HomeMy WebLinkAboutBOARD MINUTES 06-10-47
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MINUTES OF THE SPECIAL MEETING OF
THE SANITARY BOARD OF THE CENTRAL
CONTRA COSTA SANITARY DISTRICT HELD
JUNE 10.1947
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The Sanitary Board of the Central Contra Costa Sanitary
District convened in special session at its regular place of
meeting located in the Veteran's Memorial Building on the
Southeast corner of Locust and Mt. Diablo Boulevard, in the
City of Walnut Creek, County of Contra Costa, State of Calif-
ornia, on the 10th day of June, 1947, at the hour of 8:00
o'clock p.m.
The meeting was called to order by Lawson H. Weill, the
President of said Sanitary Board who announced that this was
the time and place fixed by law for the meeting of the Sanitary
Board of said District to publicly canvass the returns of the
Special Sanitary District Bond Election held on the 'rd day of
June, 1947, in said Sanitary District, this being the seventh
day after the said election.
The Secretary called the roll.
Those present and those absent were as follows:
Present:
Directors Johnson, Toland, Wadsworth and President
Weill.
Absent:
Director Tuttle.
CANVASS OF BALLOTS
Director Johnson moved that the Sanitary Board now proceed
to canvass the returns of the special Sanitary District bond
election held on the ;rd day of June, 1947.
Said motion was
seconded by Director Wadsworth, and on roll call resulted in
the following vote:
AYES: Directors Johnson, Toland, Wadsworth and President
Weill.
NOES: None.
ABSENT: Director Tuttle.
The Secretary declared the motion carried.
Whereupon it being shown to the Sanitary Board that the
said election had been held as nearly as practicable in accord-
ance with the general laws of the State except the requirements
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as to form o£ ballots as provided in the Health and S~tety
Code o£ the State of California, and that the ballots sealed
in an envelope and all other returns of said special Sanitary
District bond election have been delivered to and received by
the Secretary of this Sanitary Board from the nine (9) precincts
established by this Sanitary Board within the exterior boundaries
of said Sanitary District for the purpose of said election (and
polls were open in said precincts specified in the notice calling
said election); the Sanitary Board did then proceed to canvass
the returns of said election in the manner provided by law and
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such canvass was made in public and by opening the returns and
by assembling and counting the votes for and against the propo-
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sition voted upon at said special Sanitary DistrIct bond election,
(the Secretary reported to the Board that he had received 24
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applications £or absent votes, ballots from e~ctors residing
within said Sanitary District).
The Sanitary Board then pro-
ceeded to canvass the absent voters ballots.
The said canvass or the 'returns of said election having been
completed, the Sanitary Board thereupon declared the result of
said election to be as follows, to-wit:
!!!:
The whole number of votes cast in the Central Contra
Costa Sanitary District at said special Sanitary District bond
election held on June 3,1947, was ',02' votes.
2nd:
The proposition voted upon at said election was as
follows:
Shall the Central Contra Costa Sanitary
District, Contra Costa County incur a
bonded indebtedness in the sum of Tw.o
million £our hundred thousand dollars
($2,400,000) for the purpose of raising
money for the acquisition and construc-
tion of sewers, drains and sewerage
collection, outfall, treatment works
and sanitary disposal system?
'rd:
The number of votes cast for and against said proposi-
tion was as follows:
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] 1 0
REJECTED AND
BOND ELECTION TOTAL VOID BALLOTS
PRECINCT NO. BONDS-YES BONDS-NO VOTES CAST IN ADDITION
1 372 44 416
2 523 44 567
7 67 , 70
4 209 21 2;0
g '51 22 37;
288 " 321
7 222 25 247
8 '59 48 407
9 299 69 ,68
ABSEBTEE VOTE 2; 1 24
2,71; ;10 ;,02;
!!?h: The number of votes cast in said Sanitary District
for and against said proposition was as follows, to-wit:
As regards said proposition as above set forth, the number
of votes for said proposition was 2,71;.
The number of votes against said proposition was 310.
Fram the'foregoing it appears that two-thirds (2/;) of the
electors residing within the exterior boundaries of the Central
Contra Costa Sanitary District voting at such special Sanitary
District bond election voted in favor of issuing bonds as set
forth in the said proposition.
