HomeMy WebLinkAbout19531012_REGULARMDIU'EB OF THE REGULAR PBETING OF Tm
OITOWB.12, 1953, AT..7:30.P.I-i,, .AT THE
Members answering Rollcall were ChLLd, Danens and Wickson; with members Bank
and Bredesen coming 'later; as recorded below,
The first matter on the agenda was $he Taking of Bids. A.ffidav5.t of Fublication for "Advertisement for Bids" for Grading and Gravelling of Josephine Avenue
between 'W3,65th and FJ.66fih S%reets; and for f%dvertisement for Bids" for Storn
Sewer k.*60-l;h and Chowen area; both advertisements having been published .October
X and 8, 1953, presented, approved as to.fom and ordered placed on file. There were no bids 'presented for the projects, and E-faxmger &€itchell recommended that Council
re-advertise for same, with bids to be taken October 26. Child so moved; motion seconded by Danens and carried.
Nanager EEtcheIl reported that the orily bid received for the Grading and
Gravelling of Garrison Lane ,.and Wooddale Avenue, that of ELG, Astleford, is
considerably higher as to unit prLce than 'chose bids being currently received
fo; other projects. 1954 inasmuch as this is not an emergency project.
rejected, and the Council re-adyertise for bids to be taken October 26. Notion
seconded by Danens .and carried.
mm VIWAGE: COUNCIL3. HEfiD.IlOrnAY,
a -7 EDINAVLIJ;AGEm. .* -. - *--. -..
Zdina-Momingside Courier and Construction Bulletin, was
C e
He recommended that bids be delayed until the sprhg of
Child moved that bids be
Manager Elitch$l recommended award of bid taken September, 28, on Watermain No. 66-h Concord Terrace and St. Johns Avcmue--to Peter Wetti Construction Company,
low bidder, at $5,346.50, Child's motion for award of bid to-Peter hetti
Construction Company was seconded by Danens and carried.
hsuant to lf$otice of-Hearing on Proposed Stom Sewer1! published in Edina-
Morningside Courier October 1 and 9, 1953, affidayit of which publication was
presented, appmved as to form. and ordered placed on file, Pfayor Erickson
annpunced F'ublic Hearing on that storm sewer to serve the 60th StreeWhowem
Avenue area. Manager Mitchell read an amended Estimated 09 Cos$ in amount of
$9,925.28 as against 2r530,000 assessabl? square feet, for $.02 per sware foot.
He eqlained that several lateral mains have been eliminated.frdm his former plan,
in order that cost yight be more in line. At this time several petitions, carry-
ing the names of some ninety-Tour propeAy owners in the dlstrict and opposing
the project &n the grounds that cost exceeds benefik, were filed; accgbed, and
ordered placed on file for consideration. Tu addihion, there were several verbal
objections. The CoFelius interests maintainedthat the proPosed drainage ditch .
West of France Avenue, whgch will carry the water from the entire water shed to
the Greek, will-raise the zvater level in their swamp property. Several in the
area-stated that they are now burdened &th assessments for other hprovements
and cannot take additional ass&ssments at this time. One gentleman stated that
this should be a General Fund obligation becase, he alleged, an error was made
some years ago in establishing the grade of W,6Oth Street; which error is the
cause of all the present difficulty. Several st&ed that they consider the cost
of fi.02 per square foot too high for such an improvement, E-, Child told the
audience that a vote of four of the Council. in fayor is necessary before the
project can be voted h; and Mhyor Zrickson momced the Hearing closed pending
the arriyal ofthe other members of the Council. At this time representatives -
of Thernell Construction Company announced their wiXLingness to sign a petition
h favor of the project, said petition covering 1% lots. * 4:- -3 Later in the
evening, with all members of the Council present, Cud moved for continuation
of the Hearing to Monday, October'_26. Motion seconded by Bredesen and carried.
Clerk Bakk arrived at this-time,
Nayor Erickson then announced Public Hearing on the Proposed Oiling of Ashcroft
Avenue-between We 59th and W,60?;h Streets.
cation in Ed+a+forningside Courier of Notice of Hearing on-Proposed Street Improvement, said publication having appeared October 1 akd 8, 1953. Af€idadt
was approved as to fom and ordered placed on file. Manager Mitchellis estimate
of 15$ per front foot, for this work, was given. There was a delegation present
to urge the iaproveaent; but aU. asked for additional work on the newly completed grading project before oil is applied.
grade; one askedthat street be rolled aqd packed if this has not .been done; one asked for a specific time schedule for the oiling work. No one was present 'co
object to the Oiling, and no written objections had been received prior to the
Hemag. B.ank. off ere4 the following Resolution and moved its adoption:
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Clerk presented Affidavit of Publi-
,
One gentleman complained about the present
RkEiOLUTION ORDERING OILING D@ROVE%ETaT
NO. 0=552. A@EOlING TUBS Amm SPEC& , c
'. FTC%TIONS TmFOR, .Ilnrr, 3;UTx-jORTZI% W0R.K ' .BY DAY LABOR .. c- I.
_(e . .
BE TT RESOLVED by the Council of the.Vfilage,of.,Edina, Minnesota, that this Council
heretofore-caused notice of hearing to be duly published on the proposed imPrOV'@-
ment consisting of the Oiling gf Ashcroft Avenue between W.59.t;h and W.6Oth streets,
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and at the hearing had at t@e time and place specified in said notice the Council
has duly considered the views oftall. persons interested, and being fully advised
of the pertinent facts does hereby deternine to proceed with the construction of
said improvements; that said improvement is hereby designated and shall be referred
to in all subseqpent proceedings as Street Improvement No. 0-55.
BG IT FURTHBt BESOLVED tha% the plans and specifications $or Street Improvement
No, 55 i;l heretofore prepared by the Village Bngineer and now on file in the
office ofthe Village Clerk ase hereby approved. BE 32 FUR‘i‘HER I@SOf;VED~that the Village Engineer has heretofore submitted to the
Council .eskimate of cast of said improvement, which it appears “and it is liereby
determined that total cost of said improvement r.ri31 be less than $5,000; therefore,
this Council is authorized by law arrd does hereby determine to pwchaee directly
the materials for each of .said improvements &d complete the same by day labor.
BE 33 l?UEEER EFSOLVED that the VUge Zngineer, being a Registered Engineer, is
hereby ..agthori.zed- and .directed to supervise the tmk on each of said improvements,
and upon completion thereof, also to submit adstailed report, certified by him,
and file the same with the Bilkge Clerk, showing in general the complete cost
of the work, and specifically the following:
(a)
(b)
(cl
Final. Costs of -the various: units ?f work done,
Haterials furnished for the project, and the cost of each item thereof.
Cost of labor, cost of ecpipment hired, and supervisorg cost.
Said reporfi shall also contain a certificate by said Xngheer that the msk PELS
done according to plans and specifications therefor.
n
Iefotion for adoption of Resolution was seconde
were TQLE ayes and no nays, as follows: Chi1
Erjckson, we; and the Resolution was adopted
on Rollcidl there
Eanager T-Etchell then warned the audience that oil is now very difficult to obtain
arid that it may be impractical to oil this street this fall unless it stays tam.
He stated that he muld do his best to see that the tiork is done, if he feels 2%
advisable, in the interests of a good road, to oil this fall; “C
&Wr-Erickson then called Public Hearing on the pet2tion of C.tI, Bros for the
Vacakion of that portion of Yvonne Terrace lying between bts 16 md 17, Stol.rts
Ymnne Terrace, Clerk Bank presented Affidavi% of Publication in Edina-Nomaside
Courier October 1 and 8, 19535 of Wotice of Hearjng’t, and Affidavit of Posting of
sxid Notice of Hearing on three official village bulletin boards, These-affi-
davits were approved as to form and ordered placed on file. Manager Nitchel.3.
reported the Planning Commissionts recommendation in favor of the proposedt
vzcation. There were no objections from the audience, and no written objections
had been filed prior to the Heaing. Child offered the following Resolution and
moved its adoption: .- t
RESOLUTX~N VACATING STREET
- L*G- l3ETlW LOT$ 16j3~_1’7
STOtPS. YVONNE TERRAC%,
2- petition of a najorit.y-of the otmeqs-of real propelrtg abutting that
portioa-oT-Ymnne Terrace which runs”North and South between Lots 16 and 17, Stoa’s
Yvonne Terrace Addition, has been duly filed iAth the Village-Council, and sed
Council has heard d.1 interested persons, and it appears in the interest of the
public that said portion of said street be vacated, now therefore,
PORTION OF WOltl@ T=Ca ?BICH RUNS HORTH AND SOUTH BETTEEN LOTS 16 AXQ 17, STOWS
yI-QiiWE TEiRAGE ADDITION, as the same is ,now dedicated and laid out within the . -. -
coqmrate._-ts .of, said Village be hereby vacated.
l.fotio<for adoption of the Resolution vas skconded by Danens, and on Rollcdll there
were four ayes and no nays,- as follows:
Erickson, aye;, &d the‘ Resolution tms qdogt ed,
A!ITIBT:
- NORTH-SOUTH yvoNNE T.73RQAm
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€E IT RESOLVED by the VilZage Council of the Village of Edina that THAT
Child, aye; Bank, aye; and
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Mayor
VGlage Clerk r
pUbBc ~Garing ~ms ne& had on petitions of Nessrs Luverne Loken and Robe* Hawkin-
son, €or permits to face dwellings the long way of Lots 1, Bl. 2, and.10, BL 1, respectively, Virginia >+venue Addi-&iono There were- objections from neighborkg
property owners, on both petitions; namely Kenneth Gmtafson, ovmer of property
North of TT.60th Street, and a 1-k. Sv~anson, ovmer of bts 2 and 3, B1. 2, Vhgm
~Zvenue Addition,. Bank’s motion that both petitions be denied was seconded by
ChilLd md carried,. Upon the objections of petitioners that others had been allowed
this privilege, it tras explained thak public hearings had been held on all other Sequests and *hat there Kad been no objections filed.
