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HomeMy WebLinkAbout19370510_REGULARNinutss of the regular meeting of the Counc fl of the Village of Xdina, held on May 10, 1937, in Grad& Hall a2r 8 pdll, 9 The hour of 8 o'clock FBa: having arrived, the meeting was called to order by Recorder Moore pending the arrival of President Sharp, who arrived during the reading of the minutes of the April 26, 1937, meetings andzwswried the chairmanship of the me.eting* A11 members sf the Council we re pre ao nt . The minutes having Men read of the April 26th. regular meeting and the resmed meeting on By 3, 1957, it was moved by Holten, that the minutes be approved aB read, subject to 8 supplenentary resolution establishing maturies and poasibls other changes required by purchraaers of Sewer Distri~f No.3, tmrran.f;e, SecQnded by Preoscott and carried. Bids far the sale and/or qy?chaije Q$ District N03, *Sever 1%~- wants, next came before the Council and the Joint bid of Thralf.- 8st Company and Allison-Williams Company, %7as readS accoanpanied by certified check to the Villa@ of Edina, in 8motPnt $1,800.Q09 and offering to purehas@ tg par and 5p interestgall aa per the legal advart$ssment in Eiennepin County Review on April 29, 1937. After discussion ?qy the Counci%, Village Attorney Strong and Mr Sirninton of Thrall Wti~t Company, it tms noVad 'by Moore %ha% the $bin% bid of Thrall %bs% Company and A3Xiison-Vilbiam.rns Cs- xnpany, dated By EO, 1937, be accepted and the President and Recorder of the Valllage.C:auncKl. be authorhed and empowered to aien- and execute the necessary papem, warrants and coupons to propsrly complete. the transaction, seconded by Ti-%lXson and . carried without dissenting vote andl so ordered., C, 3. Billings, presented a legal plat by J* Bo Hill, ~f Minnehaha 'Croods Addition, lying Sol;l%h of 1,7;'2sZI 54th Street and TBst of TJinnehahe Creek accompanied by letter ox' B.HoBra,dley, Village Engineer, recommending acceptance and appros.;zl of tvre pant. mereupon it was moved by qrescott, that the plat of Minnehaha Voods, by J. 3. EKLX,% be accepted and the PTGsfdt?nt and Recorder b8 au'chsrized and emgowered to sign upon the cor- rectfton of any typographical errqr, seconded .by Holten & harried, George Fayne, appeared before the Council in the matter of being licensed $8 haul and transpare garbage in the Village. After dincussfsn he ms referre& t~ Village Hes,l%h Officer Dr Cazripbell far his ~ec~rm?ndet%ctn~ The petition by V. Je Allison and @n N. Coffnsn, presented, at the April 26, 1937, meeefng sf the Council, for the vadation of all the balance of Bridge Street, 3ast of Arden Avenue, again came before the Council and wherein it was moved by- Hslten, that the Recorder be authorized to publish t%o'clca of Elearing" notics in the official publication of the Village to be held at bext regular meeting of the Council on May 24, X937 seconded by Prescstt;, and carried, Petition for sanitary sem~ by residents of fndfanola Avenue, was received and IWS on motion ltdoore, be accepted, and rejBrred by Preacsft and carried. Harry Hanssn, suggested that certain road grading be done on the streeta of ??arden Acres, whioh tvar~ referred to the Road and 3rBdge .C orrunittee . Nr XGCW~~, of the Roshalt Company, again appeared before the ~ouncfl offering to either selx or lease z: model #35 tt\%mcott road patrol for Village USEL After much discussion, lt TJ&~ maw& by Holten, that the Village enter into a, lease agreement vi.;;3.,;&&e T. Be RosholL Company, for 1 model 35 Warcof~ grader carnplete and having 48 x: 8 dual rem tires, 32 x 6 front tirea a18ctric starter, generator, batte.ry, marffier, a, 3 wan glaee enclosed steel cab mounted, hot water heater a,nd lock differ- entiel on a rental basis of S,lQl*o~ pes: month for 18 mefitha, Which ifkhtf@fact6-ry, no further payments will be requfredt and-- bflf of mlt? Wfll be gfmn the Village after 18 months rental t . to Burlingam, Hitchcock and EEfstabroak, for report, seconded I I has ’been paid, and that tke President and Recorder is hereby directed to aign the necessary papsrs, seconded