HomeMy WebLinkAboutDistrict 11 Minutes 1951-11-28 i
Exhibit A
1 AMEN DIVIHVT TO AGREEMENT OF SALE AND PURCHASE
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2 ' DATED F EBRUARY 28, 1951
i THIS AGREEMENT, entered into this 28th day of
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5 Ioveraber , 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. "anitary
Districts are designated as "Sellers" , and County Sanitation
9 Districts % o;: . 1, 2, 3 , 5 , 6, 7 and 11 of Orange Counter are
10
des lgT7c.t ed as "buyers" ,
11 '.dHER AS , it is necessary and desirable to amend certain
1.2 provisions of the Agreement of Sale and Purchase hereinabove
13 referred to for the purpose of -�nabl:ing the parties hereto to be
14 in accord with. respect to the acts and proceedings specified in
15 said Agreement of Sale; and Purchase ;:ind required under the pro-
16 visions of the Health and Safety Code of the State of California;
1.7 ;'t)`�J, P't�E;tEiiGI'E, the parties hereto do hereby covenant ,
1�> pro:-aise and agree as -i'ollows:
19 I. That; there shall be added to Section 17 of the
20 Agreement dated February 12`8, 1 51 the folloti,ring paragraph:
21 When all additional cons t-ructic>n described in
22 Paragraph 17 of tNe Agr. eeiient of Sale and Purchase dated
23 February 28 1.951., by the parties to this Agreement, and here-
24 tofore comrir-nced, has been cornleted., that no 'additional constr-
25 luction and-r Paragraph 17 shall be undertaken by the Sellers
2611 during the time they retai.^ possession , except as set forth in
271 ! Paragraph 18, as amended.
28 j Il. That Paragraph 18 of that certain agreement made
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entered into by and between the parties hereto on the 28th
d..y of February, 1951, be amended to read as folloT,,rs:
T �.rin� the ti.rie the Sellers remain in possession
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;! of and mai_nt .in and operate said Section One, all repla_r:e._ments
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n
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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 rray 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-
8 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
16 State of California or County Health Department or when ordered
17 by either of said Departments and, to complete the same ?-,ri.thin
18 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 Vinton W. Bacon or substitutes therefor; otherwise said
24 adc',it:ion.al facilities shall be paid :;for .from the annual tax levies
25 of the serveral districts purchasing the same and roust be paid
26 for in not less than five Tears in the case of Districts Nos.
27 12 5, 6 and 11; fifteen years in the case of Districts Nos.
28 2 and 3 and thirty-seven years in the case of District No. 7
?9 ,.rom the date of completion. The Buyers agree to levy suffi-
301ci-nt taxes to pay such amounts i•rithin said periods.
31 III. That -the second paragraph of Paragraph 23 ,
2 W 'Termin.at:ion" shall be amended to read as follows:
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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 County Sanitation Distr-
+ icts herein mentioned fail to sell the bonds authorized by the bond
5 . election held in the respective districts on the 28th day of Febru-
6 ary, 1949, at the earliest practicable date and not lat -or ,,han. .;uly
7 1, 1952 ; or
8 (b) In the evert that the treatment and disposal facili-
9 ties described in the en. ine erin�; reports of Vinton. ?,;. Bacon under
10 date of Deceiilber 22 , 1948, or as said plan may be modified in
11 ac-ordance with the provisions of this AgreAment under the provi-
12 sions of Section IP758 of the Health and Sa_`'ety 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
18 facilities that can be constructed with the available funds and
19 with sufficient capacity to receive, treat and adequately dispose
20 of all sewage arising with-in the boundaries of the Sellers aid Buyers.
21 IV. That the first pai�ag-raph of subsection Three (3 )
22 of Paragraph 15 , ,Delivery of Possesion and Title" 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 sufficient portions of the existin,; and new
27 disposal plant and other faciliti ps. to adequately treat, handle
28 and disjoo se of, in accordance with the requirements of the
Department of Health of the State of California, all sewage at
� jthe time of delivery of possession arising within the boundaries
Iof the Sellers and Buyers, and have such facilities in condition
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it
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1 for operation; and which time said Sellers will execute and
2 deliver to County Sanitation Districts Nos. 1, 51 6 and 11 good
3 and sufficient instruments conveying to each of said County
4 Sanitation Districts the undivided interest in said •3ection One
5 for which said County Sanitation District has paid and asslamed
6 bonded indebtedness as provided hereinbefore in this agrer,m-nt.
7 V. It is further understood and agreed that all of
8 the termis and conditions of said Agreement of Sale and Purchase
9 dated February 28, 1951 as herein modified or amended, shall
10 be and remain in full force and effect .