3 10/12/53 - c- I
%yor Erickson then announced Public Hear-ing on petition of Selmer Hala for
change in kame of Willson Road" to l3ALLA ROAD,
reasons for wanting $he chapgem
honored Edina pioneer family.
street name be denied. Motion seconded by Bank and carrikd.
Mr.nHalla then reques;ted disposition 02 his request for permit to build a
Garden Shop, garage, etc.
back to-the Planning Commission for further consideration; that nexi; regular
The matter of some fouk garages in the area %as% of France Avenue, 5$th:to 60th
Street, which were constructed tdthout.permrit and toa close to lot llines (two
of these garages being at 5833 and 5837 Abbott Avenue) was againx reviewed,
Building Inspeator Woehler recommended that garages 'be moved in conformance
with Zoniag Ozdinmce.
inspected the premises, in acdordance with Council direction; and I&. Danens
recommended that garages be left as is, inasmuch asrthere is no objection by
the neighbors to their present locations.
to leave garages where they mem
I!&, Henry 8, Anderson, 5332 Hollpwood Road, asked to be relieved of paying
one-half the cost of a change in the dzainage on Oxford Avenue, according to
an agreement made with Manager MitcheXL; amown'c being $$93m05m
states that he has already paid. 1/2 the cost, and wants the Village.to pay the
other half. Eknager BIitchell remkded the Council that the full cost 02 the
T.rork done was. much less than estimated; that the Village had done the wdrk for benefi% of 3bm Anderson; that he feels Mr. Anderson should pay.
stating before he made the motion khat it is really against his better judgment
and that he his making the motian only to bring mtter to a head, moved,tha't General Fund pay the cost of this drainage change,
mQtion, and the vote was Child and Danens -for, Bank and Erickson agdnst; and
motion was lost.
r &a €Ia23n explained his
Clerk- Bar& objected to changing the name, explaining to kkm Hallathat this.streek name is in honor ofean old and i
Child moved that petition for change in
t
He was informed that this matter had been referred
meeting of the Commission would be November 4. 1
P
&a "itchell reported that he and'&. Danens had
Child moved that owners be &'lowed
Motion seconded by Dane& and carried.
t
EL'. Anderson
Hk. Child,
Danens seconded the
Petition was filed for installation of Curb and Gutter in Richmond Circle.
Ckild's moLion, that petition be accepted,aand Public Hearing be scheduled for
first,meeting in Ifarch, 1954, was seconded by panens and carried.
The Railroad and %arehouse Cbmmissionts Order for extension OP trial period
for France Avenue- -Shuttle Bus, Lo Hay,4, -1954, was reviewed ad ordered placed
on filer
The petitton of Glacier Sand and Gravel Company for Vacation ofthe Plat of
Harriet Park was filed. .Child's motion, _that petition be accepted aqid referred
$0 the Planning Commission for,-bheir recommendation, was seconded by Danens and
carried.. -
Petition of &a George Am IiJemess, 18 Woodland Road, for permission to instal3.
curb and gutter at his lot,,.to relieve-bad draQage; and for Village installztion
of catch basin and drain to Colonial Grove Storm Sewer, was reviev~ed.
moved that no decision be made as to the catch basin and.dra5.n until. final
desision is reached on blacktopping, Notion seconded by Bank-and carried.
Manager Mitchell recommended that Village allow installation of curb and ,gutter in accordance with Nr. Werness' request. Child so moved. Notion
seconded by Bank and carried, I_
"i -'
Child
I(
PetibZon was then filed for the Blacktopping of Woodland Road, except tha%
Motion seconded by Danens and park lying be%ween Lots 28 and 26,
Public Hearing scheduled for Spring of 195l+m
carried.
Considerable discussion was had with regard to pekition filed for construction
of Village Vatemin and Appurtenances in the following Streets:
Grandvi-ew Lane between We 53rd &nd Wm 52~d Streets;
tfm!j2nd Street between Grandview &age and Hankerson AGenue; '
Hankerson Avenue between W.52nd and We 51s% Streets; .
William Avenue between %?mS22Kld and W..$l.st Styeets
Bank moved that petition be acceptedland
Child1s motion, that petitiRn be accepted, and that Public Hearigg be tentatively
scheduled for Nonday November 23-pendjng detailed report from VUldge agineep1
as to cost--was seconded by 3ank and carried.
Childts motion, that Village Engineer be directed to prepare plans and speci-
fications Tor the above proposed bprovement, and incluang a vreU, and to
advertise for bids to be taken thereon on November 23, was seconded by Bank and
carried. h
Manager I-Et chell reported Utilities Supt . IJoehler's request for installation of
Street Light at site of New VCl'lage Water Tanka
street Light be ordered, was seconded by Danens and carried,
II*
Childis motion, dbecting
4 w12/53* \ I* Final Plat of Sharp-Bakke Addition was filed, together with Planning Comnissionfs
October 7th recommendations-for approval, Bank moved that Fipl Plat of Sharpe .. Bakke Addition be approved for, record, in accordance with Pl- Colmnissionts
recommendation and subject to Planning Commission* s. signature, 1.Iotion seconded
by Dane& and carried. . r .a
Fin& Plat of "Vic%orspnls Addition to Edina Highlandsf' was presented, together
.r.Eith P&hg Comissiont.s cgmlified approval. Eir. 1-Ii.t chell recmznded appovd
by Coyci3, subject to thorough checking by Village Engineer. Dams so moved.. HotSon seconded by Bank and carried. * r
Final Plat of l~Smildenys Addition to,Edina Highlandsll was submitted, together
wii3.h P1-g Cormnissionrs qudkEed approval. b5.r. Ifitchell recommended approval
by Council, subject to a .re-check and approval by Village Engineer. Child so moved. 1-iotion seconded by Bank and carrid.
Fiml Piat of IIStocke & Hason's Concord Terracell came ne* before the Council,
vrith P&a&ng Co~ss~ants recamndation. of Octsber 7, .-for appmval. Child
movsd--for apprqwd of Final Plat of Wtocke &_Hansonts Concord Terrace". Notion seamded by Danens and carried.
Final Plat *of Vhndquistt s Concord Grove Addit ion1' .was presented. Hr. 'EEt chell cited I$?. Sundqast's problem in securing.cooperation from the School Board in
opening a road at the rear of his very long lohs. T-k, Sundq~st stated that he- is aware that he may never have access to lots facing a-proposed East-West road
at approximately,T.I.5% Street; but that it is now necessary for him to. .plat and
sell his properby;. that-he has determined that the plat he now presents is the
best he can do under the circumstances.
~~a&ndquist!s Concord Grove Addition" be accepted for record, vas seqnded by Bank
aqd carqied. .Child *then moved direr;ting J4anager Mitchell to consult .with the.
School Board on the possibility of their opening this proposed street at some
later time. Hotion semnded by Danens and carried.
%he matter of the FM Plat, by 1-k, &TT, hpe and entitled ~~EliTmr Me Ridge",
caused mch discussion. . lilanager P-Et cheu recommendations corwerning the dxainage
situation were reviewed, and Child moved that Final Plat of llEibror Lake Ridge"
be approved subject to submission of a performance bpnd, in amount to be determined
by Village Engineer, for drainage remedy. Not5on seconded by Danens and carried.
Dis&ssion was had as to recent kction taken by the Council tlith regard to
building contractorst violations of that port!ion of the Building Ordinance which
rewes issuance of,a building permit before beginning construction. Child
movzd that the Council ask the Court to enforce the Building Ordinance, -bu$ that
fines for violations to this date be suspended on condition that there be no
recurrence of dedation from Ordinance; that said request indlude the violations
for .T.rhich fines have already been levied; but that disposition of cases for .r.rhich
tags have been issued and court appearances have not been made be left to the
discretion of the Court. IIotion seconded by Bank and unanimously carried.,
*.. -. *I
Child's motion, that Final Plat of
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HP. Gunnar Johnsor,is written rewest, dated O'ctober 12, for permit to build on
a tract in RollingSreen, transferred to him-by metes and bounds but which he is
makLng preErations to plat9 was presented.
Inspector to grant permit, on basis that developer trill replat at the very
earliest *opportunity, Notion seconded by Bankand carried.
