HomeMy WebLinkAboutDistrict 05 Minutes 1951-12-12345MINUTESOFREGULARMEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.5
December 12,1951 at ~:OO p.m.
Board of Supervisors’Room
Court House
Santa Ana,California
Chairman Finch called the joint meeting of the Districts?
Boards to order at ~:OO p.m.
The roll was called and the Secret~iry reported a quorum present.
Directors present;Braden Finch (0hairman)
L.L.Isbell
Willis H.Warner
Directors absent:None
Others present:
Minutes of Meeting
of Nov emb ér 28,1951
Joint Administrative
Warrant Register
Warrant
Demand
No.
JA-3~9
390
391
392
393
394.
395
396
Raymond R.Ribal,Chief Engineer and General
Manager
C.Arthur Nissan,Jr.,Attorney
E.J.Marks
Harry Ashton
K.J.Harrison
J.A.Woo].1ey~
Nat H.Neff
E.E...Frisbie
John Colweil
Ben Reddick
Ora Mae Merritt,Secretary
A motion was made,duly seconded and carried,
approving the minutes of the meeting held
on November 2~,1951,as mailed out.
A motion was made,duly seconded and carried,
approving,the Joint Administrative Warrant
Register for signature and payment of:
____________
Amount
30.00
10.50
5.00
1.60
200.00
3.39
6.23
104.22
$
____
In Favor Of
F.R.Harwood
Bales Office F~c~uipment Co.
Tiernan’s Office Enuipment
Santa Ana Register
E.J.Marks
Middleton Motor Sales
Ora IVIae Merritt
Pacific Telephone &Telegraph Co.
Report of Chief
Engineer and General
Manager
Report of the Exe
cutive Committee
Committee to have
cancelled.
Mr.Raymond R.Ribal,Chief Engineer and
General Manager read his report to the
Directors.This report is on file in the
office of the Secretary.
Director Robert H.Boney,‘Chairman of the
Executive Committee stated he had no report
to make as the reg~1ar meeting of the
been held the preceding Wednesday was
3L~
Report of the Committee Director Willis H.Warner,Chairman of
negotiating a contr~ct the Committee appointed to negotiate a
with the Consulting contract with the Consulting Engineers,
Engineers reported that the mimeographed copy of
a contract which had been mailed to the
Directors was the result of many conferences between the
attorneys,engineers and the Committee and bears the recom-.
mendation of the Committee for approval and acceptance by the
District Boards.
At the request of the Chairman,Director Warner read the pro
posed contract with Harrison &Woolley and Headman,Ferguson &
Carollo.
In the general discussion that followed,Mr.Nisson,attorney
for the Districts,enuinerat~d several minor changes which he re
quested the Boards to consider.Mr.Nisson also read two other
proposed changes:
(a)Revision of cancellation in Paragraph XV
(b)A revision relative to a majority of the Boards’
approval to the preliminary plans and specifi
cations,or direct modification thereof within
the scope of the project.
After a general discussion by the Directors,attorneys and
engineers,Director Warner recommended that a recess be taken.
Upon a motion made,duly seconded and carried,the Chairman
declared a ten minute recess at 10:25 p,m.
The meeting reconvened at 10:35 p.m.,at which time Director
Warner reported that the changes in the consulting engineer’s
contract,as proposed by Mr.Nisson,were acceptable to the attorneys.
engineers and the Committee in charge of negotiating the contract;
and that the Committee recommended the contract,with the proposed
changes,to the Directors for approval and execution.
Approval of Contract The Board of Directors adopted Reso
with Harrison &lution No.102-5 ,approving the con
Woolley,et al tract between County Sanitation Dist
ricts Nos.1,2,3,5,6,7 and ii and
Harrison &Woolley and Headman,Ferguson &Carollo.This
Resolution is attached hereto and made a .art of of these
minutes.
Authorizing Execution The Board of Directors adopted Resolu
of a contract with tion No.103—5 ,authorizing execution
Harrison &Woolley,eta]of a contract between County Sanitation
Districts Nos.1,2,3,5,6,7 and 11
arid Harrison &Woolley and Headman Ferguson &Carollo.This
Resolution is attached hereto and made a part of the~e minutes.
