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HomeMy WebLinkAboutDistrict 05 Minutes 1954-01-28•L’~JL MINUTES OF REGULAR ADJOURNED MEETING BOARD OF DIRECTORS,COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA January 2~,1954.at 5:00 p.m. Council Chambers,City Hall Newport Beach,California Pursuant to adjournment of the last regular meeting,the Board of Directors of County Sanitation District No.5 of Orange County,California met in regular adjourned session at the hour of 5:00 p.m.,January 2~,1954,in the Council Chambers,City Hall, Newport Beach,California. The Chairman called the meeting to order at 5:15 p.m. The roll was called and the the Board to be present:~ Directors present: Directors absent: Others present: ~ppointing a presiding. chairman of the ~joint meeting of the Boards of Directörs~of.Distr i~ts Nos.~and ~ Secretary reported a quorum of Braden Finch (Chairman) Willis H.Warner Norman H.Miller Lee M.Nelson Harry Ashton Roy Anderson Ora Mae Merritt,Secetary Director Braden Finch proposed the Boards of Districts Nos.5 and 6 appoint a presiding Chair man of this meeting. Approval of minutes The Board of Directors took the following action: Moved by Director Braden Finch,seconded by Director Willis H.Warner arid duly carried: That the minutes of the regular meeting held on January 13,1954 be approved as mailed out. Moved by Director Braden Fincha seconded by Director Willis H.~Tarner that the minutes of the special meeting held on January 20,1954 be approved as mailed out. Corre s~nd ence The Secretary read the following: Report on completion and testing of the ocean outfall sewer,marine section,submitted by Harrison &Woolley and Headman,Ferguson &Carollo under date of January 27, 1954. Whereupon,the Boards of Dire ectors took the fbllowing action: Moved by Director Brader~Finch,seconded by Director A.H.Meyers and duly carried by the Boards of Directors of County Sani.tation DIstricts Nos..5 and 6: That Director Willis H.Warner be appointed presiding Chairman of this meeting. -1- t Whereupon,the Board of Directors took the follow ing actiori~ Moved by Director Braden Finch,seconded by Director Willis H.Warner and duly carried: That the report on construction and testing of the marine section of the ocean outfall sewer be received and ordered filed. Ernployrneiit of Harrison &The Secretary read proposal Woolley.,etal for do submitted by Harrison &Woolley t4iledd~sign and s~eci and Headman,Ferguson &Carollo ficatiorisfor Districts for engineering services to the ~ar~d 6 facilities Rocky Point and Bitter Point pwnping stations and appurtenant piping,fittings,etc.,for the fee of 4~2,5OO.OO.The Boards of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Bradon Finch and duly carried: That the proposal submitted by Harrison &Woolley and Headman,Ferguson &Carollo be received and ordered filed. Report of the General Manager Mr.Nelson reported tha~ Healy Tlbbitts Construction Company had requested the Districts to accept the marine section of the ocean outfall as functionally complete,and upon deposit by them of ~25,OOO.0O as guarantee against any damage which might be sustained prior to removal of the trestle and excess construction materials and clean up of job site,permit them to use the construction area for storage until July 1,1954,and recommended consideration of the contract which would grant this request.Mr.Nelson recommended consideration of Change Order No.5,granting an extension of time to and including January 27,1954 for construction of the marine section of the ocean outfall. Mr.Nelson reported upon negotiations with Mr. Peter Karales for property needed for a road to the treatment plant. Approval QfQharlge Order The board of Directors took No.5,granting ariexten the following action: iI~öri of ~ir~e to Healy Tibb~ts:cQnstruction.~Moved by Director Braden Finch, Company seconded by Director Willis H. Warner,and duly carried: That Change Order No...5,dated January 27,1954,as recommended by the General Manager,granting time extension of 50 calendar days to and including January 27,1954,all in accordance with the provisions of the contract with Healy Tibbitts Construction Company dated September 2, 1952,for construction of the marine section.of the ocean outfall sewer,be and the same is hereby approved and ordered filed in the office of the Secretary. Acceptingthe.Oçean Outfall The Board of Directors adopted Sewer~Mar~ne Section1~, Resolution No.344,accepting ~uthorizing contract with the Marine Section of the Ocean