1940-11571
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FRIIS SCHUTZ
ATTORNEYS AT LAW
402 -404 BANK OF AMERICA BLDG.
ANAHEIM, CALIFORNIA
TELEPHONE 3456
RESOLUTION NO. 1157
RESOLUTION RELATING TO REPORT ON SEWAGE
DISPOSAL PROBLEM AND APPROVING PORTIONS
OF SAME
THE COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE AS FOLLOWS:
WHEREAS, This City is a member of the Joint Outfall
Sewer agreement, under the terms of which there has been cons-
tructed a sanitary outfall sewer to serve the cities of Santa Ana,
Anaheim, Orange, Fullerton, and certain sanitary districts in
the County of Orange, and
WHEREAS, the facilities of such outfall sewer have
proven insufficient to comply with the requirements of the Board
of Health of the State of California, insofar as the present
equipment for treatment of raw sewage is concerned, and
WHEREAS, the said State Board of Health has caused an
investigation to be made and a report rendered, dated February 8,
1940, to the members of said agreement and to said State Board
of Health, which report has been accepted by said State Board of
Health and the recommendations contained therein have been approv:d
by said State Board, and
WHEREAS, said report makes certain recommendations to
the members of said agreement for correcting the conditions
wherein the disposal and treatment of sewage is insufficient;
NOW THEREFORE, the said report, a copy of which is on
file with the Clerk of this City Council, is hereby accepted and
ordered filed in the office of the City Clerk, and the recommen-
dations therein contained are concurred in, in principle, and,
to the following extent, concurred in by this board:
1 We concur that a single treatment plant for the
treatment of sewage from the Joint Outfall Sewer is the most
economical and efficient method of handling the problem.
2 We concur that the most feasible site for such plan
is upon the land now owned by the members and used for the
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FRIIS SCHUTZ
ATTORNEYS AT LAW
402 -404 BANK OF AMERICA BLDG.
ANAHEIM, CALIFORNIA
TELEPHONE 3456
pumping plant and settling basins.
3 That work on such plant should be commenced as
soon as practicable.
4 That such plant be constructed of a type which will
be most economical in cost of construction and operation and yet
give the necessary treatment required by the laws of the State
of California, and orders and regulations from the State Board
of Health.
5 That any plant constructed should take into con-
sideration the future needs of the territory now served as well
as other territory within the geographical area which will naturally
be served by the outfall sewer.
6 That in order to expedite the accomplishment of
the purposes herein set forth, that there be selected by the
several members of the Joint Outfall Agreement, a committee of
five members, consisting of the Mayor (or, if he fails or refuses
to act, then one member from the City Council) of each of the
four cities, and one member selected from the governing boards
of the several sanitary districts, jointly, which committee shall
immediately proceed with the task of obtaining data necessary to
determine the estimated cost and general plan of construction to
comply herewith. That such committee shall be known as the
Administrative Committee for the construction of the Treatment
Plant, and shall organize itself and hold meetings as it determin:s
necessary. That such committee is hereby given power and autho-
rity (insofar as this City is concerned) to expend for such
purpose, and obligate this city to the extent of fifteen and
three tenths (15.3) per cent thereof, the sum of $1,000.00.
That such general plan be resubmitted to this council for approva
and when so approved, shall constitute authorization to such
Administrative Committee to proceed with the details thereof,
within the estimated cost reported therein.
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FRIIS 8e SCHUTZ
ATTORNEYS AT LAW
402 -404 BANK OF AMERICA BLDG.
ANAHEIM. CALIFORNIA
TELEPHONE 3456
7 That when said Administrative Committee shall have
determined the general plan and estimated the cost thereof, and
the same is approved by this council, they shall be and are
hereby authorized in a ministerial and administrative capacity
to incur indebtedness and expend for the purposes of the acqui
sition of such a treatment plant of the type proposed thereby a
total sum not to exceed the amount of such estimated expense,
for which this city shall be obligated to the extend of 15.3%
thereof, and provided said expenditures do not exceed the ordinar
annual income and revenue as required by law in any one year.
That such expenditures be made over such a period of years as may
be necessary to comply with all laws governing the same. That
such committee shall have power to employ engineers, and technica
advisers, and the expense thereof shall be included within such
cost and expenditures.
8 That this Council hereby agrees to approve and orde
paid (to the extent of fifteen and three tenths (15.30) per cent
of the total) any indebtedness incurred by said Administrative
Committee for the purposes herein set forth and within the limits
set by such report on the general plan and estimated cost.
9 That the City of Santa Ana shall act, if it consentsi
as the Paying Agent for all such indebtedness, and when it receive
the necessary authority and money so to do, from the other members
of said agreement it will pay the total percentage of such indeb-
tedness out of a fund to be carried by Santa Ana for such purpose.
All such indebtedness shall be paid upon vouchers first approved,
audited and allowed by said Administrative Committee and signed
by three members thereof.
10 All members of said agreement contributing moneys
to the said special fund shall by such contribution and payment
and upon adopting resolutions similar in import to this resolu-
tion, thereby authorize and empower the City of Santa Ana to pay
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FRIIS SCHUTZ
ATTORNEYS AT LAW
402 -404 BANK OF AMERICA BLDG.
ANAHEIM, CALIFORNIA
TELEPHONE 3456
1 and the Administrative Committee to incur the indebtedness herein
2 provided for, within the limits herein specified. No further
3 ratification of any acts of the Administrative Committee will be
4 necessary to authorize the expenditure of the funds contributed
5 to the purpose.
6 11 It is not hereby intended to unlawfully delegate
7 any authority from the City Council or Governing Board of any
8 member of said agreement, but this resolution and the authority
9 hereby placed in the Administrative Committee shall be deemed to
10 be merely administrative in its character for the purposes of
11 carrying out the objects and purposes herein contemplated and for
12 the expediting of the completion thereof, and said Administrative
13 Committee, is to that extent hereby made an agent of the Governing
14 Board of the several members of said agreement.
15 PASSED AND ADOPTED by the City Council of the City of
16 Anaheim, this 20th day of February, 1940.
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18 Attes
19 II i L .1_
C OW lerk
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23 I, Charles E. Griffith, City Clerk of the City of
24 Anaheim, do hereby certify that the foregoing resolution was duly
25 and regularly passed and adopted by the City Countil of the City
26 of Anaheim at its adjourned meeting held on the 20th day of Feb
27 ruary, 1940, by the following vote, to —wit:
28 AYES, COUNCILMEN: Mann, Pearson, Yungbluth and Sheridan
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN:
Martenet, Jr.