Authorizing Sale of The Board of Directors adopted Resolution
Bonds No.109-5
,authorizing the sale of the
District’s bonds.This Resolution is
attached hereto and made a part of these minutes.
Authorizing Execution The Board of Directors adopted Resolution
of an Amendment to the No.111-.~,authorizing execution of an
Purchase and Sale Agree Amendmen~to the i~greement of Sale and
ment
______________
Purchase,relative to annexation.This
-
Resolution is attached hereto and made a
part of these minutes~
—2-
w 347
Authorizing execution The Board of DLrectors adopted Reso
of ~greement between lution No.106-5 authorizing execution
City of Newport Beach of an Agreement of Sale and Purchase
and Districts Nos.5 between the City of Newport Beach and
and6 County Sanitation Districts Nos.5 and
6.This resolution is attached hereto
and made a part of these minutes.
Authorizing execution The Board of Directors adopted Resolu
of an ~reement between tion No.107-5,authorizing the oxecutio
ii~~cts Nos.5 and 6 of an Agreement of Joint Construction an
Operation between County Sanitation
Districts Nos.5 and 6.This resolution is attached hereto
and made a part of these minutes.
District No.5 A motion was made by Director Willis H.
O~erating Fund~Warner,duly seconded and carried,
Warrant Register approving the Operating Fund Warrant
Register of County Sanitation District
No.5 for signature and payment of:
Warrant
Demand
No,,In Favor Of 4~mount
5-57 Ross Greeley ~13,60
5~Braden Finch 57.40
59 Willis H.Warner 10.47
60 Heinz Kaiser 2.91
61 L.L.Isbell ~2.6O
62 Harry Ashton 45.~4
~2l2.~2
Adjournment Upon a motion made,duly seconded and
carried,the Chairman declared the
meeting adjourned at 11:15 p.m.
Chairman of the Board of Directors
County Sanitation District No.5
Orange County,California
ATTEST:
Secretary of the Board o irectors
County Sanitation District No.5
Oran~e County,California
—3—
348
RESOLUTION NO.102-5
RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.FIVE APPROVING THE
PROPOSED CONTRACT BETWEEN COUNTY SANITATION
DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIP~,
ACTING AS CONTRACTING AGENT FOR COUNTY SANITA
TION DISTRICTS NOS.1,2,3,5,6,7 and 11 OF
ORANGE COUNTY,CALIFORNIA,AND TFff~ENGINEERING
FIRMS OF HARRISON &WOOLLEY AND HEADMAN,FERGUSON
AND CAROLLO,AND PROVIDING FOR ITETHOD OF PAY~’E~NT
IN ACCORDANCE WITH THE TERMS PROPOSED IN SAID
CONTRACT.
The Board of Directors of County Sanitation District No.5
does resolve as follows:
SECTION 1.RESOLVED,that certain contract between the
Engineers K.J.Harrison and J.A.Woolley,doing business as a
co—partnership under the firm neme and style of Harrison &Woolley,
and Sam Headman,Ben Ferguson and John A.Carollo,doing business
under the firm name and style of Headman,Ferguson and Carollo,
and County Sanitation District No.1 of OrLLnge County,acting as
contracting agent for County Sanitation Districts Nos.1,2,3,5,
6,7 and 11 of Orange County,dated February 1,1952,a copy of
which is on file in the office of the Chief Engineer and General
Man~ger of said County Sanitation Districts,be and the same is
hereby approved.
SECTION 2.FURTHER RESOLVED,that the date of February 1,
1952 be approved ~is the effective date to be given said contract
d~scribed in Section 1 above.
SECTION 3.FURTHER RESOLVED,that payment ~‘or services
to be rendered in accordance with said contract described in
Section 1 above be made from the Joint jtdriinistrative Fund of
said respective County Sanitation Districts prior to receipt of
noney derived from the sale of bonds,and thereafter from the
Suspense Fund in accordance with the provisions of the Joint
Construction and Operation Agreement dated December 12,1951,and
in accordance with the provisions of said Contract of Employment
described in Section 1 above.The Joint Administrative Fund shall be
3L~9
reimbursed from the Suspense Fund the amounts paid from said
Operating Fund upon receipt of moneys derived from the sale of
bonds.