Trustee Bredesen entered the meeting at this'time.
Child moved, directing Building
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Xayor Erickson tlren announced Continuation of October 5th Public' Hearing on
Assessment for Laterdl Sanitary Sewer hpmvem~nt No. 36. -.V€llage Attorney
'8hdhorst * s opinion was .requested, as to the legality of assessing ?:Enneapolis,
-I Northfield and Southern Railway Company for that portior, of their right-of-way abutting Brookside Avenue within -the assessable district. Village Attorney,
anmrerhg affirmatively, cited a Duluth case in which just such an assessment was
made and upheld by the Courts. Ekmger Ifitchell reported that assessment to the
Railway Company T.rill reduce the front foot assessment from $12.33 per front foot
to $10.05 per front foot, for all assessabxe properties; the Railrmy Company
being assessed for 718 front feet. I&. Davenport and one other representatiye
from the Railway Company, objected on the grounds that, should the line be
abandoned, the right-of-way imuld present undesirable, building lots, being only
ll0 feet deep. Hr. lrindhorstts answer was to the effect that the saleable value of a tract. does not determine its benefit by- a utility, There was a
large delegation of owners present, who inqui.r.ed as to what disposition had
been-made of lateraX sewer assessments for Sanitary Server District No. 8.
They mre informed that this assessment had-been cancelled; and that refunds
had been made to those oxners who had paid a portion of the cost prior to
cancellation. o~n~rs. Child then offered the follordng Resolution and moved its adoption:
1
Office was asked to investigate refunds for several propedy
I -. 1
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A_^ Uh2k53 mOLmTON As)oPTmG COWIEIKCNG
SPJ\TITARY LgTERIlL SFNER Ib~~.~~ N0.36
BE I" RESoLT@3 bY tl?e V~&%3e_Co!PCU~of..thq. Village. of Edina, *esota as
1% is hereby foGd, determined and dekared that the proposed
f0llotrs~- _- . .
1.
asseSsm& for~SU'UJXRY LATE;RAL SFWER IWROVRmT NO, 36, and each of them,
have been ProPeTb?. c?&cuhted_ b _a.ccord,~c~ _r.lith_. the provisioQs of ~esota
S'batUh3 Section 412m4-U; ghat notice has been duly published, 8s required by lavr, that +this Council mdh meet to hear and pass upon aU objections, if
any, to amend said proposed assessments as might be necessary, and to adopt
the same by resolution; that said proposed as-sessments have at all times
since their fiEng been opgn for public inspection, and opportwity has been
aven to all interested persons to present their objwections; and that. each of
the lots, pieces and parcel; of land enumerated in th*e respective assessments
was and is specidly benefited by the construction of said impmyesnent, in
the amount set opposite thk description of each such lot, piece and parcel of
land, respectively.
The amounts s) set out are hereby-levied against the respective lots, pieces aad parcels of land described in said respective assessmen$s, and
said proposed assessments ake hereby adopted and confirmed as the prapep
special assessments for sai$ improvaent. The assessment againss each lot, tract or parcel, together with the interest, accruing on the full amount
thereof from time to time @paid, at the rate of five percent per annum from
the date of this resolution, shall be a lien concurrent with genera taxes
upon the property described* therein and all thereof, The total amount of each such assessment shall be pyable in equal annual instdlments extending over a
period of ten years, the fipt of said instdlhents, together with interest on
the entire assessment from $he date hereof to August 15, 1954, to be payable
with general $axes for the year'1953, and one of the rem-ing instal@pnts,
with one year's Gterest on that and all subsequent, installments, to be payable
with general taxes for the gears 1954 through 1962, collectible jn the
respective ensuing years,
Prior to certification of the assessment to the County Auditor,
the oTrner of qy lot, pieceror parcel of land assessed hereby may pay-the whole
of such assessment or any iqstament thereof without,intesest to the Village
Treasurer and thereafter sugh payment may be made with accrued interest, to the
County Treasurer; provided $hat-if any assessment or installments theSeof be
prepsid,to the Village Treaprer, he shall promptly no%ifysthe Village Clerk
and County Auditor, and.the*assessment or installment 30 pyepaid shall be
cancelled on the books of the County Auditor.
The Clerk sha& :as soon as may be, *prepare and transmit. to the
County Audit0r.a certified @plicate of said assessments, with each then mpdd
instdlqent and interest se$ forth separately, to be extended upon the proper
tax lists of the County, an$ the County Auditor shall thereafter case said
assessment to be collected @ t6e_manner_pmvided by law, Said duplicate shall.
be designated*as the t*Asses?ment Roll for SANITARY Wa B@BOW*E3JT
NO. 36, and all ~ounts colLected-*in respect of -the, assesments-thereh ,
contained shall be similarlr designated by the County Treasurer and remitted
to 'the Village Treasurer an$ by him credited. to -the Sinking Fund Account of
>Totion for adqption'of the qesolution was seconded by B&k, and on Rollcall
there were five ayes and no--nays, as foll
Danens, aye; Bank, aye; andgrickson, aye;
2.
3.
4*
the 1951 -_ DPEO~~~ SECONDnSERES FUND. .* 1' -
* .- -_I " - - I - . .....". '.*.-.. *.. -. . '
,Flayor
Bepresentatives of Northern.States Power Company were present to advocate advance renetql of Franchise, in order that they may,
several points to be considered, namely the method of CWPUt*g rates, the
matter vras laid over to next meeting fw further investigation.
1.ilanager TsEtch911 reported the requests of D'ltrcy-Leck, and Bolander Corapany for pedts to grade. kasmuch as these requests present the same %YPe of Problem
as the request made.by Terrg Excavating Company, Child mo'ved for referr& to
piwing Co-ssion for, invqstigation and recommendation.
&. &-ear presented the DaGon. Companyts Written request for the W&ension
york and xerxes Avenues between !I.60the~d t6.66th Streets, Stating that the
company is re@y to deacatg proprty fromthe Southdale OPmershiP for the
necessary ri&t-of-my at any time, ordered placed on file, I4otion seconded by Bank and carried* 110 further
action taken.
Inasmuch as there are
Motion seP@ed bY
&mens and carried. *e r
Child moved that petitihn be acc$Pted and
Botion by Child, Seconded by Bank, approving Villpge Payroll, amount $9,76k,18,
hd.ILquor Store Payroll, mount $1,258,81, period ending October 15, 1953, I and payment of follotkag claims, . 3
9675 Jags Cameras - 9676 Crook & Hanley 9677 bber Stores 9678 Y5llage of Edina,Tqater Dept, 9680 Commomrealth Electric - 9681 RoC.Svem t?t Son, kcb 9682 Richfield Lumber Coo 9683 . George A, lKll.son 9685 Construction Bulletin 9698 Edina Horningside Courier
9699 9700 rII. Godfrey Nelson 9701- ' H, Godfrey Nelson 9702 Rober-l; J. Carlson
9703 Fred Jonas 9704 George Thompson 9705 Don federson 9706 John Qlson 9707 Jack Neredith 9708 I.lorris Self
973-1 '. t GaQb Field & Cor
9684 George A, Villson 9685 Construction hlletin 9686 - Berg 9Farnha.m 9698 Edina Xornin~s-ide Courier 9712 Twry Ikcavating Co. 9713 Orfei eCI-Iariani 97at Jan, Danens &Son 9115 Pfeiffer Const. Co, 9719 Pfeiffer COPS^, Go. 9720 Peter Iametti Const, Co, 9721 - :' -- .d&hBoH& et Son
. 9722 Ashtrorth 42 Son 9723 - Ashworth & Son 9724 . Ashworth & Son 9725 Ashworth et ison 9726 Ashmrth t: Son
American Legion Post 473 .. Housing
9710 EmStlhErnSL
9686 *Berg &FarxYham 9694 Badger Netw I.Lfg, Co,, 9695 Japs Olson Coo 9696 Pockrandk hber Coe 9710 &nst & &mt
9710
9693- 9692 9693 9?Q9 9710
5833
I?allace Oman
C, J, Swalen -
I&, Fa Burnett .