by PrescGtt and cRrried. Er A. C. Stringer, mmber of the School Board of Independent School District #17, SEAS present to advise that 1% Percy on behalf of the heirfl of Andrew Crs&, that full release of any and a11 claims to the mat acre of land heretofore occupied by the old Edina School, and a8 set forth fn %he deed by said Andrew Craile to School District #17, would le given upon pay- liient of $1,000. The Council vas further ad-vised that the School Board :muld Is willing to deed the East acre of land, ovdd outri’ght by th3 School District and Tying East of the Craik acre, to the Village upon paymnt of one dollar and mould include a21 the old lumber salvaged from the old school build- ing provided ,-‘the Village Council would deed to the School -Board, the triangular pied@ of PEind Ik$n&%ke castesly end of the Wld Nil1 Tract” lying East of the materly line of the gresent school property and between Wst 50th Street and the school property on *-e North. The Council “IE~B pleased to receive such it goad report by ?Zr Stringer and left with him tQe matter of arranging further details. Application vas received from Ninneapolis Gas Light Conpany, for permission to install a ga8 main in and along flooddale %IS, which on motion Holten be granted, seconded by’lfoore and carried. Application ms received from the Country Club District Service Compaay, by Oscar Gaarden, Prenident, requesting sn addition to the area in vhich a franchise had been granted said Service Company, as granted by that certain ordinance dated-,/3aS1923, to om and oporats a water system in the Village of Edina, vhereupon it vas moved by \7ilbson thaL the sSid water Cranchiae grantsd the Country C1u.b Distxict SBrvice Company be amended to include the folloning descrfbed territory ThC North one ha&f (El) of Section 19* Township 28, Fang0 .24 Pas%. Aurlitorta SundivlsSon #172 of the Village of Edina, Section 28, Tomship 28, Range 24 Test. the motion to adopt was seconded by Recorder Moore and the wherein there vere five ayes and no nays and so the motion vas duly declared carrud, . vote vas upon the question of the adoption of the motion President of Council. P The Road .and Village bills upon being duly examined an3 found correct, were on motion Erescott, be allowed and ordered paid, seconded by Holton and carried, ,* . Earl C. Sliarpe President May Q 3x00 J. J. Duggan Treasurer 25;00 Ben B, Moore ~ Recorder (1 75.00 George A, %5.llson Trustee I9 2S;OO Clarence 0. Holten Trustee (1 25230 25.00 C. F. Prascott Trustee Dr. L. NI. Campbell Villx3.g~ Realth Officer 25.00 H. J; Kmdson st. corn, 1*3;00 S, J. Robsrts. Utility Man . 120 .oo P, Dohlgren Tracto r Qp erato r 99 ;00 L. Stolgman Asst. Rd. Foreman 9 2.00 Asst* Rd. Foroman 92;OO John Tracy H, Eusley Road labor , 73.80 A, C. Stringer- Road Q Bridge . 15.00 0. &I, Spoude. Park Labor 69 .oo J. H. Snovely ?ark Labor 8.00 T. E. Tilly Village Marshall 140 . 08 Hi1 ding Dalzl Police Officer 110 .oo V. S. Heydt Eolice Officer 120.00 Victor Anderson Road Labor A 40 50 II .. Total Road and Village $1,354.30 The PiAiscellaneous bills upon being duly examined and found correct, were on motion Prescott, they be allowed and ordered paid, seconded by Willson and carried, Alex Creighton Virginia Dut clier Thorpe Bros. E,. W. Harris ' Mpl3. G, E, Co. Lyle Culvekt 6 Pipe Co. H, A. Rogers Go. City of MinneapGlis Haydsn Notor Co. _. Williamson Stamp Go. Edina Garage Ralph E, Vlhite Simon Strand ISCiller-Davis Cos Dohlberg Bros, Inc. Republic Creo soting Go. W. H, Ziegler Chas. Olson 6 Sons Wooddale Grocery W. F. Garvey Unde Products Co. Idageto Service Cos Edina Hardware Arthur Peterson Total Bldg. In spe ctor' St en0 graphi c Vo rk Tract Office Reat Gas'& Oil Dec. Street Lighting Multi-plate Culvert Blue Prints Fire Dept. Service Police Gar Service Police Badges' Police Car Service Repairs to car Tool Shed Rent Office Supplies Cat e rpillar Repair E Road Patch Tractor parts Tar Kettle Hitch Gas for Trac-bors Ro ad Supplies Gas Magneto Repai rs Ro ad Supplie s Garbage co lle cti-o n hl$. sc e 11 an eo u B s 80.22 4.50 12;50 78; 54 546.32 247; 00 1; 84 22;04 33; 0.1 16;OO 18; 65 11. 