HomeMy WebLinkAbout19370714_REGULARQ .;3q Kitiutco of tho rs&ar uooting of tho Cour,cll
. of tho Villuge of Edina, receaood fron tho
regular July 12, 19.37, mooting and hold in
Grongo Hall at 8 FU on hly 14, 1937.
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Tfio mooting vas callod to ordor by Pronidont Sharpo, thc roll caflqd tho
folloving vcrp pronant:
and Ro co rdor KO o rc.
Prooidont Sharpo, TrurJtooo Holten md Breecott
Tnere vas also prosent Village Attorney Strong, Oscar Gaarden on beholf
of tho Country Club District Sertrioe Company, Robert L. John, President
of the Country Club Association, Harold C, Utley, V, H. ISorris and So 0.
Sorensen, interes-tod citizens.
This adjourne'd meeting being for the purpose of considering an asplica-
tion to oxtand the present Water Franchise granted by the Council. of the
Village of Edina on October 13, 1923, to the countr,y Club District Service
Cormpony, n Kinne so-ta Co rpo ration,
* After dis~cu,ssion of the many details and items of the present Vater
Ordinanco, Trustee Holten offered the follov;ing as being agreeable fo the
Council of the Villrp of Edina;
BE IT RESOLVED that the mter franchise, so-ccilled, being the
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ordinanco 08 franchise betmw the Village of Edina, hereinaf'tgr called
the Village, and the CounZ;ry Club District Service Coapany, a Bnnesota
corporation, hsroinafter called .the Corporation, passod and at-bested
October 13th, 1923, publihed in the Hennepin County Enterprise of'
Hogkins, EinnBsota, under date of itovenher lo%, 1923, and acco?-bed by
the said Corporation October LGth, 1923, be and the same hereby is
mended as follorrs arid in the f?llorring particulars, to-nit: ,
' . That Section 3 of tho said franchisa be amended by adding, at the
end of said Section, the following:
(a). That the Company shall at all times maintain a
(L minimtm of tm wells, properly equipped rAth conbined
capacity a$ lsant equal to 15015 of the maxlrnurq. desimd.
(b)e That booster pqs or Lainks be maintained
xith sufficient *capzcity to supply adequate nater Pressure
(minirrium adeguatct pressure shall bs defined as that meet-
ins all insurance undemmiters' requirements) s such supply
and pressrtra to be detellained from time to tine by the VillaSe
Co uncia
That Section 1 of the said franchise be amended by adding, at the
end of said Section, the follordhg:
(a), Charges and rahs for rater shall alnays be
fair, reasmable arid just und subject at all times to con-
trol and revision by tie Villa& Council,
(b). T'ie Village Council shdl have Vhe riat to re-
vise such charges and rates, gving notice to the Company
of its intention so to do, and the Company shall hqve
the right of hearing before said Village Cou~il,
(c), The Company shall have 2hs right to petition
the Village Council to revise its charges and ra-tos
from time to -Limo
{ d), Consumers, equal to 205 in number as deter-
nined by the records of the Company, nay petition the
Council for rovision of vatorrates and charge5 nada
by said co~pany from tiKie to time.
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(e), The Co?i~pany shall huve tho ri&t at any tiLe
nithin thirty (30) days aftsr tho order or resolution
of the Village Council is made revis2ng and lixing rates
and charges for vater, to appeal to the District Court
of Henne_nrin County , I.&nnes&ta, from the rates and charges
so fixed by the Village Council and shall have the ri&t
to have such order and actidn of the Village Council re-
vievod by E2id court,
That Section 7 of said franchise be wended by adding, at the end
th ere0 fa the following;
In the event of any additional development, said
Coqany, upon order of the Village Council, after due
notice and hearing before said Village Council, shall
make the necessary extensions of the said water systm
to provide water in such new developments, provided,
homver, that the Campany shall not ber required to make
such extendons until assured of a reasonable return
upon the c~st of sue@ extension and equipment.
That Section 6 of said franchise be amended by adding, at the end
of said Section, the folliwing:
!That the Ccemparry ahdl always h01d the Village ham-
less from any and all dcutiages arising out of the use of
the streets, avenues, public alleys and squares in said
Village and shall, at the request of the Village Council,
file a proper bond in a reasonable amount, the mount
of the bond to be fixed by the Village Council and the
company in which written to be acceptable te the Village
C@uncil-; or, in lieu thereof, fQrnish evidence satia-
factory to the Village Council, of its financial re-
spandbility to protect the Ifillage against any and all
such
That a
damages.
new paragraph be added to said franchise, a8 follsws:
Section 13, (a). That the water to be furnished
by said Company shall always be pure and safe for human
consumptioh and free from contaminatiian.
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(b), That the Company shall %mi& R pmper -bed
of water when requested by the Village Cauncil br its
health IB fficer.