Art K, fetersen
Erns% et lErnse
Sub. Hem Co, Relief
I 10/12/53 9
Sax& tary Sewer Improvement
50 $3 2,000
52 - 2,350
51 . 2,250
54 5,950 55 56 57
58 59 2; 200
$73,050
22 $ 5,000
Igater Nain Improvements
52 $! 2,600 53 . 6,900 54 1,800 55 8,350 87,boo
3,150
56 57 58 22,250
3,700
8,700
59 60
61 23 650 62
63 x; 350 8 j 950
$168,800
and the aggregate cost of said improvements is estimated to be as folLows:
Blacktopping # 67,100
Curb and Gutter . 24,800
Grading and GravelLing 26,250
Water Mains 168,800
Santtasy Sewers E 73,050
Storm Sewers ' 5,000
$365,000
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that Ln accordance with the elristing' ordinances of the VSlage, special assess-
ments leviedto pay the cos% of the grading and gravelling improvements above
described are payable in three (3) annual installments; and those in respect
of the blacktopping, curb and gutter improvements are payable in five (5)
annual imtalhents; and those in respect of the remainder of said improye-
ments are payable &n ten (10) annual dnstallments, each installment of 611
assessments including in-berest on the then unpaid balance of such assessment
at the rate of five per cent (!%I per annum, computed as proved in Sub-
division 2, Section 6, Chapter 398, Session Laws of Minnesota for 1953; that
the VLllage now o.tm easements and right of way over all streets and other
proper-hies required for the construction of such improvements; that it is
necessary and expedient for the Village to borrow at this time the sum of $365,000, for the purpose of paying expenses incurred and %o be incurred -
in connection with said hprovements, by -the issuance of general obligation
improvement bonds in accordance wit31 the provisions of Section 9, Chapter
398, Session fiaws of Hinnesota for 1953; and that all acts, conditions and
thinss requjred by the Constitution and laws of the State of 35inneso$a 4x1
be done, to exist, to happen and to be performed preliminary to the issuance
and sals of said bonds have been done, do exist, have happened and have been
performed in due form, time and manner as so required.
There is hereby created a special fund to be designated as the
'11953 Improvement Fund,11 to be held and ac3minlstered by the Village Treasurer
as a separate debt.redemp%ion fund on the books of the Village, in accordance
with the provisions of Subdivision 4, Section 9, Chapter 398, Session Laws of
Einnesota for 1953. Said fund shall. be continued and maintained in the manner
herein specified until all of the improvement bonds herein authorized and
interest hereon shall have been fully paid, There shall also be maintained a separate fund for each of the improvements financedby this issue. The
proceeds of sale of the improvement bonds herein authorize,d, except accrued
interest and, premium received. thereon, shall be creaked to the funds of
said improvements, respectively, in amounts proportLonate to the respective
estimated costs of the improvements as set forth in parsgraph 1 hereof,, andl
from said. funds shall be paid all costs and expenses of making said ;improve-
ments, as hcurred and allowed, and the moneys in said funds shall be used
for no other purpose; provided (1) that there shall be transferred from the
fund- of each of-said improvements,to the 1953 bprovement Fund an amount
equal to interest computed at !$ per amm of the cost of the improvement.
for which such fund is maintained, from the date of issue of the bonds here-
in authorized to the date upon which the assessment roll for such improvement
shall be finally co@irme$, such amount being hereby found and determined to
be a reasonable and proper element of the cost of ea.ch,such improvement, for
the purpose of paying interest to accrue on the money borrowed hereunder prior
to the levy of such assessments, and having been capitalized as a part of the
cost of such improvements to be fjhInced by Ws issue$ and prQvided (2) that
Lf upon completion of each of such improvements %here shall remain any unex-
pended balance in the fund of such improvement, such balzmce may be transferred
to the fwd of any other improvement herein designgted for which the moneys
herein provided may pro3e insufficient, and upon completion of all of said
2,
IO
5nprouemen-k any unexpended balances in the funds of such improvements shaU .
be transferred to said 1953 Improvement Fund. There shall be credited to &5d
1953.Tmprovement Fund all collections of tlie special assessqents herein agreed
to be levied, and all accrued interest and premium received upon deliverj of
sa3d bonds. ,The moneys in said fund shall be held and used only for the pay-
ment of the pincipal of and interest on said bonds as such ,payments become
due, or to pqepay and redeen the same vhen and as such bonds become prepayable,
as hereinafter set forth; provided that in the event 5hat it. shall be deterrained
by the Council to be necessary to borrow addi%ional moneys fpr the papent of
the cost of said improvements, and if such cost shall prove .to exceed the amount
hereinabove @timated, and if the Village shall undertake m-d agree to levy
special assessments and/or general %&xes in excess of the amount of assessments
herein specified, the Village shall have the right and power: to issue additional
5mprovment bonds payable from said 1953 Improvement Rmd on a parity with the
bonds of tlie issue herein authorized, but-the amount of all bonds issued in
respect of s+d improvements shal not exceed the total cost thereof or the
total amount of the assessments and taxes levied *&erefor,
$
I
.
- 3. It is hereby determined that the entire cost of saLd im-provements
shall be paid by the levy of special assessments upon all assessable lots and
track of land lying witkip the assessable areas heretozore specj2ied jx the
respective resolutions ordering said improvements, based upon the special
benefits received by each kuch lot and tract. The Village hereby covenants
and agrees that it 16ll dob and perform, as soon as may be, all acts ard tugs
necessary for the final ar@ valid levy of said special assessments, and all
collections of said assessments are hereby irrevocably appropriated to said
1953 Improvement Fund.
held hvalid wi.t.h.respect $0 any lot or tract of land, 'due to any error, defect
or irre&arity in any action or proceeding taken or to be taken by the. Village
or by this Council or by any 62 the Village's officers or enqloyees, either in
the making of such assessment or in the performance of any condit-ion precedent
thereto, the Village hereby. covenants and agrees that it forthwith do all
such further acts and take all such further proceedings as shall be required
by lax to malee mch assessments a va3i.d and binding lien upon sed properw,
Said assessments shall be payable in equal, consecutive, annual inst-ents,
the first of which shall be certified to the County Auditor for collection
with genwal taxes for -the year 1953. if possible, or if not, for the year 1954, andl the remaining instzXhnents for collection with tpe general $axes
for each subsequent consecutive year until the assessment is ped. To +he
firs% insbUment shall be added interest at the rate of 5% per annum on'the
entbe assessment fromthe date of the resolution levying the assessment
until Decder 31 of the year in vhich the first installment is payable, Tp each subsequent installment shall be added interest at 5% per annum for one
year on allunpgd instaUfnents.
4. The full faith and credit of the Village shall be and 5s hereby
irrevocably pledged for the prompt and fill payment of the principal 02 3rd
interest on said bonds. It is estimated that the collectLons of said'special
assessments, together with, the capitalized- interest appropriated to said 1953
Znprovement Rmd, will produce sums not less than 5% in excess of the amounts
needed to pay said principal and interest When due, in accordame with the
pro~~ons CF 1ti.nnesota Statutes, Section 475.61. If at Gy time &e moneys
in said fund should.be insufficipt to pay qll such principal and interest due
the Council shall prov5de sufficient moneys'for such payment @om any other
funds in the treasury of the Village, and such fun& may be reb&ursed from
the proceeds of said special assessmeqts when collected, and the Village
shg21 have -@e po~-re~ and authority to levy ad valorem taxes upon all of the
tmable property within its corporate limits to the exten% required to restore
any deficiency in said fund for the paymen$ of said bonds and interest, r.ri?ich
levy my be made without linktation as to rate or amount.
In' the-event that any such assessment be at any time
I 5. For the purpose of paying the cost of said knprovments and
5.n antkipation of the collection of said special assessments, the VillageI
shall forthwith issue its negotiable coupon general obligation Improvement
Bonds of 1953, payable primaSil,y from said 1953 Improvement Fund. Said bonds
shall be dated as of September 1, 1953, shall be payable prircarily from said
1953-Eoprovement Fund, in the aggregate prhcipal amount of $365,000, Said
bo?lds shall be dated September 1, 1953, shall be 365 in number and mhered
from Z to 365, inclusive, each in the denomination of .$1,000, shall bear
interest at the rate of 2.90% per annum payable semiarnally on Ibch 1 and
September 1 of each year, and shall mature serially, lowest nunibers r"irst,
ih the yews and amounts as follows:
%rough 1960, $25,000 in each of the years 1962 through 1963 and $20,000 i_n
each of the years 1964 and 1965.
red-e~%Lor~ xrid prepayment at
Xarch or the 1st day of Septeniber immediately preceding its stated n2tUTity
date, at a price of prr plus interest to accrue -L;o the daiie specifj-ed for
$50,000 in each of the years 1956
Each of saZd bonds shall bs suhjec-i; to
cj-bicr~ of %>e Tillage on the 1st day of
-
lO/12/53 11
redemption.
serial numbers, lowest numbers firs%, and only ou% of moneys on hand in
said 3.953 Improvement Fund in excess of the sum of the interest to become
due on a11 outstanding bonds of said issue on the then next succeeding in-
terest payment date, '&e Village Clerk is hereby authorized and directed to mail notice of the call of any of said bonds for redemption to the holder,
if lcno~m, and to the bank at rqhich principal and inkerest are then payable,
and %o maintain a regiskm showing the names and addresses of the bondholders
and the serial numbers of their bonds, so far 8s such information is made
available to him. "he prhcipal of and interest on said bonds shall be pay-
able at the main office of the Northwestern National Bank of I\!TinneapoEs, in
ffimexpolis, Ninnesota, and the Village hereby agrees to pay the reasonable
and customary charges of said paying agent for "&e receipt and clisbursement
thereof
Said bonds shall be redemmed however only in order of their
i I
c 6. Satd improvement bonds shall be in substantially the following
form::
c UI?Im STATE OF AMERICA
h -. STATB OF MlB'IlESOTA,
COUNTY OF I33iXKWIN
.. VILLAGE OF EDIIlJA
KNOI.1J ALL NEN BY THESE PRESENTS that the Village of Edina, a duly
corporation of the County of Hennepin, organized and existing municipal
Stake of Rhnesota, acknowledges itself to be indebted and for value
receivod promises to pay to bearer the sum of ONE TEOUSm DOLLARS on
the 1st day of March, IS, or on a date prior thereto on.which this
bond shall have been dulyzalled Tor redemption, and to pay interest
%hereon from the date hereof until said principalsm.be paid, or vatil
this bond has been duly called for redemtion, at the rate of two and
ninety-hundredLhs per cent (2.90%) per annum, payable semiannually on
IImch 1 and September 1 or" each year, interest to maturiky being represen-
ted by and payable in accordance with and upon presentation and surrend.er
02 the interest coupons appurtenant hereto,
are payable at the main office of the Northwestern National Banl: of
Ri.nnea;eol.is, .in Ifinneapolis, Ninnesota, in any coin or currency of the
United States of America which on the respective dates of payment is
legal tender for public and primte debts.
