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HomeMy WebLinkAboutDistrict 06 Minutes 1951-04-11231 V MINUTES OF REGULAR ~ETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.6 OF ORANGE COUNTY~CALIFORNIA April 11,1951 at ~:OO p.m~ Board of Supervisors’Room Santa Ana,California The Board of Directors of County Sanitation District No~6 met in regular session~ The joint meeting of the district boards was called to order by Chairman Virgil H.Reed st ~:1O p.m~. Directors pra~ent;~.M.Nelson (Chairman) Braden Finch Heinz Kaiser Directors absent~None. Others present:Nelson M.Launer,Administrative Officer Nat H.Neff,Engineer E.J.Marks,Attorney Harry Ashton,Attorney Walter Chaffee,Attcrney C.Arthur Nisson,Attorney Hugh Neighbour,City Engineer,Santa Ana Ora Mae Merritt,Secretary MINUTES OF MEETING A motion was made,duly seconded and ca:’rie~, OF MARCH 2~,1951 approving the minutes of the meeting held on March 2~,1951,as mailed out. -.1— JOINT ADMINISTRATIVE A motion was made,duly seconded and WARRANT i~EGISTER carried that the Joint Administrative Warrant Register be approved for signa ture and payment of: Warrant Demand No.In Favor Of ______ City of Santa Ana Bales Office Equipment Co. Toastmasters International The Pacific Telephone &Telegraph Co. E.J.Marks and Adrian Marks C.Arthur Nisson,Jr. ________ Mr.Nelson N.Launer,Administrative Officer,reviewed Resolutions Nos. 57,5E~and 59 which were mailed to the Directors in his letter of April 6,1951. Mr.Launer stated that the City of Anaheim had selected Mr.Robert Barletta as the appraiser for the Joint Outfall Sewer and District No.11 had selected Mr.Harry A.Overmyer as the appraiser for the Sanitation Districts,to fix the value of personal property owned by the Joint Outfall Sewer and to be acquired by the Sanitation Districts under the Agreement for Purchase and Sale which was signed on February 28,1951. Judge Marks reported that he and Mr. Nisson went to Fresno for the hearing on the Petition for Writ of Mandate in the Court of Appeals and that a week later the court returned a decision that a ceiling cannot he imposed on the tax levy in the limited participation districts. Director Robert H.Boney,Chairman of the Executive Committee called upon Director Willis H.Warner,Chairman of the Special Committee,for a report upon negotiation of contracts with Harrison &Woolley and Headman,Ferguson &Carollo. Mr.Warner reported that the negotiations with the con sulting engineers were divided into two parts: 1.Negotiation of a contract with Harrison &Woolley arid Headman,Ferguson &Carollo,consulting engineers, providing for an appraisal of the Bacon Report to determine if there is sufficient or insufficient bond money.These engineers are to submit a report to the Directors for their consideration. 2.If modification of the Bacon Report is then desired by the Directors,a contract is to be negotiated with the consulting engineers for modification. JA-233 234 235 236 237 23 ~ ADMINISTRATIVE OFFICER’S REPORT Amount 90,93 3.00 3.~O 56.70 ~45 .63 504.64 ~4)~99.7O LEGAL PROGRESS Ri~’PORT EXECUTIVE COMMITTEE REPORT —2— Director Warner reported that the fee of Harrison & Woolley and Headman,Ferguson &Carollo is a flat sum of ~l,5OO.OO to appraise the Bacon Reports.That the fee for modification of the report is ~5,OOO.OO,but that this fee would be included in the general engineering fee if they are employed for the whole project. Director Warner stated that the Executive Committee and the engineers unanimously agreed that adequate time should be taken in negotiating a contract for the design and specifi cations.But,to save time,the District Boards could adopt a Resolution authorizing the execution of a contract with Harrison &Woolley and Headman,Ferguson &.Carollo,so that work may be started at once to determinp if there is suffi cient or insufficient bond money. Director Boney reported that the Executive Committee un animously recommends the procedure