HomeMy WebLinkAbout19371011_REGULAR30
X€Lfnnra%@a of %he regular m~e%%ng of' the Council of the Village of Edina,
held in Grange Hal% on Octobm? 11, 1937, 81% 8 o~c~QcI~: mil,
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The meeting vag called to order by President Sharpe, #&e roll called and all membzrs of the Council mire present.
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.I Tho mattor o f amonding tho ymter franchise ordinance ac prop0 sed
and rocommended at tho meeting of tho Council held on July 14, 1937, next Cam0
b~fore tho Council and vheroupon Trustoo Holton offcrod tho folloming rosolution
and moved its adoption;
BE IT RZSOLVED that tho water francllis;r, so-called, being tkrq ordinnnco or frm-
chim bottareen .the Village of Edina, heroinafter called the Villaga, ad tho
Country Club Di strict Service Company, a Ennesota corporation, heroinafter
cullod the Corporation, passed and attested October 13%h, k923, pubfishdd in
tho Honnepin County Enterpi4ss of Hopkins, Uinnesota, under dato of ihvombor
J.d, 19223, and accepted by the said Corporation October Uth, 1923, bo and
tho E~TEI heroby is amended as follons and in tho follovling particulars, to-vit:
mat %&ion 1 of tke h&.d franchiso be mendod by adding, at tho
ond of =aid Soction, tho folloring;
( a) Charges and rato s for vater siiall always bo
fair, reasonable and just and subject at all times to
control and revision by the Vill.qe Council,
(b)
vise such chargo'c ad rates, giving notice to tho
Company of its intention so to do, and the Company
shd.1 havc, the %'igh%t of hearing before sdd Villas
Council,
(c). Tho Company shall have the right to petition
tho Village Council to reviso its charges and ratss
from time .to time,
(d). Consumers, equal to 20% in number as dotormined
by tho records of tho Company, may petition tho Council
for revision of vater rates and charges mado by said
company fron: tho to timo,
time mithin thirty (30) days after tho ordor or
rosolution of the Village Council io mado rovising
and fixing rates and charges for water, to appeal
to the District Court of Honnopin County, tllnnesota,
fron the ratas and charges 80 fixod by tho Villa@
Council and shall have the right to havo such order and
action of the Village Council revieged by said court,,
That Section 3 of tho mid franchise bo amended by adang,
Tho Villago Council &hall have the right to ro-
( e) ,, The Company shall have tho right at any
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at tho ond of said %ction, tho folloning:
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(a), That the Company &a11 at all timss maintain a
minimum of tvo vells, properly equipped vith conibined
capacity at lead equal to 150$ of the maximum demand.
( b)o That boo ster pumps or tanks be mintained mith
sufficient capacity to supply adequnto vatorprossure
(mini~um adequato pressurs shall bo defines as that
mooting all insurance underwriters' requirements),
such supply and pressure to be determined from time
to tim by %he Villago Council.
That SDction 5 of said ordinance bo amendad to read as
f ollowo:
. If mid Country Club District Service Company,
its succbssorrs or assigna, shall at any time during
thc period covered by this ordinanco or franchise,
or if ~t tho oxpiration of this franchise said Country
Club District Service Company, its successors or
assigns, shall fail, refuse or neglact -Lo longer *
oporato and maintain s&d systexc, then and therupon
said nater. supply s)tstem, tigether vith the land upon
vhich tho same is situatod, shall, at the option of
said Yillago of Edina, borne the absolute properby
of said Village, indluding all the pipos, mains, and
othor property appurtenant or appertaining therotot
and the ri&ts of said Country Club District
Scmico Company, it5 succevsors or assigns, in
and to said property shall absolutely coaso and
tentinate, and all ri&t s, casements and this
f ranchi sc thereto fore belo n@ng to- said Goun'bry
Club District Service Company, its successors or
assigns, and all its rights in and to the stroots,
avcnuos, highnays and alloys shall ceaso w.d ter-
rninato; provided that acquisition of said'property
and nator systom by said Village under tho provisions
heroof &all bo oubjoct and vithout prejudice %o any
mortgae;o vhich, subsequont to tho 30th day of Juno, 1937,
may bo placed on daid property, water system and the
franchiso grantod for the operation theroof vith tho
approval of the Villago Gouncil.
