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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 -2—