11 Ii '::'ITP ESS ,'flIE ,EO , each of the parties hereto has
12 caused this contract to be executes: by its duly authorized
13 officers the day and year first above written.
14 CITY OF SANTA ANA
15 By s Courtney R. Chandler
16 Mayor and President of the City Counci.
SEAL ATTEST:
17
Zsl Erma Keeler
18 City C_erk
19 CITY OF ANAII sIlVi
20 SEAL
By /s/ Chas. A. Pearson
21 Mayor
22 ATTEST:
23 Isl Charles E. Griffith
City Clerk
24
25 CITY OF FULLS RTOP
26
SEAL B /s/ Thomas J. Eadingt on
27 y Mayor
28 ATTEST:
Zs/ Carrie D. Adams_ _
%0 City Clerk
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CITY OF ORANGE
By /s/ Harold R. Post
Mayor
SEAL ATT Z T:
/,g/ T. H. Elijah
City Clerk
SUENA 7ARK SAINITA Y DISTRICT
By Isl I. D. Jaynes _
President of its Board of Directors
SEAL
And /s/ Vera McKnight
Secretary
GARDam, GR`%V.E SANTITARY DISTRICT
By /s/ Charles E. Stevens
SEAL President of its Board of Directors
And /s/ Walter B. Wentz
Secretary
LA HABRA.SAPIITARY DISTRICT
By s Nelson 1 . Launer _
:'resident of its Board of Director
Seal
And 1s !A.. C. 'Earley
Secretary
PLACEFTIA SAP'ITARY DISTRICT
By s 1:t. D. Solsbee
Seal Fresident of its Board oi irectors
And /s/ Don B. Haiber
Secretary
S ELL EPOS
COUNTY SANITATION DISTRICT N0. 1
OF ORANGE COUNTY
By /s/ Courtney R. Chandler
Chairman of its Board of Directors
SEAL
And /s/ Ora Mae Merritt
Secretary
COUII:TY SANITATICY, DISTRICT NO, 2
OF ORANGE COUNTY
By /s/ Robert H. Boney
Uhairman of its— oat3! rc of Directors
S EAL
And /s/ Ora Mae Merritt
Secretary
COUNTY SANTITATIOF DISTRICT P,;O, 3
OF URtudGE COUNTY
By /s/ Hugh W. Warden
airman of its Board of Directors
SEAL
And s Ora I'�lae Merritt
ecretary
COUNTY SANITATION DISTRICT N0. 5
OF ORANGE COUNTY
By Braden Finch
Chairria of its Board of Directors
S T?AL
And s Ora Mae Merritt
Secretary
COUNTY SANITATION DISTRICT No. 6
By s s C. I'•i. Tlelson
chairman of its Board of Directors
SEAL
And s/ Ora Mae Merritt
ecretary '
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COUNTY SANITATION DISTRICT 110. 7
OF ORANGE COUNTY
By /s/ Vincent L. Humeston
Chairman of its Board of i�rect.ors
SEAL
And Js1 Ora Mae Merritt
ecretary
COUNTY SANITATION DISTRICT NO. 11
OF ORANIGE COUNTY
SEAL
By Zs/ Willis H. Warner
Chairman of its Board of Directors
And s Ora Mae Merrit
Secretary
BUYERS
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!�rs
MINUTES OF REGULAR MEETING
BOARD OF ' DIRECTORS
COUNTY SANITATIdN DISTRICT NO. 11
Nov6itber 28,3 1951 at 8:00 p i m a
Board of Supervisors + Room'
Court Horse
Santa Ana , California
Chairman Finch called the joint meeting of the District
Boards to order at 8:00 p.m.
The roll was called and the Secretary reported a quorum
present .
Directors present : Willis H. Warner (Chairman)
Vernon E. Langenbeck
Willis H. Warner
Directors absent : None
Othors 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.
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RESOLUTION NO. 101
A RESOLUTION OF THE BOii'RD OF DIRECTORS OF COUNTY SANI-
TIiTION DISTRICT NUMBER ELEVEN OF ORANGE COUNTY, APPROV-
ING THE AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE
BErP1EEN THE CITIES OF SANTA ANA , ORANGE , ANAHEIM AND
FULLERTON AND PLACENTIA SANITnRY DISTRICT, LA HABRA SANI-
T:IRY DISTRICT, BUENA PARK SANITARY DISTRICT AND GARDEN
GROVE, SANITARY DISTRICT, AS SELLERS, AND COUNTY SANITATION
DISTRICTS NUMBERS ONE , 7i"Ol THREE, FIVE , SIX, SEVEN AND
ELEVEN OF ORANGE COUNTY, AS BUYERS.
