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HomeMy WebLinkAbout19631104_regular228 10/21/63 the Post Office already lists "Nine Mile Creek Circle" and"Nine Mile Creek Parkway" in the metropolitan area; that it is doubtful that a like name would be approved. Nr. Hite suggested that a name must be found for the street because it will no longer be "Highway No.- 169" when No. 169 is re-routed along the Crosstown Highway. Ilkager and Planning Director directed to names for road and report back to Council. TRE;ASURER'S REPORT, showing Funds Cash Balances as at August 31, was presented, reviewed and ordered placed on file. CLAIMS PAID. dated October 21, 1963, was seconded by MacMillan and carried: and Swim Pool Fund, $69,795.28; Water Fund, $24,135.70; Liquor Fund, $61,075.96; Sewer Rental Fund, $503.56; Improvement Funds, $230.43--TOTAL, $471,028.83. There being'no further business to come before this meeting, Maci4illan moved for adjournment. Tupa's motion, for payment of the following Claims as.per Pre-List General Fund, $129,974. 26 ; Construction Fund, $185,313.64; Park, Park Construction I Motion seconded by Rixe and carri MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY; NOVEHBER 4, 1963, AT 7:OO P.M., AT THE EDINA VILLAGE HALL. Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. 14INUTES of the Regular Meeting of October 21, 1963, were approved as submitted, by Notion VanValkenburg, Seconded by PiacMillan and carried. $2,625,000.00 GENERAL OBLIGATION BONDS' SOLD TO FIRST NATIONAL BANK, bSINNEAPOLIS, AND ASSOCIATES. The Village Clerk presented affidavits of publication of notice of sale of $1,400,000 Improvement Bonds of 1963 proposed to be issued for the financing of various water main, sanitary and storm sewer and street improvement and for the retirement of the Temporary Improvement Bonds, dated September 13, 1963, said affi- davits also showed publication of the notice of sale of $400,000 Waterworks Bonds of 1963 and $825,000 Golf Course Bonds of 1963, all in accord with the resolution adopted by the Council on September 9, 1963. Said affidavits were examined and found satis- factory and directed to be placed on file in the office of the Clerk. The Village Clerk reported that five sealed bids had been received in her office prior to the time of this meeting, which bids were thereupon opened and publicly read and considered and were found to be as follows: I Name of Bidder Iialsey, Stuart E Co., Inc. 1 Kidders Peabody E Co; 1 R.W. Pressprich E Co. 1 Goodbody & Co. 1 A.G.Becker & Co., Incorporated ) Walston E Co., Inc. Barret, Fitch, North & Co., Inc,) blullaney, Hells E Company The White-Bhillips Company, Inc.) Kalman & Company, Eianager 1 Barcus, Kindred & Company 1 Juran & Moody, Inc. ) American National Bank ,St .Paul ) Hartford National Bank E Trust, ) . Hartford, Conn. Paine, Nebber, Jackson & Curtis ) E. J. Prescott & Company 1 Channer'Newman Securities 1 I F. S. Smithers & Co., New York, ) New York ) Maturity Dates Interest -Rate Premium (December 1) 1965-1968, Incl. 2.80% 1969-1973, Incl. 3 .lo% 1974 3.20% 1975 and 1976 3.30% 1977-1980, Incl. 3.40% 1981-1985, Incl. 3.50% 1986 and 1987 3.60% Plus Additional Coupon on All Bonds at 2.40% from 12/1/63-6/1/64 Net Effective Int. Rate - 3.3893% 1965-1967, Incl. 2 . 50%. 1973 and 1974 3 .lo% 1975-1978, Incl. 3 . 30% 1979-1984, Incl. 3.40% 1985-1987, Incl. 3 . 50% Plus Additional Coupon on All Bonds at 2.50% from 12/10/63-6/1/64 Net Effective Int. Rate - 3.29419% 1968-1972, Incl. 2 . 90% $681.50 None 1965-1970, Incl. 3.00% 1971-1977, Incl. 3.25% $4,961.25 1978-1982, Incl. 3.50% 3983-1987, Incl. 3.60% . Plus Additional Coupon on All Bonds at 2.00% from 1/1/64-6/1/64. Net Effective Int. Rate - 3.3979% 11/4/63 Interest Rate Premi gE29 m Name of Bidder Naturity Dates ./ 1969-1971, Incl. 3 . 00% 3 Continental Illinois National Bank) (December 1) and Trust Company of Chicago ) 1965-1968 , Incl. 2 . 80% Hornblower E Weeks 1. 1972 and 1973 3.10% Bathe E Co. 1974 and 1975 3 . 20% $826.88 Ira Haupt E Co. 1 1976 and 1977 3.30% Reinholdt E Gardner 1978-1982, Incl. 3 . 40% Carleton D. Beh Co. 1 1983-1987, Incl. 3.50% White, Weld E Co, 1 Plus Additional Coupon on All Bonds at l.LO% from 1/1/64-12/1/64 Net Effective Int. Rate - 3.33342% First National Bank, Mpls., Manager) 1965-1967, Incl. 2.50% Allison-Williams Co., Mpls. ) 1968-1970, Incl. 2 . 80% Blyth E Co., Inca , Mpls. ) 1971-1974, Incl. 3.00% J.M. Dain E Co., Mpls. ) 1975-1977, Incl. 3 , 20% None Francis I. Dupont E Co., Mpls. ) 1978-1980, Incl. 3 , 30% First National Bank, St, Paul ) 1981-1984, Incl. 3.40% Northwestern National Bank, Mpls. ) 1985-1987, Incl. 3.50% Piper, Jaffray E Hopwood, Mpls, Woodard-Elwood E CO., Mpls. Caldwell Phillips Co., St.Pau1 First ' National Bank, Edina First Southdale National Bank,Edina) )Plus Additional Coupon on All Bonds )at 2.00% from 3/1/64-12/1/64 )Net Effective Intr Rate - 3.28772% Shaughnessy E Co., St.Pau1 1 , Trustee VanValkenburg introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $1,400,000 IMPROVEMENT BONDS OF 1963, $400,000 WATERWORKS BONDS OF 1963, AND '$825,000 GOLF COURSE BONDS OF 1963 BE IT RESOLVED by the Village.Counci1 of the Village of Edina, Minnesota, that in accordance with instructions of this Council, notice has been published of the sale of $2,625,000 negotiable coupon general obligation bonds of the Village consisting of $1,400,000 Improvement Bonds of 1963, $400,000 Waterworks Bonds of 1963 and $825,000 Golf Course Bonds of 1963, all to be dated December 1, 1963, and all bids received pursuant to said notice of sale have been duly opened and considered and the highest and best of such bids is hereby found and determined to be that of FIRST NATIONAL BANK of the City of NINNEAPOLIS, MINNESOTA, and associates named therein, to purchase said $2,625,000 bonds at a price of par and accrued interest, plus a premium of $-0-; the respective issues to bear interest from date of issue until paid as follows: $1,400,000 Improvement Bonds of 1963 Maturity Years Interest Rates 1965 through 196V 1968 through 1970 1971 through 1974 2 . 50% 2 . 80% 3 . 00% and each and a11 of the bonds maturing in the years 1965 through 1974 to bear additional interest at the rate of 2.00% per annum from March 1, 1964 to December 1, 1964, represented by a separate set of coupons designated as rrBrl coupons. $400,000 Waterworks Bonds of 1963 1966 through 1967 2.50% 1968 through 1970 . 2 . 80% 1971 through 1974 3.00% 1975 through 1977 3 . 20% 1978 through 1980 3 , 30% and each and a11 of the bonds maturing in the years 1966,through 1980 bear additional interest at the rate of 2.00% per annum from March 1, 19.64 to December 1, 1964, represented by a separate set of coupons designated as rrBrr coupons. $825,000 Golf Course Bonds of.1963 1966 through 1967 2 . 50% 1968 through 1970 2.80% 1971 through 1974 ,3.00% 1975 through 1977 . 3,20% 1978 through 1980 .3 . 30% 1981 through 1984 3 . 40% 1985 through 1987 3,50% and each and all of the bonds matuping in the years 1966 through 1987 to bear additional interest at the rate of 2.00% per annum from March 1, 1964 to December 1, 1964, represented by a separate set of coupons designated as rrB1l coupons. the acceptance of the Village upon duplicate copies of said proposal and to return a copy thereof to said bidder and to file the original in the office of said Clerk. faith check furnished by said successful bidder shall be retained by the Village Treasurer pending delivery of the bonds and payment of the purchase price, and the checks of other bidders shall be returned to them forthwith. The Mayor and the Village Clerk are hereby authorized and directed to endorse The good 230 11/4/63 .. The motion for the adoption of the foregoing resolution was duly seconded by Trustee Tupa, and. on Rollcall there were five Ayes and no Nays, as follows: MacMillan, aye; Rixe., aye; Tupa, aye; VanValk the Resolution was declared duly passed and a ~ Trustee VanValkenburg then introduced the following Resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEMENT BONDS OF 1963,PAYABLE FROM THE IMPROVEMENT BOND REDEMPTION. FUND BE IT RESOLVED by the Council of the Village of Edina, tIinnesota,'as follows: 1. By resolution adopted December 30, 1957, this Council created the Temporary Improvement Fund of the Village of Edina. The only bonds now outstanding which are payable from said fund are the Temporary Improvement Bonds, in the amount of $1,000,000, dated September 13, 1963, bearing interest at the rate of 2% per annum, maturing December 13, 1963, without option of prior payment;*which bonds were issued pursuant to and in accordance with an authorizing resolution adopted September 9, 1963, and were sold to and are now held by The American National Bank of Saint Paul, St.Pau1, Minnesota, as set forth in said resolution. Said Temporary Improvement Bonds were issued to pay a portion of the cost of various improvements, pending the levy and collection of special assessments therefor and the issuance of definitive bonds as herein provided. It is hereby determined that said Temporary Improvement Bonds shall be retired by the issuance of a like amount of definitive improvement bonds pursuant to Minnesota Statutes 1961, Section 429.091, Subd. 3, and that the remaining cost of said improvements and additional improvements listed herein shall also be paid by the issuance of definitive improvement bonds, , i 2. The Village has ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearing as required by law, the construction of various improvements as more fully described below, including improvements temporarily financed as recited above, and has duly ordered, received and approved plans and speci- fications and entered into contracts for the construction of said improvements after proper advertisement for bids. The total benefits resulting from each of said improve- ments to the properties within the area proposed to be assessed therefor, as hereto- fore defined, will be not less than the cost of such improvements. that the total amount of such cost, less such sum, if any, not exceeding 80% of such cost, as the Council shall determine should be paid by the Village, will be assessed against those lots and tracts specially benefited by said improvements. ments will be made payable in ten equal annual installments, except that the assess- ments for blacktopping improvements will be payable in five installments and those for paving will be payable in fifteen installments, together with interest at the rate of five per cent per annum on the balance of the assessments remaining unpaid from time to time; will be spread upon the tax rolls of the Village commencing in 1964, and will be collected in 1965 and succeeding years. easements and rights-of-way over all streets and other property required for the construction of each of said improvements. ments and the estimate of cost thereof are as follows: I It is contemplated Such assess- The Village now owns The designation of each of said improve- I MF' ROVE lGNT S Storm Sewer Improvement No. 63 Storm Sewers ' Storm Sewer Improvement No. 64 Storm Sewer Improvement No. -76 Storm Sewer Improvement No. 77 - Sanitary Sewers Sanitary Sewer Improvement No. 182 Sanitary Sewer Improvement 110. 