Loading...
HomeMy WebLinkAboutDistrict 07 Minutes 1951-04-1123~1 MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA April 11,1951 at ~:OO p.m. Board of Supervisors’Room Court House Santa Ana,California The Board of Directors of County Sanitation District No.7 met in regular session. The joint meeting of the district boards was called to order by Chairman Virp:il H.Reed at ~:1O p.m. Directors present:Vincent L.Humeston (Chairman) Heinz Kaiser Willard Smith Virgil H.Reed Directors absent:None Others present:Nelson M.Launer,Administrative Officer Nat H.Neff,~ngiheer E.J.Marks,Attorney Harry Ashton,Attorney Walter Chaffee,Attorney C.Arthur Nissan,jc.,Attorney Hugh Neighbour,City Engineer,Santa Ana Ora Mae Merritt,Secretary MINUTES OF MEETING HELD A motion was made,duly seconded and ON MARCH 2~,1951 carried that the minutes of the meeting held on March 2~,1951 be approved. —1— 2~O JOINT ADMINISTRATIVE A motion was made,duly seconded and WARRANT REGISTER carried that the Joint Administrative Warrant Register be approved for,signa ture and payment of: Warrant Demand _jjo.In Favor Of ______ JA-.233 City of Santa Ana 90.93 234 Bales Office Equipment Co.3.00 235 Toastmasters International 236 The Pacific Telephone &Telegraph Co.56.70 237 E.J.Marks and Adrian Marks ~45.63 23~C.Arthur Nisson,Jr.504.64 ~r509.7o Mr.Nelson M.Launer,Administrative Officer,reviewed Resolutions Nos. 57,5~and 59 which were mailed to the Directorsin 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 participaeion districts. EXECUTIVE COMMITTEE Director Robert H.Boney,Chairman of REPORT 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 and 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 Director-s 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. Amount ADMINISTRATIVE OFFICER’S REPORT LEGAL PROGRESS H ~P ORT —2-. Director Warner reported that the fee of Harrison &. Woolley and Headman,Ferguson &Carollo is a flat sum of $1,500.00 to appraise theBacon Reports.‘That the fee for modification of the report is ~5,000.00,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 adopl~ a Resolution authorizing the execution of a contract with Harrison &Woolley and Headman,Ferguson &Carollo,so that work iiiay be started at once to determine 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 considerdtion. At the request of Chairman Reed,the Secretary read Resolution No.60 authorizing a contract of employmen.t 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 SEVEN , AUTHORIZING AND RATIFYING THE EMPLOYMENT OF HARRY A.OVEPLMYER AS APPRAISER REPRESENTING COUNTY SANITATION DISTRICTS NUMBERS ONE,TWO,THREI~,FIVE, SIX,SEVEN AND ELEVEN TO APPRAISE TF~ PERSONAL PROPERTY TO BE ACQUIRED FROM THE JOINT OUTFALL SEWER SECTION I.The Board of Directors of County Sanitation District Number seven 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 be purchased and acquired by County Sanitation Districts Numbers One,Two,Three,Five,Six,Seven and Eleven to be appraièed and to fix the value thereof;and W!~REAS,County Sanitation District Number ~leven has been author ized to name such appraiser;and WHEREAS,it has selected and named Harry A.Overmyer to perform said services. —3.- ~‘U 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 char~d 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 Virgil H Reed, — , who moved its adoption.Said motion was seconded by Director illard Smith , and carried by the following vote: AYES:Directors Virgil H.Reed1 Willard Smith,Heinz Kaiser and Vincent L.~H~ston 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.Seven of Orange County,California, hereby certify that the above and forepoing 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 the 3~rd of Directors of County Sanitation District No. Seven of Orange County,California RESOLUTION NO.5~ A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATI~N DISTRICT NUMBER SEVEN , AMENDING RESOLUTION NO.56. The Board of Directors of County Sa~jtation District Number ~does hereby resolve as follows: SECTION I.Resolution No.56,entitled “RESOLUTION OF THE BOi•~RD OF DIRECTORS OF COUNTY SANITATION DISTRICT NUMBER SEVEN FIXIP~G,ALLOWING AND APPROVING MILEAGE FOR MEMBERS OF ITS BOi~FLD~ OF DIRECTORS 1:THEN TRAVELING ON BUSINESS OF THE DISTRICTT1,is hereby amended by adding thereto Section III,as follows: -4.- ~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,or a duly appointed proxy, shall be paid from the Operating Fund of the District which he repre sents.Said payment shall be made from March 2~,1951.” THE FOREGOING RESOLUTION was introduced by DirectorWjllard Smith ____________ who moved its adoption.This motion was seconded by~ Director_I.Virgil ~and w~s carried by the following vote: AY~S:Directors wfl lard Smith,Virg~1 H.Reed,Heinz ~r and Vin~nt.L~.1jum~ton ____ NOi~S:Directors — 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._~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,l9~l. IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~ Secretary ‘of.the ~ard of Directors of County Sanitation District No.7 of Orange County,California RESOLUTION NO.59 A RESOLUTION OF COUNTY SANITATION DISTRICT NO. SEVEN FIXING AND DETERMINING