25 15.00 7.50 2*00 17,03 26.98 11.50 38.58 13.46 7.76 16.33 $1,444.73 38.72 A 180 ' 00 I, 1"JDESCENT STWT LIGHTLNG CONTRACT THIS AGREELENT, ?&de and entered into thio day of A, Do 193'7, by and betnesn 'Ell3 ZIlNE2LPOLIS GENEXAL EGCTRIC COLE'ANY, a Ne~r Jersey corpora.tion (hereinafter called the Wornpanytt), party of the first part, and the VILLAGE of EDIMA, a municipal corporation, of Hennepin County, in ths Stzta of Tlinnesofa (hereinafter called the IfGustomert') , party o f the second part, fllmSSETH: That the parties hereto, in consideration of the mtual. covenanto herein contained, do hereby mutually promise mid agreo as follows: . 1. The Company agrees to furnish, unless prevented by Federal, StaJce or fAmi.cipal interference, strikes, labor troubles, fires, injunctions, Acts of Providence, or other causes beyond ita control, and the Customer agreer; to accept and pay for, for a period of Three (3) Years, beginning on the day of 19 37, il1u;nination produced by electric incandescent lamps supported from poles, by means of mast arms of othervLse, in the Village of Edina, Mnneaota as nov loca-LBd, being not less "can: 1 - 1000 Cnndleporrer (9850 Initial Lumn) Lamps 23 - 540 Candlepomer (5400 Xnitial Lumen) Laqs 2 - 335 Candlepower (3340 Initid. Lumen) Laps 71 - 235 Candlepower (2325 Initial Lumen) Lampr; I - 140 Candlepover (1380 Initial Lumen) Lamps 2, The Company acreas to funish said illuaination from apgroximately one-half hour after sunset until one-half hour before sunrise, every ni&t during the duration of thLs ageemont. I 3. The Customer agrees to gay for s&.d illuhination in equal monthly installmonts, before the end of the month follo\.ring that for ~7hich bill is rendered, at the follorxing rates: * 1000 Cwdlepover Larqs 0 $55.00 per lamp per year 540 Candlepover Laps 0 45.00 per Lmp per Year 385 Candleporsrer Lamps Q 35.00 per Lamp per Year 235 cmdleparier Lmps Q 30.00 per Lamp per Year 140 Candlepover hnps 0 25;s per Lamp per Year 4. If illumination of any lamp is interrupted due to accidents, and said illumination is not resumed vithin tmenty- four { 24) hours from the time the Company received notice thereof from the customer, one-thirtieth ( 1/30) of the monthly compensation herein specifiod for such lamp shall be dediicted for each ni@t of non- illuniinati o n, 5. Upon expiration of the period provided in paragraph on8 (1) , this agrement shall continue from llionth to month until tednated by thirty (30) days' piritten notice given by either party to the other of its intention to terminate thi.s agreement. 60 hereof are hereby made EL part of this agreement. IN TiXTNESS THEREOF, the respective parties hereto have caused this dgresmen-t to be executed by their proper officers thereunto duly authorized, and their renpective corporate seals to be hereunto affixed, and the ome shall be equally binding upon the respective parties, and each of their succassors and assigns. 'JITIiESS W EIINtEAPOLIS GENl3fwL EBCTRIC C03PANY Tne terms and conditions printed on the reverse side BY It 2; And VILLAGE OF EMNA - As to coapany Its BY As to Customsr Attest a 273 TERMS AND CONDITIONS FSPERE3S) TO AND &SADE A PART OF 'I3IS AGREEbZNT 1. The Company will install such additional lamps as may be requested in writing and duly authorized by the Customer from time to time during the continuance of this contract, upon the 3amo rates, terms, and conditions as are provided for herein, if in the ;judgment of the Company the revenue to be derived therefrom will be sufficient to render to the Gompany a reasonable return of the investment. herein specified by giving written notice to the Company and paying for the srme in accordance with tho rates, terms and condition0 of thi6 agreement, tamer desires by papent to the Company of the cost incurred in mak- ing such change. 