llealyTibbitts Constructio~i Outfall Sewer;authorizing Company;~andQrdering execution of contract with recordation of Noticeo~.Mealy Tibbitts Construction Completion Company upon deposit of —2— r~-r~ ~25,O0O.00 and ordering rec~rdation of Notice of C~u~p1etion of Work.Certified copy of this resolution is attached hereto and made a part of these minutes. Report of legal counsel ‘Mr.Ashton reviewed written •legal opinion submitted to the Boards at the meeting held - on January 27,1954 by Mr.C.Arthur Nisson,Jr.,relative to basic differences of opinion regarding Agreement with the J.0.S.;and the negotiations with Mr.Peter Karales for acquisition of property for the treatment plant road. Committee meetin~Mr.Nelson reported that the Boards of Director of County Sanitation Districts Nos.1,2,3,6,7 and 11 has passed a motion at the last joint meeting of the Boards that the proposed agreement with the J.O.S.and the Sani tation Districts be referred to a special committee compr ised of the Chairman of each of the Boards for consideration and advice to the Boards at the next joint meeting. Authorizing purchase of The Board of Directors took certain real property the following action: from Peter Karales Moved by Director Braden Finch, seconded by Director Willis H.Warner and duly carried: That County Sanitation Districts Nos.1,2,3,5,6, 7 and 1].shall pay the sum of ~l,416,O0 from Construction Funds (Revolving Fund A)to PETER KARALES for the real property interests of said PETER KARALES (excepting oil interests)in the real property hereinafter described,and that the attorneys representing the Districts in the con demnation suit against PETER KARALES,et al.be authorized to stipulate to an interlocutory judgment there- for. That real property situated in the Northeast quarter of Fractional Section 19,Township 6 South,Range 10 West,S.B.B.&N.described as follows: PARCEL A A 50 foot strip of land 25 feet on each side of the following described center lines Commencing at the point of intersection of the West line of Parcel 4b in the judgment recorded in Book 2540 at page 430 of ,Official Records of Orange County,Calif ornia with a line running south 34°4.7’56” East from a point which lies 11.15 feet East and 14,94 feet South of the North quarter corner of fractional section 19, Township 6 South,Range 10 West,S.B.B.&M.; running thence North 34°47’56”West to the point of intersection with the Southeasterly line of Wright Street. PARCEL B A triangular tract of land bounded on the Southwest by the Northwest line of the strip of land described as Parcel A hereof;on the —3— 2,~ East by the West line of Parcel No.4b as described in the judgment recorded in Book 2540 at page 430 of Official Records of Orange County,California,and on the North by the north line of said Parcel 4b projected westerly to its intersection with the Northeast line of Parcel A hereof. Report of the Finance Director Warner,Chairman of Committee the Finance Commit~e~reported he had reviewed the bills listed ~~he Agenda and found them to be in Qrd3r and recomm~:.:~approval for payment. Joitit_Administ:’~t~ive fl~vo~vin~nd Warrant Registers — Moved by Director E~iec.Finch, seconded by Director Willis H.Warner and duly c.arried by roll call vote: That the Joint administrative Warrant Register, totaling ~99.6l and the Revolving Fund Warrant Register,. totaling $1,740.22 be and they are hereby approved for signature of the Chairmen and the County Auditor is authorized to pay: Joint Adminis trative Warrant Demand No.In Favor Of Amount JA-47~Bales Office Equipment Company ~11.13 479 Dennis Printers and Stationers 27.80 480 Orange County Blueprint Shop 7.76 481 Santa Aria Typewriter Company 1.69 482 Standard Oil Company of California 18.59 483 Stein’s 2.64 48/f F.R..Harwood,Postmaster 30.00 99.61 Revolving Fund Warrant Demand No~In Favor Of ______ F-20 Harrison &Woolley,and Headman, Ferguson &Carollo ________ Construction Fund Warrant Register Moved by Director Braden Finch,seconded by Director Willis H.Warner and duly carried: That Distric~t No.5 Construction Fund Warrant Register be approved for signature of the Chairman and the County Auditor is authorized to pay: Warrant Demand No.In Favor Of Amount 5-22 Harrison &Woolley,and Headman, Ferguson &Carollo 157.81 The Board of Di~ctors took the following action: Amount ~1,740.22 The Board of Directors took the following action: -4- .2E0 That County Sanitation District No.6 be designated contracting agent for itself and District No.5 in connec tion with the