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
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