as outlined by Mr.Warner and that a resolution had been prepared to be presented to the District Boards for their consideration. At the request of Chairman Reed,the Secretary read Resolution No.60 authorizing a contract of employment he executed for the employment of Harrison &Woolley,and Headman,Ferguson &Carollo. After a general discussion,the District Boards adopted the following resolutions: RESOLUTION NO.57 A RESOLUTION OF THE BOARD OF DIRECTORS• OF COUNTY SANITATION DISTRICT NUMBER SIX , AUTHORIZING AND RATIFYING THE EMPLOYMENT OF HARRY A.OVERMYER AS APPRAISER REPRESENTING COUNTY SANITATION DISTRICTS NUMBERS ONE,TWO,THRE~~,FIVE, SIX,SEVEN AND ELEVEN TO APPAAISE TF~ PERSONAL PROPERTY TO BE ACQUIRED FROM THE JOINT OUTF1tLL SEWER SECTION I.The Board of Directors of County Sanitation District Number Six does resolve as follows: WHEREAS,it has become necessary under the Agreement for Purchase and Sale for personal property belonging to the Joint Outfall Sewer Districts to he purchased and acquired by County Sanitation Districts Numbers One,Two,Three,Five,Six,Seven and Eleven to be appraised and to fix the value thereof;and WI~REAS,County Sanitation District Number i~leven has been author— ized to name such appraiser;and WHEREAS,it has selected and named Harry A.Overmyer to perform said services. —3— 0~ His compensation is therefore fixed at ~25.OO per day each day of eight hours or any part thereof when he is engaged in perform ing said duties)from March 2~,1951. SECTION II.The said services of said Harry A.Overmyer shall be paid out of the Joint Administrative Fund of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 and the proper portion thereof charged to each of said County Sanitation Districts as said percent ages have been set out and established heretofore. THE FOREGOING RESOLUTION was introduced by Director Braden_Finch, —, who moved its adoption.Said motion was seconded Ey Director ~Kaiser , and carried by the following vote: AYES:Directors Braden Finch,Heinz Kaiser and C,.M.Nelson NOES:Directors None ABSENT:Directors None STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) ~I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No,Six of Orange County,California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. INWITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. Secretary of t ie Boa’rd of Directors of County Sanitation District No. Six of Orange County,California *** RESOLUTION NO.5~ A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATI(N DISTRICT NUMBER SIX , AMENDING RESOLUTION NO.56. The Board of Directors of County Sanitation District Number six does hereby resolve as follows: SECTION I.Resolution No.56,entit1e~.~tRESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER SIX FIXING,ALLOWING AN•D APPROVING MILEAGE FOR MEMBERS OF I~PQ~~D OF DIRECTORS WHEN TRAVELING ON BUSINESS OF THE DISTRICTTt,is hereby amended by adding thereto Section III,as follows: -4- 235 “SECTION III.The mileage of an authorized member of the Executive Committee comprised of the Chairman of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11,ora duly appointed proxy, shall be paid from the Operating Fund of the District which he repre sents.Said payment ~hall be made from March 2~,1951.?! THE FOREGOING RESOLUTION was introduced by Director Heinz Kaiser ____________ who moved its adoption.This motion was secondedThv I)ir~ctor Braden Finch and was carried by the following vote: AYL~S:Directors Heinz Kaiser,Braden Finch and C.N.~ NOES:Directors None ABSENT:Directors_ ___ STATE OF CALIFORNIA ss. C OUNI’Y OF OR ANGE I,ORA MAE ~RRITT,Secretary of the Board of Directors of County Sanitation District No.6 of Orange County,California,hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. IN WITNESS ~~!HEREOF,I have hereunto set my hand this 11th day of April,1951. ~ Secretary of the Board of Directors of County Sanitation District No.6 of Orange County,California *** RESOLUTION NO.59 A RESOLUTION OF COUNTY SANITATION DISTRICT NO. ~ix FIXING AND DETERMINING CO1~IFENSATION TO BE PAID LEGAL COUNSEL WFU.