The foregoing Resolution was introduced by Director
Willis H.Warner who so moved its adoption.Said motion
was seconded by Director L.L.Isbell and was
carried by the following vote:
AYES:Directors Willis H.Warner,L.L.Isbell and Braden
Finch
NOES:None
ABSENT:
V
None
STATE 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,
hereby certify that the above and foregoing Resolution wets duly
and regularly adopted by the said Board at a regular meeting
thereof held on the 12th day of December,1951.
IN iiIITNESS WHEREOF,I have hereunto set my hand this 12th
day of December,1951.
ø*~z~~2~-4~
Secretary of the Board 6f Directors
of County Sanitation District No.~
of Orange County,California
RESOLUTION NO.103-5 350
RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.FIVE OF ORANGE COUNTY,
CALIFORNIA,DIRECTING COUNTY S~&NITi~TION DISTRICT
NO.1 OF ORANGE COUNTY,CALIFORNIA TO EXECUTE A
CERT~:.IN CONTRACT EMPLOYING HARRISON &WOOLLEY
AND HEADMAN,FERQJSON AND CAROLLO,DATED FEBRIJARY
1,1952.
The Board of Directors of County Sanitation District No.5
does resolve as follows:
SECTION 1.The Directors of County Sanitation District No.
1 are hereby directed and requested to execute on behalf of County
Sanitation District Five of Orange County,California,a certain
contract wherein said District No.1 employs as engineers the firms
of Harrison &Woolley,a co—partnership consisting of K.J.Harrison
and J.A.Wooley,and Headman,Ferguson &Carollo,a co-partnership
consisting of Sam Headman,Ben Ferguson and John A.Carollo,a copy
of which is on file in the office of the Secretary of District
No.Five ;and said District No.1 is further requested to
direct their Chairman and Secretary to execute said contract making
the effective date thereof February 1,195?.
The foregoing Resolution was introduced by Director
Willis H.Warner who so moved its adoption.Said
motion was seconded by Director L.L.Isbell and was
carried by the following vote:
AYES:Directors Willis H.Warner,L.L.Isbell and Braden Finch
NOES:None
ABSENT:None
STATE OF CALIFORNIA)
55
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,
hereby óertlfy that the above and foregoing Resolution was duly
and regularly adopted by the said Board at a regular meeting there
of held on the 12th day of December,1951.
IN WITNESS WHEREOF,I have hereunto set my hand this 12th
day of Deccmber,1951.
Secretary of the Board 6f Directors
County Sanitation District No,5
of Orange County,California
~retary of thà Board(of Directors of
County.Sanitation District No~5
of Orange County,California
351
RESOLUTION NO.106—5
A RESOLUTION OF THE BOARD OF DIRECTOR~S OF COUNTY
SANITATION DISTRICT NUMBER FIVE OF ORANGE COUNTY,
CALIFORNIA,APFROVING THE AGREE1V~NT OF SALE kIND
PURCH~tSE BETWEEN THE CITY OF NEWPORT BEkICH,CkILIF
ORNIA,AS SELLER,AND COUNTY SANITATION DISTRICTS
NUMBERS FIVE AND SIX OF OR±~NGE COUNTY,ChLIFORNI4~,
kIS BUYERS
The Board of Directors of County Sanitation District Number Five
does resolve as follows:
SECTION I.That the certain agreement made by the City of
Newport Beach,California,as Seller and County Sanitation Districts
Numbers Five and Six of Orange County,California,as Buyers,wherein
the Seller agrees to sell and the ?‘iyers agree to buy the land,rights
of way,and sewage disposal facilities in what is commonly known as
Newport Beach Trunk ~Unit 1,Newport Beach Trunk t’kt~,Unit 2,and
Newport Beach Trunk “A”,Unit 3,be and the same is hereby approved.
