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HomeMy WebLinkAboutBOARD MINUTES 01-19-50 191 MINUTES OF AN ADJOURNED MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JANUARY 19. 1950 The District Board of Central Contra Costa Sanitary District convened in adjourned session at its regular place of meeting lo- cated at 1822.Mt. Diablo Boulevard, in the City of Walnut Creek, County of Contra Costa, State of California, at the hour of 8:00 0.c10ck p.m., January 19,1950. The meeting was called to order by President Wadsworth and the following roll was called: PRESENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth ABSENT: Members - None READING OF MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting were read and were approved as entered. HEARING ON ASSESSMENT FOR LOCAL IMPROVEMENT DISTRICT NO. 16 Protest letters against the amount of assessment were read: Edgar P. Sawyer; C. W. Nioho1son; Morris B. Carter; Wm. G. Platner; Albert V. von Oztrop; and a letter from Harold L. Morris against the construction. The Board over-ruled the protest of Edgar P. Sawyer on the grounds that the assessment was only $568.50 on a five acre parcel. The President advised the remainder of protestants that their properties would be given further study. The Board instructed the Engineer to investigate the complaint by Mr. Morris against the work. The Contractor advised the Board that he would correct any conditions found to be incomplete. The hearing was continued to Thursday, January 26, 1950 at 8:00 0.c10ck p.m. PACHECO AREA - LOCAL IMPROVEMENT DISTRIC.T NO.18 I It was moved by Member Johnson, seconded by Member Smitten and unanimously carried, that the Board instruct the Engineer to initiate the necessary proceedings for a local improvement district in the pacheco area. EMPLOYEES. HEALTH INSURANCE PLAN It was moved by Member Johnson, seconded by Member Cornwall,. and unanimously carried, that the Board concur in the employees. desire to be served by a health insurance plan furnished by the California Physicians. Service, and approve payroll deductions for employees joining the plan. 01 19 50 192 CHARGING ùID EXPENSES TO SPECIAL EXPENSE FUND It was moved by Member Smitten, seconded by Member Cornwall and unanimously carried that the order of this Board adopted at the meeting of January 5th, 1950, by which the County Auditor was authorized and directed to deposit in the Running Expense Fund of the District the sum of $153,277.79 and that said amount be charged to the Special Expense Fund of the District, be and the same hereby is rescinded. It waS moved by Memb~r Cornwall, seconded by Member Smitten, and unanimously carried that the Board authorize the President and Secretary to draw warrants on the Special Expense Fund and deposit the proceeds of such warrants in the Running Expense Fund, as necessary, to keep the Running Expense Fund in balance. Further that these warrants be for the advances to Local Improvement Dist- ricts, which advances are reimbursable upon the delivery of the assessment and warrant on the particular local improvement district for which the advance has been made. CIVIL SERVICE The Board instructed the Attorney to handle the matter of the establishment of Civil Service for the District. RE UEST FOR CONNECTION TO SE'iERS - STRANDWOOD The Secretary was instructed to reply to the letter of January 13, 1950 from Messrs. Strand and Blackwood in which they requested sewer connection for the system installed in Strandwood Estates; the reply was to be to the effect that a petition from the majority of property owners be presented to the Board, the petition to clearly state that all costs of connecting line and any necessary work be assessed ag~inst the benefited properties. REIMBURSEMENT OF PETTY 'CASH FUND . It was moved by Member Cornwall, seconded by Member Smitten, and unanimously carried that the Board authorize reimbursement of the Petty Cash Fund in the amount of $49.44. AUTHORIZING THE SALE OF $30,000 PACHECO- HIGHWAY JUNCTION ANNEXATION BONDS OF 1948 Member Smitten, seconded by Member Cornwall, moved the adoption of Resolution No. 535: RESOLUTION NO. 535 IT IS HEREBY RESOLVED by the District Board of the Central Contra Costa Sanitary District that those bonds described in that certain Resolution No. 381 of this Board and remaining unsold, shall be sold by said District Board on the 9th day of February, 1950, the Distriot Board finding that additional funds are required. Said bonds to be issued and sold shall be numbered and shall mature and become pay- able as follows, to-wit: Bond Nos. Principal Maturity ( Inclusive) Amount Date 17 and 18 . 