proposed construction as recommended in Section 10 of the report of the Engineers dated January L~ 1954;and that the Boards of Directors pf County Sanitation Districts Nos.5 and 6 be authorized to take such action as is necessary in connection with such construction and for the purpose of entering into contracts relative thereto. Creating a Suspense Fund The Board of Directors adopted from the Operating Funds Resolution No.31~creating of Districts Nos.5 and 6 a suspense fund for paying cost of constructing joint facilities of Districts Nos.5 and 6.Certified copy.of this resolu tion is attached hereto and made a part of these minutes. Adjournment The Boards of Directors took the following action: I7Z~&~(~L~ Chairman,Board of Directors County Sanitation District No.5 Orange County,California Employing H~.rrison &The Board of Directors adopted Woolley and Headman~Resolution No.346,employing Ferguson &Carollo Harrison &Woolley and Headman, Ferguson &Carollo for detailed design and specifications for construction of facilities of Districts Nos.5 and 6~Certified copy of this reso lution is attached her~to and made a part of these minutes. Appointing Lee M~Nelson The Board of Directors adopted Purchasing Agent for Resolution No.347 appointing DIstricts Nos.5 andô Lee M.Nelson as Purchasing Agent for Districts Nos.5 and 6.Certified copy of this resolution is attached hereto and made a part of these minutes. Designating District No.6 as contracting agent for itself and County Sani-~ tation District No.5 in connection with the proposed construction as recomniended in Section 10 of the report of the Engineers dated January 4-,1954- The Board of Directors of County Sanitation Districts Nos.5 and 6 took the following action: Moved by Director Braden Finch, seconded by Director A.H. Meyers and duly carried by roll call vote of the Boards of Directors of County Sanitation Districts Nos,5 and 6: Moved by Director Braden Finch,seconded by Director A.H.Meyers and duly carried by the Boards ef Directors of County Sanitation Districts Nos.5 and 6: That this meeting be adjourned. Whereupon,the Chairman declared the meeting of these Boards so adjourned at 5:30 p.m. ATTEST: f~ctorsSecretary,Board County Sanitation District No.~5 Orange Covnty,California —5— 2C2 RESOLUTION NO.344—5 A RESOLUTION APPROVING AGREE~NT FOR MODIFICATION OF CONTRACT FOR THE CON STRUCTION OF OCEAN OUTFALL SEWER,MARINE SECTION,WITH HEALY TIBBITTS CONSTRUCTION COMPANY,DATED SEPTEMBER 2,1952 The Board of Directors of County Sanitation District No.5 of Orange County,California,does resolve as follows: WHEREAS,the Contractor has completed the cor~struction in accordance with the terms of the contract dated September 2,1952 for construction of the Ocean Outrall ‘Sewer (Marine Section), ~C~PTING ONLY for the removal of the construction trestle work frcn:Station O~OO to Station l7,~5O and for the removal of his excess construction materials,equipment,etc.;and WHEREAS,County Sanitation District No.1 of Orange County, California as contracting agent for itself and County Sanitation Districts Nos.2,3,5,6,7 and 11,can advantageously make use of the now completed Marine Section of the Ocean Outfall Sewer; and WHEREAS,it would be t~no disadvantage of these Districts to permit the Contractor to use this construction area for the storage of materials until July 1,1954,said construction area being under lease by said Distr~.ct No.1 from the State of Ca]:ifornia,Department of Natural Resources,Division of Beaches and Parks,until this date; NOW,THEREF~E,BE IT RESOLVED: That the Chairman of the Board of Directors and the Secretar’ of County Sanitation.District No.1 of Orange County,California, be and they are hereby authorized to execute an agreement on behalf of said District and County Sanitation Districts Nos.•2,3,5,6,7 and 11,which agreement shall provide for the acceptance of the construction of the Ocean Outfall Sewer,Marine Section,and waiving the requirement of the removal by the Contractor of the constructior trestle work from.Station O~OO to Station 17~5O a~d far the removal of his excess construction materials,equipment,etC.,as a requirement to acceptance of the work as completed and before recording Notice of Completion of the contract dated September 2, 1952,and authorizing said Chairman and Secretary to sign and have filed in the records of Orange County,California Notice of Completion for the construction of said Marine Section of the Ocean Outfall Sewer after the Healy Tibbitts Construction Company have deposited with the Secretary of County Sanitation District No.1 a certified check in the sum of ~p25,OOO.OO which shall be deposited by .