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HomeMy WebLinkAboutDistrict 07 Minutes 1951-11-28344 MINUTES OF REGULAR MEETIt~JG BOARD OF DIRECTORS COUNT~f SANITATION DISTRICT NO.7 Novembe±~2~l9~i at ~:OO p.m. Board of Supervisor~’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:Vincent L.Humeston J.L.McBride Willis H.Warner Directors absent:None Others 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 o~’ — A motion was made,duly seconded and November 2l~carried,approving the minutes of the 1951 meeting held on November 21,1951, as medled 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— Report of the Ex~cutive Committee Director Robert H.Boney,Chairman of the Executive Committee Reported that the Committee had unanimously recom mended the following to the District Boards: 1..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. Authorizing Execution of the Agreement of Amendment to the Sale and Purchase Agreement After a general discussion,the Board adopted Resolution No.101,attached hereto at Exhibit A. Directing the Chief Engineer and General Manager to present the Amendment to members of theJOS Repor.~of the Chief Engineer and General Manager After a general discussion,a motion was made,duly seconded and carried, directing the Chief Engineer and Genera~ Manager 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. Ad~1 ournment Upon a motion made,duly seconded and carried,the Chairman declared the meeting adjourned at ~:30 p.m. ATTEST: (~ Secretary,Board of(Directors County Sanitation District No.7 Orange County,California a rman,Board of Directors County Sanitation District No.7 Orange County,California —2— 3!4 RESOLUTION NO.101 A RESOLUTION OF THE BOAIW OF DIRECTORS OF COUNTY SANI Ti~TION DISTRICT NUMBER SEVEN OF ORANGE COUNTY,APPROV ING THE AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE BErflIIEEN THE CITIES OF SANTA ANA,ORANGE,ANAHEIM AND FULLERTON AND PLACENTIA SANITARY DISTRICT,LA HABRA SANI T~RY DISTRICT,BUENA PARK SANITARY DISTRICT AND GARDEN GROVE SANITARY DISTRICT,AS SELLJ~RS,AND COUNTY SANITATION DISTRICTS NUMBERS ONE,T~’TO,THREE,FIVE,SIX,SEVEN AND ELEVEN OF ORANGE COUNTY,AS BUYERS. The Board of Directors of County Sanitation District Number Seven does resolve as follows: SECTION I.That the certain con~r~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 2~,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 dated November 2~,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 Seven and the Secretary thereof be and they are hereby instructed and authorized to execute said amend ment on behalf of County Sanitation District Number Seven of Orange County. The foregoing resolution was introduced by Director Warner who moved its adoption.Said motion was seconded by Director McBride , and was carried by the following vote: AYES:Directors Willis H.Warner,J.L.McBride and Vincent L.Huineston 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.7 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 2~th day of November,1951. IN 1~JITNESS whereof,I have hereunto set my hand this 2~th day of November,1951. I 7 Secrétar~,Board of Dir ctôrs of County Sanitation District No.7 of Orange County,California EXHIBIT “A” 346 Exhibit A 1 AZ4ENLKENT TO AGREEMENT OF SALE AND PURCHASE 2 DATED FEBRUARY 28,1951 3 THIS AGREEMENT,entered into this 28th 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 28,1951,wherein said Cities and Sanitary 8 Districts are designated as “Sellers”,and County Sanitation 9 Districts Nos.1,2,3,5,6,7 and 11 of Orange County are 10 designated as “buyers”, 11 WHEREAS,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 14 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 and Safety Code of the State of California; 17 NOW,THERiFORE,the parties hereto do hereby covenant, 18 promise and agree as follows: 19 I.That there shall be added to Section 17 of the 20 Agreeraent dated February 28,1951 the following paragraph: 21 When all additional construction described in 22 Paragraph 17 of the Agreement of Sale and Purchase dated 23 February 28,1951,by the parti°5 to this Agreement,and here- 24 tofore commenced,has been convieted,that no additional constr— 25 uction und°r Paragraph 17 shall be undertaken by the Sellers 261 during the time they retain possession,except as set forth in 27 Paragraph 18,as amended. 28 II.That Paragraph 18 of that certain agreement made ~arid entered into by and between the parties hereto on the 28th 0;d.