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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 ________________ 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 -1— 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. - That if the bonds carry and the legal opinion L _____ 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 -3- a S