190 Sanitary Sewer Improvement No. 199 Sanitary Sewer Improvement No. 201 Sanitary Sewer Improvement No. 202 Sanitary Sewer Improvement No. 203 Sanitary Sewer Improvement No. 204 Sanitary Sewer Improvement No. 205 Sanitary Sewer Improvement No. 206 Sanitary Sewer Improvement No. 207 Street Improvement No. A-154 Street Improvement No. A-155 Streef Improvement No. E-10 Street Improvement No. E-18 Street Improvement No. BA-55 Street Improvement No. BA-56 Street Improvements ESTIMATED TOTAL COST. $ 1,509.69 8,762.70 9,035 e48 5,712.35 $ 42,305.39 133,867.82 2,817 . 66 8,503.25 3,082.04 147,621.49 42,198 . 22 4,195.63 1,79 8 71 52,132 .91 6,106 63 52,351.77 81,384 . 17 288,716.75 22,157.04 80,&15.47 $25,020 . 22 $438,523.12 $531,331,83 11/4/63 238 Watermain Improvements Watermain Improvement No. 168 , Watermain Improvement No. 169 Watermain Improvement No. 170 Watermain Improvement No. 171 *Watermain Improvement No. 172 Watermain Improvement No. 174 Watermain Improvement No. 175 Watermain Improvement No. 176 65,867.81 21,387.51 52,996.68 311,257.99 174,758.23 30 , 222 0 19 99880.27 36,448 094 TOTAL $502,819 . 62 $1,497,694.79 3. The Village Treasurer is hereby authorized and directed to pay all interest accrued on the Temporary Improvement Bonds, as of December 13, 1963, and to pay and retire the principal amount of said bonds, all out of the proceeds of the definitive Improvement Bonds of 1963 herein authorized, and to cancel said temporary bonds. respect to the improvements listed in paragraph 2 hereof, shall be credited to the respective improvement funds heretofore created for said improvements until the cost of each of the improvements, as set forth in paragraph 2, shall have been fully paid. Out'of the proceeds of sale of the definitive bonds herein authorized there shall also be credited to said improyement funds amounts equal to the cost of the respective improvements as listed in paragraph 2. to pay the costs and expenses of the making thereof, as such expenses are incurred and allowed, provided that (1) there shall be transferred from the fund of each improvement to the Improvement Bond Redemption Fund created by Ordinance No. 14 of the Village, dated August 31, 1955, an amount equal to interest, if any, computed at 5% per annum on the cost of such improvement from the date of issue of the definitive bonds herein authorized to the date upon which the assessment roll for such improvement,shall be finally confirmed, and (2) upon completion of each of said improvements any unexpended portion of the bond proceeds still held in the fund thereof may be transferred to the fund of any other improvement listed in paragraph 2, or may, if directed by the Council, be transferred to the fund of any other improvement to be financed by the issuance of bonds under Minnesota Statutes, Chapter 429, and (3) upon completion of all of said improvements, any unexpended balance remaining in the funds thereof, and all subse- quent collections of special assessments and taxes, if any, levied with respect to said improvements, shall be and are hereby appropEiated to the Improvement Bond Redemption Fund. The special assessments, and taxes if any, levied and to be levied with The fund of each improvement shall be used solely 4. As to those improvements described in this resolution, the cost of which has not heretofore been assessed, the Village hereby covenants and agrees that it will do and perform, upon the completion thereof, all acts and things necessary for the final and valid levy of special assessments upon properties within the areas hereto- fore designated to be assessed for such improvements, in an aggregate amount equal to the total cost of such improvements as the same shall finally be ascertained, less such sum, if any, not exceeding 80% of such cost, as the Council shall determine should be paid by the Village. improvements described in this resolution shall be at any time held invalid in respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or this Council or any of the Village's officers or employees, in the making of such assessment or in the performance of any condition precedent thereto, the Village also covenants and agrees that it will forthwith do all such further acts and take a11 such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. In the event that any assessment €or any of the 5. For the purpose of providing funds to pay and retire said Temporary Improvement Bonds, and for the purpose of paying cost of the improvements described in paragraph 2, in anticipation of the collection of special assessments levied therefor, the Village has authorized and contracted for the sale of definitive Improvement Bonds in the amount of $1,400,000, subject to further terms and conditions as hereinafter stated. hereby irrevocably pledged for the prompt and full payment of the pFincipa1 of and interest on said bonds. Said bonds shall be primarily payable from the Improvement Bond Redemption Fund created by Ordinance No. 14, on a parity with improvement bonds heretofore issued pursuant to said ordinance, but if the moneys in said fund should at any time be insufficient to pay all principal and interest due on such bonds, moneys to restore such deficiency in the manner set forth in said ordinance. special assessments and taxes heretofore levied and appropriated to the Improvement Bond Redemption Fund, together with the cash balance now on hand in said fund, are estimated to be collectible in the years required and in amounts sufficient to produce sums very substantially more than 5% in excess of the annual amounts of principal and interest to become due on all Improvement Bonds payable from said fund, including the issue herein authorized. the payment of principal and interest on this issue, under the provisions of Minnesota Statutes 1961, Section 475.61. expressly recognized and affirmed, to levy a tax upon all taxable property within its corporate limits, without limitation as to rate or amount, if found necessary for the payment of such principal or interest. The full faith and credit of the Village shall be and are 'including this issue, the Village covenants and agrees that it will provide sufficient The Accordingly, no tax is presently required to be levied for However, the obligation of the Village is 11/4/63 6. The definitive Improvement Bonds to be 2 3.2 of sale heretofore entered into-by The Village shall form, designated as "Improvement Bonds of 1963", and Said bonds shall be280 in number and numbered from 1 denomination of $5,000, and shall mature serially in issued pursuant to the contract ' be issued in negotiable coupon dated as of December 1, 1963. to 280, inclusive, each in the the, amount of $140,000 on December 1 in each of the years 1965 through 1974, all without option of prior payment. interest at the respective annual rates set forth opposite said maturity years, from date of issue until paid: The bonds of said issue maturing in the years set forth below shall bear Haturity Years Serial Numbers Interest Rates 1965 1 through 28 2 , 50% 1966 29 through 56 2.50% 1967 57 through 84 2.50% 1968 85 through 112 2 . 80% 1969 113 through 140 2.80% 1970 141 through 168 2.80% 1971 169 through 196 3.00% . 1972 197 through 224 3.00% 19 73 225 through 252 3.00% 1974 253 through 280 3.00% Each and all of said bonds shall bear additional interest, represented by a sepaEate set of "Brt coupons, at the rate of 2.00% per annum from March 1, 1964 to December 1, 1964. in each year, commencing June 1, 1964. First First National Bank of Minneapolis, Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and disbursement thereof. The interest on the bonds shall be payable semiannually on June 1 and December 1 Both principal and interest shall be payable at 7. Said improvement bonds and the interest coupons appurtenant thereto shall be in substantially the following form: UNITED STATES OF AERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA IIllPROVEMENT BOND OF 1963 No . .$ KNOW ALL LEN BY THESE PRESENTS that the Village of Edina, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of option of pFior payment, and to pay interest thereon at the rate of until said principal sum be paid, plus additional interest at the rate of THOUSAND DOLLARS on the 1st day of December, 19 -, without per cent ( %).per annum from the date hereof %) per annum from per cent ( ¶ 19 - to 9 19-9 such interest being payable semiannually on June 3 and December 1 of each year, commencing June 1, 1964, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenanthgbeto, which are in.two sets, one representing interest at the basic rate above set forth from date of issue to the maturity hereof and the other set, designated as (a) rlB1r coupon(s), representing interest at the additional rate for the period above set forth. principal and interest are payable at Both in 9 , in any coin or currency of the United States of Americarlwhich on the respective dates of payment is legal tender for public and private debts. respectively become due the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. For the prompt and full payment of such principal and interest as the same I This bond is one of an issue in the aggregate principal amount of $1,400,000, all of like date and tenor except as to serial number, interest rate and maturity, all issued €or the purpose of refunding temporary improvement bonds of said Village and defraying expenses incurred and to be incurred in constructing necessary local improve- ments heretofore duly ordered and contracted to be made in accordance with the provisions of lqinnesota Statutes, Chapter 429, and is issued pursuant to and in full conformity with . the Constitution and laws of the State of LNinnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council, the