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 contract on
behalf of County Sanitation District NumberFive of Orange County,
California.
The foregoing Resolution was introduced by Director Willis H.
Warner ,
who moved its adoption.Said motion was seconded
by Director L.L.Isbell ,
and was carried by the following
vote:
AYES:Directors Willis H.Warner,L.L.Isbell and Braden Finch
NOES:None
ABSENT None
STATE OF C~LIFORNIA)
ss
COUNTY OF OR~N GE
I,OR~~M~E MERRITT,Secretary of the Board of Directors of County
Sanitation District No.5 of Orange County,California,hereby certify
that the above and foregoing Res~~ii,tion was du1~r and regularly adopted
by the said Board ~t a regular meeting thereof held on the 12th day of
December,1951
IN WITNESS WHEREOF,I have hereunto set my hand this 12th day of
December,1951.
RESOLUTION NO.107-5
—
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NUMBER FIVE OF ORANGE COUNTY,
CALIFORNIA,APPROVING THE JOINT CONSTRUCTION AND
OPERATION AGREEME~NT BETWEEN COUNTY SANITATION DIS
TRICTS NUMBERS FIVE AND SIX OF ORANGE COUNTY,
CALIFORNIA.
The Board of Directors of County Sanitation District Number
Five does resolve as follows:
SECTION I.That the certain contract made between County
Sanitation District Number Five of Orange County,California,and
County Sanitation District Number Six of Orange County,California,
with reference to the joint construction and operation of sewerage
facilities to be constructed and being acquired jointly by said
sanitation districts,be and the same is hereby approved.
SECTION II.The Chairman of the Board of Directors of County
Sanitation District Number five and the Secretary thereof be ~.nd
they are hereby instructed and authorized to execute said
contract on behalf of County Sanitation District Number Five of
Orange County,California.
The foregoing resolution was introduced by Director
~‘1iliis H.Warner
-
who moved its adoption.Said motion was
seconded by Director —_L.L.Isbeli
,
and was carried by
the following vote:
AYES:Directors Willis H._Warner,L.L.Isbell and
Bradon Finch
NOES:None
—____
ABSENT:None
--______________________
STATE OF CALIFORNIA)
ss
COUNTY OF ORk~NGE )
I,ORA MAE ~RRITT,Secretary of the Board of Directors County
Sanitation District No.5 of Orange County,California,hereby
certify that the above and foregoing Resolution was duly and
regularly adopted by the said Board at a regular meeting thereof
held on the 12th day of December,1951.
IN WITNESS WHEREOF,I have hereunto set my hand this 12th day
of December,1951.
2~4~-2~~
Se~retary of the Boa~d of Directors
of County Sanitation District No.5
of Orange County,California
353
RESOLUTION NO.109-5
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.5 OF T:-~E
COUNTY OF ORA~E,STATE OF CALIFORNIA,
PROVIDI1~c-FOP.THE ISSUANCE OF BONDS OF
SAID DISTRICT IN THE Ai;OU~TT OF SEVEN HUNDRED
NINETY—SIX THOUSAND DOLLARS (~796,ooo)
December 12
,l9~5~1_
On motio~i of Director Willis H.Warner
,
seconded and carried,the following Resolution was ado”ted:
WHEREA$,in accordance with the provisions of the
County Sanitation District Act,now Chapter ~,part ~,Division
V of the Health and Safety Code of the State of California,
this Board,on January 26,1949,adopted the re~Dort
required by Section 4748 of said Act,of Vinton W.
Bacon,Sanitation Engineer,filed in the office of this
Board on December 22,1948;and
WHEREAS,on the 25th day of January,1949,this
Board adopted a resolution calling and ordering a special
electIon to be held in said District on February 28,1949,
for the object and purpose of su~r~iitting to the qualified
electors of saIc~i.District the proposition of incurring a
oonded debt in t~~e amount ot ~796,OOO.OO br tue puriDoses
stated in the said re~ort of Vinton U.Bacon;and
~fl-EREA~,this Board,on i.arch 7,1949,duly can
vassed the returns of said election,and adopted its reso
lution finding and declaring that at said election more
than two—thirds of the total votes cast were in favor of
incurring such bonded indebtedness;
NOW.,THEREFORE,IT IS HEREBY RESOLVED,DETERi•iIN~D
AND ORDERED by the Board of Directors of County Sanitation
District No.5 of Orange County as follows:
35L~.
