HomeMy WebLinkAboutDistrict 05 Minutes 1951-11-28334
MINUTES OF REGULAR MEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.5
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:Braden Finch (Chairman)
Willis H.Warner
L.L.Isbel].
Directors absent:None
Oth~rs present:Raymond R.Ribal,Chief Engineer and
General Manager
E.E.Frisbie
K.J.Harrison
J.A.Woolley
Nat I-I.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
1951 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 the Consulting the consulting engineers reported that
-
most of the problems had been ironed
out and that before another weak
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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34L~i
Report of the
~xecutive Committee
Director Robert H.Boney,Chairman of
the Executive Committee Reported that
the Committee had unanimously recom
mended the following to the District
Boards:
1.The adoption 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 ~‘1anager to present the Amendment of the Sale and
Purchase Agreement to the various members of the JOS for
their signatures.
Authorizing Execution
of the Agreement of
Amendment to the Sale
and Purchase ~greement
After a general discussion,the Board
adopted R~so1ution No.101,attached
hereto at Exhibit A.
Directing the Chief
~gineer and General
Manager to present
the Amendment to
members of the JOS~
R~pQ~of the Chief
Er1~L~ncI General
Manager
After a general discussion,a motion
was made,duly seconded and carried,
directing the Chief Engineer and Genera]
Manager to present the Agreement to
Amendment of the Agreement of Sale and
Purchase to various members of the JOS
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.A 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.
Adj ournrnent Upon a motion made,duly seconded and
carried,the Chairman declared the
meeting adjourned at ~:30 p.m.
ATTEST:
Secretary,Board of iDirectors
County Sanitation District No.
Orange County,California
Chairman Board of irectoi~
County Sanitation District No.~
Orange County,California
5
335
RESOLUTION NO.101
A RESOLUTION OF THE BQi~RD OF DIRECTORS OF COUNTY SANI
TATION DISTRICT NUMBER FIVE OF ORANGE COUNTY,APPROV
ING THE AMENDMENT TO THE AGREEMENT OF S4~LE AND PURCHASE
BETWEEN THE CITIES OF SANTA ANA,ORANGE,ANAH~iIM AND
FULLERTON AND PLACENTIA SANITARY DISTRICT,LA HABRA SANI
T.~RY DISTRICT,BUENA PARK SANITARY DISTRICT AND GARDEN
GROVE SANITARY DISTRICT,i~S SELLERS,~ND COUNTY SANITATION
DISTRICTS NUMBERS ONE,T~”TO,THREE,FIVE,SIX,SEVEN AND
ELEVEN OF ORANGE COUNTY,AS BUYERS.
The Board of Directors of County Sanitation District Number
Five does re~o1ve as follows:
SECTION I.That the certain contr~ct 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,dated February 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 Five and the Secretary thereof be and
they are hereby instructed and authorized to execute said amend
ment on behalf of County Sanitation District Number Five of Orange
County.
The foregoing resolution was introduced by Director Isbell
who moved its adoption.Said motion was seconded by Director
Warner ,
and was carried by the following vote:
AYES:Directors L.L.Isbell,Willis H.Warner and
Braden Finch
NOES:Directors None
ABSENT:Directors None
STi~TE OF CALIFORNIA)
ss
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 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 WITNESS whereof,I have hereunto set my hand this 2~th day
of November,1951.
~
Secretar~Board of D~ectors of
County Sanitation District No.5
of Orange County,California
EXHIBIT “A”
Exhibit A 33G
1 AMENDMENT TO AGREEMENT OF SALE AND PURCHASE
2 DATED FEBRUARY 2~1,1951
THIS AGREEMENT,entered into this 2~th 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 2~,1951,wherein said Cities and Sanitary
~Districts are designated as “Sellers1’,and County Sanitation
9 Districts Los.1,2,3,5,6,7 and 11 of Orange County are
10 designated as ttbuyers~,
11 ~JHER~AS,it is necessary and desirable to amend certain
12 provisions of the Agreement of Sale and Purchase hereinabove
13 referred ~o for the purpose of ~nahling the parties hereto to be
14 in accord with respect to the acts and proceedings specified in
said Agreement of Sale and Purchase and required under the pro-
16 visions of the Health arid Safety Code of the State of California;
17 MOW,TF{EREFCIIE,the parties hereto do hereby covenant,
1E~promise and agree as follows:
19 I.That there shall he added to Section 17of the
2011 Agreement dated February 2~,1951 the following paragraph:
21 ~en all additional cor~struction described in
22 Paragraph 17 of the Agreement of Sale and Purchase dated
23 February 2~,1951,by the parti~s to this Agreement,and here-
24 tofore commenced,has been comrileted,t;hat no additional constr
25 uction und~’r Paragraph 17 shall be undertaken by the Sellers
26 during the time they retain possession,exceot as set forth in
27~Paragraph l~,as amended.