(c). ?he quality of water, furnished and the times
and method o f testing the same ahall at all time s by sub-
ject to the regulation of the Village Health DepazYtmmt
1 1
i and the mni*ieSQt& State Board of Health.
(a>. In the event the YSLiage shall acquire the
sewer syaten nor ciperated by sa5d Csmpaay and any addi-
tions therets, by condemnation, purchase, abandonment or '!
o-thervise, the Conpany agrees to furnish dl vater needed
or required for flushing severe at a rate.to be agreed
upon b&v;aen the Village Council and the Company, except
as my be otherviise provided for. .
(o)~ Tho Compny agrees to furni&, as 09 June 30th,
1937, and for the preceding fiscal. year, a statemnt of
condition, taken from its hooks, together rith a statement
of its Gross earings and sli expenses, sufficiently item-
ized and satisfactory to the Village Council, and further
the Conyny agrees to furnish, as soon as practicable,
a statesmcnt of condition and earnins and expenses accord-
ing to rscopized accoun.ting stwdards and prepared by
independent accountants satisfactory to the Villzge
CounciJ, as of December 31St of each year, or the company's
regular fiscd. year cnd covering the operation of the
Company for the preceding t17elVe (12) months.
(f)o %hat the issuance of any securities by the
Gompny subsequent to June 30th, 1937, &all be subjoct
to the approval of the VillaSe Council prior to issuance.
(g). That the period of duration and the life of
said oruinmce or franchise, as amended, and mklject to
all its terns, as mended, be extendert for rn add5tLonal
tom of five (5) years from the d3te of publication of
said o rigind. o rcFinance o f f ranchiee, to-r.$t :
until the 1st day of Novcrnber, Do 1953.
to and
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(h)o Save as hereinbefore mended, the said ordin-
ance or franchise is hereby in all things ratified and
confirmed .
(i). This ordinance shall t&s effect and be in
forca frm and after its accqtance and its publicztion.
Recordor Coore seconded the motion to concur in the proposed mendmerit
-bo the "later fmchise and derdn tho vote being taken thnre 'i1ero four
ayes and no nays and ~3 declared carried,
8: i
Trustee Holten introduced the following resolution and moved it8
adept i o n :
"WEREAS, the Village of Edina, has her&ofore entered into a
contract for the sale of $18,000 88mr warrmts on Sewer District N6, 3 af
said Village, with Thrall West Company and Allisen aillims Company, and
"mMA8, said contract pravided that the asseaement f0r the retire-
ment of said warrants mu& be in the 8ua of at least 10 per cent in excrag e$
the actual cost of the construction of the sewer, and further pravided that any
sums received in ?ament for the privilage of connecting with the sewer frsa
ownere of prsperty outside the district ore to be received into the SpeciaJ
Assessment Fund for the payment tf said warrants, and
nWHE3EAG, the total amount of vdid assoomnts leded for said
sewer aggregate $17,693.00,
'"OW, TliEmFORE, BE IT RESOLVED By the Village Csuncil. ef the Village
of Edina. as follows:
"c1) The Sewer District No, 9 warrants of the Village si Edim shkU
be isaued and delivered t9 said purchasers in the total principal tumunt of
$16,000, being warrants numbers 2 to 33, inclusive, af said i~sue, ad dewribad
in the remlutian heretofore adopted by the Village Csuncil on June 22, 1937;
''( 2) All ether warrants prepared for 8Eaid issue shall be cancelled
and destmFdd and the village hereby cavenantra and agrees to and with the said
purchasers and ths holdera of said mrrants from -ti-ime to time that the 96llager
will not issue any other er additiond warrants payable 0ut af the mid fund iaf
Sewer District No. 3 and will not contract any other debt or ebligation again&
said fund in exces8 of the amount of $16,174.82,
"(3) The Village further covenants and agrees to and with the said
purchasera and holders of the warrants of Sewer District No. 3 that if my
cannectlon shall be hereafter made to any'property outside of said &wer Diral;rioT
Ne. 3, with said sewer, so that said property shall have the use and benefit
thereef, the Village \pill make a r8asonab;te charge foy such connection and
use and any and all sums received on account thereof shall be credited ta and
paid ink0 the fund of Sewer District No, 3 and shall be used to p&y said
warrants and the interest thereon, until all of said warrar,ts ~hdl have been
paid in full.*
The mstion for the adoptim of the foregoing resolutien was duly
seconded by Meore and upon vote being "den thereon, the following voted
in fav0r thereof: Sharp, Holten, Prescott & &are
and the follrswing voted against the same: Nene,
whereupon said reeolution was declared duly passed and adapted.
?To further business to come before thia meeting, motion to aajourn carried sat 11.35 PN
Village Reoorder