4. laws by other lwc;, from time to time, an it may deem necessary or desirable, provided, however, that any and all lamps substituted shall give not Leos than the elfumination contracted for. If bills are not paid dnen and as herein provided, the Company shall have the right to cease furnishing said illumination and Customer's liability hereunder shall not be avoided nor any right of the Company hereunder rtaived by said acts of the Customer and the Company. It is understood and agreed that all the machinery, poles, wires, larrips, fixtures, apparatus and other zaterial used bjF tho Conipany in carrying out this agreement shall be and remain the property of the Company and that the Company -shall have and is hereby given the right and privilege to install the same on public streets and alleys sad .to remove the same upon the expiration of this agrement, date hereof, this agreement hereby cancels, annule and fednates the agreemont dated October 1, 1928, and any understandings, liabilities . and undertakings of each party unto the otherarising therefrom, except as to any unsaid bills for electric service owing by the Customer to the 2. The Customer mzy increase the size of any of the lamps 3, The loaation of laqs may be changed at any time Gus- The Company shall have the right to replace any of said 5, 6. 7. &t is rnutu.ally covenanted and agreed that, on the effective c onpany. 8. The rates quoted on the reverse hereof for 1000 Candlepower and 540 Candlepover lamps are the same as are now effective in thc City of Idinneapolis and any changes in said rates in the City of Minneapolis for mid 1000 Candlepower 1mps and 540 Candlepovmr lmps shall ba effec- tive under this contract. , b 274 I RESOLVBD, that tke Village Council of the VILLACZ OF EDIlJA, Hsnnepin Coun+y, Hinnesota, hereby accepts tho of fer ination for street lighting produced by: 1 - 1000 Candleparer (9850 Initial-Lumen) as 23 - 540 GandlQpOViW (5400 Initial Lumen) Lqs 2 - 335 Candlepoxer (3340 Initial'Lumen) Lamps '71 - 235 Candlepower (2325 Tniti.61 Lumen) Lsuapo 1 - 140 Candlepo~~er (1380 Initial Lumen) Lamps all located in the Village of Edina and hereby approves all rates, terns,. conditions and specifications contained in the proposed contract, made a part of the offer of said Comyany, and said President of +he V511age Council, and Recorder of said Vilkge are hereby authorized and directed -bo execute the aforesaid contract for and in behalf and in the name of the Village and to affix the Village seal thereto. . Adopted by the Council 9 19__10. PTesident of Council ! THIS AGREEli", Ifado and entered into thia day sented by the Company, before the end of the month following that 8or shich bill is renderad, at the follosJing rate: 839,OO for each.ornamental street lamp post per year. 4. If bills are not paid if and as above provided, the Company shall hzve the rig$% to cease to furnish said illumination and the Consumer's liability hereunder 8hall not be avoided nor any of MINNEAPOLIS GENERAL ELECTRIC COMPANY, a Nev Jersey corporation, I A,D, 19-, by and between THE: party of the first part, (hereinafter called tha "Gorapany"), and the VILLAGE OF EDINA, a municipal corporation of Aennepin County, Stct.te of Uinnesota, party of the second part (hereinafter called the ftCor,sumezR*t) , -. YKT"H: That the parties hereto, in consideration of the mutual covenants herein contained, do hereby niutually promise and agree as follows: 1. The Company agrees to furnish and the Consumer agrees to accept and pay for, for a period of three (3) years begini4.ng on the - day of , 19 , illumination produced by forty-sovsn (4'7) Ornawlental Street Lamps, each equipped with one (1) 335 Candlepower (200 rmtt) electric lamp, eaid Ornamental Street Lampposts being located in the Village of Edina in theplacers ahoim on a sketch hersto attached, marked "Exhibit "A" and made a part hereof, In furnishing said bllumination the Company agrees to provide all lamp and glassware renewals, clean the glassware at least six times per year, light and extinguish all lampc, p& said ltlmp- <I posts once EL year, and keep said 1mp-posts, cables and all appurten- -5 ances thereto in a safe and workable condition. . 2. The.Compnny agrees to furnish said illtaminat+on from approximately one-half hour. after sunset until one-half hour before sunrise ezch night during the duration of this Agreement. 