~ai..d Secretary in the Suspense Fund of County Sanitation District i~i,of Orange County,California,and held in said fund until c.h.’~Healy Tibbitts Construction Company has removed all facilities, eQuipment and materials without damage to any portion of the Ocean Outfall and to the satisfaction of the Board of Directors of said District and with approval of and continuing liability of the bonding companies bonding said contractor; BE IT FURTHER RESOLVED: That upon the recording of Notice of Completion as hereinabo~ provided,the work shall be deemed to have been completed and accepted by the District and finally completed and the contractor er~tit~ed to payment therefor under the terms of his contract. The foregoing resolution was passed and adopted at adjourned 1”1~A~’meeting of the Board.of Directors of County Sanitation District No.5 on the 2~th day of January ,1954. ~~~J~~ Secretary,Board of Directors County Sanitation District No.5 Orange County,California —2— 2~ STATE OF CALIFORNIA) ss COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of.the Board of Directors of ~ County Sanitation District No.5 of Orange County,California, do hereby certify that the foregoing Resolution was passed and adjourned adopted at a regular/meeting of the Board of Directors of County Sanitation District No.5 of Orange County,California,held on the 2~th day of January ,~by the following roll call vote: AYES:Directors Braden Finch and Willis H.Warner NOES:None ABSENT:Norman H.Miller IN WITNESS WHEBJ~OF,I have hereunto set my hand and affixed the seal of County Sanitation District No.5 of Orange County, California,this 2~th day of January ,l95~.. Secretary,Board of Directors County Sanitation District No.5 Orange County,California 2~ RESOLUTION NO.34.6—5 RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.5 AND 6 OF ORANGE COUNTY,CALI~OflNIA,APPROVING AND ACCEPTING T~E PROPOSAL OF K.J.HARRISON AND J.A.~OOLLEY, A CO-PARTNERSHIP EXISTING UNDER THE NAME OF HARRISON &WOOLLEY,and SAM HEADMAN,BEi~FERGUSON AND JOHN A.CAROLLO,A CO-PARTNERSHIP,EXISTING UNDER THE NAME OF HEADMAN,FERGUSON &CAROLLO, FOR THE PREPARATION OF DETAILED PLANS AND SPECI FICATIONS FOR CERTAIN WORK rro BE DONE UNDER SECTION 10 OF THE REPORT OF SAID ENGINEERS,DATED JANUARY ~f The Board of Directors of County Sanitation District No.5 resolves as follows: WHEREAS,the contract between County Sanitation Districts Nos.5 and 6 of Orange County,California,and K.J.Harrison and J.A.Woolley,a co-partnership existing under the name of Harrison &Woolley,and Sam Headman,Ben Ferguson and John A.Caro1].~, a co-partnership,existing under the name of He~dmari,Ferguson & Carol1~,provides that payment to said engineers for detailed plans and specifications in the event of the cost of the work contemplated is less than ~lOO,OOO.OO,shall be ri~got~iated between the parties; and WHEREAS,said engineers have submitted a proposal to the Boards of Directors of Couney Sani~ation Districts Nos.5 and 6 wherein they propose to t~rnish necessary engineering,detailed plans and specifications and general supervision,but not detailed construction suçervision,for the work outlined in Section 10 of their report dated January 4,1954 for a lump sum of ~2,5OO.OO; and WHEREAS,it is in the best interest of the DistrictB that said proposal be accepted; NOW,THEREFORE BE IT RESOLVED: That the proposal of K.J.Harrison and J.A.Woolley, a co-partnership,existing under the name of Harrison &Woolley, and Sam Headman,Ben Ferguson and John A.Carollo,a co-partnership existing under the name of Headman,Feguson &Caro11~,for the —1— 270 preparation of plans and speelfications for Item 10 as set forth in the report of the Engineers,dated January 4,1954,be and the same is hereby accepted;and. BE IT FURTHER RESOLVED: That payment for services in accordance with said proposal shall be made to the Engineers within ten days after the date of submission of the plans arid specifications from th3 re~pQctiv~ operating funds of County Sanitation Districts Nos,5 and 6 and that payment shall be borne by äaid County Sanitation Districts Nos.5 and 6 in proportion of 75.00%by County Sanitation District No.5 and 25.00%by County Sanitation District No.6 adjourned The foregoing resolution was passed and adopted at a regular! meeting of the Board of Directors of County Sanitation District No.5 on the ~th day of January,1954.. ~~~ Se~cretary,Board of Director3 County Sanitation District No.5 Orange County,California STATE OF CALIFORNIA) ss COUNTY OF ORANGE .) I,ORA M:~E MEHF~ITT,Secretary of the ~3oard of Directors of County Sanitation District No.5 of Orange County,California, do hereby certify that the foregoing resolution was passed and adjourned adopted at a regular/meeting of the Board of Directors of County Sanitation District No.5 of Orange County,California,held on the 2~Øth day of January,1954,by the followinp roll call vote: AYES:Directors Willis H.Warner and Braden Finch NOES:Directors None ABSENT~Direstors Norman H.Miller —2.. 