2,000 December 15, 1954 20 and 21 2,000 Deoember 15, 1955 23 and 24 2,000 December 15, 1956 26 and 27 2,000 December 15, 1957 29 and 30 2,000 December 15, 1958 33 and 34 2,000 December 1.5, 1959 37 and 38 2,000 DeC?ember 15, 1960 01 19 50 193 Bond Nos. Principal Maturity (Inclusive>. Amount Date 41 and 42 $2,000 December 15, 1961 45 and 46 2,000 December 15,1962 49 and 50 2,000 December 1.5, 1963 53 and.54 2,000 December 1.5, 1964 57 and.58 2,000 December 15, 196.5 61 and 62 2,000 December 15, 1966 65 and 66 2,000 December 15, 1967 69 and 70 2,000 December 15, 1968 and the Secretary of the District Board is hereby authorized and directe~ to cause notice of the sale to be published once in the "Walnut Creek Courier Journal" a newspaper of general circulation, printed and published in said District, and such notice shall be substantially in the following form, to-wit: OFFICIAL NOTICE OF SALE OF BONDS OF TERRITORY ANNEXED TO CENTRAL CONTRA COSTA SANITARY DISTRICT OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, BY RESOLUTION AND ORDER OF THE BOARD OF SUPERVISORS OF CONT~ COSTA COUNTY. ADOPTED JANUARY 19. 1948 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California, at the office of said Distriot, 1822 Mt. Diablo. Boulevard, City of Walnut Creek, Contra Costa County, California, on 9, February, 1950, at the hour of 11:00 o.olock A.M. (P.S.T.) for the purchase of $30,000 principal amount of bonds of the territory annexed to Central Contra Costa Sanitary District by resolution and order of the Board of Supervisors of Contra Costa County, adopted January 19, 1948, which said bonds are desig- nated ..Paoheco and Highway Junction Annexation Issue of 1948,.1 (being the remaining portion of an authorized issue of $70,000 principal amount of bonds) and more particularly described below: Whereof $40,000 have been sold November 4, 1948. ISSUE: $30,000, consisting of 30. bonds of the denomination of $1,000 each, all dated December 15,1948. . INTEREST RATE: Maximum five (.5) per cent, per annum, payable semi- annually on June 15 and December 15 in each year. Bidders must specify the rate of interest which the bonds hereby offered for sale shall bear. . Bidders will be permitted to bid different rates of interest and to split rates irrespective of the maturities of said bonds. The interest rate stated in the bid must be in a multiple of one-quarter of one per cent, per annum, payable semi-annually. MATURITIES: The bonds hereby offered for sale mature serially on December 15 in each year, as follows: Principal Maturities Amount -¡2,000 19.54 to 1968 (all years inclusive, and without option of prior redemption). PAYMENT: Both principal and interest payable in lawful money of the United States of America, at the office of the Treasurer of Contra Costa County, in the City of Martinez, California, ex- clusively from the Bond Fund Pacheco and Highway Junotion Annexation Issue of 1948 of Central Contra Costa Sanitary' District into which is to be deposited the proceeds of taxes limited to the taxable property of said annexed territory. REGISTRATION: Coupon bonds will be issued by the District. Such bonds are registerable only as to both principal and interest. 01 19 50 '194 PURPOSE OF ISSUE: Said $70,000 principal amount of bonds was auth- orized by two thirds vote of the qualified electors of said annexed territory at a special bond election held in said annexed territory for the purpose of raising money for the acquisition and construction of sewers, drains, and sewerage collection, outfall, treatment works and sanitary disposal system in the territory annexed to Central Contra Costa Sanitary District by resolution and order of the Board of Supervisors of Contra Costa County, adopted January 19, 1948. SECURITY: Said bonds are not obligations of Central Contra Costa Sanitary District, as such, but taxes for the payment of the principal of and interest on said bonds are limited to the property, subject to taxation by said District, situate within the territory annexed to said District by resolution and order of the Board of Supervisors of Contra Costa County adopted January 19, 1948; and the District Board of said District has power and is obligated to cause annual ad val- orem taxes to be levied upon all property, subject to taxa- tion by said District, in the territory annexed to said Distriot by said resolution and order, adopted January 19, 1948, for the payment of both principal of and interest on said bonds without limitation of rate or amount. TAX EXEMPT STATUS: In the event that prior to the delivery of the . bonds the income received by private holders from bonds of the same type and character shall be declared to be taxable under any Federal Income Tax Laws, either by the terms of such laws or by ruling of a Federal Income Tax authority or official which is followed by the Bureau of Internal Revenue, or by decision of any Federal Court, the successful bidder may, at his option, prior to the tender of said bonds by the District, be relieved.of his obligation under the contract to purchase the bonds, and in such case the deposit acoompany- ing his bid will be returned.' LEGAL OPINION: The legal opinion of Messrs. Orrick, Dahlquist, Neff and Herrington, of San Francisco, California, approving the