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HomeMy WebLinkAboutDistrict 06 Minutes 1951-11-28335 MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNT?SANITATION DISTRICT NO.6 November 2~,1951 at ~OO pAm~ Board of Supervisor~t 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:C.M.Nelson (Chairman) Willis H.Warner Braden Finch Directors absent:None Oth~rs present:Raymond R.Ribal,Chief Engineer and General Manager E.E.Frisbie K.J.Harrison J.A.Woolley Nat H.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 Engineers most of the problems had been ironed out and that before another week 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- 3414 Report of the Executive Committee Director Robert H.Boney,Chairman of the Executive Committee Reported that the Committee had unanimously recom mended the following to the District Boards: l•r 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 Manager to present the Amendment of the Sale and Purchase Agreement to the various members of the JOS for their signatures. _____________________ After a general discussion,the Board _______________ adopted Resolution No.101,attached hereto at Exhibit A. Directin~g the Chief En~ineer and General Manager to present the Amendment to memb~rs of the JOS ~g~the Chief Engineer and Goneral Manager After a general discussion,a motion was made,duly seconded and carried, directing the Chief Engineer and General Man~iger 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. ATTEST: Secretary,Board of ~irectors County Sanitation District No.6 Orange County,California Upon a motion made,duly seconded and carried,the Chairman declared the meeting adjourned at ~:30 p.m. Authorizing Execution of the ~greement of Amendment to the Salé and Purchase ~greement Ad.j ournment Orange County,California —2— 33S RESOLUTION NO.101 A RESOLUTION OF THE BOi~RD OF DIRECTORS OF COUNTY SANI TitTION DISTRICT NUMBER SIX OF ORANGE COUNTY,APPROV ING THE AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE BETWEEN THE CITIES OF SANTA ANA,ORJkNGE,ANAHEIM AND FULLERTON AND PLACENTIA SANITARY DISTRICT,LA HABRA SANI T:~RY DISTRICT,BUENA PARK SANITARY DISTRICT AN])GARDEN GROVE 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 Six does resolve 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 25,1951,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 datod November 25,1951,marked Exhibit A,attached hereto and made a part hereof, SECTION II.The Chairman of the Board of Directors of County Sanitation District Number six and the Secretary thereof be and they are hereby instructed and authorized to execute said amend ment on behalf of County Sanitation District Number Six of Orange County. The foregoing resolution was introduced by Director Warner who moved its adoption.Said motion was seconded by Director Finch , and was carried by the following v~te: AYES:Directors Willis H.Warner,Braden Finch and C..M.Nelson NOES:Directors None ABSENT:Directors None STATE OF CAI~IF0RNIA) ss COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.6 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 25th day of November,1951. IN liIITNESS whereof,I have hereunto set my hand this 25th day of November,1951. ~ Secretary,Board of Diq’ëctors of County Sanitation District No.6 of Orange County,California EXHIBIT “A” 337 Exhibit A 1 Ai’IENDMENT TO AGREEMENT OF SALE AND PURCHASE 2 DATED FEBRUARY 2~,1951 THISAGREEMENT,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 ~Sei1ersu,and County Sanitation 9 Districts No:~.1,2,3,5,6,7 and 11 of Orange Count are 10 designated as “buyers’t, 11 IHEREAS,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 114.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 arid Safety Code of the State of California; 17 ~‘rHEREFCJ?.E,the parties hereto do hereby covenant, ~promise and agree as follows: l9~I.That there shall he added to Section 17 of the 20~Agreement dated February 2~,1951 the following paragraph: 21 When aiLi additional construction described in 22 Paragraph 17 of the Agreement of Sale an.d Purchase dated 23 February 2~,1951,by the parti~s to this A~reement,and here 2~tofore commenced,has been connieted,that rio additional constr— 25 uction undc~r Paragraph 17 shall be undertaken by the Sellers ~26~during the time they retain possession,excent as set forth in r 27~Paragraph l~,as amended. 2~II.That Paragraph i~of that certain agreement made and entered into by and between the parties hereto on the 2~th 1j~dy of Fehriary,1951,be amended to read as follows: T.