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HomeMy WebLinkAboutMinutes 1959-04-22 MINUTES OF THE REGULAR ADJOURNED MEETING OF THE BOARD OF DIRECOTRS, COUNTY SANITATION DISTRICT NO. 3 ORANGE COUNTY, CALIFORNIA April 22, 1959 at the hour of 8:00 o'clock p.m. Room 239, 1104,-West Eighth Street Santa Ana, California Pursuant to adjournment of the regular meeting held on April 8, 1959, a regular adjourned meeting of the Board of Directors of County Sanitation District No. 3 of Orange County, California, was held at the hour of 8:00 o'clock p.m. , in Room 239 at 1104 Nest Eighth Street, Santa Ana, 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: Howard M. Cornwell (Chairman) Thomas Baroldi Herbert Cook John R. Dunham Glenn G. Fry Paul C. Furman Earl T. Irby Jim Kanno W. A. MacKinnon Frank J. Schweitzer, Jr. Walter W. Walker Willis H. Warner W. A. Peak Directors absent: None Others present: Paul G. Brown, Harry Billings Conrad Honer, Milo Keith, Sidney L. Lowry, Ted Dunn and Ora Mae Merritt, Secretary Opening and reading This being the time and place fixed sealed ro osa s for for opening, reading and examining construction of the sealed bids received for construction Riller-Holder Trunk of the Miller-Holder Trunk Sewer, Sewer Contract No. Contract No. 3-4A, pursuant to legal 3- A notices calling for bids published in the Buena Park News for the time and the manner prescribed by law, the Board of Directors took the following action: Moved by Director Willis H. garner, seconded by Director Frank J. Schweitzer, Jr. and duly carried: That sealed proposals received for construction of the Miller-Holder Trunk Sewer-Contract No. 3-4A be opened and read by the Secretary. Whereupon, said proposals were publicly opened, read and examined. Referral to the Engineers Moved by Director Willis H. Warner, and the General Manager seconded by Director Jim Kanno and for tabulation and recom- duly carried: mendation to the Boar sealed proposals as opene That proposals received and read at and read by.the Secretary this meeting for construction of the for construction of Miller- Miller-Holder Trunk Sewer, Contract Roder Trunk Sewer Contract No. 3-4A, be referred to the Engineers No. 3 A and General Manager for tabulation and recommendation to the Board. Report of the General In the absence of the General Counsel, Counsel letter dated April 22, 1959 address- ed to Ccu-ity Sanitation Districts Nos. 1, 2, 3, 5, -6, 7 and 11, Joint Administrative Organiza- tion, from Mr. C. Arthur Nisson, Jr. , was read by the Secretary. In this letter, Mr. Nisson reviewed Section 703 of the Streets and Highway Code of the State of California, quoting the last paragraph thereof: "Publicly owned sewers -and fire hydrants and any street lighting structure, whether publicly or privately owned, or any freeway "shall be located where necessary at the expense of the department." and continued with summary of the analysis of the General Manager and General Counsel that the matter of relocation and the applicability of this section should not be a _ condition to the issuance of a permit to cross or construct sewers within the right of way of a state highway or freeway, and that when and- if the issue of the cost of relocation of such facilities arises, then, and at that time, the true effect and meaning of Section 703 of the Streets and Highways Code, together with other applicable sections of the law of the State of California, shall be considered and determined. It was recommended in this letter by Mr. Nisson, that for the purpose of. making this determination, it is proposed to bring a lawsuit in the name of County Sanitation District No. 2 to seek a writ of mandate requiring the department to issue a permit without the waiver of this statute for declaratory relief intrepreting the true meaning and position of county sanitation districts and publicly owned sanitary sewers; and as all sanitation districts ,have a consideral financial interest in this matter 'that such litigation will be of benefit' to all districts and may properly be charged to the Joint Administra- tive Organization. Mr. Paul G. Brown, Assistant General Manager, reported that this matter is brought to the attention of the boards at this meeting without recommendation for action but to get an expression from Directors present as to their attitude on the recommendation of the General Counsel. There followed a discussion on the points made in Mr. Nisson's letter. Authorizing the General Mr. Paul G. Brown, Assistant anager to negotiate a General Manager , reported that contract With owry- further consideration was recom- vermyer and Associates,1nc. mended on the Preliminary Report or stu y and report on of made for County Sanitation District tield waste water disposal No. 11 in 1958 concerning oil well wastes disposal; and, as District -2- No. 3 has a similar problem, that each District negotiate a contract with Lowry-Overmyer and Associates, Inc. for a study and report on this matter. Whereupon, a motion was made by Director Willis H. Warner, seconded by Director Glenn G. Fry and duly carried: That the General Manger be and he is hereby authorized to negotiate a contract with Lowry-Overmyer and Associates for study and a report on the most economical and feasible methods of disposal of oil field waste water in the Huntington Beach and West Newport Areas; total cost of said study and report to be paid by County Sanitation Districts Nos. 3 and 11 in the following percentages, to wit: District No. 11 65% District No. 3 35% and the contract for said services be'presented to the Board for consideration at a future meeting. Adjournment Moved by Director Willis H. Warner, seconded by Director Frank J. Schweitzer, Jr. , and duly carried: That the meeting of the Board of Directors of County Sanitation District No. 3 be adjourned to