The Board of Directors of County Sanitation District Number
Eleven does resolve as follows:
SECTION I. That the certain contract 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 , wherein the
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 28, 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 Eleven and .the Secretary thereof be and
they are hereby instructed and authorized to execute said amend-
ment on behalf of County Sanitation District Number 11 of Orange
County.
The foregoing resolution was introduced by Director
who moved its adoption. Said motion was seconded by Director
and was carried by the following vote :
AYES: Directors Jack Greer, Vernon. E. Langenbeck
and Willis H. Warner
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. 11 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 28th
day of November, 1951.
IN WITNESS whereof, I have hereunto set my hand this 28th day
of November, 1951.
eecreetary, Board of Dii�eetors of
County Sanitation District No. 11
of Orange County, California
EXHIBIT "At' __
Report of the Director Robert H. Boney, Chairman of
Executive Committee 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 After a general discussion, the Board
o t�he Agreement of adopted Resolution No. 101 , attached
Amendment to the Sale hereto at Exhibit A.
and Purchase Agreement
Directing the Chief After a general discussion, a motion
Engineer and General was made , duly seconded and carried,
Manager to present , directing the Chief Engineer and General
the Amendment to Manager to present the Agreement to
members of the JOS— Amendment of the Agreement of Sale and
Purchase to various members of the JOS
for approval and signature.
Report of. the Chief Mr. Raymond R. Ribal , Chief Engineer
Engineer and General and General Manager reported upon the
Manager 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.
Adjournment Upon a motion made, duly seconded and
carried, the Chairman declared the
meeting adjourned at 8:30 p.m.
gov,
Chairman , Board of Directors
ATTEST: County Sanitation District No. 11
Orange County, California
'ecretary , Board of Directors
County Sanitation District No. 11
Orange County, California
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Exhibit A
1 XJE D�I21T TO AGREa, 1:HNT OF SALE AND PURCHASE
i
2 U:1TED FEBRUARY 28, 1951
3 f'
� i THIS AGREEMENT, entered into this 28th day of
5 i;ovember, 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
Districts are designated as "Sellers" , and County Sanitation
9 Districts i o;.,,. 1_, 2, 3 , 5 , 6 , 7 and 11 of Orange County are
10
&_-si,mnat ed as "buyers" ,
11 ',1HERAS , it is necessary and desirable -to amend certain
1.2 provisions of the Agreei;ient of Sale and Purchase hereirabove
CD
13 I referred to for the purpose of -nabling the parties hereto to be
14 in accord with respect to the acts and proceedin s specified in
1.5 said A-reement of Sale and Purchase and required under the pro-
16 visions of the Health and Safety Code of the State of California;
1.7 T:(;'��, THER 2 (:,RE, the parties hereto do hereby covenant ,
18 promise and agree as follows :
191 I. That there shall be added to Section 17 of the
20 Ar;ree:.ient dated February 28, 1 51 the follorrin paragraph:
21 When all additional construction described in
22 Paragraph 17 of tie Agreement of Sale and Purchase dated
23 February 23, 1.951., by the parties to this Agreement , and here-
24 tofore cormlrnenced, has been comnlete6., that no 'additional constr-
25 ! uction under Paragraph 17 shall be undertaken by the Sellers
261 � during the time they r. etair.. possession , except as set forth in
2711Paragraph 18', as amended.
28 i Il . That Paragraph 18 of that certain agreerrent made
i
and entered into by and between the parties hereto on the 28th
a ..y of Febr-iar.y, 1951, be amended to read as folloTrrs:
? irin� iro the t, e the Sellers remain in possession
I
2 ,! of and mairit tin and operate said Section One, all replacements
I
1 of any portion of the existing facilities and the construction o.f
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-
8 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
16 State of California or County Health Department or when ordered
17 by either of said Departments and, to complete the same i„ri.thi.n
18 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 Vinton W. Bacon or substitutes therefor; otherwise said
24 adc:;.ition.al facilities shall be paid for from the annual tax levies
25 of the serveral districts purchasing; the sane and must be paid
26 for in not less than five Nears in the case of Districts Nos.
27 1, 5, 6 and 11 ; fifteen years in the case of Districts Nos.
28 2 and 3 and thirty-seven years in the case of District No. 7
?9 !rom the date of completion. The Buyers agree to levy suffi-
30 ci,nt taxes to pay such amounts !,rithin said periods.