272 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of County Sanitation District No.5 of Orange County,California,this 2~thday of January ,1954. çi2~•~ ecretary,Board of Directors County Sanitation District No.5 Orenge County,California 27~ RESOLUTION NO.347-5 RESOLUTION APPOINTING LEE M.NELSON PURCHASING AGENT WITHOUT COMPENSATION FOR COUNTY SANITATION DISTRICTS NOS. 5 AND 6 OF ORANGE COUNTY,CALIFORNIA The Board of Directors of County Sanitation District No.5 resolves as follows: RESOLVED: That Lee M.Nelson,General Manager,be and he is hereby appointed Purchasing Agent for County Sanitation Districts Nos.5 and 6 of Orange County,California,without compensation;and BE IT FURTHER RESOLVED: That any other resolution or action of the Board in conflict herewith be and they are hereby rescinded. The foregoing resolution was passed and adopted at a adjourned regular/meeting of the Board of Directors of County Sanitation District No.5 of Orange County,California,on the 2gth day of January,1954. ~~2v~e ~ ~ecr~tary STATE OF CALIFORNIA) 55 COUNTY OF ORANGE ) I,.ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.5 of Orange County,California, do hereby certify that the foregoing resolution was passed and adjourned adopted at a regular/meeting of the Board of Directors of County Sanitation District No.5 , heldon the 2~ch day of January, by the following roll call vote: AYES:Directors Willis H.Warner and Braden Finch NOES:Directors None ABSENT:Directors Norman H.Miller -l — ‘~27S IN WITNESS W}{EREOF,I have hereunto set my hand and affixed the seal of County Sanitation District No,5 bf Orange Count~r,California,this 2~th day of January ,1954. c~‘2~‘ Secretary,Board of Directori County Sanitation District No.5 Oronge County,Ca1iforn~.a 2~ RESOLUTION NO.3~~-5 RESOLUTION OF COUNTY SANITATION DISTRICTS NOS.5 AND 6 OF ORANGE COUNTY,CALIFORNIA, AUTHORIZING AND DIRECTING COUNTY SANITATION DISTRICT NO.6 OF ORANGE COUNTY TO ESTABLISH A SUSPENSE FUND FOR THE PURPOSE.OF PAYING CONSTRUCTION OBLIGATIONS JOINTLY UNDERTAKEN AND ESTABLISHING ThE PERCENTAGE OF CONTRI BUTION THERETO. The Board of Directors of County Sanitation District No.5 resolves as follows: RESOLVED: That County Sanitation District No.6 of Orange County, California be and is hereby authorized and directed to establish a Suspense Fund for the purpose of the payment of joint construct ion obligations in connection with the construction of the facil ities described in Section 10 of the Engineer’s Report dated January 4,1954 on file in the office of the Secretary of the Districts and that each District bear the percentage costs of the obligations chargeable to the fund in the following percentage: District No.5 -75.00% District No.6 -25.00% BE IT FURTHER RESOLVED: That upon the request of the General Manager of the Districts made to the Auditor of the Districts the necessary funds be trans ferred from the Operating Funds of said Districts to the Suspense Fund herein provided for. The foregoing resolution was passed and adopted at a adj ourned regular/meeting of the Board of Directors of County Sanitation District No.5 of Orange County,California on the 2~th day of January,1954. ~~1/e~~ Secretary —1— 2~O STATE OF CALIFORNIA) ss COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.5 of Orange County,California, do hereby certify that the foregoing Resolution was passed and adjourned adopted at a regular/meeting of the Board of Directors of County Sanitation District No.5 of Orange County,California,held on the 2~th day of January ,1954,by the following roll call vote: AYES:Directors Willis H.Warner,and Braden Finch NOES:None ABSENT:Director Norman H.Miller IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of County Sanitation District No.5 of Orange County, California,this 2~thday of January , l95~. ~ Sedretary,Board of D.irectors County Sanitation District No.5 Orange County,California