~REAS,the County Sanitation Districts have heretofore employed legal counsel for both general and special services and the Districts now have e~np1oyed certain legal counsel and may in the future employ additional or other legal counsel;and —5— WHEREAS,it is deemed advisable to set up a certain working day for said attorneys now employed and any other attorneys to be employ ed in the future by said County Sanitation 1)istricts;and WHEREAS,any uncertainties in rates of pay and hours constituting a day for said attorneys’services are intended to be reconciled and iade certain: NOW,THEREFORE,BE IT RESOLVED: 1.That six (6)hours of time actually spent by an attorney in service to the Sanitation District or Districts authorizing said services shall constitute one (1)day’s services. 2.That the maximum compensation to be paid by an attorney for one (1)dayts services shall be Seventy Five ($75.00)Dollars,except~. ing that wherein an attorney is required to appear in any court of law on behalf of a Sanitation District or Districts for a day or any part of a day the compensation for that day shall be One Hundred and Fifty (~l5O.OO)Dollars,irrespective of the number of hours spent, 3.That for any part of a day actually spent by an attorney in service for a Sanitation District or Districts he shall be paid at the rate of Twelve Dollars and Fifty Cents (~l2.5O)per hour by the District or Districts for whom said services are rendered. 4.,That payment for the services of legal counsel shall be made from the operating fund of the Districts authorizing the employment of said attorney or attorneys upon monthly presentation of itemized bills by said legal counsel,and in the case where more than one but not all Sanitation Districts employ the same legal counsel for the same service said Districts shall be jointly charged,and each shall pay an equal part of the total bill out of the operating fund of each District, provided further that where Districts Nos.1,2,3,5,6,7 and 11 jointly employ legal counsel,payment for such services shall be paid for out of the Joint Administrative Fund. 5.That with respect to the employment of C.ARTHUR NISSON, JR.,by County Sanitation Districts I\Ios,1,2,3,5,6,7 and 11 for the purpose of working with Attorneys E.J.Marks and Adrian Marks, in preparation of pleadings and preparation for hearing of that certain litigation concerning the effect of a limited participation agreement on the County Sanitation Districts,his compensation shall be at the rate of Twelve Dollars and Fifty Cents ($12.50)per hour for time actually spent,excepting appearances in court of law,in rendering said services from the date of Narchi,1951. 6.That unless specifically resolved otherwise the employment of other or additional legal counsel shall be at the rates of pay and hours constituting one (1)day established by this Resolution. 7.All Resolutions or parts of Resolutions heretofore adopted which conflict herewith are hereby specifically repealed insofar and to the extent that they conflict herewith. 237 THE FOREGOING RESOLUTION was introduced by Director Heinz Kaiser , who moved its adoption.This n~otion was seconded by Director Braden Finch , and was cdrried by the following vote: AYES:Directors Hei~Ka~er~Braden Einch and C.M.Nel~~~ NOES:Directors — None __________ ABSENT:Directors None STATE OF CALIFORNIA) ss. COUNTY OF ~.4~NGE ) I,ORA MAE ~RRITT,Secretary of the Board of Directors of County Sanitation District No.Six of Orange County,California, hereby certify that the above and foregoing Resolution was duly and reR,ularly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~~~ Secretary of the Bo~ird of Directors of County Sanitation District No, Six of Orange County,California ):C )~ RESOLUTION NO.60 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.SIX , AUTHORIZINr AND REQUESTING COUNTY SANITATION DISTRICT NO.1 TO EXECUTE THE CONTRACT OF EMPLOYMENT BET~JEEN COUNTY SANITATION DISTRICT NO.1 AS CONTRACTING AGENT, AND K.J.H~~RRISON £~ND J.A.WOOLLEY,~CO-PART NERSHIP,OPERATING UNDER THE FIiJ•I Ni~OF HARRISON &WOOLLEY,~ND SAIl HEADMAN,BEN FERGUSON ~ND JOHN A CAROLLO,A CO-PARTNERSHIP OPERATING UNDER THE FIRM NA~U~OF HEi~DM~N,FERGUSON AND CAROLLO. The Board of Directors of County Sanitation District No.Six does resolve as follows: ~ SECTION I.A contract of employment of K.J.HARRISON and J.A.