3, The Consumer agrees to pay for skid illumination in equal monthly instalments upon and in accordance with the bills pre- right of the Company herattnder svaived by said acts of the Consumer and the Coupany. 5. 2f said monthly inotdlnients are not paid promptly, 80 herein provided, they shall bear interest at the rate of six (6) per cent per annum from and after the dgte upon vhich the oaid instdments __ 'become due, L 6. Xf the illumination of any;lmp is interrupted due to accidents, and said illuminatian is not resmed rrithin twenty-four (24) hours fronthe time the Compalzy receives notice thereof from the Constmar, ane-fhirtie%h (1/3O) of the monthly compensation herein speci- fied for such lamp &all. be deducted for each night of non-illumination. 7. Tho Company shall have the:ri&t to replace any of soid lamps by other lamps, from time to tirrie, as it may deem necessary or desirable, provided, however, th& any and all lampa substituted &dl give not loss than the illumination contracted for. 8, It io understood and agreed that all the posts, rLres cablefi, laps, glasovmre, fixtures, apparatus and other material used by the Gorrpany in carrying out this Agreement shall be and remain the property of the Company, and that the Company shall have and is hereby given the right and privilege to install and maintain the same on the I public fitreeto and to remove the same upon the expiration of this Agreement . 9. In the event the Conpeny is prevented from perfornsing this Agreement, wholly or in part, by reason of any cause not reason- ably within its control, including fire, explosion, flood, strike or . unavoidable accident, Federal, Stcte or Eunicipal interference, the . Company( except in the event of a practically total destruction of ito property or a practically total suspension of its busineos) will proceed nith all reasonable diligence to put itself and its works in condition to resune and con%inue the supply of electric energy and the performance. of this Agreemento hiring the existence of such fnterrup- tion or cesnafion, the Company will furnish 30 much electric energy, and other service called for by this Agreement, as it is able to I furnish, pro-rab, with the rightful requirements of itsom uses and the uges of other customer^. interruption of service by reason of any cause not v.6thin the control In the event of the total or padial of the Company, including the above mentioned CBUDELS, it 5.3 underrrtood and agreed that the Company shall not be liable for damages caused by such interruption of service, except to the extent of a pro-rata VILLMX OF EDINA, reduction in the compensation herein agreed upon. 10, Upon expiration of the period provided in paragraph one (I), this Agreement shall continue in force from month to month until termiwted by thirty (30) days' written notice given by either party to the other of its intention to terminate this Agreement, 11. This AgreeKent shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. IN WITNESS \WEREOF, the partjes have hereunto caused them preoents to be executed in their respective corporate nms by their proper officers thereunto duly authorized, and their respective corporate seals to be hereunto affixed the day and year first ab6ve vrritten. 'ilitness; THE MXNNEAPOLTS CZXEZUL ELECTRIC COiWANY - As to Company And BY Prsaiden-t of Council As to Consumer An 278. RESOLUTIOM KO. RESOLVED, ThaG the Village Council of the Villqe of Edina, Hennspin County, Hinnesota, hereby accepts the o ffar of THE I!I"EAPOLIS GENERAL ELECTRIC COWANY to furnish illumination produced by: 47 - 335 Candlepower (200 \7att) Ornamental Street Lampa all located in the Village of Edina, and hereby approved all the rates, term, conditions, and specifications contained in the propomd contract made a part of the offer of rjaid Compalzy, and the Prsoidsnt of the Village Council and Recordor of said VLllage are horoby authorized and directed to exccuts &e aforesaid contract - for and in behalf and in the nme of the Village and to affix tho & Village seal thereto. . Da-ted , 19 Preddsnt o f Council .-