ment of such principal and interest as the same become due the full faith,
credit and taxing powers of the Village are hereby irrevocably pledged,
$365,000, all 02 like date and tenor except as to seriaZ number and matur-
ity, all &sued for the purpose of defraying expenses incurred and to be
bcurred in constructing necessxry street improvements, sanitary sewers a
and water mains in said Ellage, and is issued pursuant to and in full
uonformity r.si%h %he Constitution and laws of the State of Mimesob there-. unto enabling, and pursuant to resolu-Lions adopted by the Village Council,
including a resolution adopted October 12, 1953, entitled ItResolution
Creating 1953 hpfovement Fund and Authorizing and Establishing Terms and
Provisions of Improvement Bonds," to which reference is hereby ma6e for
the covenants and recitals of the Village relating to said bonds. This
bond is payable pDimarily from the 1953 Improvement Fund of %he Village,
to which fund there have been pledged and appropriated all special assess-
ments to be levied for the payment of the cost of said improvements, bu%
the Village Council is required to pay the same out of any funds in the
treasury in %he event that moneys on hand in said fund are at any time
insufficient to meet the payment of maturing principal and interest.
payment at the option of the Village, at per and accrued interest, on
the 1st day of 1-farch or the 1st d-asp of September Mediately preceding
Ats stated maturity date. Such redemption may be made only in order of
serial numbers of the bonds, lowesL nmibers first, and upon notice mailed, at least thirty days prior to the date specified for redemption, to the
holderj if known, of each bond so called Tor redemption, ad to the bank
at which prinuipal and interest are then payable. Bondholders desiring
to receive such notice must register their names and addresses and the
serial numbers of their bonds with the Village Clerk.
Both principal and interest
For the prompt and full pay-
This bond is one of an issue in the aggregate principal amount of
d - Each of the bonds of said issue is subject to redemption and pre-
IT I3 HEFEBY CERTIFIED, REGI'I'ED, COWUN'Il3D AND AGREED that all
ach, conditions and things required.by the Constitution azld laws of the
State of Minnesota to be done, to exist, to happen and to be perfomned
preU.mLnary to and in the issuance of this bond in order to make it a
10/32/53
,valid and binding general obligation of said Village accordbg to its- -
't&m have been done, do exist, have happened and have been perTomned
as so required; that %e estimated collec%ions of special assessnerdxi.
to be ZevzLed for the paYmen.t; of the cost of said improvements and
( heretofore appropriated for the papen% of saLd bonds and inkerest r&Cl.
be jn the years ad in amowts required to produce 'sums hot less than
five per cent (5%) in excess of the amounts required €or such priocipal.
and interest payments; tha* additional ad valorem taxes, ff needed for
the payment of such principal and Lnterest, may be levied upon all tax-
a3le-properl;y i~ the Village wi-bhout Wta%ion as to rate or amount;
and thai; the issuance of this bond did not cause the indebtedness of
said VLllage to exceed any coWtituttonal or statmorg linrttation. I
12
.
IN 'GETNESS 'z21REREOF the Village of: Edina, Hennep3.n County, Etnnesota,
by its Villsge Council, has caused this bond to be executed in its behaX
by the signature of Le %ayor, countersigned by its Village Clerk, a%?d
sealed with its official seal, and the interest coupons hereto appurtenant :
to be executed and authenticated by the facsimile si
and has caused this bond to be dated as of Sept
of said officers, l
I" *
. (Sed)
-c
It0
c On the 3s-t day of &rch (Septmiber), 19-$ the ViUage of v&a,
Hemepin County, Wpnesota, ~Jijl pay to bearer at the main o2fice of
the Northwestern National Bank of @nneapolis, * in IEnneapoZ2s1 Ennesata,
the sum of FOURTEXN AND 50/100 POU&FB 1awfLL money of the United States -
of hepica for interest then due on its lmpqovement Bond of 1953, dated
Septeniber 1, 1953, No, *
(Facsimile signakre )
I - ~ Xayor (Facshile signature) i
Viaage Clerk I .
t
L (Tine fast %vu cou_~ons attached to each bond
tion" . 1 zc
shall include the phraser Wdess the bond
descr;ibed below is called for earlier redemp-
Said bonds shiG be prepared under the direction of %he ViUage
Glerk and shall be executed on beha of the Village by the signature of f&e
Nayor, -countersigned by the Village Clerk, and the corporate seal shaU be
affjxed thereto, and the Anterest coupons shall be ex&xxted and autheaticated
by the printed, engraved or UthQgraphed facshile signatures of said 3kyor
and Village Clerk,, When said bonds have been so executed ad authen-Xcated,
they shall be delivered by Treasurer to the purchaser thereof upon pay-
ment of the purchase price heretofore agreedupon, and said pwchaser shall
mot be obliged to see to the application of the purchase price.
-
7.
*
-
8, me Village Clerk Ls hereby authorized and directed to tra3lsm5t
a certified copy of this resoXution tothe County AudiLor of Hemepin County
for certSlication that the bonds herein authorized have been duly registered, I 9. "he officers 02 the Village and the Caun-by Auditor of Eennepin
County we hereby authorized and directed to prepare and furnish to the pur-
chaser of said.bonds and to the at-borneys approving the legality of the issu-
ance thereof certified copies of allproceedings relating to said bonds and
to the financial affairs of %he Village, and such other,affidavits, certifi-
cates and information as may be required to show the .facts relating to %he
legality and mketabiEty of said bonds as the same appear fron the books
and records under their custody and conk01 or as otherr&se known to them,
azd all such certified copies, qertificates and aXfidavits, imluding my
heretofore furnished, shall be deemed representations of -the Village as
.i;o facts recited %herein*
. The motion Tor the adoption of the foregoing resolution was dulJr
seconded by Trustee Child, and on rollcall, there were four ayes and no nays, as fo2lo.m: Bredesen, aye; Child, aye; Bank, aye; and &Lckson, aye;
10/12/53
whereupon said resolution was declared duly
c-
.. i (Signed)
May02
(Signe
Clerk Bank introduced the following resolution and moved its adoption%
RESOLUTION AUlXORIZING ANlflIRECTING
.. FUND
ISSUANCE OF &6,000 DPROVi3HE T.BONDS OF 1951,
SERIES 1-a, PAXABIE FRO14 THE 1951 FIRST SERE35 IMPIiO~~
.-
BE IT RESOLVED by the Council of the Village of Edim, I&mesota,
as fOllOP&t: ' , --
1, The Village has heretofore issued, sold and deliverhd its
Improvement Bonds of 1951, First Series, in the principal mount of @01,000,
dated as of September 1, 1951, pursuant to and in accordance with the provi-
sions of the resolution adopted Augwt 13, 1951> entitled !!Resolution Creating
2951 First Series hprovement Fund, Providing for and Appropriating Special
Assessments and Taxes for the Support and MaintEnmce,?Thereof, and Directing
Issuance of lkprovement Bonds," vhich resolution is by.reference incorporated
herein and made a part hereof;.and under the provisions of paragraph 2 of
said rcsolu'cion, the Village is authorized to issuet additional improvement
bonds payable from said 1951 First S&ies Improvement Fund, if determined
necessary to borrow additional moneys for the payment ~f the cost of the
hprovements partially financed by said outstanding bonds, due to increase A
of the costs of such improvements over the amounts estkmated in said resolu-
tion, provided that the Village shall undertake and agree to levy special
assessmen-ts and/or general taxes such that the amount of all bonds issued
9n respect of said jmprovements shall not exceed the total cost thereof or
the total amoun't of the assessments and taxes levied therefor.
2. It is hereby found and determined that the total cost or" each
of said improvements is not less than the amount thereof set forth Ln the
following tabulation, as such costs have now been finally ascertained; and
the Vjllage hereby covenants and agrees that special assessments have been
levied or are to be levied for such improvements in an aggregate amount
equal to said total, cost, which amount does not exceed the benefits to be
conferred by said improvements upon the property =able to b'e specially
ass-essed therefor:
Irqbrovements Total Cost
'
Street Znprovment A-12
Sheet Jhprovements C-6 ad G-9
Street linprovements C-10 and C-U.