2~II.That Paragraph l~of that certain agreement made
9 and entered into by and between the parties hereto on the 2~th
0 d~y of Febr~ary,1951,be amended to read as follows:
1 I ~ring the time the Sellers remain in possession
of and mair~t dn arid operate said Section One,all rep1ar~ements
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%337
1 AMBZUhI~4T TO AGREDIPNT OF SALE AND PURCHASE
2 DATED FEBRUARY 28,1951
3
ThIS AGREEXEZIT,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
8 Districts are designated as ‘!Sellers”,and County Sanitation
9 Districts I4oa.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 parties 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,THEREFORE,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 Agreement dated February 28,1951 the following paragraph:
21 When all additional construction described in
22 Paragraph 1?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 completed,that no additional constr
25 uction und°r Paragraph 17 shall be undertaken by the Sellers
26 during the time they retain possession,except as set forth in
27 I Paragraph it,as amended.
28 J II.That Paragraph 18 of that certain agreement made
9 and entered into by and between the parties hereto on the 28th
d:y of Febriary,1951,be amended to read as follows:
1.r tring the time the Sellers remain in possession
2~I of and maint tin and operate said Section One,all replaitements
Si
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338
1 1.f any portion of the existing facilities and the construction of
2 additions thereto not presently contemplated as provided in
3 Paragraph 17,as amended (except such as may be required as
ordinary maintenance and repair o said facilities),shall be made
5 and constructed by the Buyers when such replacements and/or new
6 construction shall be found and determined by 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
14 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
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 Vjnton W.Bacon or substitutes therefor;otherwise said
24 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 not 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
301 ci~nt taxes to pay such amounts within said periods.
3l~III.That the second paragraph of Paragraph 23,
UTerminatjon??shall be amended to read as follows:
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2
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5
6
7
9
10
11
12
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p 14
15
16
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19
20
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This contract shall become null and void at the option of
either the Buyers or Sellers:
(a)In the event that th~several County Sanitation Distr
icts herein mentioned fail to sell the bonds authorized by the bond
election held in the respective districts on the 2~th day of Febru—
ary,.1949,at the earliest practicable date and not latcr ~hc~i~~uLv
1,1952;or
(b)In the event that the treatment and disposal facili
ties described in the engineering;reports of Vinton W.Bacon under
date of December 22,l94~,or as said plan may he modified in
ac~ordance with the provisions of this Agreement under the provi
sions of Section 475~of the Health and Safety Code of the State
of California,cannot be cor1structed or substantially constructed
from the proceeds of funds available fi~m said bond issues and other
funds now or hereafter made available therefor.If said plan as
outlined in the Bacon Reports shall be modified,such modification
shall provide for the construction of the best and largest capacity
facilities that can be constructed with the available funds and
with sufficient capacity to receive,treat and adequa~e1y dispose
of all sewage arising within the boundaries of the S~l~aid Buyers.
IV.That the first paragraph of subsection Three (3)
of Paragraph 15,‘~De1ivery of Possesion and Title11 shall be amended
to read as follows:
Buyers have,within a reasonable time hereafter,con
structed the land and marine sections of the proposed new out
fall sewer,and sufficicnt portions of the existinc~,and new
disposal plant and other facilities to adequately treat,handle
:and dispose of,in accordance with the requirements of the
Department of Health of the State of California,all sewage at
the time of delivery of possession arising within the boundaries
~of the Sellers and Buyers,and have such facilities in condition
V
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340
1 for operation;and which time said Sellers will execute and
2 deliver 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 for which said County Sanitation District has paid and a53’lmed
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 ~e and remain in full force and effect.
11 IN UIThESS 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.
114.CITY OF SANTA ANA
15 B IS!Courtney R.Chandler
~Mayor and President of the City Counci
16
SEAL ATTEST:
17
JsJ Erma Keeler
City Clerk
19 CITY OF ANAHEIM
20 SEAL
By Is!Chas.A.Pearson
21 Mayor
22 ATTEST:
23 Is!Charles E.Griffith
City Clerk
24
25 CITY OF FULLERTON
26
SEAL By /Thom~ias J~Ead~ngton
27 Mayor
2~ATTEST:
Lsj’Carrie D.Adams
City Clerk
1~
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‘
CITY OF ORANGE
By /Harold R.Post
Mayor
SEAL ATTEST:
/T.H.Eli4ah
City Clerk
3U~A 7ARK SANITARY DISTRICT
By JsJ I.D.Jaypes
President of its Board of Di~ectors
SEAL
And Is!Vera McKni~ht
Secretary
•GARD~J GROVE SANITARY DISTRICT
By Is!Charles E.Stevens
SEAL President of its Board of Directors
And /Walter B.Wentz
Secret thy
LA 1-TABRA SANITARY DISTRICT
By /Nelson ~i.Launer
President of i~s Board of Directors
S eal
And /A.~.Earley
Secretary
PLACENTIA SANITARY DISTRICT
By /‘~‘1.D.Soi~bee
Seal President of its Board of Directors
And /Don 13.Haiber
Secretary
S ELLERS
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3~2
S
COUNTY SANITATION DISTRICT NO.1
OF ORANGE COUNTY
By Is!Courtney R.Chandler
Chairman of its Board of Directo~rs
S EAL
And Is,!Ora Mae Merritt
Secretary
~O~NTY SANITATION DISTRICT NO,2
OF ORANGE COUNTY
By Is!Robert H.Boney
Chainnan of its Board of Directors
S EAL
And ~Ora Mae Merritt
Secretary
—
COUNTY SA~ITPTICN DISTRiCT NO.3
OF ORANGE COUNTY
By /Hugh W.Warden
Chairman of its Board of Directors
S EAL
And Is!Ora Mae Merritt
Secretary
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY
By Js/Braden Finch
Chairman of’its Board of Directors
SEAL
And /Ora Mae Merritt
Secretary
COUNTY $ANITATION DISTRICT NO.6
By s/s C.N.Nelson
____________
Chairman of its Board of Dir ector~
S~AL
Arid ~/Ora Mae Merritt
S ecretary
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COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY
By Is!Vincent L.Humeston
—
Chairman of its Board of Director~s
SEAL
And ~Ora Mae Merritt
S ecretáry
COUNTY SANITATION DISTRICT NO.11
OF ORANGE COUNTY
S EAL
By ~Willis _Warner
Chairman of its Board of Directors
And ~/Ora Mae Merrit
Secretary
BUYERS
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