31 111. That the second paragraph of Paragraph 23 ,
a21 "Terminat:ion" shall be amended to read as _follows:
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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 Cotnty Sanitation Distr-
icts herein mentioned fail to sell the bonds authorized by the bond
5 . election held in the respective districts on the 28th day of Febru-
6 ary, 1949, at the earliest practicable date and not later �Alar. Za—Ly
7 1, 1952 ; or
8 (b) In the event that the treatment and disposal facili-
9 ties described in the encrineering reports of Vinton. W. Bacon under
10 date of December 22, 1948, or as said plan may be modified in
11 ac-ordance with the provisions of this Agreement under the provi-
12 sions of Section L758 of the Health and Sa_i"ety 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
18 facilities that can be constructed with the available funds and
1.9 with sufficient capacity to receive, treat and adequately dispose
20 of all sewage arising within the bounda.ri.es of the Sellers and Buyers.
21 IV. That the first par-agraph of subsection Three ( 3 )
22 of Paragral_)h 15, i'Delivery of Possesi on and Title" 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 suffi.cir-nt portions of the existin!� and new
27 disposal plant and other facilitiAs, to adequately treat , handle
28 and dispose of, in accordance with the requirements of the
Department of Health of the State of California, all_ sewage at
- j the time of delivery of possession arising within the boundaries
�_i! of the Sellers and Buyers, and have such facilities in condition
28
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
4 agitation Districts the undivided interest in said Section One
5 for which said County Sanitation -District has -Paid and asslamed
6 bonded indebtedness as provided hereinbefore in this agrep'mpnt.
7 V. It is further understood and agreed that all of
8 the terms and conditions of said Agreement of Sale and Purchase
9 dated February 28, 1951 as herein modified or n.,nended, shall
10 be and remain in full force and effect .
11 IPA T:ITP,, ESS flIEREOF , 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 OF SANTA ANA
15 By s Courtney R. Chandler
16
Mayor and President of the City Counci.
SEAL ATTEST:
17
Erma Keeler
18 City Clerk -
19 CITY OF ANAL-I"I
20 SEAL
/s�� Chas. A. Pearson _
21 By Mayor
22 ATTEST:
23 s Charles E. Griffith
City Clerk
24
25 CITY OF FliLLERTOI
26
SEAL B /s/ Thorias J. Eadington
27 y Mayor
28 ATTEST:
:9
Ls/ Carrie D. Adams
%O City Clerk
L
_1r
ry
CITY OF ORANGE
By /s/ Harold R. Post
Mayor
SEAL ATT Z T:
,L/ T. H. Elijah
City Clerk
BUENA ?ARK SANITARY DISTRICT
By s I. D. Jaynes
President of its Board of Directors
SEAL
And /s/ Vera McKnight
Secretary
GARDUI 13RUVL SANTITAHY DISTRICT
By /s/ -Charles E. Stevens
SEAL President of its Board of Directors
And /s/ Walter B. Wentz
Secretary
LA HABRA SAP ITARY DISTRICT
By s Nel son Tj'°:. Launer
President of its Board of Directors
Seal
And /s/ A.. C. Earley
Secretary
PLAC:117TIA SANTITAR.Y DISTRICT
By Zsl 1,.,. D. Solabee
Seal Fresident of its oar o_L Directors
And /s/ Don B. Haiber
Secretary
S ELL ERS
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COUNTY SANITATION DISTRICT NO. 1
OF ORANGE COUNTY
By. /s/ Courtney R. Chandler
Chairman of its Board of Directors
SEAL
And /s/ Ora Mae Nierritt
Secretary
COUNTY SANITATICK DISTRICT P O, 2
OF ORANGE COUNTY
By /s/ Robert H. Boney
Z'�iairman of its doard of Directors
S EAL
And Isl Ora Mae Merritt
Secretary
COUNTY SANITATI-317 DISTRICT NiO. 3
OF ORMIGE COUNTY
By /s/ Hugh W. Warden
Chairman of its Board of Directors
SEAL
And Zs/ _Ora Mae Merritt
Secretary
COUNTY SANITATION, DISTRICT NO. 5
OF ORANGE COUNTY
By /s/ Braden Finch
Chairman ofof its Board of Directors
S T�,AL
And s Ora Mae Merritt
ecretary
COUNTY SANITATION DISTRICT i,,,0. 6
By s s C. N=i. Nelson
hairman of its Board of Dir ecto.rs
SEAL
And ksl Ora Mae Merritt
ecretary
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COUNTY SANITATION DISTRICT 110. 7
OF ORANGE COUNTY
By /s/ Vincent L. Humeston
Chairman of its Board of irect.ors
SEAL
And Ora Mae Merritt
ecretary
COUNTY SANIT ATIO ' DISTRICT NO. 11
OF OR.W1GE COUNTY
SEAL
By Ls1 Willis H. Warner
Chail nan of its Board of Directors
And Zsl Ora Mae Merrit
Secretary
BUYERS
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