the hour of 8:00 o'clock p.m. , Wednesday evening, April 29, 1959 in Room 239 at 1104 West Eighth Street, Santa Ana, California. Whereupon, the Chairman declared the meeting so adjourned at the hour of 8:55 o'clock p.m. Chairman, Board of Directors County Sanitation District No. 3 Orange County, California ATTEST: Secretary, Board of Directors County Sanitation District No. 3 Orange County, California -3- MINUTES OF THE REGULAR ADJOURNED MEETING OF THE BOARD OF DIRECTORS, COUNTY SANITATION DISTRICT NO. 11 April 22, 1959 at the hour of 8:00 o'clock p.m. Room 239, 1104 West Eighth Street Santa Ana, California Pursuant to adjournment of the regular meeting held on April 8, 1959, the Board of Directors of County Sanitation District No. 11 of Orange County, California,'met in a regular adjourned meeting at the hour of 8:00 o'clock p.m., April 22, 1959 in Room 239 at 1104 West Eighth Street, Santa Ana, 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: Earl T. ' Irby (Chairman) Victor Terry Willis H. Warner Directors absent: None Others present: Paul G. Brown, Harry Billings, Conrad Honer, Milo Keith, Sidney L. Lowry, Ted Dunn and Ora Mae Merritt, Secretary Report of the In the absence of the General Counsel, General Counsel letter dated April 22, 1959, addressed to County Sanitation Districts Nos. 1,2, 3, 5, 6, 7 and 11, Joint Adr:inistrat-ive. Organization, from Mr. C. Arthur Nisson, Jr. , was read by the Secretary. In this letter, Mr. Nisson reviewed Section 703 of the Streets and Highway Code of the State of California, quoting the last paragraph thereof: "Publicly owned sewers and fire hydrants and any street lighting structure, whether publicly or privately owned, or any freeway shall be located where necessary .at the expense of the department." and continued with summary of the analysis of the General Manager and General Counsel that the matter of relocation and the applicability of this section should not be a condi- tion to the issuance of a permit to cross or construct sewers within the right of way of a state highway or freeway, and that when and if the issue of the cost of relocation of such facilities arises, then, and at that time, the true effect and meaning of Section 703 of the Streets and Highways Code, together with other applicable sections of the law of the State of California, shall be considered and determined. It was recommended in this letter by Mr. Nisson, that for • the purpose of making this determination, it is proposed to bring a lawsuit in the name of County Sanitation Distr- ict No. 2 to seek a writ of mandate requiring the depart- ment to issue a permit without the waiver of this statute for declaratory relief intrepreting the true meaning and position of county sanitation districts and publicly owned sanitary sewers; and as all sanitation districts have a considerable financial interest in this matter that such litigation will be of benefit to all districts and may properly be charged to the Joint Administrative Organiz- ation. Mr. Paul G. Brown, Assistant General Manager, reported that this matter is brought to the attention of the boards at this meeting without recommendation for action but to get an expression from Directors present as to their attitude on the recommendation of the General Counsel. There followed a discussion on the points made in Mr. Nisson's letter. Authorizing the Mr. Paul G. Brown, Assistant General General Manager to Manager, reported that further consi- negotiate a con- deration was recommended on the tract with Lowry- Preliminary Report made for County Overme er and Asso- Sanitation District No. 11 in 1958 ciates, Consulting concerning oil well wastes disposal; Unglneers and, as District No. 3 has a similar problem, that each District negotiate • a contract with Lowry-Overmyer and Associates, Inc. , Consult- ing Engineers, for a study and report on this matter. Whereupon, a motion was made by Director Willis H. Warner, seconded by Director Victor Terry and duly carried: That the General Manager be and he is hereby authorized to negotiate a contract with Lowry-Overmyer and Associates, Inc. , Consulting Engineers, for study and a report on the most economical .and feasible methods of disposal of oil field waste water in the Huntington Beach and West Newport Areas; total cost of said study and report to be paid by County Sanitation Districts Nos. 3 and 11 in the following percentages, to wit: District No. 11 65% District No. 3 35% and the contract for said services be presented to the Board for consideration at a future meeting. Adopting lans and s eci- Upon a motion made by Director fications and contract Willis H. Warner, seconded by Director documents for the constr- Victor Terry and duly carried, the uction of New an StN t Board of Directors adopted Resolution Interceptor Trunk G3evs ; Nd. 637 -11, approving and adopting and direct3.ngthe sec7eEary plans and specifications submitted by to. publish notice calling_ Lowry-Overmyer and Associates, Inc. , 2or bids Consulting Engineers, for construct- ion of the Newland Street Interceptor • Trunk Sewer, ordering said plans and specifications filed in the office of the Secretary of the District; and direct- ing the Secretary to advertise for bids for said work in the manner prescribed by law. Certified copy of this resolution is attached hereto and made a part of these minutes. -2- Adiournment Moved by Director Victor Terry, seconded by Director Willis H. v7arner and duly carried: That this meeting be adjourned. Whereupon, the Chairman declared the meeting of the Board of Directors of County Sanitation District No. 11 adjourned at the hour of 8:55 o'clock p.m. Chairman, oar of Directors County Sanitation District No. 11 Orange County, California ATTEST: Secretary, Board of Directors County Sanitation District No. 11 Orange County, California -3-