Improvement Bond Redemption Fund of said Village, irrevocably appropriated taxes and special assessments levied and to be levied for the payment of the cost of local improvements financed by this and other issues of bonds, but the Council is required to pay the principal of and interest on all such bonds out of. any fund of the Village if the taxes and assessments collected at any time should be insufficient to meet the same. ' This bond is payable primarily from to which fund there have been 233 11/4/63 IT.IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this band in order to make it a valid 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 the estimated collections of said taxes and special assessments will produce, if collected in full, sums at least five per cent (5%) in excess of the amounts needed to meet when due the principal and interest payments on all bonds pay- able from the Improvement Bond Redemption Fund; that additional ad valorem taxes, if needed for the payment of such principal and interest, may be levied upon all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, and has caused &he interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be executed and authenticated by , the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, and has caused the reverse side hereof to be executed and authenticated by the facsimile signature of said officers, and has caused this bond to be dated as of December 1, 1963. I11 'IJITiUESS WHEREOF the Village of Edina, Hennepin County, Minnesota, by its (.Facsimile signature) Mayor Countersigned: - M w a Village Manager 4 SEAL) (Form of Coupon) NO e $ County, Itlinnesota, will pay to bearer at in 9 On the 1st day of June (December), 19 - , the Village of Edina, Henn epin , the sum shown hereon in lawful money of the United States of America for interest then due on its Improvement Bond of 1963, dated December 1, 1963, No. (Facsimile signature) Village Manager (Facsimile signature) Mayor (Form of certificate to be printed on the reverse side of each bond, following a full copy of the legal opinion on the issue) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of bonds of the Village of Edina which includes the within bond, dated as of the date of delivery of and payment for the bonds . (Facsimile signature) Village Manager (Facsimile signature) Mayor 8. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the facsimile signature of the Mayor, countersigned by the manual signatuGe of the Village Manager, and the corporate seal shall be affixed thereto, and thedinterest coupons shall be exeucted and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and.Village Manager. When said bonds have been so executed and authenticated B~-~ke-~e~~te~r-e~~ea~e~-e~-~~~ke~~a~~e~-€aes~m~~e-3~~~~~u~es-e€-sa~~-~a~e~-a~~ they shall be delivered by the Treasurer to the purchaser thereof,upon payment of the purchase price heretofore agreed upon, and said purchaser shall/Bgtobliged to see to the application of the purchase price. 9. The Village Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the County Auditor of Hennepin County for certi- fication that the bonds herein authorized have been duly registered, :234 11/4/63 10. The officers of the Village and the County Auditor of Hennepin County c re hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of tge issuance thereof certified copies of all proceedings relating to said bonds, and to the financial affairs of the Village, and relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the $acts recited therein. P such other affidavits, certificates and information as may be required to show the facts The motion for the adoption of the foregoing resolution was duly seconded.by Trustee Tupa, and on Rollcall there were five ayes nays, as follows : tlIacMillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and the resolution Trustee VanValkenburg then introduced the following resolution and moved its adoption : A RESOLUTION FIXING THE FORM AND DETAILS OF $400,000 WATERWORKS BONDS OF 1963 AND LEVYING TAXES FOR TH€ PAYMENT THEREOF BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Flinnesota, as follows : 1. The Village has heretofore sold its negotiable coupon general obligation bonds designated as "Waterworks Bonds of 1963 in the total principal amount of $400,000 to FIRST NATIONAL BANS of l4I"EAl?OLIS, MINNESOTA, as lowest and best bidder. The bonds are being issued for the purpose of financing the construction of four wells, including pumps, feeder mains, and iron removal plants, all of which constitute improvements of and for the municipal water system, best interest of the Village forthwith to proceed with the issuance of said bonds. It is hereby found and determined to.be in the 2. Said bonds shall be dated December 1, 1963, shall be 80 in number and numbered from 1 to 80, inclusive, each in the denomination of $5,000, and shall mature serially, lowest numbers first, without option of prior payment, on December 1 in the amount of $10,000 in each of the years 1966 through 1970, in the amount of $20,,000 in each of the years 1971 through 1975, and in the amount of $50,000 in each of the years 1976 through 1980. numbers set forth below shall bear interest at the respective rates per annum set - opposite said maturity years, from date of issue until paid: The'bonds of said issue maturing in the years and bearing the serial Maturity Years Seri83; No, Interest Rate 1966 1 and&;', : 3 2.50% 1967 ,3 andh& . :I 2.50% 1968 5 and 6 2 . so% 1969 7 and 8 2,ao% 19 70 9 and 10 2 . 80% 19 71 11 through 14 3.00% 1972 15 through 18 3,00% 19 73 19 through 26 3 -00% 1974 23 through 26 3.00% 1975 27 through 30 3 . 20% 19 76 31 through 90 3.20% 1977 Y1 through 50 3.20% 19 78 51 through 60 3.30% 1979 61 through 70 3 . 30% 1980 71 through 80 3 . 30% Each and all of said bonds shall bear additional interest, to be represented by a separate (set of) coupon(s) designated as (a) llBlt coupon(s), at the rate of 2.00% per annum from March 1, 1964 to December 1, 1964. be payable June 1, 1964, and semiannually therefter on June 1 and December 1 of each year. BANK in t41NNEAPOLIS, MINNESOTA, and the Village agrees to pay the reasonable. charges of such paying agent. 3. The interest on said bonds shall The Principal of and interest on said bonds shall be payable at FIRST NATIONAL Said bonds and the interest coupons to be thereto attached shall be in substnatially the following form: 11/4/63 235 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA WATERWORKS BOND OF 1963 i NO ($1,000) ($5,000) KNOW ALL MEN BY THESE PRESENTS that the iillage of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of option of prior payment, and to pay interest thereon at the rate of per cent ( plus additional interest, represented by a separate (set of) coupon(s) designated as t'Btt coupon(s.), at the rate of %) per annum from . , 196 to 196 such interest being payable semiannually on the 1stTay of June and the 1st day, of D&nber in each year, commencing June 1, 1964, and interest to maturity being payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto. Both principal and interest are payable at THOUSAND DOLLARS on the 1st day of December, 19 - , without %) per annum from the date hereof until said principal sum is paid, - per cent ( , in , in any coin or currency of the United States of *America which on the date of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the Village have been irrevocably pledged. This bond is one of an issue of bonds in the aggregate principal amount of $400,00, all of like date and tenor except as to serial number, interest rate and maturity, issued by said Village for the purpose pf providing money for the improve- ment of the municipal water system of the Village and is issued pursuant to resolutions duly adopted by the Village Council, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Section 444.075, Minnesota Statutes, as amended, IT'IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond in order to make it a valid and binding general obligation of the Village according to its terms have been done, have happened, do exist, and have been performed in regular and due form, time and manner as so required; that prior to the issuance hereof, the Village has covenanted and agreed to impose and collect charges from the users of the municipal water system according to schedules which will produce net revenues sufficient to pay the interest hereon and the peincipal hereof as the same respectively become due, and to create and maintain an additional reserve for such payments, and has appropriated and pledged such net revenues to the sinking fund established for payment of said bonds, provided that if such revenues should prove insufficient, the Village will levy'ad-valorem-.taxes -uponiall th6 taxa&qmopek%y within the Village without limitation as to rate or amount as necessary to make such payments; and that this bond together with a11 other indebtedness of said Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitut- ional or statutory limitation of indebtedness, IN WITNESS WHEREOF, the Village of Edina, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, and has caused the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be exenuted and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of December 1, 1963, (Facsimile signature) Mayor Countersigned : Village Manager ( SEAL) 236 1 11/4/6 3 (Form of Coupon) No. $ On the 1st day of June (December), 19 -' the Village of Edina, Hennepin County, l.Iinnesota, will pay to bearer at . in .