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HomeMy WebLinkAboutMinutes 1958-08-14MINUTES OF REGULAR ADJOURNED MEETING BOARD OF DIRECTORS,COUNTY SANITATION DISTRICT NO.7 ORANGE COUNTY,CALIFORNIA August 14,1958 at 8:00 o’clock p.m. Room 239,1104 West Eighth Street Santa Ana,Ca].ifQrnia Pursuant to adjournment of the regular meeting on August 13, 1958,the Board of Directors of County Sanitation DistrIct No.7 of Orange County,California,met in regular adjourned meeting at the hour of 8:00 o’clock p.m.,August 14,1958 in Room 239 at 1104 West Eighth Street,Santa Aria,California. The Chairman called the meeting to order at 8:00 o’clock p.m. The roll was called and the Secretary reported a quorum present. Directors present:Jerome KIdd (Chairman) Charles E.Hart Dale H.Hein].y Rex A.Parks A.H.Neyers and William H.Hirstein Directors absent:None Others:present:Lee N.Nelson,C.Arthur Nisson,Jr., Sidney L.Lowry,George Tobias,Vincent L.Humeston,A.A.Hall,Frank F.Mead, Chet TJ~nberham,Bill Moses,Walter R.Cowan, W,H.Brown,Ross Smith,Roland Anderson, Dennis Hayden,F,M~Clark,Mr.Taylor, Charles Voight and Ora Mae Merritt, Secretary Public hearing on This being the time and place set by the Engineers’report Board of Directors of County Sanitation of July 16,l95~District No.7 of Orange County, California,for the hearing on any objec tions to the report of J.R.Lester Boyle and Sidney L.Lowry, Sanitation Engineers,of said district,filed with this Board July 16,1958,or doing all or any part of the work referred to in said report,the matter is called up. The Chairman requested the Secretary to read ar~y written objections filed in connection with .the Engineers’report. The Secretary reported no written protests had been tiled. The Chairman called upon the General Counsel,Mr.C.Arthur (Nisson,Jr,,.and the.Engineer,Mr.Sidney L,Lowry,who reviewed thea Engineers’report in d.etail and legal pvocedure relative to exclusion of territory contemplated before the Bonda are sold if the election is successful. -1— At the request of the Chairnian,in answer to questions from the floor,Mr.Nissan reviewed legal procedures required in petitioning for excluding fringe areas from the District. Th1~Board having heard all interested persons,all objections and all oral or written protests presented to it, upon motion of Director Dale H.Heinly,seconded by Director Charles E.Hart,and carried by the following vote,to wit: AYES:•Directors Charles E.Hart,Dale H.Heinly, Rex A.Parks,A.H.Meyers,William H.Hirstein and Jerome Kidd 0 C lô~ëa NOES: ABSENT: Directors None Directors None Moved by Director Dale H.Heinly,seconded by Director A.H.Meyers and duly carried: That the public hearing on the Engineers’ report of July 16,1958,pursuant to legal notices of said hearing published in the manner prescribed by law in the Tustin News and in the Orange Daily News be and it is hereby declared closed. Resolution of the Upon a motion made by Dale H.Heinly, Board of Directors seconded by Director A.H.Meyers and calling a special duly carried,the Board of Directors bond election adopted Resolution No.529-7,calling a special bond election to be held on October 14,1958,for the purpose of submitting to the qualified electors the proposition of incurring a bonded indebtedness in the amount of $2,215,000.00 for the purpose of acquiring and constructing additional sewerage facilities.Certified copy of this resolution is attached hereto and made a part of these minutes. Authorizing employment of ~.Carlisle &.CO. for services in connec Moved by Dire~tor Dale H.Heinly,seconded by Director Charles E.Hart and duly carried: tion with thé~bOnd election That ~.Carlisle &Co.are hereby employed by County Sanitation District No.7 to furnish election supplies,services,supplies and assistance to the Secretary as set forth in their letter dated August 14, 1958 in connection with the special bond election proposed to be presented to the electors in the District on the proposi tion of financing sewering facilities as set forth in the Engineers’Report dated.July 16,1958;and That 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 ~nd of County Sanitation District No.7. 0 Ordering that the public hearing be 0 iiI1i~gi~~ -2- Authorizing employ~Moved by Director Dale H.Heinly, ~ient of C.Arthur seconded b~•Direetor Rex.A.Parks and Nisson,Jr.,General dulycarried: Counsel,i’or extra ~i~i~k in bond proceedings That Mr.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 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 an amount to be determined by Mr..Nisson and the Board of Directors at the next regular meeting.That said fee to be determined is to be paid following the bond election.That if the bonds do not carry,the fee shall be an amount to be determined by Mr.Nissori and the Board of Directors at the next regular meeting.That if the bonds carry and the legal opinion is advserse,there shall be no fee. Authorizing employ Moved by Director Dale H.Heinly,seconded merit of O~Melveny ‘by Director William H.Hirstein and duly &Myers for legal carried: opinion on bond proceedings 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.7 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 a fee schedule heretofore In effect for services of O’Melveny &Myers in special elections of the County of Orange and cities in Orange County. If the bonds do not carry,the fee will be an amount to be agreed upon by the law firm of O’Melveny &Myers and the Board of Directors at the next regular meeting. If the bonds carry and the legal opinion is adverse,the fee is to be an amount to be agreed upon by O’Melveny &Myers and the Board of Directors at the next regular meeting. 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. Adjournment Moved by Director Dale H.Heinly, seconded by Director A.H.Meyers and duly carried: That this meeting be adjourned. Whereupon the Chairman declared the meeting of the Board of Directors of County Sanitation District No.7 so adjourned at the hour of 8:50 o~clock p.m. Chairman,Board of DirectOrs ATTEST:County Sanitation District NO.7 Orange County,California . - Secretary,Board of Directors County Sanitation District No.7 Orange County,California S%jl%.,J.d.~tn~.l%~..&i ~~.~—lW c4.a..L~.W..t al..~.~la~Jsil.....S.~....?b ~ I