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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. —1-. 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 —-I — %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 -1— 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: —2— .~.1~339 1 2 3 5 6 7 9 10 11 12 13 p 14 15 16 17 19 20 21 22 23 24 25 26 27~ 2~ L 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 —3— 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~ —4— ‘ 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 —5— 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 -6~. 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 -7-