- . , the amount hereon in lawful money of the United States of America, for the installment of interest then due on its Waterworks Bonds 0 - of 1963 dated December 1, 1963, No. (Facsimile signature) Village Manager (Facsimile signature) . . Mayor (Form of certificate to be printed on the reverse side of each bond, following a full;.copy of the legal opinion on the issue). We certify that the above is a full, true and correct copy of the legal opinion .rendered by bond counsel on the issue of Waterworks Bonds of 1963 of the Village of Edina, Hennepin County, Hinnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) Village Manager (Facsimile signature) Mayor 4, Said bonds shall be prepared under the direction of the Village Clerk and when so prepared shall be executed in behalf of the Village by the facsimile signature of the Mayor and attested by the Village Manager and the corporate seal of the Village shall be affixed thereto, and the appurtenant interest coupons and the legal opinion certificate on the reverse side of the bonds shall be executed and authenticated by the printed, engraved or lithographed said Mayor and Village Manager, When said bonds have been cated, the same shall be delivered by the Treasurer to the receipt of the purchase price and said purchaser shall not proper application thereof. . facsimile signatures of so ercecuted and authenti- purchaser thereof on be required to see to the !3* The Village has heretofore issued and now has outstanding Waterworks Revenue Bonds of various series in the total principal amount of $433,000, issued and secured as provided in the resolution dated February 23, 1953, entitled "Reso- lution Providing for the Issuance of tlaterworks Revenue Bonds of 1953". constitute a first and prior lien on the net revenues from time to time received from the operation of the municipal waterworks system, in excess of the current costs of the operation and maintenance thereof, which have been appropriated to the Sinking and Interest Account of the Waterworks Fund in'the amounts from time to time required &o pay principal and interest currently due on said bonds, and have been appropriated to the Reserve Account of said fund in the amount necessary to maintain in that account a balance at all times equal to the sum of the principal and interest payments due on said 3onds during the ensuing twelve months. Village has reserved the privilege of issuing additional bonds for the improvement of the waterworks system, and of making the same payable from said net revenues under certain conditions therein stated, The Waterworks Bonds of 1963 are authorized and shall be issued and the proceeds thereof used solely for the purpose of financing the construction of wells, including pumps, feeder mains and iron removal plants, which constitute capital improvements to the waterworks system necessary for the adequate service of the residents of the Village, and these bonds may therefor properly be issued under the authority so reserved, . These bonds In paragraph 5 of said resolution the 6. The conditions now exist, as prescribed in paragraph 5.8 of said reso- lution dated February 23, 1953, for the issuance of the Waterworks Bonds of 1963 as a first lien on the net revenues, payable from the Sinking and Interest Account on a parity with said outstanding bonds, viz. ; as definied in said resolution, for the period of twelve months prior to the date of this resolution, have been substantially in excess of one and one-quarter times the average of the annual amounts of principal and interest payable upon all of said out- standing bonds plus the additional bonds now issued, computed for the remainder of the terms of said outstanding bonds; the net revenues for each of the calendar years 1960 through 1962 having been in excess of $90,000, and the average annual principal and interest requirements of the outstanding bonds and the Waterworks Bonds of 1963, prior to the final maturity of the outstanding bonds in 1974, being in an amount not exceeding $69,000. Accordingly, it is hereby determined, and the Village hereby covenants and . agrees with the holders from time to time of each and aU of the Waterworks Bonds of . 1963, that said bonds and the interest thereon shall be payable from the Sinking and Interest Account of the Waterworks Fund on a parity as to both principal and interes-t with said outstanding bonds, without preference or priority of any bond over any other bond except as specifically stated in said resollution of February 23, 1953; and that until the full payment of said bonds and interest the Village will continue to maintain The net revenues of the waterworks utility, 11/4/63 the Waterworks Fund and the separate accounts therein as provided in said resolutio dated February 23, 1953, and will promptly and fully comply with each and all of the covenants and agreements contained in said resolution, as fully as though said bonds were specifically described and authorized therein. 5 7. Pursuant to the provisions of Minnesota Statutes Section 444.075, Sub.3, as amended by Laws 1963, Chapter 696, the full faith, credit and taxing powers of the Village are also irrevocably pledged for the prompt and full payment of the principal and interest on the Waterworks Bonds of 1963 as such principal and interest.respectively become due. There is now on hand in the Reserve Account of the Waterworks Fund a balance of cash or investments not less than the sum of the principal and interest to become due on all bonds payable from the Sinking and Interest Account, including the Waterworks Bonds of 1963, to and including December 31, 1964; and the Village is required under the covenants contained in said resolution dated February 23, 1953, to impose and collect charges for water service at the times and in the amounts required to produce net revenues adequate to apy all such principal and interest when due and to maintain ' said reserve. and interest. on hand in the Reserve Account should be less than the sum of such principal and interest to become due in the ensuing calendar year, the Village covenants and agrees that it will levy, in accordance with Minnesota Statutes, Section 475.61, upon a11 taxable property within its corporate limits and without limitation as to rate or amount, a tax sufficient, with the balance then on hand and appropriated therefor, to pay all such principal and interest. Accordingly, no tax is presently levied for the payment of such principal However, if on October 1 in 1964 or in any subsequent year, the balance 8. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution, together with,. such other information as the County Auditor may require, andto obtain from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register. 9, The officers of the Village and the County Auditor of Hennepin County p are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and affairs of the Village, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and market- ability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and a11 such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded by Rixe, aye; Tupa, aye; VanValkenburg, aye; an Trustee Tupa, and on Rollcall there were five ayes and no nays, as follows: MacMillan, esen, aye; and the Resolution Trustee VanValkenburg then introduced the following resolution and moved its adoption : RESOLUTION ESTABLISHING THE FORM AND TERMS AND COVENANTS SECURING THE PAYMENT OF $825,000 GOLF COURSE BONDS OF 1963 BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, as follows: 1. The Golf Course Bonds of 1963 heretofore advertised and sold by the Village shall be dated December I, 1963, shall be (825) (165) in number and numbered from 1 to (825) (1651, inclusive, each in the denomination of ($1,000) ($5,000), and shall mature serially, lowest numbers first,.without option of prior payment, on December 1 in the years and amounts stated below, and shall bear interest at the respective rates per annum stated opposite their maturity years, from date of issue until paid: Maturity Interest Maturity Interest Years Amount Rates Years Amount Rates 1966 $25,000 2 , 50% 1977 $40,000 3.20% i- 1967 1968 1969 1970 19 71 1972 1973 19 74 1975 1976 25,000 25,000 25,000 25,000 35,000 35,000 35,000 35,000 35,000 35,000 2 . 50% 2 . 80% 2.80% 2.80% 3 00% 3.00% 3.00% 3.00% 3 . 20% 3 . 20% 1978 1979 1980 1981 1982 1983 19 84 1985 1986 1987 40 io00 40,000 40,000 40,000 40,000 50,000 50,000 50,000 50,000 50,000 3 . 30% 3 . 30% 3.30% 3.40% 3.40% 3 . 40% 3.40% 3.50% 3.50% 3 . 50% 238 \ 11/4/63 \ Each of the bonds shall also bear adaitional interest at the rate of 2.00% per annum from March 1, 1964 to December 1, 1964. on June 1 and December 1 of each year, commencing June 1, 1964. The principal of and interest on the bonds shall be payable at FIRST NATIONAL BANK, in MINNEAPOLIS, ldINNESOTA, and the Village agrees to pay the reasonable charges of such paying agent. The interest shall be payable semiannually 2. The bonds shall be in substantially the following form: UNITED STATES OF &*ERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA GOLF COURSE BOND OF 1963 ($1,000)($5,000) iJ0. KNOW ALL IEN BY THESE PRESENTS that the Village of Edina, Hennepin County, blinnesota, acknowledges itself to be indebted and for value received promises-to pay to bearer the sum of option of prior payment, and to pay interest thereon at the rate of THOUSAND DOLLARS on the 1st day of December, 19 -' without per cent ( %) per annum from 9 19 to , 19-; such interest being payable semiannually on the 1st day of June and the 1st day of December in each year, commencing June 1, 1964, and interest to maturity being payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, consisting of one set serially numbered represent- ing interest to maturity at the basic rate applicable to this bond, and a separate set numbered B-1 through B- , representing interest at the additional rate payable for the limited period stated above. in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. payment thereof as the principal and interest respectively become due the full faith, credit and taxing powers of the Village have been irrevocably pledged. Both prinFipal and interest are payable at , , in Y For the prompt and full I - This bond is one of an issue of bonds in the aggregate principal amount of $825,000, all of like date and tenor except as to serial number, interest rate and maturity, issued by the Village for the purpose of financing the construction of a municipal golf course as a public recreational facility of the Village and is issued pursuant to resolutions duly adopted by the Village Council and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Laws 1961, Chapter 655. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond in order to make it a valid and binding general obligation of the Village according to its terms have been done, have happened, do exist, and have been performed in regular and due form, time and manner as sorrequired; that the Village has pledged and appropriated to the special fund for the payment of the bonds so much of the net revenues to be derived from the operation of the municipal golf course and of the municipal liquor dispensary as shall be required to pay the principal thereof and interest thereon when due and to establish and maintain at a11 times a reserve equal to the average annual amount of such principal and interest, provided that if such revenues should at any time prove insufficient for these purposes the Village is required to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount, for the payment of the bonds and interest thereon when-due; and that this bond, together wi%h all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of indebtedness. I IN WITNESS IJHEREOF, the Village of Edina, Hennepin County, Idinnesota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, and has caused the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of December 1, 1963. . (Facsimile signature) . . Mayor Countersigned: Village Manager (SEAL) 11/4/63 23 (Form of Coupon) 4 NO $ On the 1st day of June (December), 19 - , the Village of Edina, Hennepin , the amount hereon in lawful money of the County, Minnesota, will pay to bearer at Y in United States of America, for the installment of interest khen due on its Golf Course Bond of 1963 dated December 1, 1963, No. e (Facsimile signature) Village Manager (Facsimile signature) . Mayor (Form of certificate to be printed on the reverse side of . each bond, following a full copy of the legal opinion on the issue.) We certify that the above is-a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Golf Course Bonds of 1963 of the Village of Edina, Hennepin County, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) Village Manager Mayor 3. The bonds shall be prepared under the direction of the Village Clerk and executed in behalf of the Village by the printed, engraved or lithographed fac- simile signature of the Mayor, manually attested by the Village Manager, and the corporate seal of the Village shall be affixed thereto, and the appurtenant interest coupons and the certificate on the reverse side of the bonds referring to the legal opinion thereon shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Village Manager. When the bonds have been so executed and authenticated, the Treasurer shall deliver them to the purchasers in accordance with the contract of sale heretofore entered into, on receipt of the agreed purchase price including accrued interest to the date of such delivery, and the purchaser shall not be required to see to the proper application of the proceeds of the bonds. 4. The Golf Course Bonds of 1963,are authorized to be issued to finance the construction and equipment of the municipal golf center which is now under construction pursuant to plans and specifications heretofore approved, consisting of an eighteen hole championship course of 6,500 yards; a parthree 9 hole course of approximately 1,200 yards; a twenty position driving range; a practice putting green of 1,000 square feet; a 6,500 square foot clubhouse with.350 men's and 150 women's lockers, a pro shop and eating facilities, the whole occupying approximately 200 acres of the 445 acre Hayes Farm park site now owned by the Village described as follows : , Section 7, Township 116 N., Range 21 W. Southeast Quarter (SE1/4) and South Half (S1/2) of Northeast Quarter (NE1/4); also South Ten (10) acres of Northeast Quarter of Northeast Quarter (NE1/4 of NE1/4) and that part of the Southwest Quarter (S5?1/4) lying Easterly of Highway; also that part of South Half (S1/2) of Northwest Quarter (NWL/4) lying South of Road and East of West 950 feet thereof except roads and except Highway - (Parcel 640, Plat 73607) - and (SW1/4 of NW1/4) lying Easterly of Highway - (Parcel 605, Plat 73607) - and That part of the West 950 feet of the Southwest Quarter of Northwest Quarter Section 8, Township 116, Range 21 W. West Quarter (W1/4) of Northweat Quarter (NW1/4) of Southwest Quarter (SW1/4) except road. -(Plat 73608, Parkel 5500). Minnesota Laws 1961 Chapter 655, which became effective May 18, 1961, upon approval by resolution adopted by the vote of a majority of all members of the Village council, filed with the Secretary of State that date, authorizes the Village to issue the bonds for the acquisition and betterment of the golf center as a municipal recreational facility, including a11 of the land improvements, buildings and equipment which have been included in the plans and,specifications and are deemed to be use ful for the operation of the municipal program of public recreation, parks and'playgrounds. The proceeds of the bonds are appropriated to a construction fund which has heretofore been created for this purpose, and shall be used solely to pay the costs necessarily incurred and to be incurred in the completion of the golf center in accordance with the plans and specification, and the reimbursement of Village funds from which money has been advanced to pay such costs. 11/4/63 ’ 5. As authorized by Chapter 655, the net revenues to be derived from the operation of the municipal liquor stores, in excess of the cost of such operation and of the maintenance of the stores and commodities purchased therefor, are pledged for the payment of the Golf Course Bonds of 1963 and the interest therson. By Ordinance No. 131, the Village established its municipal liquor dispensary, now consisting of two retail stores, for the off sale of intoxicating liquor, and created a municipal liquor disepnsary fund in which all revenues received from the operation of the dis- pensary are required to be deposited and from which all ordinary expenses 05 operation are required to be paid. taxpayers and of the holders of the bonds herein authorized, that it will maintain in said fund an Operating Account, to which shall be charged and from which shall be paid only those items of disbursement which, in accordance with accepted accounting practices constitute normal, reasonable and current costs of operation and mainte- nance of the stores, including, but without limitation, compensation of the liquor store manager or managers and other necessary employees, insurance, utility services. and the cost of maintenance of a reasonable stock of merchandise; that it will credit to the liquor dispensary fund all receipts from the sale of intoxicating liquor and from the sale of any other merchandise and services on the dispensary premises, and from the rental of any portion of the liquor dispensary buildings, and from the sale of any equipment or furnishings purchased for the.dispensary and not needed to be retained, which receipts are referred to in this resolution as gross revenues; and that the net revenues pledged for the payment of said bonds and interest include all gross revenues from time to time on hand in the liquor dispensary fund, in excess of a balance in the Operating Account equal to the sum of all claims due and payable therefrom plus the amount of such claims reasonably estimated to become due and payable within one month. From such net revenues which are now on hand the-sumtof $52,300.00 is appropriated and shall be credited forthwith to the Bond Account of the Golf Course Fund referred to below, which sum exceeds the average annual amount of principal and interest to become due on the bonds herein authorized in all future fiscal years. The net revenues received from the municipal liquor dispensary in the fiscal year ended December 31, 1962, were in excess of $245,000, which figure, as well as the net revenues thus far received in the fiscal year 1963, substantially exceeds the maximum amount of principal and interest to become due in any future fiscal year on all of said bonds. provide by this resolution for the issuance, sale and delivery of the bonds and to enter into the further covenants and agreements set forth below. - The Village covenants and agrees, for the security of its Accordingly, the Village is empowered by said Chapter 655 to I 6. The golf center, when completed, shall be operated as a revenue producing public convenience, and the Village furtiher covenants and agrees for the security of its taxpayers and the holders of the bonds that until said bonds and interest are fully paid it will maintain on its official financial records a separate and special Golf Course Fund, to be administered and accounted for as follows: . . A. An Operating Account will be maintained with the fund, to which the Village will credit as received a11 gross revenues received by it from its ownership and operation of the golf center, including, but without limitation, fees to be charged to all persons making use in any manner of the-recreational facilities provided by the center, rentals to be charged for all use of lockers or other space on the premises, and charges to be made for all merchandise.sold on the premises; provided that nothing herein shall prevent the employment of a professional golfer as manager of the center with the privilege of selling golf supplies on the premises as part of his compensation in that capacity. pay disbursement items which, according to accepted accounting practices, constitute normal, reasonable and current costs of the operation and maintenance of the golf center, including, but without limitation, salaries and wages of the manager and other persons necessarily employed in *he operation and maintenance of the center and the collection of charges for its use; salaries and wages of other Village clerical and maintenance employees to the extent that their time is actually and necessarily spent in the administration and maintenance of the golf center; premiums for such insuaance on the center premises and buildings and against liability incurred in the operation thereof as is cus- tomarily carried by prudent owners of similar properties; utilities; fertilizer, seed, shrubs and other nursery supplies required for the maintenance of the cneter in the same condition as when completed in accordance with the plans and specifications; and the cost of merchandise sold. The balance of gross revenues from time to time on hand in the Golf Course Fund in excess of the sum of the claims properly due and payable from the Operating Account, plus the reasonably estimated amount of such claims to become due and pay- able within one month, constitutes the net revenues which are pledged and appropriated by this resolution for the payment of the bonds herein authorized. The Operating Account will be used only to 11/4/63 24r El. Separate Bond Account will also be maintained in the fund, to be used solely for the payment of the principal and interest when due on the Golf Course Bonds of 1963 and for the maintenance as a reserve securing such payments of the sum of $52,300 appro- priated thereto in paragraph 5 of this resolution. From the net revenues on hand in the Operating Account there shall be transferred to the Bond Account