COMPENSATION TO BE PAID LEGAL COUNSEL WH1~REAS,the County Sanitation Districts have heretofore employed legal counsel for both general and special services and the Districts now have employed certain legal counsel and may in the future employ additional or other legal counsel;and 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 made 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)day’s 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 Sanitacion District or Districts for a day or any part of a day the compensation for that day shall be One Hundred and Fifty ($150.00)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 ~elve Dollars and Fifty Cents ($12.50)per hour by the District or Districts for whom said services are rendered, ~That payment ~‘or 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 Distri~cts 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 lbs.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 March 1,1951. 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. THE FOREGOING RESOLUTION was introduced by Director Willard_Smith _________________ who moved its adoption.This motion was seconded by Director ~j~z , and was carried by the following vote: AYES:Directors Willard Smith,Heinz Kaiser,Virgil H.Reed and Vincent L~Humeston ____________________ NOES:Directors N~nA __________ ABSENT:Directors________None _______________________ STATE OF CALIFORNIA) )ss. C OU NTY OF OR ~N GE I,ORA MAE ?~RRITT,Secretary of the Board of Directorsof County Sanitation District No.7 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. ~N WITNESS WHEREOF,I have hereunto set my hand this 11th day of April,1951. ______ J~4 Secretary of the Board ~f Directors of County Sanitation District No. Seven of Orange County,California RESOLUTION NO.60 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY Si~NITATION DISTRICT NO.7 , AUTHORIZIN1~AND REQUESTING COUNTY SANITATION DISTRICT NO.1 TO EXECUTE THE CONTRACT OF EMPLOYMENT BErJIEEN COUNTY SANITATION DISTRICT NO.1 AS CONTRACTING AGENT, AND K.J.HARRISON AND J.A.WOOLLEY,A CO-FART NERSI-IIP,OP~RATING UNDER THE FIRIl R~-~OF HARRISON &~OOLLEY,~ND SAM HEADMAN,BEN FERGUSON AND JOHN A CAROLLO,A CO-PARTNERSHIP OPERATING UNDER THE FIRM ~OF HEADMAN,FERGUSON AND CAROLLO. The Board of Directors of County Sanitation District No.Seven 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 &TJOOLLEY,and SAM HEADMAN,BEN FERGUSON and JOHN A.CAROLLO a co—partnership operating under the firm name of HEADMAN,FERGUSON &CAROLLO,by County Sanitation District No.1 as contracting agent for County Sanitation Districts Nos.2,3,5,6,7 and 11,has been prepared and is herewith presented to the Board of Directors of County -7-. 2~5 Sanitati~n District No.L_~and is hereby approved,and County Sanitation District No.1 is hereby 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 Willard Smith i.~jh~moved its adoption.Said motion was seconded by Director ~H.Reed and carried by the following vote: AYES:Directors Willard Smith,Virgil H.Reed,Heinz Kaiser and Vin~nt.T Humeston _____ NOES:Directors __________________________________________ ABSENT:Directors_____________________________________ _____ STATE OF CALIFORNIA Cs. COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.7 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 WHEREOF,I have hereunto set my hand this 11th day of April,1951. ~ Secretary of the Bo~.rd of Directors of County Sanitation District No.~ 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 i~llen 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 ~1 Boards of Directors of County Sanitation Districts Nos.1,2,3,5, 6,7,~and 11 that Directors Virgil H.Reed and Allen A.Mandy be given a vote of thanks for their services and ~zork in behalf of the County Sanitation Districts. Director Virgil H.Reed,Chairman of the joint meetings of the District Boards left the meeting at ~:35 p.m., at which time the Secretary announced a motion to be .in order to appoint a new Chairman for the joint meetings of County Sanitaticn Listric4~ Boards. A motion was made by Director Willis H.Warner,seconded by Director Ross Greeley,and unanimously carried by members present of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 that~Director Braden Finch,Chairman of the Board of District No.5,be appointed Chairmen of’the joint meetings of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 Boards of Directors. A motion was made by Director Willard Smith,seconded by Director Heinz Kaiser and urianimouslycarried by members of the Board of Directors of County Sanitation District No.7 that District No.7 Operating Fund Warrant Register be approved for signature and payment of: ~156.25 Upon a motion made by Director Willard Smith,.duly seconded by Director Heinz the Chairman de~.1ared the meeting adjourned at ~:4O p.m0 • ~ County Sanitation District No.7 Orange County,California ~*/~~Jj~ Secretary,Board of4Jirectors County Sanitation District No.7 Orange County,California APPOINTING NEW CHAI~tMAN FOR THE JOINT ~ETINGS OF ~ri~IST~ICT BOARDS OPERATING FUND WARRANT Rf~GISTER Warrant Demand No •In Favor . Of Amount 7-36 ADJ OURNMENT Kaiser, C.Arthur Nisson,Jr. ATTEST: -9-.