Director Johnson thereupon offered the following resolution
and order which was unanimously adopted:
RESOLUTION NO. 24
RESOLVED, .by the Sanitary Board of the Central Contra Costa
Sanitary District of Contra Costa County, State of California,
that
WHEREAS, pursuant to proceedings taken by the Sanitary
Board of the Central Contra Costa Sanitary District, an election
was held in the said District, on Tuesday, June " 1947, for the
purpose of submitting to the electors of said Central Contra
Costa Sanitary District the proposition of incurring a bonded
debt by said District to the amount of Two million four hundred
thousand ($2,400,000) dollars for the acquisition and construc-
tion of sewers, drains and sewerage collection, outfall, treat-
ment works and sanitary disposal system, which election was
noticed, called, held and conducted all in the time, form and
manner required by law, and the resolutions, orders and pro-
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ceedings taken by said District; and
WHEREAS, the Sanitary Board of said District met at its
usual place of meeting at the time provided bylaw to canvass
the returns of said election and to determine and declare the
result thereot, and having completed the canvass ot said returns;
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
DECLARED as follows:
1.
That said election was duly and regularly held and
conducted, and the votes cast thereat received and cBÐvassed,
and the returns there of made in time, form and manner required
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by law;
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2.
That the whole number of votes cast in saId District
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at said election was 2,999.
;. That the following propos~tionwas voted upon at said
election and that the number of votes given in said District
for and against said proposition were as follows:
Total Vote
"YES"
Total Vote
"NO"
2,690
:309
PROPOSITION: Shall the Central Contra Costa Sanitary District,
Contra Costa County, incur a bonded indebtedness
in the sum of Two million four hundred thousand dollars
($2,400,000) for the purpose of raising money for the acquisition
and construction of sewers, drains and sewerage collection, out-
fall, treatment works and sanitary disposal system?
4.
That there were nine (9) voting precincts established
in said District by the Sanitary Board thereof for the purpose
of holding said election, and that the number of votes cast in
each precinct for and against said proposition was as follows:
Votes for said Votes against
Precinct proposition said proposition
CONSOLIDATED PRECINCT NO.1 '72 44
CONSOLIDATED PRECINCT NO.2 52' 44
CONSOLIDATED PRECINCT NO~ , 67 ,
CONSOLIDATED PRECINCT NO.4 209 21
CONSOLIDATED PRECINCT NO. g '51 22
CONSOLIDATED PRECINCT NO. 288 "
CONSOLIDATED PRECINCT NO.7 222 25
CONSOLIDATED PRECINCT NO.8 '59 48
CONSOLIDATED PRECINCT NO.9 299 69
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5.
That all absent voters' ballots have been duly re-
ceived and canvassed in time, form and manner as required by
law, and the result of the absentee vote for and against said
proposition submitted at said election is as follows:
ABSENTEE VOTE
Absentee applications filed
Ballot 8 re turned (t ot al vo te
Votes rejected (ineligible
Spoiled ballots
Bal~ots counted (reftUlar)
Absentee Votes "YES
Absentee Votes "NO"
Total absentee vote
cast)
'1
27
3
24
23
1
24
That the total number of votes cast at such election for
and against said proposition voted upon at said election, in-
cluding the foregoing absentee votes, was as follows:
Total Vote For:
Total Vote Against:.
2,713
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6.
That at said election more than two-thirds of the
votes cast thereat were in favor of and authorized the incurring
of a bonded debt for the purpose set forth in the proposition
herein stated, that said proposition has been accepted and
approved by the electors of said Central Contra Costa Sanitary
Di striot, and that bonds will be issued to defray the cost of
the improvements heretofore specified and to the amounts
stated therein.
Lawson H, Weill
President of the ~anitary Board of
Central Contra Costa Sanitary
Distriot
ATTEST:
G. S. Cutler
Secretary of the ~anitary Board
of Central Contra Costa Sanitary
District.
I, the undersigned, he reby certify that the foregoing
resolution was duly and regularly aaopted at a Special meeting
of the Sanitary Board of the Central Contra Costa Sanitary
District held June 10,1947, by the. following vote:
AYES, and in .favor thereof: Directors Johnson, Toland,
Wadsworth and President Weill.
NOES:
None
ABSENT:
Director Tuttle.
