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HomeMy WebLinkAboutMinutes 1960-10-05MINUTES OF THE ADJOURNED REGULAR MEETING BOARD OF DIRECTORS,COUNTY SANITATION •DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA October ~,1960 at 4:00 p.m. Room 239,110)4 West Eighth Street Q Santa Ana,CaliforrLi? Pursuant to adjournment or the regular adjourned meeting on September 21,1960,the Board of Directors cf County Sanitation District No.7 of Orange County,California,met In an adjourned regular meeting at 4:00 p.m.,October 5,19:0 in Room 239 at 1104 West Eighth Street,Santa Ana,California. The Chairman called the meeting to order at 4:00 p.m. The roll was called and the Secretary rcported a ~iorum present. Jerome KidCI (chairman), Dee Cook A.Allen Hall Rex A.Parks C.M.Featherly Directors absent:A.:H.Meyers C.Arthur N~sson,Jr. Paul G.Brown 0.0.Bixier Conrad Hohener Frank MartInez Robert Bulot Fred A.Harper,Secretary Authorlzin:execution of ~reement wIth Bo~1e a~d Lowry for preparation of plans and specification~ _________ There was a thiscussion re~rding ___________________ pending petitions for exclusion in ____________________ the Orange Park Acres and El Modena ____________________— area;said pending exclusions may effect a change in ~he con3tructlon or locat~on of the terminus of the North T~nk Sewer th the area of Chapman ‘~ve.nue arid Santiago 3ou~.eva:-’o.“Zr.~u’ad ~ohe~ie~’,represe~it;ing Boyle artd Lowry2 iY’.st~ict 3ngi~e:s, stated that the fee for the design and engineering of the construction plans is based on the cost of the trunk sewers to be constructed and in the event an area is excluded prior to design,their fee would be reduced proportionately by the amcunt of construction deleted.It wa~the:-i moved,seconded ~i~d duly carrieJ That the Board of Directors adopt Resolution No.890-7, authorizing execution of Agreement dated October 5,1960, between Boyle and Lowry and District 7 for preparation of construction plans arid specifications.Certified copy of this resolution is attached hereto and made a part of these minutes. Autnorizing acquisition of easer.ientTcontract 7—1)and E~fhorizInr~payment therei~ CORRECTED COPY Directors present: Others present: Moved,seconded and duly carried: __________________________ That Miller,Nisson,Kogler and Werike,attorneys fox’County Sanita tion District No.7 are hereby authorized to enter Into a stipulation or stipulations for judgment in favor of the —1— District providing easements required by the District for the completion of its construction and maintenance of sewerage facilities are obtained for the use and enjoyment of the District,in form approved by C.Arthur Nisson,Jr., and providing for the hereinafter set forth payment of money. (1)That the temporary easement describe~in Resolution No.816-7 as Parcel VV and similarly so designated in that certain action in eminent domain No.88081 now pending in the Superior Court of the State of California in and for the County of Orange for the sum of money hereinafter set forth opposite~said parcel number to be paid from the Construction F\.~nd of County Sanitation District No.7 to the defendant -hereinaftel’named: To Dorothy M.Vetter ParcelVV $175.00 (2)That said sum of money shall be paid by the Auditor of the District upon entry of the Interlocutory Jud~ment in Condemnation (or Preliminary Order)in said lawsuit for the interest of said defendant and all other persons having ownership interests in the real property indicated by said parcel number hereinabove enumerated,as designated in the complaint,in eminent domain filed in the lawsuit hereinabove described. FURTHER MOVED: That C.Arthur Nisson,Jr.,General Counsel,is hereby authorized and directed to sign warrant register and warrant demand for payment of the above amount upon entry of the interlocutory judgment or judgments,or PrelimInary Order. Amending minutes of Moved,seconded and duly carried: June ~,19b0 That action authorizing acquisition of right of way by stipulation for judgment inactions Nos. 83070 and 88081,Parcels D,K,M and KK,is hei~’eby amended to read:I That Henry T.Segerstrom,as TRUSTEE shall be payee for all defendants named in said actions per judgment order dated September 30,19~O. Report oI~the General The General Counsel reported on Counsel the legal ramifications of the proposal by J.B.I-ianauer Company. The General Counsel outlined the proposal as:1.J.B. Hanauer Company would set up a non-profit corporation, 2.District 7 would enter into a lease agreement with the non-profit corporation,3.The non-profit corporation would derive funds for construction from the sale of their own bonds, ~The non-profit corporation would seek a ruling from the Internal Revenue Department to determine that the bonds were of a non-taxable nature.The General Counsel cor~itacted Q’Melveny &Myers,Bond Attorneys,~iho mentioned several -2- problems pertaining to this type of financing.The District would have to acquire rights of way,both public and private for the non-profit corporation.It is the most expensive way to finance sewer construction as the District is open for all costs in the formation of the non-profit corporation, legal opinions,etc.,as stated in Items G and Fl of their •proposal. Mr.G.0.Bixier,a member of the Ways and Means Committee, discussed the report submitted by the committee and stated that the committee felt that in the event the District con structed a portion of the sewer system it should be the Directors who finally determine the terminus of said trunk sewers.Mr.Bixler stated that in the last two elections there was a sixty-five percent vote in favor of trunk sewers and that the peopl9 in the area are confronted with a very serious problem,which can only become more serious in the •future. Report of the Assistant The Assistant General Manager General Manager reported that the firm of Stone and Youngberg,Municipal Financial • Consultants,wished to submit a proposal to the Board whereby they would prepare a report analyzing all available financial, engineering,legal and economic data which may have a bearing on a program for financing trunk sewers in District 7.Mr. &own stated that Mr.Robert Bulot,a representative of Stone and Youngberg,was present to present said proposal to the Directors. The Chair recognized Mr.Bulot,a representative of Stone and Youngberg,who explained the various services their firm would provide in the event the Directors accepted their proposal.He stated his firm would look into the possibility of Revenue Bonds,Lease Back financing,General Obligation Bonds,the formation of an improvement district within the Sanitation District,and prepare a comprehensive report to determine the best means of financing trunk sewers in the District. The General Counsel was asked by a Director if there was any prohibition in the law to prohibit the hiring of a firm of this nature.The General Counsel replied there was nothingpr~hibiting hiring a firm for this purpose as it was considered a professional service.It was moved,seconded and duly carried: That the proposal submitted by Stone and Youngberg be received and ordered filed and referred to the Directors for further study,and that a copy of said proposal be forwarded to the Ways and Means Committee. Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District Mo.7 be adjourned. Whereupon,the Chairman declared the meeting so adjourned at 5:35 p.m.,October 5,1960. Chairman,Board or Directors 01’ ATTEST:.County Sanitation District Mo.7 Of Orange County,California Secretary,Board of Directors Of County Sanitation District No 7 Of Orange County,California ~‘~‘~