each month a sum equal to not less than one- sixth of the interest to become due on the then next succeeding interest payment date plus one-twelfth of the principal to become due on the then next succeeding maturity date of the bonds, and if the net revenues on hand in any month are not sufficient to comply fully with this requirement, the deficiency shall be restored to the Bond Account out of the next net revenues there- after received; except that such transfers may be discontinued when and as the total balance in the Bond Account, together with the payments of principal and interest to become due on any general obligation securities of the United States Government 'in which such balance may be invested, is sufficient to pay all remaining principal and interest to become due on said bonds . C. Any net revenues from time to time remaining in the Golf Course Fund, after compliance with paragraphs 6A and 6B above, shall be available to finance the improvement of the golf center or the acquisition, betterment, operation or maintenance of other municipal recreational facilities, or to pay the principal and interest on additional bonds issued for the acquisition or betterment of such facilities, or for any other proper corporate purpose 5or which they may be appropriated by the Council in accordance with law; provided, however, that no additional bonds shall be issued and made payable from the net golf course revenues unless the pledge of such revenues for the payment of such bonds is expressly made subordinate to the first lien on and pledge of said revenues for the payment of principal and interest due and the maintenance of the reserve securing the Golf Course Bonds of 1963 . .-. cts rd EL "3k c9 CQ .. D. In the event that atr any time the net golf course revenues are insufficient to transfer to the Bond Account the amounts then and theretofore required in paragraph 6B above., the amount of the deficiency shall be advanced from the net revenues then on hand in the Liquor Dispensary Fund, and such advances shall be repaid from the next net golf course revenues then received in the Bond Account. E. Nothing herein shall prevent the future issuance of bonds payable in whole or in part from the net revenues of the muni- cipal liquor dispensary, whether pursuant to Laws 1961, Chap- ter 655 or any other applica6le law, provided that the pledge of the net liquor revenues fm the payment of such bonds and interest is expressly made subordinate to the first lien on and pledged thereof for the payment of the principal and in- terest on the Golf Course Bonds of 1963 and the maintenance of the agreed reserve securing such payments, unless the net liquor revenues received during the fiscal year immediately preceding such issuance shall have been not less than one and one-quarter times the maximum amount of principal and interest to become due in any subsequent fiscal year on the Golf Course Bonds of 1963 and all other bonds then payable from such net revenues, including the additional bonds then proposed to be issued. In the event that the net revenues received in the fiscal year preceding any such issuance have conformed to the condition prescribed in the preceding sentence, the addi- tional bonds so issued may be made payable from the net liquor dispensary revenues on a parity with the Golf Course Bonds of 1963 as to both principal and interest, without preference or priority of one bond over any other; except that if the net liquor revenues on hand at any time are not sufficient, with other funds then on hand for the payment of a11 such bonds, to gay in full the principal and interest then due, the balance of net. liquor revenues then available shall be allocated to the Bond Account of the Golf Course Fund and to the respective funds established for the payment of Other bonds, in proportion to the principal amount of bonds of each issue which are then outstanding. i I 11/4/63 7. Pursuant to said Laws 1961, Chapter 655, the full faith, credit and taxing powers of the Village are also irrevocably pledged for the prompt and full payment of the principal and interest on the Golf Course Bonds of 1963 as shch principal and interest respectively become due. covenants contained in this resolution are deemed to be sufficient to assure the payment of such principal and interest and the maintenance of additional reserves as required by said Chapter 655 and by Minnesota Statutes, Chapter 475. no tax is presently levied for this purpose. in any subsequent year the balance on hand in the Bond Account of the Golf Course Fund should be less than the sum of such principal and interest to become due in the ensuing calendar year, the Village covenants and agrees that it will levy a tax sufficient, with the net liquor dispensary revenues and net golf course revenues then on hand in said account, to pay all such principal and interest, which tax shall then be levied on all taxable property within the corporate limits of the Village, without limitation as to rate or amount. The appropriations and Accordingly, However, if on October 1 in 1964, or 8. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution, together with such other information as the County Auditor may require, and to obatin from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register . 9. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and asfairs of the Village, and such other affidavits, certi- ficates and infomation as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deefied representations of the Village as to the facts recited therein. $ The motion for the adoption of the foregoing resolution was duly seconded by Trustee Tupa, and on Rollcall there were five ayes and no nays, as follows: was declared duly passed and adopted. I.tacl4illan, I (Note: This Paragraph Amended - See Page 249) STBEET IZjlPROVEIYIENT BA-50 ASSESSI4ENT REFERRED TO VILLAGE ATTORNEY FOR OPINION ON CHANGE OF 2ETHOD ENABLING CHARGE TO MEROLD DRIVE, representing property owners on Wycliffe Road and Grove Gtreet in Edina Highlands Lakeside Addition, protested the assessment to these properties of the cost of that portion of the street which Good Samaritan Methodist Church abuts. Statute which provides for assessment according to "benefit", Mr . kicGannon reported his clients feel that $8.83 per assessable foot is the true benefit and that assess- ment of any more than that will be contrary to Statute; that either the total share of the Church assessment should be borne by the Village as a whole, or some pro- portionate share should be taken, because the Village benefits by opening of the ~ street. Mayor Bredesen suggested that were this argument valid then there could be no assessment for street improvement because the Village indirectly benefits by the improvement of any street. condemned, condemnation costs and award would have been about $1,000; and Nr. McGannon suggested that assessment to property owners be no more than $1,000, wzth Village assuming the balance. Mr. Hyde reported that the developers of Edina Highlands Lakeside Addition had signed a petition for street improvement of the Addition, stating that all costs, including that of the Church portion of street, could be assessed against the addition. One resident suggested that part of the cost be allocated against Merolddrive, which is within the addition, but which street has not yet been surfaced. this suggestion be referred to the Village Attorney for his opinion as to a deferred assessment against Lierold Drive properties, to be included with their assessment for street improvement at the time said street is improved. that matter be referred to Village Attorney, and Hearing be continued to December 2. Motion seconded by Tupa and carried. Attorney David McGannon, Citing the . It was reported that, had land for Wycliffe Road been Stating that this request has some merit, Mr. Hyde asked that VanValkenburg then moved COUNCIL UVIES ASSESSMENT FOR STREET IMPROVEbENT NO. %A-46 ON "CORNER LOT RELIEF'' METHOD. Drive from W.7Oth Street to Dunberry Lane and in Dunberry Lane from Creston Road to West Shore Drive - had been continued from October 7 to the 21st; then, at request that all properties owners be notified of a proposed change in the originally proposed method Hearing on this proposed assessment*- for Street Improvement in Nest Shore -3 M Y 3a 11/4/63 of assessment (from the "straight per foot" basis, at $6.61 per assessable foot, ,.,,. to the "corner lot relief" basis, with corner lots paying for only 1/3 the footage. of their long sides, at $12.74 per Assessable Foot), had been re-continued to this date. Because at other Hearings there had been a difference of opinion on the part of the residents as to which method of assessment should be used, the Council had proposed a "per lot" basis as a compromise. hear Mr. Keith Holvenstot, 6901 West Shore Drive, owner of Lot 8, Block 5, Woodhill, suggest that Council adhere to its regular assessment policy and make assessment on the "corner lot relief" basis. Inasmuch as Mr. Holvenstot would have been benefited by some $550 if the "per lot" method had been used, or by some $50 if the "straight footage" method had been selected, his remarks were surprising to say the least. There were no objections from the audience to Mr. Holvenstot's suggestions, and no objections VanValkenburg then moved that the proposed assessment for Street Improvement No. €38-46 be levied on the llcorner lot relief" basis at $12.74 per assessable foot, and this motion was seconded by Tupa and carried, and moved its adoption: Council was pleasantly surprised to had been received prior to the Hearing. VanValkenburg then offered the following Resolution RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS STREET IMPROVEMENT NO. BA-46 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. It is hereby found, determined and declared that the proposed assessment for STREET IMPROVEMENT NO, BA-46 has been calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon a31 objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the assessment was and is specially benefited by the construction of Street Improvement No. BA-46 in the amount set opposite the description of each such lot, piece and parcel of land, respectively. pieces and parcels of land described in said assessment, and said proposed is hereby confirmed as the proper special assessment for said Street Improvement No. BA-46. The ass.essment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. assessment shall be