~s/ G. S. Cutler
Seore ary o.f the Sanitary Board
APPROVED:
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RIGHTS OF WAY TITLE SEARCH
Mr. Mason advised the Sanitary Board that the descriptions
were ready on rights-or-way from Walnut Creek to the disposal
plant.
Mr. Brailsford suggested the Board appoint a title company
to make title search on rights-of-way.
Mr. Toland was requested
to find a real estate man in the district to appraise the values
of the rights-of-way.
Director Wadsworth made a motion, seconded by Director
Toland, that the Board authorize the Richmond Martinez Abstract
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and Title Company to search titles for rights-of-way for the
trunk line sewer in Section No.1, extending from the disposal
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plant to the junction south of Walnut Creek, and for the treat-
ment plant property required from the Hooper Company.
carried by the following vote:
The motion
AYES: Directors Johnson, Toland, Wadsworth and President
Weill.
NOES: None
ABSENT: Director Tuttle
NEGOTIATION FOR HOOPER PROPERTY
The discussion arose regarding having Coldwell and Banker
Company negotiate further for the Hooper property.
Director
Johnson was of the opinion that they had closed negotiations
by their failure to come to terms with the Hooper Company, and
therefore the Board was now entitled to deal direct with the
Hooper Company.
MONTHLY BILLS
The fo~low1ng bills were presented:
Va, I$i- l~fElection Expense (Inspectors, Judges)
'S'1 G. S. Cutler - Ele ctlon incidentals
1"(0 W. M. McNeil - Hauling Election supplies
I'll Walnut Kernel - AdvertisIng & Printing
"1..Clyd.e C. Kennedy - Engineering Svc.
'3l0~OO.,.
l2~6o,¡.
49.00~
l19.01'"
4,601.9'"
Motion was made by Director JOhnson, seconded by Director
Toland that the bills be paid, and carried unanimously.
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BUDGET FOR FISCAL YEAR 1947-1948
Motion was made by Director Johnson, seconded by Director
Wadsworth that the Board adopt the budget in the amount of
$56,000, as presented. Carried by the following vote:
AYES:
Directors Johnson, Toland, Wadsworth and President
Weill.
NOES:
None
ABSENT:
Director Tuttle
RESOLUTION NO. 25
WHEREAS, the Sanitary Board of the Central Contra Costa
Sanitary District has heretofore by resolution election to avail
itself of the assessment made by the Assessor of the County of
Contra Costa and adopted such assessment as a basis of District
taxation,
NOW THEREFORE, BE IT RESOLVED that $56,000 is estimated
as the sum needed for running expenses of the Central Contra
Costa Sanitary District for the fiscal year of 1947 - 1948,
BE IT FURTHER RESOLVED, that Forty (40~) cents on each
One Hundred and OO/lOOths ($lOO.Oq) Dollars of assessed valua-
tion of taxable property in the District be levied to raise
said sum; and the proceeds of such levy be paid into the
running expense fund of the Central Contra Costa Sanitary
District.
CERTIFICATION OF TAX LEVY
HONORABLE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
MARTINEZ, CALIFORNIA
Gentlemen:
This is to certify that the Sanitary Board of the Central
Contra Costa Sanitary Disttict has determined that the sum of
FiftY-Six Thousand ($56,ooo) Dollars, is needed for running ex-
penses 'of the Sanitary District for the fiscal year of 1947 -
1948.
"The rate of "taxation is fixed at Forty'(40~} cents on
each One Hundred ($100.00) Dollars of assessed valuation of
taxable property within the District.
(SEAL)
COUNTERSIGNED:
Sanitary Board of Central Contra
Costa Sanitary District
By Lawson H. Weill
Lawson H. Weill, President
G. S. Cutler
G. S. Cutler, Secretary
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Adoption of Resolution No. 25 was moved by Director
Johnson, seconded by Director Toland, and carried by the
following vote:
AYES:
Directors Johnson, Toland, Wadsworth and
President Weill
NOES:
ABSENT:
None
Director Tuttle
FINANCIAL ADVISOR
Director Johnson brought up the desirability of employing
further financial advice to prepare a prospectus for presentation
of the bonds.
He suggested that Mr. Youngberg of the firm of
Stone and Youngberg was willing to prepare a brochure as part of
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his duties under the contract which he entered into, and the
Board should accept this service to the exclusion of anyone
further.