That Saction 6 of said franchise bo amended by adding,
at the ond of said Soction, -the follotdng:
That tho Conpany shall alrmys hold tho Villa@
hamlors from any and all damagos arising out of tho
uso of fho stroets, avenues, public alloys and
squares in sfrid Villoge and shall, at the raquost of
tho Villagp Council, file a proper bond in a resonablo
mount, the amount of tho bond to bo fixod by tho
Villago Councy ad tlie company in vhich riritton to bo
acccptablo to tho Villago Council; or, in lieu thereof,
furnish ovidence Gati sfactory to the Villago Council
of its financial rosponsibility to protoct tho Villago
against any and all such damageo,
That Ssction 7 of said franchiso bo amendod by adding, at
the Qnd thoreo f , tho fo ll6bning:
In the wont of any additional devclopment, said
Compahy, upon order of tho Villago Council, after
duo notice and hoarin;; before said Village Council,
&dl n&o €he nocossary extensiono.of tho said riator
systom to pmvido riater in such ne17 dovolopm!m.f;s,
providod, honovor, that the Gompany shall not bo
roquirod to mako such extensions until assurod of
Q roasonable return upon the co st of such oxhnsionn
and oquipmont.
Tnat Soction 10 of said Ordinanco be amonded to read
If said Country Club District Scrrvico Company, its
succo3sors or ao&&no,
tho conditions as to purchase, afte r notice, or its
dutieo herin defined, therupon said vator aupply
syotcm, togother rdth the land upon nhich tho same is
situatod, &?all, at tho option of the said Villago
of Edina, or thecity. of Hinneapolis, a6 the case my
bo, becono tho absolute property of said Village of
83 follons:
shall fail to perform any of
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Edina or of said City of I:finneE$olis, as in the case of failure
to operate andmaintain as defined in Section 5 of this ordin-
nrzco; provided that acquisition of said property and aater
systom by said ViL1ago undcr tho provisions hcreof shall bo
sub joct and without prejudico .to any mo rtgago wlflich, sub soquont
to the 30th day of June, 1937, may bo placod on said proporty,
stater system and tho franchise granted for tho oporation thereof
with tho approval of the Village Council,
That a nev: paragraph bo added to ssid franchise, as fO~lOVf5;
Section 13, (a). That in the event of the acquisition by
my ouch mortgagoo, its succossors or assigns, through
foreclosure of any morfgago thus approved, or o-bhorvriso,
of ouch property, water system and franchises, tho ordinanco
of October 13, 1923, and a11 emendments and modi2ications Vneroof,
s'n'al1 inuro to the benofit of mch succossor in titlo of Country
Club DisLrict Sorvico I;empany, its successors aAd assigns, sub joc-b,
hovmv~r, to all of tho conditions and limitations contained in
said ordinanco, amandmonts or modifications.
(b). That tho water to bo furnished by said (iompany shall
alcfays be pure and safe for human cunsuraption and frso from con- t smi natio n ,,
That the Company shall furnish a proper test of vater
whon roquested by the Villago Council of %+,a health officer.
Tho quality of vater furnishod and tho timn and
method of testing the same shall at all times be, subject to tho
regulation of the Villsge Health Dapartmont and tho Elinnosota
Stat0 Board of Hoalth.
In the svont tho Villagc shall acquiro the sever
system now operated by said Company and any additions therato,
by condemna-bion, purchaw, aljondonmonf or o%herni se, tho Company
agrees to furnish all water needed or requirod for flushing somrs
ut a rato to bo agroed upon betweon the Villago Council and tho
Company, oxcept as may be othemtise provided for,
and for the prscsdiug fiscal year, a statemont of condition,
tukon from its books, together 16th a statomoat of it5 gross
oarnings and all oxpenses, sufficiently itemized and sati sfactory
to tho Villago Council, and further the Company agroes to furnish,
a5 soon as practicablo, a sta%omont of condition and Darningo and
oxponscs according to recognized accounting ctandards and proparod
by indcpondont accountants satisfactory to tho Village Council, aa
of Docomber 31st of oach year, or tho Companyq 8 reslar fiscal
yoar and covering tho operations of the Company for tho preco&ng
tt-lolvo (12) months.
Tha% tho issuanco of any securitios by tho Company sabscr-
quent to June 30th, 193'7, shall be subject to tho approval of tho
Villago Council prior to issuance.
That tho period of duration and tho lifo of mid ordhanco
or franchiso, as mended, and subjocf to all ita toms, as meildod,
bo extended for an additional torm of five (5) years from the date
of publication of said original ordinanco or franchiso, to-rht:
to until the 1st day of Novemberp A. D, 1953,
chiss is hsroby in all things ratified and confimcd.
That nithin ten ( 10) days after the publication of this
ordinanco said Country Club District Service Company shall file
mith the Village Clark of said Village its vritton accopfaklco of
this ordinanca and the grants, conditions and limitations heroin
contained, and &en so accepted this ordinanco shall operata an
8 contract botvioen said Village and said Country Club DisfdCf
Sor-ico Company, its successors and assigns,
(c),
( d).