Street jinprovemen-t, C-12
e Sanitary Sewer 30
Sanitary Sewer 31
'Sanitary Sewer 32
Storm Sewer 20
Stom- Sewejl. 21 - - Vater Nain 28
Water Plains 29 &d 30
$?ate2 Main 30 '
Water Main 32 - Water Hain 33
Water W-ns 34 and 35
t.Jater Hain 36
- To tal $107,276.98
3, 1% is necessary and eQedient that the Village borrow at -
%his time *e additional sum of '$6,000, for the purpose of paying the
rminder of the cost of said improvements, by the issuance of its
3inprovment Bonds of 1951, Series La, in the principal a3Roun'ji of @6,000,
payable from said 1951 First Series Zmprovement Fund on a parity w5th
said outstanding improvement Bonds of 1951, First Series.
said Series 1-a shall be 6 in number and numbered from 1 to, 6, inclusive,
each in the denomination of $1,000, and all bearing date as of Septeniber
1, 1953, shall bear interest, at the rate of 3% per annum, payable semi-
annually on fkch 1 and September 1 of each year, and shall mature seriauy,
loirest numbers first, in the mount of $1,000 on llareh 1 in each of the years 1956 through 1961,
!&e bonds of
Each of said bonds $hall be subject to redemption and
.+
1Q/12/53
prepapent at the option of the Village on the 1st day of $larch or the 1st
day of Septmiber"&nmediately preceding its stated matxwiw-date, at a price
of pay' plus interest to accrue to &e date specified for reden&ion, and such
redemption shall be made only in order of the serial numbers of said bonds,
loprest numbers first, and only out of the moneys on hand in the Sinking Fund
Account or" said 1951 First Series Improvemen6 Fund in exeess of interest to
become due on all outstanding bonds payable from said fund on the then next
succeeding interest payment date.
-l;o mail notice of call of any of saidbonds for redemption to the holder thereof, if known, and to the bank at which princLpa1 and interest are then payable, not
less than khirty days prior to the dzte specified 20r redeqtion, %hereof, zrld
to maintain a register showing the names and adciresses of the bondholders and
the serial numbers of thb Fonds, so far-as such Wokmation is made available
64
' I
The Clerk is hereby authorized and directed
to him, The principal of and intbest on-said bonds shall be Fayable at the .
main office of the Northwestern National Bank of I*finneapolis, in Ydm-eapolis,
IGnnesota, and the Village hFreby agrees to pay the reasonable and customary
charges of said'pay5w agent for the receipt and disbursement thereof,
1
. 4. Said bonds shall be in substantially the t"ol101~~ fom:
* 6 1-
NO. $13 000 - KNOW AI& $EN 3Y THESE PRESZNTS that -the Village of Edina, a duly
organized and &stins municipal corporation of Hennepin County, 3Ennesota;
ackncnd-edges itself to be indebted and for value received promises to pay
to bearer out of its 3.951 First Series 3provement Fund the sum of ONE
THOUSAHD DOLZaRS 'on the 1st day of 3Iarch, 19-, or on a date prior thereto, on which this bond has been duly caned for redemption, and to pay interest
%hereon from the date hereof until said principal sm be paid or un'i5.l tb5s
bond has been duly cued for redemption, at the rate of three per cent (3%)
per annum, payable SemiannuaWy on the kit day of 3krch ankt the 1st day 02 ~
Septeniber in each year, interest to maturi% being represented by and payable
5x1 accordance with and upon presentztion and surrender 02 the interes% coupons-
appurtenaat hereto. Both principal and interest are payable at the main office
of the Northwestern National Bank of EnneapoEs, in Rinneapolis, Hinnesota,
in any coin 01' currency of the United States of America ~rhich: on the respec-
tive dates of paymen% is legal teadm for public and private debts. For the
prompt and €ull-paymen% of such principal and interest as the-same become due
the full. faith,- credit and taxing powers of the Village - me hereby irrevocably
*
*.p pledged, If -
This bohd is one of a series'gn the aggregate principal mount of
$6,000, all of Be date and tenor except as to serskl number and matmi-&.
Said series consi%tut!es pat of an issue in the total princ5pal am~un% of
$107,000, payable' prihkrily from said 1951 First Series 3hprovemen-L Fund,
.i.rhich issue has b'eenkuthorized for the purpose of defraying eKoenses incUr-
red and to be inc'irrred in coatructing necessary hprovements in said Village,
heretofore desigated as Street lhprovements Esos. A-12, C-6, C-9, C-10, C-22
and C-12, Sanita& S&er Ingrovemnts Nos, 30, 31 and 32, Storm Sewer Xqrove-
ments 310s. 20 and 21 'and Water IMn Znyrovernents Nos, 28, 29, 30, 319 32, 33,
34, 35 and 36. Said bonds are issued pursuant to and in fuU conformitg w5th
the Cons-l;iktion'an& 'laws of the State 02 BIinnesota thereunt.0 enabling, and pursuant to reso3h3.6ns duly adopted by the Village Council; rincludh 7 g a reso-
Zu-bion adopted l46gus2 13, 1951, entitled ItResolution Creating 1951 Erst Series
fiprovemnt Fund; Pr6rldbg for and Appropriating Special Assessments for the
Suppore and Xak-tenance Thereof, and Directing Issuwce of Improvment Bonds,
and a supplement&. 'resolution authorizing said Series La, dated October 12, - 1953, to which resolutions refereme is hereby made for the covenants ad
recia of the Village reht5ng to said bonds.
paymeu;'c a% the option of the Village at par and accraed interest, on the Lst
day of Narch or the 1st day of September immediately preceding ifts stated
maturity date, Such $edemption&kfiU be made only in ord-er of serial numbers
of -bh&bori&, lo<Tc& numbers first, and upon notice mailed, at least **tY
da-* prior to the date specified for redemp€ion; 4x1 the holder, 5f
of peach bond so called for redemption, and to the bank at vhich pr5Ecipd and
Wierest are then payable. Bondholders desiring to receive such notice must
register their names and addresses atid the ser5al numbers:of their bonds wif&
the ViUase Clerke
-
IC
Each of the bonds of sa5d issue is subject to redemption and pre-
-
C
I
I
I
4 15 lO/l2/53
TT €ER?BT CERTIFIED, RECITED, COWANTED AND AGFtEED khat all
acts, confitions and things required by the Constitution.and laws of the
State of Rh.nesota to be done, to exist, to happen and to be performed
preliminary to and in the issuance of this bond in order to make it a valid
and- binding general obl5gation of said Village according to its terms have
been done, do efist, have happened and have been performed as so required;
that the Village has duly contracted for the making of said improvements and
will cause the name to be completed with the funds made available by this
issue; that said 1951 First Series Inrprovanent Fund has been duly created
and provLsion has been made for the support thereof by special assessments
to be levied on properties benefited by said improvements in amounts suffi-
cient to pay the interest on the bonds of this issue and the principal
thereof as such interest and principal respectively become due, and the
Coundil is required to pay the same out of any funds in the treasury, iyL
the event that moneys on hand in _said fund are a% any tSme insufficient to
meet the payment of maturing principal and interest; khab general ad valorem
taxes, if needed for said purpose, may be levied upon all taxable proper-@
in the Kllage rdthout lisllitation as to rate or mount; and that %he issuance .
of this bond did not cause the indebtedness of said Village to exceed any
constitutional or statutory limitation,
1
TN GJfTNESS WHWOF -the Village of %&a, Hennepin County, PExtnesota,
by its Village Council, has caused this bond to be executed in its behalf by
the s-ature of its Hayor, attested by its Village Clerk and se&d with its
official seal, andthe interest coupons hereto appurtenan-b to be executed and
authenticated by the facsimile signatures 02 said ozficers, and has caused
this bond to be dated as of September 1, 1953.
Attesii:
(Seal) .
No
/
(Form of Coupon)
r
-. $15.00
On the 1st day of March (September), 1Pe0 %he Village of Edina,
Hennepin County, Ennesota, .will pay to bearer at the main office of the
Northwestem National Bank of Hinneapolis, in Wnneapolis, Einnesota, the
svm of FIF- AND NC?/lOO POIJARS Law€ul money of the United States of
America for interest then due-on i%s EnproTement Bond of 1951, Series 1-a,
dated September 1, ,1953, go.