1.That bonds of County Sanitation District No,
5 of Orange County in the sum of •,~796,0OO.OO shall be
issued and sold in accordance with the provisions of said
County Sanitation District Act for the objects and purposes
set forth in the said resolution calling said special
electior~.Said bonds shall be seven hundred ninety—six (796i
in number,of the’denomination of ~1,OOO.0O each,numbered 1
to 796 inclusive,designated “5eries lt~and dated August 1,
1951.Said bonds shall bear interest at a rate or rates to
hereafter fixed no~to exceed six oercent (6%)per annur~
payable annually for the first year and semiannually there
after.The principal and,interest of the said bonds shall
be payable in lawful money of the United States of America
at the office of the County Treasurer of the County of
Orange in the City of Santa Ana,State of California.
2.That the bonds shall mature and be payable in
consecutive numerical order,~2O,O0O on August 1 in each
of the years 1952 to 1987,inclusive,and ~25,0OO on August
1 in each of the years 1988 to 1989 inclusive and ~26,OOO on
August 1 in the year 1990,
3.That said bonds shall be substantially in the
following form:
UNITED STATES OF AMERICA
STAT OF.CALIFORNIA
COUNTY SANITATIOIT DISTRICT NO.6
OF ORANG-E COUNTY
3OND
SERIES NO.1
NO.________~10OO
County Sanitation District No.5 of Orange County,Californi
a district created and existing under and by virtue of the ount:
Sanitation District Act,now CI~apter 3,Part 3,Division V of th~
Health and Safety Code of the State of California,for value
received,hereby acknowledges itself indebted and promises to pay
to the bearer hereof on the first day of August,19
.,
at the
office of the County Treasurer of the County of Orange,in the
City of Santa Ana,state of California,the sum of one thousand
dollars in lawful money of the United States of America,with fl~t
-2-,.
355
thereon in like lawful money,at the rate of
______
Dercerit
per annum,payable semiannua).ly on the first day of February
and the first day of August of each and every year from and
after the date hereof,except that interest for the first
year shall be ~?ayable in one installment at the end of said
year,at the said office of the County Treasurer of the
County of Orange,on presentation arid surrender of the in.—
torect coupons hereto attached,until this bond is fully :LDaid.
This bond Is one of a series of seven hundred ninety—six
bonds of lilce tenor and date,exce~?t as to denomination,maturity
~nd except thet the interest rates thereof m~y differ,numbered
restectively from 1 to r?96,inclusive,amo14ntiri~in the
a~gregate of seven hundred ninety—six thousand dollars.
This bond is issued by the Board of Directors of
County Sanitation District 110.5 of Orange County,California,
under t1~e authority conferred u~on said Board by the ~ro~
visions of said County Sanitation District Act,and by virtue
of a two—thirds vote of the qualified voters of said District
Voting at an election duly called and held on the 28th day of
iTebruary,1949.
IT IS HER~3Y CEF~TIFI]~D,RECITED AiID DECLARD that
said election was duly called,duly held and duly conducted
and the notice thereof duly c::iven arid the returns thereof
canvassed arid declared in accordance with all the provisions
ol’law relating thereto,and t1~at all of the proceedings of
the Board of Directors of County Sanitation District No.5
of Orange County in the matter of the issuance of this bond
were regular and in strict accordance with the ~ovisions of
said County Sanitation District ~ot and of the Coristitution
of the ~tate of California.It is further declared that the
issue of bonds of which this bond is one is the first issue
of bonds of said County Sanitation District No.5.
This bond is in the form prescribed by resolution
of the Board of Directors of County Sanitation District No.
