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.
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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
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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:
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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
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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
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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
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