~JOOLLEY,a co-partnerhip operating under the firm name of HARRISON &WOOLLEY,and SAM HEADMAN,BEN FERGUSON and JOHN A.CAROLL~ a co—partnership operating under the firm name of HEADMAN,FERGUSON &Ci~ROLLO,by County Sanitation District No.1 as contracting agent for County Sanitation flistricts Nos.2,3,5,6,7 and 11,has been prepared and is herewith presented to the Board of Directors of County —7— Sanitati~n District No,Six , and is hereby approved,and County Sanitation District No.IisThereby requested and directed to execute the same as contracting agent for itself and County Sanitation Districts Nos.2,3,5,6,7 and 11,said agreement bearing the date of the 11th day of April,1951. THE FOREGOING RESOLUTION was introduced by Director Braden Finch who moved its adoption.Said motion was seconded by Dii~ector Heinz Kaiser and carried by the following vote: AYES:Directors’Braden Finch,Heinz Kaiser and C M.Nelson NOES:Directors — Nr~n~ -____ ABSENT:Directors None__— _____ STATE OF CALIFORNIA ss. COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.S~x of Orange County,California hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting thereof held on the 11th day of April,1951. IN WITNESS WHEFEOF,I have hereunto set my hand this 11th day of April,1951. ~ Secretary of the Board of Directors of County Sanitation District No.6 of Orange County,California *** Director Virgil H.Reed announced that this meeting would be the last joint meeting of the district boards he and Director ~~l1en A. Mandy would officially attend.He expressed his appreciation of the efforts of the Directors in bringing about the progress now being made in the countywide sanitation plan and assured the District Boards of his continued interest in the work. Director Alien A.Mandy expressed his appreciation of the work accomplished by the District Boards;and stated that his work with this group had been the most gratifying of the duties imposed upon him by the public office he held. A motion was made by Director Willis H.Warner,seconded by Director Robert H.Boney and unanimously carried by members of the -E’ 233 Boards of Directors of County Sanitation Districts Nos.1,2,3,5. 6,7,8 and 11 that Directors Virgil H.Reed and Allen A.Mandy be given a vote of thanks fcr their services and work in behalf of ti’ie County Sanitation Districts. Director Virgil H.Reed,Chairmen o:~~ joint meetings of the District Bo&~rds left the meeting at 8:35 p.rn0,at wL~ch time the Secretary announced a mr~tio’d to be in order to appoint a ne~C~iairrnan for the join~meetings,of County Sanitation Districts T~os,1,2, 3,5,6,7,8 and lL Boards of Directors. A motion i~as made by Director Willis H.Warner,seconded by Director Ross Gi’eeley,and unanimously carried by members present of the Boards of Directors of County Sanitation Districts Nose 1,2,3,5,6,7,8 and 11 that Director Braden Finch,Chairm~n of the Board of District No.5,b.e appointed Chairman of t~ie joint meetings of County Sanitation 1)istricts’ Boards. ADJOURNMENT Upon motion made by Director ~~ • duly seconded and carried,the Chainnari declared the meeting of County Sanitation District No.6 Board of Directors adjourned at 8:40 p.m. ~ •County Sanitation District No. 6 Orange County,California ATTEST: •~. Chairman,Board of Dir ctors County Sanitation District No.6 Orange County,California APPOINTING NEW CHAIRMAN FOR THE JOINT I’IE:~TI~GS OF ~‘R~DISTRICT BOARDS —9-