
STATE OF CALIFORNIA
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.j_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 Bo~’rd of Directors
of County Sanitation District No.5
of Orange County,California
****
RESOLUTION NO.59
A RESOLUTION OF COUNTY SANITi.~TION DISTRICT NO.
FIVE FIXING AND DETERMINING COMPENSATION
TO BE PiiID LEGAL COUNSEL
WHEREAS,the Co~inty Sanitation Districts have heretofore employed
legal counsel for both general and special services and tile Districts
now have employed certain legal counsel and may in the future employ
additional or other legal counsel;and
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S 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
WHEi~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 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 day the compensation for that day shall be One Hundred and Fifty
(~15O.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 Twelve Dollars and Fifty Cents (~12.5O)per hour by the
District or Districts for whom said services are rendered.
2+.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 P~iarks,
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 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.
—6-
233
THE FOREGOING RESOLUTION was introduced by Director Ross Greeley
_________________
who moved its adoption.This n~otion was seconded
by Director Heinz Kaiser ,
and was carried b the
following vote:
AYES:Directors Ross Greelev,Heinz Kaiser and Rrad~n Fr~
NOES:Directors None
__________
ABSENT:Directors None
STATE OF CALIFORNIA)
ss.
COUNTY OF ~ANGE
I,ORA MAE NERRITT,Secretary of the Board of Directors of
County Sanitation District No.Five of Orange County,California,
hereby certify that the above and f~regoing,Resolution was duly and
rei~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 Boa~of Directors
of County Sanitation District No.
Five of Orange County,California
*
RESOLUTION NO.60
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
S.:~NITATION DISTRICT NO.FIVE ,
AUTHORIZINC AND
REQUESTING COUNTY Si~NITATION DISTRICT NO.1 TO
EXECUTE THE CONTRACT OF EMPLOYMENT BETWEEN COUNTY
SA~NITATION DISTRICT NO.1 AS CONTRACTING AGENT,
AND K.J.HARRISON AND J.A.WOOLLEY,A CO-PART
NERSHIP,OPERATING UNDER THE FIRM Nit~OF HARRISON
&WOOLLEY,~ND SAM HEADMAN,BEN FERGUSON AND JOHN
A CAROLLO,A CO-PARTNERSHIP OPERATING UNDER THE
FIRM NANE OF HEADMAN,FERGUSON AND CAROLLO.
The Board of Directors of County Sanitation iiistrict No.Five
does resolve as follows:
SECTION I.A contract of employment of K.J.HARRISON and
J.A.~TOOLLEY,a co-partnerhip operating under the firm name of
HARRISON &WOOLLEY,and SAM HEADMAN,BEN FERGUSON and JOHN A.CAROLLO
a co—partnership operating under the firm name of HEADMAN,FERGUSON
&CAROLLO,by County Sanitation District No.1 as contracting agent
for County Sanitation flistrictsNos.2,3,5,6,7 and 11,has been
prepared and is.herewith presented to the Board of Directors of County
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23~
Sanitati~n District No.
—
,
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 ROSS Greeley
who moved its adoption.Said motion was seconded by Director
______________________
and carried by the following vote~
AYES:Directors Ross Greeley,Heinz Kaiser and Braden Finch___
NOES:Directors
________
None
____
ABSENT:Directors_________________None
_________________
STATE OF CALIFORNIA
ss.
COUNTY OF ORi~NGE
I,ORA MAE MERRITT,Secretary of’the Board of Directors of
County Sanitation District No.Five of Orange County,California
hereby certify that the above and foregoing I~eso1ution was duly and
regularly adopted by the said Board at a meetingthereof held on the
11th day of April,1951.
IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of
April,1951.
~Th ~
Secretary of the Boprd of Directors
of County Sanitation District No.5
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 ~l1en 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
235
Boards of Directors of County Sanitation Districts Nos.1,2,3,5,
6,7,~and 11 that .Director Virgil H.Reed and Allen i~.Mandy be
given a vote of thanks for their services and work in behalf of the
County Sanitatation 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.1,2,3,5,6,7,8 and 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 Board 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 Sanitation Districts’Boards.
ADJOURNi~NT Upon a motion made by Director Willis
H.Warner,duly seconded and carried,
the Chairman declared the meeting of County Sanitation District
No.5 Board of Directors adjourned at ~:4O p.m.
hairman,Board of 1~irectors
ATTEST:County Sanitation District No.5
Orange County,California
L1::;~e~_‘~27&*~2~~
secretary,Board of 1~irectors
County Sanitation District No.5
Orange County,California
APPOINTING NEW
CHAIRMAN FOR THE
JOINT I~IEETINGS OF
TW~:OISThICT BOARDS
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