HomeMy WebLinkAboutMinutes 1958-04-11MINUTES OF THE
REGULAR ADJOURNED MEETING,BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.1].
ORANGE COUNTY,CALIFORNIA
April 11,1958 at the hour of 4:30 o’clock p.m.
In the Council Chambers,City Hall
Huntington Beach,California
Pursuant to adjournment of the regular meeting on April 9,
1958,a regular adjourned meeting of the Board of Directors of
County Sanitation District No.11 of Orange County,California
was held at the hour of 4::30 o’clock p.m.,April 11,1958 in the
Council Chambers,Ci.ty Hall,Huntington Beach,California.
p.m.
Chairman Bartlett called the meeting to order at 4:30 o’clock
The roll was called and the Secretary reported a quorum
present.
Directors present:Ted W.Bartlett (Chairman)
and Victor Terry
Directors absent:Willis H.Warner
Others present:Lee M.Nelson,C.Arthur Nisson,Jr.,
C.A.Bauer,Sidney L.Lowry,
Harry Overmyer,B.J.Smith and
Ora Mae Merritt,Secretary
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The Engineers’Report of April,
__________________
1958,was submitted by Lowry
Overmyer &Associates,Inc.
reviewed the report in detail.
Mr.Lee M.Nelson,General Manager,reported he had
previously reviewed the report and concurred with the
findings of the Engineers and recommended approval by the
Board.
Mr.C.Arthur Nisson,Jr.,General Counsel,reported
he had previously reviewed the report and found it to be
in conformance with requirements of the Health and Safety
Code.
Finding the Engineers’
Report satisfactory;
and ordering publication
of notice for public
hearing on said report
The report of Lowry-Overmyer &
Associates,Inc.dated April,1958,
ordered by Resolution No.507-il
was presented and considered.
that said report be ordered filed,that this board find and does
hereby find that said report complies with the provisions of
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Report submitted by
the Engineers
Mr.Lowry and Mr.Overmyer
It was moved by Director Victor Terry,seconded by
Director Ted W.Bartlett and carried by the following vote,
to wit:
AYES:Directors Victor Terry and Ted W.Bartlett
NOES:Directors None
ABSENT:Director Willis H.Warner
the County Sanitation District Act (Chapter 3,Part 3,Divi
sion 5 of the Health and Safety Code)and that it is satis-(~JJJ)
factory to this board,that this board fix and it does hereby
fix April 28,1958 at the hour of 8:00 o’clock p.m.at the
regular meeting place of this board as the time and place for
hearing objections to said report and to doing all or any
part of the work referred to in said report,and that the
Secretary be and is hereby ordered to publish notice of said
hearing in the Huntington Beach News for the time and in the
manner provided by law.
Report of the The Secretary read letter addressed co U~e
General Counsel Board from Mr.C.Arthur ijiSSOfl,Jr.,
relative to legal procedures concern
ing the validity of the bonds.~4hereupon,a motionwas
made by Director Victor Terry,seconded by Director Ted.W.
Bartlett and duly carried:
That the letter from C.Arthur Nisson,Jr.,concerning
legal procedures required in the proposed bond election and
opinions concerning the validity of the proceedings and fees
therefor.be received and ordered filed.
Employment of OMelveny Moved by Director Victor Terry,seconded
&Myers for legal opinion by Director Ted W.Bartlett and duly
concerning validity of carried:
th~bonds
That the law firm of O’Melveny &Myers
be employed to render an .opinion on the bond proceedings
to be undertaken in County Sanitation District No.11 and to
generally oversee the proceedings for a fee to be determined
as follows:
If the bonds carry and the opinion is favorable,the fee
will be calculated on the bacis of $2.00 per ~l~000.00
on the first one million dollars worth of bonds,and
$1.00 per $1,000.00 on all bonds over the first million.
The fee will be payable at the rate of $1,000.00 following
the election and the remainder upon the sale of the bonds.
If the bonds do not carry,the fee will be ~500.00.
If the bonds carry and the legal opinion is adverse,a
fee of $250.00.
In addition to all fees calculated as provided above,
all out-of-pocket expenses,such as telephone calls,etc.
shall be paid by the District.
E~p1~rn~efltcf______Moved b~Director Victor Terry,
C.Areht.r :a~on,Jr seconded by Director Ted W.Bartlett
f~r special and and duly carried:
additional services
That C.Arthur Nisson,Jr.,General
Counsel for the District,be paid a special fee for the
extra work involved in handling the proposed bond proceedings
in the District,and-that he be paid a fee to be determined
as follows:
That if the bonds carry and the opinion of O’Melveny &-
Myers,bond attorneys,is favorable,he be paid a fee of
~l,200.00.That said fee is payable following the bond
election.That if the bonds do no~carry,the fee shall
be .3500.00.
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That if the bonds carry and the legal opinion
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adverse,there shall be no fee.
Authorizing employment Moved by Director Victor Terry,seconded
of A.Carlisle&Co by Director Ted W.Bartlett and duly
for services in carried:
connection with the
bond election That A.Carlisle &Co.are hereby
employed by County Sanitation District
-No.11 to furnish election supplies,services and assistance
to the Secretary as set forth in their letter to her dated
April 8,1958 in connection with the special bond election
proposed to be presented to the electors in the District on
the proposition of financing sewering facilities as set forth
—in the Engineers’Report dated April,1958;and
The General Manager is hereby authorized to order and
to issue purchase orders for said supplies,services and
assistance as may be required by the Secretary in connection
with said bond election;and
That payment for said election supplies,services and
assistance is hereby authorized to be made from the Operating
Fund of County Sanitation District No.11.
Operating Fund Moved by Director Victor Terry,
Warrant Register seconded by D±rector Ted W.Bartlett
and duly carried:
That District No.11 Operating Fund Warrant Register
is hereby approved for signature of the Chairman and the
County Auditor is authorized to pay the following warrant
demands listed thereon:
Warrant
Demand No.In Favor Of Amount
11-31 Lowry-Overrnyer &Assoa!ates,Inc.~_
Adjournment Moved by Director Victor Terry,seconded
by Director Ted W.Bartlett and duly
carried:
That this meeting be adjourned to the hour of 4:00 o’clock
p.m.,April 2~,1958 at the regular meeting place of the board
in Room 239 at 1104 West Eighth Street,Santa Ama,California.
Whereupon,the Chairman declared the meeting of the
Board of Dii’~rors of County SanltaUon District No.11 so
adjourned at ~.;he hour of 5:00 o’clock p.m.
Chairman,Board of Directors
County Sanitation District No.11
•Orange County,California
ATTEST:
Secretary,Board of Directors
•County Sanitation District No.11
Orange County,California
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