(Facsimile signature)
+.. Playor
(Facsimile signature)
Village Clerk
-
(The last 2 coupons appuktenands to each
bond shall also include the words,
Wdess the bond descrLbed below is
,called for earlier redemption'!. )
the direction of the Village Clerk and when so prepared shall b.e*executed
on behalf of the Village by the signature of the Mayor, attest6d by the
Village Clerk and the corporate seal shall be Tffixed thereto, and the
inkerest coupons appurtenant thereto shall be executed and. authenticated
by the printed, engraved or lithographed facsimile signatures of said
officers, %hen so executed and authenticated, the bonds shall be deli-
vered by the Village Treasurer to the purchaser thereof upon papent of
the purchase price specified in the contract of sale thereof heretofore
made and executed, and said purchaser shall not be obliged to see to the
applkation of the purchase price, but the same shall be credited to the
Construction Account in said 1951 First ,Series Improvement Fund in the
respective amounts required to complete payment.02 the cest of the imprave-
ments listed in paragraph 1 hereoft
..- - 5. Said bonds shall be forthwith prepared for execution under
6, Said 1953- First Series Improqement "und an& the separate accounts
therein shall.. be continued to be maiq$tained as prclvided- it7_ szjd resolution of
August 13, 1951, and- all special assessments and taxes heretofore levied and
to be levied in respect of each and dl of the improvemen%s referred to in
paragraph 2 hereof shall continue to be paid into the Sinking Furid Account
of said fund, and applied to the papent of the princigal of and interest on the bonds of this issue and said bonds dated September 1, .1%1, without
t6 10/3.2/53
priority of one bond over any other except as ewressly provided in said
'resolu-tion; but the full faith and credit of the Villqge shall be ad is
here6g pledsed Tor the prompt and full payment of the6onds herein authorized
and the interest, an& this Council shall each year include in the Village
tax levy a sufficient amount to take care of any accumulated or anticipaked
deficiency in said 1951 3'irst Series Improvement Fund, and the principal. of
and hterest on the bonds herein authorized shall-be paid out of any other
fmds in the treasury in the event that moneys in said fmd shall at a.qy
time be insufficient to meet such payments when due. It is hereby found
and deterabed that the estimated collectior!s of the special assessments
and ad*valoz?em taxes heretofore covenanted and agreed to be levied for the
payment of the cost of said improvements and heretofore appropria"LRd to
said 1951 First SerZes iinprovement k&d are -hot less-than !% in excess. of
the amoullts needed to meet 37hek &e tsle principal and interest paS;ments OE
each and all of the bonds payable from said fund.
7. The Village Clerk is hereby authorized and direckd to fi3.e
wL-t;h the Go&ty Audi%or of Hennepin County a certified copy of Ws resolu-
tion and to obtak from said County Auditor a certificate setting forth the
registration of satd bonds in his register in accordance mi--t;h--ihe- provisions
of HEnnesota Statutes, Section 475.63.
8, The officers of the Village and the County Auditor of Hemepin
County are hereby authorized and directedto prepaxe and furnish to the pur-
chaser of saidbonds and to the attorneys approving the legality of %he
issuance thereof certified copies of all proceedi~gs and records relating
to said bonds and to the financial affairsof the Village, and such other
affidavits, certificates and informatLon as may be required to show the
facts relating to the leega,li3g_and.xarketabiXty of said bonds as the sane
appear from the books and records under their custody and control or as
otherwise known to them, and all such,certifie&copies, _cer%Sicates an?
affidavits, including any heretofore €'urlrished,
t5.ons of the Village as e0 the facts recited therein
*
Attest: /g5l&Q L*&d -+
Village Clerk
-I ._
I The mot5on for the adoptkon of the foregoing resolution was duly
seconded by '&ustee Child, and upon rollcall there were Fouri AYXS AND IJO N,4yS,
as followsz .Bredesen, aye; Ohild, aye; Bank, aye; and Erickson, we;
Whereupon said resolution T~S declared duly pBsed_ wd adopted,
Clerk Bank introduced the r"03loving resolution and moved its adoption:
-.
BE IT RESOLVED by the Council of the Village of Edina, Hinnesota,
* as fonows: ..
I, The V5Uage has heretofore issued, sold and dexvwed its Improve-
ment Bonds or" 1951, Second Series, in the principal amount 'of $$OO,OOO, dated
as of December 1, 2951, pursuant %o ard in accordance with the.provisions of
the resolution adopted iifovember 26, 1951, entitled "Resolution Creating 1951
Second Series Improvemen% Fund, Providing for and Appropriating Special Assess-
Eats for the Support and 1ki.ntenance Thereof, and Directing Issuance of b-
provemeDt Bonds,lI 17h5ch resolution is by reference incorporated herein and
made a part hereof; and under the provisions of paragraph 2 of said resolu-
tion, the Village is authorized to issue additional improvement bonds payable
fron said 1951 Second Series hprovement Fund, if determined necessary to
borrmr additional moneys for the payment of the cost of the improvements pas-
tially financed by said outstanding bonds, due to increase of the costs of
such 55provements over the amounts esttmatedin said resolution, provided
that the Village shall undertake and agree t0 Xevy special assessments and/or
general taxes such that the amout of a31 bonds issued in respect of said
inrprovements shall not exceed the total cost thereof or the total amount
of the assessments ardtaxes levied therefor,
2, It is hereby found and determined that the total cost of each
02 said improvements is not less than the mount thereof set fora in the
foUow5hg tabulation, as such costs have now been finally ascertained; and
the Village hereby covenwts and agrees that special assessments have been
I,
I
levied-or are to be levied Tor such improvements in an aggregate amourit
equal to said total cost, which amount does not exceed the benefits to be
conferred by said improvements upon the property liable to be specially
assessed thereforr
Inprovemen% s
Street lmpr ovements
A4 A-15 - A-16
A-17
A-18
A-20
-. A-19
B-3
3-4
B-5 B-6
B-’I
e,
C-13 cas
C-16 c-17
C-18
Sanitary Sewer
33
34 35 z
36
37
38 1
39
40
Water Main I
Totdt Cost
$ 2,384,81
8, 9 8 2 83 37 38 39 572 823 027 ko 4,580.05 41 4,0400S7
* 10, h.8S.19
*
Storm Seyer
3-9 161,062 70
* I
Total $5759 259 60
3. It is necessary and expedrlent that the ViUagenborrow a%
this time the additional sum of $75,000, for the purpose of paying the
remainder of the cos% of said improvements, by the issuance ,of Lts %rove-
ment Bonds of 1951, Series 2-a, in the principal amount of ~$75,000, payablep
from said 1951 Second Series jinprovement Fund on a parg-by m5th said out:
standSng Improvement Bonds of. 1951, Second Sprie?, The bonds of said
Series-2-3 shall be 75 in number and numbered from 1. to 75, inclusive,
each .jn the’denomination of $1,000, and all bearing date as of September
1, 1953, shall bear interest. at the rate of 2.908 per annum, payable June
1, 1% and semiannually thereafter on December 1. and Jwre 1 of each year,
and shall mtwe serially, lowest numbers first, in the years and amounts
as folloFrs :
Amount
7 Year - Year &ilol.lnt
1954
,10,000 1955
5,000 1956
10,000 1962 1957 1958 5,000 1963
-
$. 5,obo 1959 $10,000
1960 * 5,000
1961 IO, 000
5,000
10,000
I
fs
Bonds of.this series mhered 1 through 5 shall not be subject to redew-
'%?on prior to maturity, but those nunibered 6 through 75 (maturing in the
yeas 1955 through 1963) shall each be subject to redemption and prepayment
at the optLon of the Village, at par and accrued interest, on the 1st day
of Deceniber or the 1st day- of June immediately preceding tihew respec-Live
stabd maturit;y dates,
serial INnibers of the bonds, lowest nurribers first, and only out of moneys
on hand in the SWng Fund Account of said 1951 Second Series Ihprovement
Fund in excess of interest to become due on all ou'bstandl-ng bonds payable
from said Zund onthe then nex-b succeeding interest papent dah.
is hereby authorized and directed to mail notice of call of any of said bonds
for redemption to the holder thereof, if holm, and to the bank at if&Ch+rin-
c2pl and interest .are :then payable, not less than thirty days prior to the
date specifled for zedejrption thereof, and -to maintain a register shopring- the
names and addresses of the bondholders and the serial nunibers of their bwds,
so far as such information is made available to him.
interest on said bonds shall be payable at the main office of the Northwestern
Na%ional Bank of ExmeapoEs, in l.!Iinneapolis, Ninnesota, and the Vinage -hereby
agrees to pay the ceasonable and customary charges of saLd paying agent for
Such redemption shall be made ody in order of
'&e Clerk
The prbcipal of and
eu
the receipt and disbursement thereof - - 4. Said bonds shall be in substantially %he following form::
._ D*mOm#EW BOND OF 1951,
+?. SERT"rdj 2-a -
*P
NO, *: $1,000
JQKM ALL XI3J GY TH!SE PREsE;NTs that the Village of, Edi, a duly
organized and euistLngzdcipal corporation of the Coun-by of Hennepin,
State of lEnnesotal acknowledges itself to be indebted and for value
received promises go pay the bearer the sum or" OrjE THOUSAlJD DOLLARS on
the 1st day of Decenfber, l9-, or, if this bond is redeemable as noted
below, on a date prior therebo on which it shall have been duly called
for redemption, and tn pay interest thereon from the date hereof until
said princlpal sum-be paid or until this bond, if prepayable, has been , duly called for redemption, at the rate of two and dnety-hundredths per
cent (2.90%) per ams payable June 1, 1954 and semiammally tilereaft9r
on the lst t&y of Bec&er and the 1st day of June in each year, interest
to maturity being represented by and payable in accordance with and upon
presentation and surrencder of the interest coupons appurtenant heretos
90th principal and interest me payable at the main office of the North-
mstern National Bank of Enneapolis, in Einneapolis, Rixmesota, in any
coin or currency cd th.e United States of America which on the respective
dates of payment is legal tender for public and private debts, For the
prompt and full payment of such principal and interest as the same become
due the full faith, credit and taxing potrers of the Village are hereby
irrevocably pledged.