payable in equal annual installments extending oyer a period of ten year?, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1964, to be payable 'with general taxes for the year 1963, and one rof the remaining installments, with one year's gnterest -onAhat and all subsequent installments, to be payable with ginera1 taxes for the years 1964 through 1972, collectible in the respective ensuing years. owner of any lot, piece or parcel of land assessed hereby may pay the whole of such thereafter such payment,may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notkfy the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. County Auditor a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. as "ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. BA-46", and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the account of the IMPROVEMENT BOND REDEMPTION FUND. ~ 2. The amounts so set out are hereby levied against the respective lots, The total amount of such I 3, Prior to certification of the assessment to the County Auditor, the L assessment or any installment thereof without interest to the Village Treasurer and 4. The Clerk shall, as,,soon as may be, prepare and traasmit to the Said duplicate shall be designated Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, and the TRUCK MOUNTED BACKHOE BIDS LAID OVER TO NEXT MEETING FOR INSPECTION OF LOW BIDDER'S MACHINE. Manager Hyde presented Tabulation of Bids, covering the bids taken October 30, in response to Advertisement in Construction Bulletin and Edina-Morningside Courier. Seven bids were received, that of ?ri-State Machinery Company being low, at $21,000 on "complete backhoe and crane, 12-1/2-15 Ton"; Minnesota Machinery Co. second-low at $23,437, and Hayden-Murphy Equipment Co. high bidder at $26,971. Mr. Hyde suggested that action on bids be delayed until the low bidder's machine could be inspected and investigated further, and it was SO moved, by f4acMillan, 11/4/6 3 $seconded by VanValkenburg and carried. During discussion, Nayor Bredesen suggested investigation into availability of parts and service for this particular machine, and Mr. Hyde promised a report on this by next meeting '9 in order that award could - - be made at that time. (Note: Amended 11/18/63--See Page 2490 GLOCKNER REQUEST FOR S?ECIAL ASSESSMENT RELIEF ON STORM SEWER REFUSED: PRIVATE ROAD ~ TO RECEIVE NO EUINTENANCE. support his written request for relief from Assessment for Storm Sewer Improvement Mr. W. J. Glockner, 5517 McGuire Road, was present to No. 60, for the reason his lot is cut-into two tracts by a llroadll. Engineer Megner's report, recommending against any adjustment on special assessment was-read to Council, and present Engineer, George Hite, concurred in this reoommendation. Manager Hyde told the Council this "private road" has been a headache to the Village for some time; that there are several properties where access is only by this road although official addresses are 94cGuire Road". as to Village maintenance, Mr. Hyde replied that the Village has done little maintenance, but has plowed snow at urgent request of residents. Council he is not anxious to have the private road closed--simply does not want to pay storm sewer assessment on the part of his lot he cannot use because of road- and, on the other hand, he does not want the road to become a public street because then he will be forced to bear the assessment for improvement. Some discussion was had *about the matter of *lpublic rights" to the road, inasmuch as it has been traveled for some time. Attorney advised Council that a "general" opinion cannot be given on this matter, and discussion was dropped. that the Village had suggested some two or three years ago that the street become a public street, but that some of the residents would have no part of this suggestion. Although no formal action was taken on Nr. Glockner's request for storm sewer relief, it was concensus of Council opinion that no relief be granted for private road. Nayor Bredesen suggested that Village Manager notify owners of abutting properties immediately, that there would be,no further Village maintenancqof any kind on this private roadway, and it was so ordered. . (Amended-See Page 249) Bormer Village I At a question from the Council blr. Glockner told Mr. Hyde reported to Council i CONTRACT FOR TRAFFIC SIGNALS AT STATE HIGHNAY NO. 169 AND COUNTY ROAD NO. 18 APPROVED: EDEN PRAIRIE TO BE ASKED TO PAY HALF POWER COST. Manager Hyde presented €or Council consideration an agreement with Hennepin County for installation and operation of traffic signals at Highway No. 169 and County Road No. 18, agreement specifying that State and County will bear the costs of installation and maintenance, with the exception of electric energy cost, which is to be borne by Edina, Calling Council's attention to the bad traffic record at this corner, and the increasing traffic on County Road No.28, 14r. Hyde recommended approval by Council. VanValkenburg's motion for approval of contract for traffic signal at Highway No. 169 and County Road No. 18 was seconded Mac1.iillan and carried. Eden Prairie is being required to pay toward costs of the signal; was informed to the contrary. Nayor stated that while he feels the signals are sorely needed, he believes that inasmuch as two corners of the intersection are in Eden Prairie, this municipality should pay half the costs of the electricity. Manager Hyde directed to forward Council's request for share of cost to Eden Prairie. I Mayor Bredesen then inquired as to whether PLANS FOR Il~lPROVENENTS AT DANGEROUS INTERSECTIONS DISCUSSED. in recent discussion with the District Engineer for the State Highway Department, he had been given the following information relative to several intersections on which the Council has requested traffic control: traffic signal next spring; also, it is expected that the northeast will go in nexz year. 2. about this intersection, and hopes to be able to have the signals efficiently. for traffic signals at: Mr. Hyde reported that, 1. W.7Oth Street and Highway No. LOO - State Plans are for this/to go-in of the proposed cloverleaf W.5Oth Street and Highway No. 100 - State Highway Department is concerned more He also reported that Edina is working with Hennepin County relative to requests 1. 2. V.70th Street and France Avenue, W.58th Street and France Avenue, but there is no definite information yet as to County determination on these two intersections. CLEVELAND AVENUE IMPROVEt-1ENT PETITIONS ACCEPTED ; SEWER PETITION EFERRED TO VILLAGE ATTORNEY RELATIVE TO CONNECTION CHARGES. Council by Clerk: Cleveland Avenue, The following petitions were submitted to 1. 2. Petition for Grading and Graveling - Division Street-to Hollywood Road. Petition for Sanitary Sewer - Division Streetstreet to Hollywood Road in Cleveland Avenue. Mr. Hyde recommended that the petitions be referred to Village Engineer for programming, adding that the petition for sanitary sewer is directly connected with a peeition filed recently for Assessment Adjustment for the lateral sewer on Division Street, and that this entire matter should be referred to the Village Attorney relative to connection charges. VanValkenburg's motion that two petitions be accepted and referred to Village Engineer for programmi.ng, and that Village Attorney's opinion be secured relative to collection of connection charges, was seconded by Tupa and carried. 11/4/63 245 ACCESS FOR LOT 11, BLOCK 2, BROOKLINE ADDITION, ON BOTH W.58TH STREET AND XERXES AVENUE. ASKED BY 0WNER.E.H.OTTO. Clerk read Mr. E.H. Otto's letter requesting I --~ -- - - . - - access on both W.58th it. and Xerxes Avenue for his Lot 11, Block 2, Brookline Addition (5740 Xerxes Avenue). Hennepin County Project, the letter was ordered referred to the County Highway Department. "HILLDALE-LALONE ADDITION" FINAL PLAT APPROVED. approval the Final Plat of "Hilldale-LaLone Addition", which, he told Council, conforms with preliminary. by MacMillan and carried. STREET IMPROVEMENT NO. E-18 CONTRACT COMPLETION DATE 'EXTENDED . recommended that Council grant extension of contract completion date on this project, without penalty, from October 15 to N ovember 1. contractor's work has been excellent, that there have been very few, if any, complaints, Mr. Hite reported he feels there has been no inconvenience to the public occasioned by this delay. Macldillan's motion, that completion date be extended in accordance with Mr. Hite's recormnendation, was seconded by Tupa and carried. Because the improvement of Xerxes Avenue is a Mr. Hite presented for Council Tupa's motion for approval of Final Plat was seconded Engineer Hite Stating that the SPECIAL ASSESSMENT HEARING FOR 1963 OILING IMPROVEMENT SCHEDULED FOR NOV.. 18. . Mr. Hyde reported that the special assessment roll for the cost of the 1963 Oiling Improvement is prepared; that a publication scheduling hearing for ltovember 18 has been published; that cost is $.02 per foot less than last year.. He asked for Council confirmation of this date for Hearing, and PIacMillan offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSivIENT HEARING - 1963 OILING IMPROVEMENT BE IT RESOLVED by the Council of the Village of Edina, as follows: for the improvement set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective pieces and parcels of land within the district affected by said improvement, and said proposed assess- ment having been filed with ,the'Clerk, the same is hereby approved, and the Clerk shall keep the same on file in her office and open to public inspection pending . hearings thereon as herein provj.ded. of Hearing form hereinafter contained, to pass upon said proposed assessment; and the Clerk's action in publishing said Notice of Hearing in the official newspaper in accordance with law, is hereby ratified and confirmed: 1. The Clerk and Engineer having calculated the proper amount to be assessed 2. The Council shall meet at the time and place specified in the Notice NOTICE OF ASSESSMENT HEARING ON STREET OILING FOR 1963 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, November 18, 1963 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the following improvement. in the office of the Village Clerk and open to public inspection. This assessment is now on file STREET OILING FOR 1963 The area proposed to be assessed for the cost of this improvement includes - all lots and tracts of land abutting the following streets: Beard Avenue from West 57th street to West 58th Street Benton Avenue from