5 of Orange County and the money for the rede~ttion of this
bond and th~payment of interest thereon shall be derived
from an annual tax upon.the r~al ~ro;:erty in said district
and all of the said propert~~in said district shall be and
remain 1Iabl~to be taxed for such pa:merits.
IN WITNESS EOF,the ~aid Board of Directors of
County Sanitation District No.5 has caused this oonc.i to he
si~ried by its Chairman and counte~signod b:v the Auditor of
said District by his facsimile signature,and the seal of
said District to be affixed thereto,arid the interest coupons
attached hez’eto to be signed by said Audi.Cor by his facsimile
siSnature,this first day of August,1951.
Chai~man of the Boa~ci of Directors of
Qourity Sanitation District No.5 of
Ora:’ige County
(SEAL)Countercigned:
Auditor of the County of Orange and
ex—officio Auditor of County Santt~—
tion District No.5 of OraI~ge County
—3--
35G
4.That coupons shall he attached to each of’the
said bonds for the interest accruing thereon and that said
interest coupons of said bonds shall be numbered consecutively
and shall be substantially in the following form:
~
__________________
On the 1st day of
________________,
19
,County
Sanitation District No.5 of Orange County,california,
will pay to the bearer hereof,at the office of the County
T~easurer of the County of Orange,in the City of Santa Aria,
State of California,the sum of ~____________,
in lawful
money of the United States of America,being the
___________
(annual or semiannual)interest then due on Bond No.
___________
Series 1 of said District,dated August 1,1951.
Auditor al the County of Orange ai~d
ex—officio Auditor of County Sanita
tion District No.S of Orange County
5.That the Chairman of the Board of Directors of
said County Sanitation District No,5 be,and he is hereby
authorized and directed to sign all said bonds and to affix
thereto the seal of said district hoard,arid.the Auditor of
said district be,and he is hereby authorized and directed to
countersign said,bonds and.to sign the interest coupons of
said bonds,and that said countersignature arid signature of
the Auditor may be signed by his printed,engravocl or litho—
graphed s~.gnature,and that said bonds when so signed and
countersigried shall he delivered by said Auditor of sa~.cl Di
strict to the Treasurer of s~id County:,arid shall by said
Treasurer be cLelivereci to such ~Dersons ~n such amounts and
such times as th~Board of Dlrector3 of County Sanitation
District No,5 shall determine and direct.
6.That the proceeds of the sale of said bonds shall
be placed in the Treasury of the County of Orange to the cre
dit of County Sanitation District No,5 of Orange County,and
all :preriliurns and accrued interest received.shall he paid into
the fund to be used 1’or the payinent of ~rincioal and interest
—4.-
357
on the bonds,and the remainder of the proceeds of the sale
shall be paid into the construction fund of the district and,
except as otherwise provided or permitted by law,shall be a’o—
plied exclusively to the objects and purposes rnen1~ioned in the
resolution of said Board of Directors of County Sanitation
District ~o.5,adopted on January 26,l9~9,calling the
special election at which said bonds were authorized.
7,That th~Board of Directors of said district
shall annually,at least fifteen (is)days before the first
day of the month in which the Board of Supervisors of Orange
County is required,by law,to levy the amount of taxes re~uired
by law for county puri?oses,furnish to said Board of Supervisors
a written statement of the amount necessary to pay the interest
on said bonds for that year and such portion of the principal
thereof as is to become due befor.e the ti:fte for making the next
general tax levy,and the said Board of Supervisors,in accordance
with the duty imposed upon them by the provisions of said County
sanitation District Act,shall annually at the time and in the
manner of levying other county taxes levy and cause to he col
lected,a tax u~2ofl the taxable real property in said County
Sanitation District No.5 of Orange County,based U~)Ofl the
last equalized assessment roll of said county;sufficient to
pay the interest on said bonds for that year and such portion
of the principal thereof as is to become clue before the time
for making the next :.Gneral tax levy.Said tax shall be
collected at tne same time and in the sane manner as tne
goneral tax levy for county ~urposos and~when co:Llected,shall
be paid,into the Treasury of said Orange County to the credit
of said.district and shall be used for the payment of the
principal and interest on said bonds and for rio otner purose.