$75,000, all~of Eke date and tenor except as to,serial number, maturity
and redemption privilege.
to"d principal amount of $5?5,000, all issuqd for -be purpose of defraying
eqenses incurred and to be incurred in construc-i;ing necessary street &n-
provements, sanitary sewers, storm severs andl water mains in said Village,
and is issued pursuant to and in full conformity in- the ConstLtutton and
laws of the State or" I-Enneso'Ca thereunto enabling, and p~Pwak to resols- .
tions adopted by the Village Counctl, including a resQlution adopted llovember'
26, 1951, entitled ItResolutlon Creating l95J. Second Series hprovement Fund,
Providing for and Appropriating Special Assessments for %he Support and
lkintenance Thereof, and Direcki-qg Issuance of Improvement Bonds, It and
a supplernentQ resolution adopted October 2, 1953, to lkich resolutions
reference is hereby made for the covenants and recit?ls of the Village relati% to said bonds. This bond is payable prbar&ly from the 1951
Second Series fmprovemnt Fund of the Village, to which fund %here hzve
been pledged and appropriated allspscidL assessment@ to be levied in
respect of said improvements, but the Village CouncQ is required to pay
the same out of any funds in the treasury in the event that moneys on hand
in said fund are at any time insufficient to meet the payment of matwing
principal and interest.
t*
This bond is one of a series in the aggregate principal amount of
Said series oons-bttutes part of anlissue in &e
19 J-0/12/53
tion prior to maturity, but those nunibered 6 through 75 are each subject to
redemption and prepayment at the option of the Vilhge, at par and accrued
interest, on'the 1st day of December or the 1st day of June immediately
preceding their respective stated maturity dates. Such .redemption %rill be
made _only in order of serial nunibers of wle bonds, lowest numbers flrst,
and upon notice mailed, at least thirty days prior to the date specified
for redemption, to the holder, if known, of each bond so called for redempw
tion, and to the bank at which principal and interest are then payable.
Bondholders desiring to receive such notice must register their names
and addresses and the serial numbers of their bonds With the Village Clerk,
fi Bonds of &is series numbered 1 through 5 are not subject to redemp-
i
IT ZS HEfEB'Y CERTIFIE33, RECITED, COVEl&WTED AND AGRSBD %hat all
acts, conditions and things req-ed by the Constitution and lam of the
State of I!Ennesota to be done, to &st, to happen and 'GO be performed
pre3irninmy to and in the issuance of this bo-nd in order to make it a
vaUd and binding general obligation of said Village according to its
terms have been done, do exist, have happened and have been performed
as so required; that general ad valorem %axe&, if needed for payment of
principal of and interest on. this bond, may be levjed upon alz taxable
propexty in the Village without Pimitation as to rate or amount; hd
that the issuance of this bond did not cause the indebtedness of said
Village to exceed any constikutional or statutory IMtation,
IN WITNESS WHEREOF tihe Village of E&&, Hemepin County, Minnesota,
by its Village Council, has caused this bond to be executed in its behalf
by the signatme of its Mayor, countersigned by its Village Clerk; and
sealed with its official seal, and the interest coupons hereto appurtenant
to be executed and authenticated by
cers, and has caused this bond to be
Fayor
..
(Seal) I ..- -I
(Form of ~oupon) _-
NO. 4D-4.50 ($21175)
@I the 1st day of June (December),. as-, the Village of Zdina,
75/lOO) DQLL4RS laWfu3,
. Hemepin County, Einnesota, will pay to-bearer at the main office of
the Nor-bhwestern National Bank of Minnesota, in Enneapolis, lkimesota,
the sum of FOURmN AND $0/100 (TI!BNTY-ONE
money of the UnLted States of AmeriGa for inteFest then due on Xts
Improvement Bond of 1951, Series .2-a, dated-Septeder 1, 1953, No, 0
(Facsimjie signake) ' '-'
Village Clerk
(Facsimile Signature)
_. Mayor
(The last 2 coupons attached to bonds numbered -6 through 75 shall also include the phrase:
l%.less the bond described below is Balled
for earlier redemptionrt ,) ..- 5, Said bonds shall'be forthwith prepared for execution under
the directLon of the Village Clerk and when so prepared shall be executed
on behalf of the Vilbge by the'signature of the Mayor, attested by the
Village Clerk and the'corporate seal shall be affixed thereto, and the
interest coupons appurtenant thereto shall be executgd and authenticated
by the printed, engraved or lithographed facsimile signature of skid .
officers. 'When so executed and authenticated, the bonds shall be deli-
veredby the Village Treasurer to %he purchaser thereof upon paymen: of
the purchase price specified in the contract of sale thereof heretofore
made and executed, and said purchase% shall not be obliged to see to the
application of the purchase price, but the same shall be credited to- the
Conskuction A&coun%s in said 1951 Second Series hprovement Fund in the
respective amounts required to complete payment of the cost of the @rove-
ments Bsted in paragraph 1 hereof,
accounts therein shall continue to be maintained as prodded in said reso- lution of Novemeber 26, 1951, and all special assessments heretofoye levied
-
6, Said 1951 Second Series Improvement Fund and the separabe
20 I lO/aZ/s3
and to be levied in respect of each and 613. of the bprovements referred
to in-paragraph 2 hereof shall con-binue to be paid into the Sinking Wd
Account of saLd fund, and applied to the payment of the principal of'and
interest on the bonds of this issue and said bonds dated December 1, 3-951,
v5thout priori'cy of one bond over any other except as expressly provided in
szid resolution; but the fill faith and credit of the Village shall be and
is hereby pledged for %he prompt md full payment of the bonds herein auth-
orbed ad the interest, and this Council shall each year include in the
VXLla2e tax levy a sufficient amount to take care of any accumulated or anticipat&d deficiency in said 1951 Second Series Bprovement find, and t
the primipal of and interest on the bonds herein authorized shall be paid
out OB any other funds in the treasury in the event that moneys in said fund
shall at any time be insufficient to meet such payments &en clue.
hereby found and determined that the estimated collections of the special
assessments heretofore covenanted and apeed -'GO be leviedfor the payment
of the cost of said jmprovements and heretofore appropriated to said 1951
Second Series Improvement Fund are not less than 5% in excess of the amom%s
needed to meet when due the principal and interest payments on each and
of the bonds payable from said f'und,
It is
7. ?"ne Village Clerk is hereby authorized and directed to file
sdth the County Auditor of Hennepin County a certified copy of this resolu-
tion and to ob- from said County AudZtor a certificate setting forth the
registratLon of sai8 bonds in his register in aceordame dth the provisions
of Ifinnesota Statutes, Section 475.63.
\
8. The officers of the Village and the Cou_rlty Auditor of Hennepin
County zre hereby authorized and directed to prepare and furnish to the pur-
chaser of saidbonds and to the attorneys approving the legality of the
issum5e thereof certified copies of all proceedings and records relattng
to said bonds'and to -the financial affairs of the Village, arid such other
affidaoits, certirFicates and information as may be required to show the
facts relating to the legality and mzeketability of said bonds as the same
appear from, the books and records under their custody and control or as
otherr~se known to them, and all such
affidavib, including any heretofore
tions of the Village as to the facts rec5ted
Attest r I !Nayor
/ * !Re mo-i;ion Tor the adoption of the foregoing resolution was du3r
seconded by !&ustee Child, and upon rollcall there were four AYES and NO T?AB,
as follow& Bredesen, aye; Childj aye;cBank, aye; and Erickson, we;
whereupon said resolution was declared duly passed and adopted.
At this time Einager IEtSiell presented f& the Council*s consideration severa3
changes in the plans for the New Village HaU, suggested by Chairman Utley of
the Tmage Hall Citizen&' Committee; some 62 w&ch involve extras to the
contract, C~mcil discussedthis matter at some length, with Bredesen moving
for approval. of the following Extra items::
-
t
Extra xiring for future Police Department Communications System - $320.00
Installation of 1619a6" cleanout door and necessary lintefs in - * chimney 24.00 " Additional wiring for Aerial
ETo-kon qeconded by Bank &d carried.
45.00
$389.00
At this time consideration was had 63 the fact %fiat that the Contrsctor for the
Vjllage Hall is considerably behind schedule,
1.Tanager $0 notify C,O, Field Company that contract calls for completion'by
December 1, war seconded by Bredesen and carried.
Discussion was had as to the traffic problem at the 50th and France business
district, 95th Trustee Child suggesting that part of the problem is the parking
on 50th Sheet tMs .r.my._from Halifax Avenue,
be investigated.
There being no further business to come before the Council, Bank moved for
adjournment.
Child's mo-bion, directing Village
He recommended that this mtter
Hotion seconded by Child and carried. - 14eeting. adjourned at f2t10
Tuesday,. .October l.3. -
.. +