President Weill appointed Mr. Brailsford to contact
Mr. Youngberg to request this service.
OFFICE EQUIPMENT
Mr. Mason presented a tentative list of required equipment
and office furniture in the amount of $2,340.
Director Johnson
moved, seconded by Director Wadsworth that Mr. Mason be authorized
to purchase the necessary items. Carried by the following vote:
AYES:
Directors Johnson, Toland, Wadsworth and President
Weill
NOES:
None
ABSENT: Director Tuttle
MORAGA-RHEEM CONTRACT
Mr. Brailsford suggested that the President and Secretary
be authorized and instructed to notify the Contra Costa Title
Company that the conditions of the Moraga-Rheem comtract have
been fulfilled and request that they pay to the Sanitary District
the sum of $123,175, being the first installment due under the
contract.
Motion was made by Director Toland, seconded by Director
Johnson, and carried by the following vote:
AYES:
Directors Johnson, Toland, Wadsworth and President
Weill
NO ES :
None
4BSENT: Director Tuttle
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The following resolution was presented by Director
Johnson, seconded by Director Wadsworth.
RESOLUTION NO. 26
BE IT RESOLVED, that the regular meeting date of the
Sanitary Board of the Central Contra Costa Sanitary District
of Contra Costa County of the State of California, be and
the same is hereby established as the second Thursday of
each month at the hour of 8:00 o'clock p.m., in the office
building at 1335 Commercial Lane.
ADOPTED by the Sanitary Board of Central Contra Costa
Sanitary District on the lOth day of June, 1947 by the
following called vote:
AYES: Directors Johnson, Tolancl, Wadsworth and
President Weill.
NOES: None
ABSENT: Director Tuttle
STATEMENT OF POLICY ON FUTURE ANNEXATIONS
Discussion of issuing a statement of policy on future
annexations was held over for further study.
WAIVING OF June 12 MEETING
The meeting of June 12 was waived, making the next
meeting the second Thursday in July - July 10, 1947.
The following resolution waS presented by Director
Johnson, seconded by Director Wadsworth:
RESOLUTION NO. 27
WHEREAS, on June 3, 1947 an election was held in the
Central Contra Costa Sanitary District, which election auth-
orized the issuance of Two Million Four Hundred Thousand and
OO/lOOths ($2,400,000) Dollars aggregate principal amount of
bonds of said District; and,
WHEREAS, the provisions of the Health and Safety Code
under which said District is organized provides a method for
determining the right of the Sanitary Board of said District
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to issue such bonds and the validity of such bonds, which
provision, in the opinion of the Sanitary Board of said
District, should be invoked without further delay;
NOW THEREFORE, BE IT RESOLVED, that W. H. Brailsford,
Jr., the attorney of said District be and he is hereby auth-
orized and directed to commence, in the Superior Court of
the State of California in and for the County of Contra Costa,
a special proceeding to determine the right of said Sanitary
Board of said District to issue such bonds and to determine
the validity of said Two Million Four Hundred Thousand and
OO/lOOths ($2,400,000) Dollars, aggregate principal amount
of said bonds authorized at said election held on the 3rd day
of June, 1947.
