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HomeMy WebLinkAboutDistrict 11 Minutes 1951-11-28 i Exhibit A 1 AMEN DIVIHVT TO AGREEMENT OF SALE AND PURCHASE i 2 ' DATED F EBRUARY 28, 1951 i THIS AGREEMENT, entered into this 28th day of i 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 i 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 I ' ;! of and mai_nt .in and operate said Section One, all repla_r:e._ments i ' _1 n 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 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: 1 I -2- , �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 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 1 it 11 28 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 1 _Ir_ ?" 9 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 ' -6- 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 -7- !�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. _I- 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 -2- f ,�n5 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: i -2- %2Y 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 -5- 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 -6- ^ I - 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 -7-