The ~rmncipal and interest on said bonds shall be paid by
the County Treasurer of Orange County in the ~iIariner riOW or
hereaL.Lter provi~ed by law for ths :~a~~ment of principal arid
—5—
358
interest on the bonds of said county.
8.That sealed ~roposals for the :2urchase of
~f~r?96,oc~.OO of bonds shall be received by this Board
at the office of the Secretar~r of this Board in the Orang~e
County Court House,Room 205,Santa Aria,California,up
to the hour of 8:00 o’clock ~~January
23
,1952,
9.That the Secretary of this Board shall cause
a notice inviting bids for said ~796,OOO,0O bonds to be
published once in the Newport-Balboa Press
-
Said notice ~ha11 be in words and figures as follows:
NOTICE INVITING BIDS FOR c~796,ooo BONDS
OF COUNTY SANITATION DISTRICT NO,5 OF
ORAii~E COUNTY,CALIFORNIA
NOTICE IS HEP~BY GIVEN that sealed p~oposa1s for
the purchase of ~796,O0O.0O par value ~rincipal amount of
bonds of County Sanitation District No.5 of Ora~i~e County,
California,will be received by the Board of Directors of
said district at the office of the Secretary of said Board
in tho Oran~o County Court Houso,Room 205,Santa Ana,
California,up to the hour of 8:00 o’clock P.N.~n
J~nuarv 23 ,1952.
Said bonds wore authorized at an election hold
in said district on Fobruary 28,l9~:9,and constitute the
first ±ssue of bonds of said district.Said district is
organized under and said bonds are to be issued ~)ursuant to
the ~:‘ovisions of the County Sanitation District Act,Chapter
3,Part 3,Division V of the Health and Safety Code of the
State of California.
Said.bonds consist of 796 bonds,nu.1ibered I to
r?~3,inclusive,of the denomination of ~1OO0 each,to.be
dated August 1,1951,to be payable in consecutive numerical
order,~i2O,0O0 on August 1 in each of the years 1952 to l9d~?,
-6-
359
inclusive,and ~)25,OO0 on August 1 in each of the years
1988 to 1989 inclusive and ~26,000 on August 1 in the year 1990,
and to bear interest at a rate or rates not to exceed six percent
(6%)per annum,payable annually the first year and semiannually
thereafter.Said bonds and the interest thereon are payable
in lawful money of the United States of America at the office
of the Treasurer of said County.
Said bonds will be sold for cash only and for not
less than par and accrued interest to the date of delivery.
Each bi.d must state that the bi.dder offers par and accrued ~n
terest to the date of delivery,and state separately the prc.n~iurn~
if any,offered for said bonds,and the rate or rates o±~interest,
-not exceeding 6%per annum,said bonds shall bear,whioh rate
-
or r~os shall ~o a multiple of one—quarter of one percent0
~ach bid shaJl he for the entire amount of said bonds~,
—
Not to exceed three rates of interest may be bid,but no singj.o
—
bond shall bear more than one rate of intcrest~
—
Bids will be compared on the basis of net interest
cost,which shall be determined by computing the total amount
—
of interest which the district would be required to pay from
the date of the bonds to the res~Dective maturity dates there—
—
of at the rate or rates 3~?ecified in the bid and by deducting
therefrom any ~remiurn bid.
—
The opinion of O’Melveny &Myers,Los Angeles,California,
approving the validity of said bonds,will be furnished
the successful bidder without cost to the bidder.
A certified or cashier’s check for a sum not less
than three percent (3%)of the :Par value of said bonds,pay
able to the order of the Treasurer of Orange County,must
o accompany each bid as a guaranty of that bidder,if successful,
will accept and pay for said bonds in accordance w~.th
=the terms of his bid.The proceeds of the check accomoanying
the accepted bid shall be applied on the purchase price,or,
-7,-
360
if such bid is accepted but not oerformecl,shall be retained
by the County Treasurer for the benefit of the district,un—
loss such failure of performance is caused by any act or
omission of said county,said district,or an officer of
either of them.Checks accompanying unaccepted bids will be
returned promptly.