~y of Febriary,1951,be amended to read as follows: •1.I tring the time the Sellers remain in possession 2,1 of and mairit tin and operate said Sectinn One,all repla’enents II “is 347 I 1 .f 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 Healthof the State of California,or the County Health Depart ~ment,to be 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 14-to make such replacements and/or additions when found and 15 determined to be necessary by the Department of Health of the i6 State of California or County Health Department or when ordered 17 by either of said Departments and,to complete the same within 1~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 Engineer’s Reports 23 of Vjnton ~.Bacon or substitutes therefor;otherwise said 24.adc~i~ional facilities shall be paid for from the annual tax levies 25 of the serveral districts purchasing 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 yesrs in the case of District No.7 from the date of completion.The Buyers agree to levy suffi ci~rit taxes to pay such amounts within said periods. 3i~III.That the second paragraph of Paragraph 23, V,~I?Terr.~jnat~op??shall be amended to read as follows: —2— p., 1 This contract shall become null and void at the option of 2 either the Buyers or Sellers: (a)In the event that the several County Sanitation Distr~ ‘+~icts herein mentioned fail to sell the bonds authorized by the bond election held in the respective districts on the 2gth day of Febru 6 ary,1949,at the earliest practicable date and r~ot latci bh~r~~u1_v 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 l~facilities that can be constructed with the available funds and 19 with sufficient capacity to receive,treat and adequately dispose 2 of all sewage arlsing within the boundaries of the Seflers~d Buyers, 21 IV.That the first paragraph of subsection Three (3) 22 of Paragraph 15,Welivery of Possesion and TitleI?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 suf’fici~nt portions of the existing and new 2?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 time of delivery of possession arising within the boundaries the Sellers and Buyers,and.have such facilities in condition —3— 1 for 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 1.4.Sanitation Districts the undivided interest in said Section One 5 for which said County Sanitation District has paid and a~si~med 6 bonded indebtedness as provided hereinbefore in this agre~rn~nt. 7 V.It is further understood and agreed that all of ~the terms and conditions of said Agreement of Sal.e and Purchase 9 dated February 2~,1951 as herein modified or amended,shall 10 he and remain in full force and effect. 11 IN LnITNESS WHERECF,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. 14 CITY CF SA~1TA ANA 15 B Is!Courtney IL Chandler — Mayor and President of the City Counci 16 SEAL ATTEST: 17 /Erma Keeler ______l~City Clerk 19 CITY CF ANAHEIM 20 SEAL ~/Chas.A,Pearson 21 Mayor -_____ 22 ATTEST: 23 Ls/Charles E.Griffith City Clerk 24 25 CITY OF FULLEP~T0N 26 SEAL By /Thomas J.Eadingto~i 27 Mayor 2~krfT~T. LsI Carrie U.Adams City Clerk IL —4—. 350 CITY OF ORANGE By Js/Harold R.Post Mayor SEAL ATTEST: /T~I-i.Elijah City Clerk BU~A T’ARK SANITARY DISTRICT By Is!I.D.Jaynes President of its Board of Di~e~ors S EAL And /Vera McKnight Secretary GARDEN GROVE SANITARY DISTRICT By /Charles E.Stevens SEAL Presjdei~t ol’its Board of Directors And /Waiter B.Wentz Secretary LA HABRA SANITARY DISTRICT By /Nelson N.Launer Pré~sident of its Board of Directors S eal And Js/A,C.Earley Secretary PLACENTIA SANITARY DISTRICT By /;J.D.Sol~bee Seal Presideñ~of its Board oT Directors And /Don B.Haiber Secretary S ELLERS —5— COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY By,Is!Courtney R.Chandler Chairman of its Board of Directors SEAL And /Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO0 2 OF ORANGE COUNTY By /Robert H.Boney Chainrian of its 1~oard of Dü’ectors SEAL And /Ora Mae Merritt Secretary COUNTY SANITITION DISTRICT NO.3 OF ORANGE COUNTY By /Hugh W.Warden Chairman of its Board of Directors SEAL And /~/Ora Mae Merritt - Si~retary COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY By /Braden Finch Chairiiian of its Board of Directors S f~AL And /Ora Mae Merritt - Secretary COUNTY SANITATWN DISTRICT NO •6 By s/s C.M.Nelson Chairman of Its Board of Dir ecto~ S EAL And ~/Ora I~~iae Merritt Secret ary -6— 4 COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY By Is!Vincent L.Humeston Chairman of its Board of Directors S EAL And J~Ora Mae lVterrjtt Secretary COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY S EAL By L~J Willis H.Warner Chairman of its Board of And L~/Ora Mae Merrit Secretary BUYERS Directors -7-