(SEAL)
ATTEST:
/s/ Lawson H. Weill
President of the Sanitary Board of the
Central Contra Costa Sanitary Distridt
/s/ G. S. Cutler
Secretary of the Sanitary Board of the
Central Contra Costa Sanitary District
CERTIFICATE
I, the undersigned, hereby certify that the foregoing
resolution was duly and regularly adopted at a special
meeting of the Sanitary Board of the Central Contra Costa
Sanitary District held June 10, 1947 by the following vote:
AYES: Directors Johnson, Toland, Wadsworth and
President Weill
NOES: None
ABSENT: Director Tuttle
(SEAL)
/s/ G. S. Cutler
Secretary of the Sanitary Board of the
Central Contra Costa Sanitary District
The following resolution was presented by Director Toland,
seconded by' Director Johnson:
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RESOLUTION NO. 28
WHEREAS, ANNIE LOUCKS for and in consideration of the
sum of Eight Hundred Sixty and OO/lOOths ($860.00) Dollars,
has executed an option dated June 6,1947, to the Central
Contra Costa Sanitary District to purchase for the sum of
Twenty One Thousand Five Hundred Thirty Four and OO/lOOth
($21,534.00) Dollars, cash all that certain parcel of real
property situated in the County of Contra Costa, State of
California, described as follows:
A portion of the Rancho Las Juntas, County of Contra
Costa, State of California, containing 53.835 acres,
more or less, described as follows:
Beginning at the point of intersection of the Easterly
line of that certain 212.30 acre parcel of land, described
in the deed to Annie Loucks, dated January 9, 1913, and
recorded January 18, 1913, in Book 197 of Deeds, page 31,
with the Northerly line of that certain 6.926 more or
less acre parcel, described in the deed from Annie Loucks
to the State of California, dated September 7,1938 and
recorded October 10,1938, in Book 467 of Official
Records, page 90, thence from said point of beginning
along the northerly line of said State of Californiß
6.926 more or less acre parcel (467 OR 90) South 66 42'
West 2492.48 feet more or less to a point on the Easterly
line of that certain 20.01 acre more or less parcel of
land as described in the deed from C. A. Brown, a widower,
to W. S. Edmeades, dated October 6,1938, recorded October
26, 1938 in Volume 479 of Official Records, at page 415,
records of Contra Costa County, thence along said Easterly
line of Edmeades (479 OR 415) North 30 34' East 336.54
feet to the Northeast corner of said Edmeades parcel
(479 OR 415), thence along a direct extension Easterly
of the Ngrtherly line of said Edmeades parcel (479 OR 415)
North 85 10' Ee-st 191.38 feet, thence leaving said ex-
tenQion North 0 28' West 1340.648 feet to the Northerly
line of said 212.30 acre parcel (197 D 31) thence South
890 27' 30n East along said Northerly line 1774.4'0 feet
to the, Easterly line of said Loucks' 212.30 acre parcel
(197 D 31) thence along said Easterly line South 210 15'
East 101.64 feet South 280 10' East 229.02 feet South 400
57' East 107.52 feet, and South 170 33' 30" East 327.37
feet to the point of beginning.
RESERVING AND EXCEPTING THEREFROM to the said Annie
Loucks, her heirs, executors and assigns, all of the
rights of the said Annie Loucks, her heirs, executors and
assigns, to a perpetual water supply for watering live-
stock and for domestic use for one household, from the
water main now situated on the premises hereinabove des-
cribed, and to maintain a one inch water pipe line at its
present existing location running from said water main in
a southerly direction across the lands hereinabove des-
cribed to the State Highway and to the lands of the said
Annie Loucks, all as provided for in the deed' executed by
the said Annie Loucks to Port Costa Water Company, a
corporation, dated September 20, 1910, recorded January 9,
1911, in Volume 161 of Deeds, at page 237, Contra Costa
County Recorder's office.
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SUBJECT TO:
1. The rights and easements granted to Port Costa
Water Company, a corporation, by the deed executed by
the said Annie Loucks, dated September 20,1910, rec-
orded January 9, 1911, in Volume 161 of Deeds, at page
237, Contra Costa County Recorder's office.
2. Conditions as to access to State Highway contained
in the deed executed by Annie Loucks to the State of
California, dated September 7, 1938, recorded October 10,
1938, in Volume 467 of Official Record~, at page 90,
Contra Costa County Recorder's Office.
3. The rights of John A. DeMartini, a tenant in poss-
ession under an unrecorded lease of the hereinabove des-
cribed lands of the said Annie Loucks, including the
hereinabove described parcel of real property, the term
of which lease will expire on the 30th day of September,
1947, reserving to the said Annie Loucks all rentals
under said lease.
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NOW THEREFORE, BE IT RESOLVED that said option be and
the same is hereby accepted and the Recorder of the County
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of Contra Costa be, and he is hereby authorized and directed
to record said option.
Passed and adopted this lOth day of June, 1947, by the
following vote:
AYES: Directors Johnson, Toland, Wadsworth and
President Weill
NOES: None
ABSENT: Director Tuttle
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President of the Sanitary Board of the
Central Contra Costa Sanitary District
COUNTERSIGN
There being no further business, it was moved by Director
Wadsworth, seconded by Director Johnson that the Board adjourn
to July 10,1947.
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LAWSON H. WEILL, President of
the Sanitary Board of Central
Contra Costa Sanitary District
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