~ring the time the Sellers remain in possession 2 of and maint tifl and operate said Section One,all rep1a~ements —-I — 1 ef 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 of 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,tobe 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 l~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 Erxgineerrs Reports 23 of Vjnton ~J,Bacon or substitutes therefor;otherwise said 2L1.adc~itiona1 facilities shall be paid for from the annual tax levies 25 of the serveral districts purchasinr 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 ~9from the date of completion.The Buyers agree to levy suffi 30 ci~nt taxes to pay such amounts within said periods. 31 III.That the second paragraph of Paragraph 23, ~HTerminationu shall be amended to read as follows: —2— 1!This contract shall become null and void at the option of 2 either the Buyers or Sellers: 3~(a)In the event that the several CoLnty Sanitation Distr~ Li)icts herein mentioned fail to sell the bonds authorized by the bond 5 election held in the respective districts on the 2~th day of Febru 6 ary,1949,at the earliest practicable date arid riot later t~hc~r~u1v 7 1,1952;or (b)In the event that the treatment and disposal facili— 9 ties described in the engineering reports of Vinton W.Bacon under 10 date of December 22,l94~,or as said plan may he modified in 11 ac~ordance with the provisions of this Agreement under the provi 12 sions of Section 475~of the Health and Safety Code of the State 13 of California,cannot be constructed or substantially constructed 14 from the proceeds of funds available from said bond issues and other 15 funds now or hereafter made available therefor.If said plan as 16 outlined in the Bacon Reports shall be modified,such modification 17 shall provide for the construction of the best and largest capacity 1~facilities that can be constructed with the available funds and 19 with sufficient capacity to receive,treat and adequa~e1y dispose 20 of all sewage arising within the boundaries of the SeLex~~d Buyers. 21 IV.That the first paragraph of subsection Three (3) 22 of Paragraph 15,~De1ivery of Possesion and.Tit1e~shall be amended 23 to read as follows: 24 Buyers have,within a reasonable time hereafter,con- 25 structed the land and marine sections of the proposed new out- 26 fall sewer,and sufficic~nt portions of the existing~and new 27 disposal plant and other facilities to adequately treat,handle 2~and dispose of,in accordance with the requirements of the ~‘)Department of Health of the State of California,all sewage at :7)lthe time of delivery of possession arising within the boundaries the Sellers and Buyers,and have such facilities in condition I —3— 340 1 :Cor 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 1÷ Sanitation Districts the undivided interest in said Section One 5 for which said County Sanitation District has paid and aimed 6 bonded indebtedness as provided hereinbefore in this agre~rcwnt. 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 he and remain in full force and effect. 11 IN ~fITNESS 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. lL~.CITY OF SANTA ANA 15 ~/Courtney R.Chandler Mayor and President of the City Counci 16 SEAL ATTEST: 17 Js /ErmaKee 1 e r City Clerk 19 CITY CF ANAHEIM 20 SEAL By /Chas.A.Pearson 21 Mayor - 22 ATTEST: 23 Is!Charles E.Griffith City ~I~rk 2L~ 25 CITY OF FULLERTON 26 SEAL By /Thomas J.Eadington 27 Mayor 2~ATTEST: 29 /Carrie D.Adams City Clerk 1~ —4.— 3L~1 CITY OF’ORANGE By Is!Harold R.Post — Mayor SEAL ATTEST: /T~.H.Elijah City Clerk BU~A ~ARK SANITARY DISTRICT By /I.D.Jaynes President of its Board of Directors SEAL And J~J Vera McKnight Secretary GARD~J GROVE SANITARY DiSTRICT By /Charles E.Stevens SEAL President of its Board of Directors And Js/Waiter B.Wentz Secretary LA I-IABRA SANITARY DISTRICT By Is!Nelson N.Launer — President of its Board of Directors Seal And /~L C.Earley Secretary PLACENTIA SANITARY DISTRI~JT By ~W.D.Soi~bee Seal President of its BOard of Directors And /Don 13.Haiber Seetry S ELL ERS -5— 342 S EAL SEAL SEAL SEAL COUNTY SANITATION DISTRICT NOe 1 OF ORANGE COUNTY By /Courtney R.Chandler Chairman of’its Board of Dfrect~rs And Js/Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY By L~/Robert H.I3oney cTiairrnar~of its~Board.of Directors And JsJ Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY By /s/Hugh W.Warden Chairman of its B~ard of Directors And /Ora Mae Merritt Secr~tary COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY By /s/Braden Finch Chairman of its Board of Directors And ~LQ~a Mae Merritt Secretary COUNTY 3ANITATIQN DISTRICT NC.6 S EAL By s/s C.M.Nelson Chairman of i~s Board of Arid Directors Ora Mae Merritt Secretary -6— COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY By Is,!Vincent L.Hurneston Chairman of its Bdard of Director’s SEAL And ~Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO,11 OF ORANGE COUNTY S EAL By LsI Willis H.Warner Chairnan of its Board of Directors And ~/Ora Mae Merrit Secretary BUYERS -7-