validity of said bonds will be furnished to the success- ful bidder without charge. TERMS OF SALE HIGHEST BID: The bonds will be awarded to the highest and best .bidder considering the interest rate or rates specifioed and the premium offered, if any. The highest bid will be deter- mined by deducting the amount of the premium bid (if any) from the total amount of interest which the Distriot would be. required to pay from Deoember 15,1949, to the respective maturity dates at the coupon rate or rates specified in the bid, and the award will be made on the basis of the lowest net interest cost to the District. The lowest net interest cost shall be computed between the dates aforesaid according to standard bond interest tables. The purchaser must pay accrued interest from the date of the bonds to the date of del1very. The cost of printing the bonds wil1 be borne by the District. RIGHT OF REJECTION: The District reserves the right, in its dis- cretion, to reject any and all bids and to waive any irreg- ularity or informality in any bid. PROMPT AWARD: The District Board will take action awarding the bonds or rejecting all b1ds not later than 24 hours after the expiration of the time herein prescribed for the re- oeipt of proposals; provided, that the award may be made after the expiration of the specified time if the bidder shall not have given to the Board notice in writing of the withdrawal of such proposal. PROMPT DELIVERY: Delivery of said bonds will be made to the successful bidder at the office of the Treasurer of Contra Costa County, in Martinez, California, as soon as the bonds 01 19 50 195 can be prepared, which it is estimated will be March 15,1950. RIGHT OF CANCELLATION: The successful bidder shall have the right, at his option, to cancel the contract of purchase if the Dist- rict shall fail to tender the bonds for delivery on or before April 1, 19.50, and in such event the successful bidder shall ~e entitled to the return of the deposit accompanying his bid, FORM OF BID: All bids must be unconditional for not less than all of the bonds hereby offered for sale, and for not less than the par value thereof and accrued interest to date of delivery. .Such bids, together with bidder's check must be enc1òsed in a sealed envelope addressed to the District Board of Central Contra Costa Sanitary District of Contra Costa County and endorsed "Proposal for Pacheco and Highway Junction Annexation Issue of 1948 Bonds, to be issued by Central Contra Costa Sanitary District of Contra Costa County." .BID CHECK: With each bid must be submitted a certified check or cashier's check for $1,000, drawn on a bank or trust company authorized to transact business in the State of California, payable to the order of the Treasurer of Contra Costa County to secure the District from any loss resulting from the failure of the bidder to comply with the terms of his bid. In addition bidders are requested (but not required) to supply an estimate of the total net interest cost to the District on the basis of their respective bids, which shall be considered as informative only and not binding on either the bidder or the District. Checks of the unsuccessful bidders will be returned by the District by mail upon the award of the bonds. No interest will be paid upon the deposit made by any bidder. FINANCIAL STATÐ1ENT Further information relative to the financial condition of the Dist- rict will be furnished to any bidder upon request. There is no controversy or litigation pending or threatening con- . cerning the validity of the above issue, the corporate existence of the District, or the title of the officers to their respective offices. DATED: Isl H. M. Smitten, Secretary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of January, 1950, by the follow- ing oal1ed vote: January 19, 1950. AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members None Members None /s/ H. M. Smitten, Secretary Is/ R. E. Wadsworth, President of the District Board of Central Contra Costa Sanitary District. PAY}ŒNTS FOR EAS~iENTS - LID 4 It was moved by Member Cornwall, seconded by Member Johnson and unanimously carried that the Board authorize settlement for easement Parcel 81 in the amount of $45.00 to Len Fenton, et al; Parcel 82 in the amount of $105.00 to Stefano Prato, et ux; and Parcel 84 in the amoun~ of $90.00 to Mike Caponio, et ux. 01 19 50 196 WALNUT CREEK HEIGHTS AREA LOCAL IMPROVEMENT DISTRICT NO.9 After discussion of petitions for sewer service which were on file, the Board instructed the Engineer to make this local district the next order of business. . ADJOURNMENT The President adjourned the meeting to January 26, 1950 at 8:00 o.clock p.m. . ~ Secretary of the District Board of Central Contra Costa Sanitary District,. Cont ra Costa County, California. ú:~. ,,-,:~.' /. ~. V~r:.. '"--.Æ-:--.- '-..-" .~" President of the District Board of Central Contra Costa Sanitary District, Contra Costa County, California 01 19 ~O