At any time before the bonds are tendered for cle—
livery,the successful bidder may disaffirm and withdraw the
proposal if the interest received by private holders from
bonds of the same type and character shall be declared to be
taxable income under present federal income tax laws,either
by a ruling of the Bureau of’Internal Revenue or by a decision
of any federal court,or shall be declared taxable by the
terms of any federal income tax law enacted subsequent to the
date of this notice.
This sale of bonds has been approved by the ~vIestern
Investment Banking Voluntary Credit Restraint Committee.
At the time of pay~ient for the delivery of’said
bonds,the successful bidder will b?furnished with a cert
ificate that there is no litigation pending affecting the
validity of the bonds.
Said bonds will be delivered at the office of the
County Treasurer o~said County.
The Board of Directors reserves the right to reject
any and all bids or to waive any irregi~larity or informality
in any bid.
The bids will be opened at the meotin~of said
Board of Directors to be held Januery 23 ,
at 8:00 P.M.,at the meetin~place of said Board in the
Orange County Court House.
By order of the Board of ~irectors of’County
Sanitation District No.5 of Orange County,California.fi
—8-
361
adopted December 12 ,
1951.
Secretary of the Board ~‘f Directors
of County Sanitation District No.5
of Orange County,California
10.That all prior resolutions and orders providing
for the issuance of said bonds,including the Resolution
adopted.1y this Board on May 25,1949,be,and the same are
hereby resci.nded and repealed.
AYES:Directors Willis H.Warner,L.L.Isbell ~nd Eraden Finch
NOES:None
ABSENT:None
STATE OF CALIFORNIA )
)Cs.
COIJNTY OF 0RANG~
I,ORA i’iAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,
hereby certIfy that the above and foregoing Resolution was
duly and regularly adopted by the said Board at a regular
meeting thereof held on the 12th day of Dece~:ti:ur
—
1951,and passed by a unaninious vote of said Board.
IN WITNESS WHEREOF.I have hereunto sot my hand
this 12th day of December
,
1951.
~
Secretary of the Board of(~irectors
of County Sanitation District No.5
of Orange County,California
—9-.
RESOLUTION NO.111-5 362
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT FIVE OF ORANGE COUNTY,APPROV
ING THE A~NDMENT TO THE AGREEMENT OF PURCHi~SE AND
SALE BETWEEN THE CITIES OF SANTA ANA,ORANGE,
ANAHEIM AND FULLERTON AND PLACENTIA SANITARY DIST
RICT,LA HABRA SANITARY DISTRICT,BUENA PARK SANI
TARY DISTRICT AND GARDEN FROVE SANITARY DISTRICT,
AS SELLERS,AND COUNTY SANITATION DISTRICTS NUMBERS
ONE,TWO,THREE,FIVE,SIX,SEVEN AND ELEVEN OF
ORANGE COUNTY,AS BUYERS.
The Board of Directors of County Sanitation District Number Five
does resoLve as follows:
SECTION I.That the certain contract 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 2E~,1951,wherein the
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 December 12,1951 and providing for the annexation of a
part of Midway City Sanitdry Dis.trict to County Sanitation District
No.3 of Or~.nge County,copy of which is on file in the office of
the Secretary.
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 amendment
on behalf of County Sanitation District Number Five of Orange
County.
The foregoing resolution was introduced by Director
Willis H.Warner
,
who moved it~adoption.Said motion was
seconded by Director L.L.Isbell
,
and was ca~ried by the
following vote:
AYES:Directors Willis H.Warner,L.L.Isbell and Braden Finch
NOES:None
ABSENT:None
3G3
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of’Dirictors
of County ~‘anitation Ijistrict No.Five of Orange County,
California,hereby certify that the above and foregoing
Resolution was duly and reguldrly adopted by the sdid Board at a
regular meeting thereof held on the 12th day of December,1951.
•
IN WITNESS WHEREOF,I have hereunto set my hand this
12th day of December,1951.
~
Secretary of the Board of Directors
of County Sanitation District No.5
of Orange County,California
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