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(f). Tho Company agrees to furnish, as of Juno 30%h, 1937,
( g),,
(h)o
(i)o Savo QS hereinbsforo mondod, tho said ordinanco or fru-
( j)
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9310 motion was seconded by Trustoe Villson and %he vo'h
vas upon tho question of the adoption of tho rssolution, dioroin thoro
wore fivo (5) aye5 and no nayG and so tho resolution ~m5 adoptod,
Datod m , 1937
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Trustee Holtsn offered the follodng Resolution and raovod its
R'HEmBS, a water franchise was
..o &A i adoption: : . Q. r 3. +, 5%
granted by tb Village of
Edina. to Country Club District Service Cornpan5 a k4inneso-k corporation,
" horeinafter reforlcad to as Worapany", Ry orcliname passed and ak'tested
" October 13, 1923, and published November L, 1923, rcfsrence to which is
' made €or its precise terms and conditions; and,
WHEX4EAS, the aforesaid ordinance was amended by tne ' Village Council by ordinanco passed and attasted on tho
day of October, 1937, and publiahod according to lap; and,
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\$?HEREAS, subsection (f) of Suction 13 of the amendment
. providos as follow:
"That ths issuanco of any securites by tho
Company subsequent to June 30, 1937, shall bo subjact
to the epproval of tho Village Council. prior to
i D suaplco , '(
THEREAS, aaid Company has made application to St. Paul
Firo and Ei4arine Ikasuranco Corngayly for a loan of Thirty tilousand Dollar0
($3Q,OOQ,OQ) ;fpb widanced by tho promissory note of mid Company
payable as follow:
day of Novcmbsr, 1938, and a similar swn on the fir& day of Novomber
of each succoe&ng year thereafter to and including tho firs% day of
Novenber, 1951, and the balance of Six %housand Dollars (86,000.00) or
mor0 on tho first day of Novomber, 1952, togather with interost at tho
rato of fivo por cant (5$), -payabls mmi-annually on the first days
of May and November, roapectively, in each yearr urithouf grace, ac-
cording to the terns of interest coupon notes of even date rrith said
principal note, and to bo oocursd by a first mortgage upon tis real
ostaeo, buildings, wlls, water tanks, reservoirs, motors, pumps,
machinery, vratsp mains,' fixtures, easemen-ts, franchi sos, ar'cicles a~ld
propol-i;y of every kind belonging or perCaining .to the wzter systsm
and plant of said Company, including its title to and ridit of um
of tho mater mains, hydrants, valvoo and motors usod in connoct3.on
vith the operation of said plant and 17a-br $sytoni, and axel-uding
any extonsions of franchises, rights and plmt and any additional
pttrsonal property or reel property hereafter acquired by tho Com-
pany for uso.5.n the oporation of said plant, and any substitutions
or roplacements or modifications of the same or any part thcseof; and,
Onc thousand Dollars (@,OOO.OO) on tho first
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YEEFWh3, gonoral toms of tb-propossd mortgage havo bsan '
' mittod to this Coui.lcil:
incorporated in nritten form by counsel for said St, Pai Firo and
ldarino Insurance Gompariy, and the proposed mortgage has boon sub-
NOW, THEREFORE, Bo it Resolved that said proposed mox4;gago
bo and it is in all things approved, and that said Compmy bo and is authorized to consuramata the proposad loan and to socurc tho
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agrooab1;t with the form of mortgage thus approved,,
'61?0 motion vas soconded by Trustee Proscott and the vo-to-aan
. upon the adoption of tho resolution vhsroin there Tier0 fivo ayes and no
. nay^ and BO tho rasolution vias adoptad,
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Villa@ Recorder \\
36
V$lla,ge Recordero
2..
3,
4,
5,
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80
94
10 0
XI,
12.
13,
14,
15.
16 0
17,
18 ,,
coan42 A% Troan’ramr
Health Of ficer
&Lo rney
ha ccsso r
Enginsor
Paunibing Inspection
Building fnspoctioa
Garbago Collecfion
Fire Dept, Servics
Park Board
Election Expense
Znsuranco
Ront a
Public Noticos
Printing & Offfco Supplies
Loagao of Unnesota
Eluni cipalitio o
LE sclollaneous
Rglisf and Public \blfasa
A - POO+ Fam
.B =, Bisoct Rdiof
C - Emergency Rsliof
Road and Bridgo AccL
A - Labor B = Rsad PatcUng, 011, otce
C - Road Oiling
D - Gravel
E Q Snov Fence 4 Posts
p - Cuhvorta
6 - Road Suppl5.03 & TOOIS
K - Equipmont Repairs a - Lubricating Oil & Gas
J - Balance on Vasco Grador
L I* Io Tractor
Q No17 Truck
Bldg, for Road Bachinory
RQGUrfaChg Stroots in
Country Club District
Arden Ave, & Sunnysida RdO
Expenso on Sowage
Total
1, ooo,oo