Hansen Road to RR Bridge Benton Avenue from Bernard Place to Hansen Road Brookview Avenue from West 63rd Street to West 64th Street Chowen Avenue from West 60th Street to West 61st Street Hankerson Avenue from Interlachen Blvd. to 135 feet South Holborn Avenue from West 64th Street to Whiting Street Josephine Avenue from West 64th Street to West 66th Street Mildred Avenue from West 63rd Street to West 64th Street Millpond Place from Westbrook Lane to MNGS RR Tracks Peacedale Avenue from West 62nd Street to West 64th Street Pine Grove Road from Blake Road to Highwood Drive Roberts Place from Wilryan Avenue to Rolf Avenue Rolf Avenue from Roberts Place to Valley View Road Tingdale Avenue from West 63rd Street to West 64th Street Tingdale Avenue from West 65th Street to West 66th Street Vandervork Avenue from Hollywood Road to Division Street Warden Avenue from Johnson Drive to Tracy Avenue Whiting Street from Holborn Avenue to 100 Feet West York Avenue from West 55th Street to West 56th Street West 56th Streef from Hansen Road to gernard Blace West 62nd Street from St,Johns Avenue to concord Avenue West 64th Street from Warren Avenue to Holborn Avenue West 65th Street from Highway No. 100 to Josephine Avenue West 66th Street from Tingdale Avenue to Normandale Road. 11/4/63 Assessments for the above improvement will be payable in one year with the taxes for the year 1963 collectible in 1964, with interest on the entire assess- ment at the rate of 5% per annum, . The owner of any property assessed for the above improvement may pay the whole of the assessment without interest to the Village Treasurer on or before December 15, 1963, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL, GRETCHEN S. ALDEN Village Clerk Notion for adoption of the resolution was seconded by fixe, and on Rollcall there were five ayes and no nays, as follows: MacMill e; Rixe, aye; Tupa, aye; COUNCIL AUTHORIZES PURCHASE OF OUTLOT Om, TROLLEY LINE ADDITION, FROM E.F. GARRISON FOR $2,500. Mr. Hite reported that, pursuant to Council's October 21st instructions, he had offered owner Everett F.Garrison $2,000 forSOutlot One, Trolley Line Addition, which is needed to complete the right-af-way for the proposed Joint Hopkins-Edina Second Street; that Mr. Garrison refuses this offer and demands $2,500 for the lot. Mr.. Hite added he has consulted with Village Assessor Kearns, who tells him the lot is worth $2,000 ($2,200 at the very most); and has also checked with the Village Attorneys, who say the ordinaEy condemnation costs are in excess of $500. MI?. Hite recommended that Council meet Mr. Garrison's price, saying the right-of-way is needed for the street, and that Mr. Garrison has a buyer for the lot and is asking for a building permit, now, unless Village wishes to take title. Tupa's motion, that Village purchase lot for $2,500, was seconded by VanValkenburg and carried. PETITION FOR ASSESSldENT ADJUSTMENT, SANITARY SEWER NO, 135, REFERRED TO VILLAGE ATTORNEY RELATIVE TO NEW PETITION FOR SEWER IN CLEVELAND AVENUE. which had been reportedaby Nr. Hyde at the last meeting, was referred to the Village Attorney for his opinion on the legality of making connection charges to properties abutting Cleveland Avenue at such time as this sewer is connected to the one in Division Street . This petition, I CANVASSING BOARD TO MEET AT VILLAGE HALL AT 8:OO P.N., TUESDAY, NOVEMBER 5. The necessity for a meeting of at least of a quorum of the Council to canvass the machines after polls close at tomorrow's Village Election, was reported by Clerk. Members Rixe, MacMillan and Bredesen to canvass. TREASURER'S REPORT, AND LIQUOR FUND STATEMENTS AS AT SEPTENBER 30, 1963, were submitted, reviewed and ordered placed on file, CLAIMS PAID. November 4, 1963: Const. E Golf Course, $79,547.45; Waterworks Fund, $733.04; Liquor Fund, $53,753.22; Sewer Rental Fund, $219,25; Improvement Funds, $60.00--TOTAL, $139,122.82 -- and from General Fund, as of October, to Texaco Coo , amount $1,467.74; George Hite, $89.77, was seconded by Rixe and carried, Motion by Tupa, for payment of the following Claims as per Pre-List dated General Fund, $4,617.86; Construction Fund, $192.00; Park, Park COUNCIL ASKS FOR REVIEW BY HENNEPII? COUNTY BOARD OF BUDGET FOR GENERAL HOSPITAL FOR - 1964, Mr. Hyde reported that .at a meeting of the Hennepin County League of Municipalities last Thursday evening, the matter of the County Board's action relative to ambulance service from General Hospital had received considerable consideration. He recommended that Edina join with those suburban municipalities who have already requested a review by the Board of its General Hospital budget for 1964. dissatisfaction by suburban officials with the manner in which the Board has handled the ambulance service matter, saying, too, that Edina Public Safety Director Bennett . feels we should maintain our own emergency vehicle even if General does set up emergency service, because of the lag in time for ambulance service from General or even from Bloomington if ambulance is stationed there. Resolution and moved its adoption: Nr. Hyde reported much VanValkenburg offered the follodng RESOLUTION REQUESTING COUNTY BOARD TO REVIEW ITS DETERMINATION OF AMOUNTS FORMING THE BASIS FOR GENERAL HOSPITAL TAX LEVY FOR 1964 HHEREAS, the Legislature of the State of Zvlinnesota has provided for the transferring of f4inneapolis General Hospital from the City of Minneapolis to the County of Hennepin by Chapter 738 of Laws of 1963, and portions of publicly financed and unrecovered costs and a tax levy based thereon, in the last sentence of Section 3, Subd, 3, for those years before records for a full year's operation of the hospital are available, and WHEREAS, provision is made in said enactment for the determination of pro- ? 11/4/63 WHEREAS, the County Board has made such a determination by its budget for 1964, and the.Village Council of the Village of Edina deems it in the interests of the Vi1lage.of Edina and others that such budget be reviewed in the manner provided by said law, therefore BE IT RESOLVED by the Village Council of the Village of Edina that the Village of Edina hereby requests the Hennepin County Board to review its $964 Budget for the Hennepin County General Hospital, Revenue and Tax Levy Projections, at a hearing upon such notice and at such time and place and in the manner provided in Chapter 738, Lawsgf to mail a certified copy of this resolution to the Hennepin &unty Board by delivering the same to the County Auditor of Hennepin County as the receiving official for such County Board. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there 963. BE IT FURTHER RESOLVED that the &.$%lerk is authorized and directed I. ACTION DELAYED ON "SUBURBAN SEWER STUDY COMMISSION". that Edina, together with several other communities which have sanitary sewer contracts with Minneapolis had met on Thursday, October 24, relative to the formation of a "Suburban Sewer Study Commission" following the basic line of the Suburban Gas Agency; that he cannot yet give the Council a firm recommendation as to whether Edina, which has one of the "oldt1 contracts, should join; that the Commission is being urged by those municipalities with the new contracts. Hite recommended that Edina join the proposed Commission immediately, saying he believes Edina stands to gain more than those communities with the new contracts. It was noted that Edina is having difficulties with Minneapolis right now, whereas there is no urgency for action on the Suburban group, and Council delayed action pending settlement of the Edina-Minneapolis disagreement 'on sewer rates. Mr. Hyde reported to Council Engineer FRIDAY, NOVEMBER 8, 4:30 P.Mb, MEETING WITH PARK BOARD. the Park Board's wish for a joint meeting with the Council at an early date, for discussion on 11go18 course" matters, and Meeting was scheduled for Friday, November 8, at 4:30 P.Mb Manager Hyde reported COUNCIL DXTENDS GOOD WISHES TO RICHARD GRABER, dinner is being held on Tuesday, November 12, €or Richard Graber.who has resigned as Editor of the Edina-Momingside Courier to take a new position. the Council might like to adopt a resolution for presentation at this dinner, and VanValkenburg offered the following Resolution and moved its adoption: Mr. Hyde told Council a testimonial He suggested RESOLUTION IN APPRECIATION TO RICHARD F, GRABER BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, that the following expression of appreciation be spread upon the minutes of its meeting of 4 November, 1963: EDINA COUNCIL COMMEMORATES EXCELLENT COMMUNITY SERVICE OF RICHARD F, GRABER "The citizens of Edina have suffered a great loss!" "Graber did a tremendous job as Editor of the Edina-Morningisde Courier in bringing to the attention of the citizenry many facts concerning local affairs of the community .I1 "We'll miss his sometimes caustic, but always fair and factual, comments on the doings at the Village Hall.11 "He kept us on our toes, by focussing his camera and his type- writer on what we were doing or not doing!" These were the comments around the Edina Village Hall when it became known that Richard F. Graber, Editor of the Edina-Morning- side Courier, had resigned to accept another position. members of the Council, and administrative officials of the Village all joined in the chorus of wails and laments. figure at Council meetings and in the offices. his office visits normally coincided with morning or afternoon coffee breaks, and he was almost initiated into the ranks 6f dues-paying coffee drinkers. managed to keep his attendance within the maximum number of visits permitted for guests. The Mayor, During Mr. Graber's tenure in 1962 and 1963, he was a familiar For some reason By adroit maneuvering, however, he 11/4/63 "Dick was a good newspaperman," one seasoned observer of city hall reporters remarked. insisted on printing the facts whenever in his judgment it was in the zest interests of the citizens to do SO." "He respected our off-the-record comments but AND BE IT FURTHER RESOLVED, that the Village Council and Village employees emend to l4r. Graber sincere goodwishes for great success in his new position. Motion for adoption of the Resolution was seconded by NacPSillan, and on Roll- call there were five ayes and no nays, as 'follows: Tupa, aye; VanValkenburg, aye; and Bredesen, MacMillan, aye; Rixe, aye; nd the Resolution was There being no further business to come before this meeting, Tupa moved for adjournment. Motion seconded by MacMillan, and carried. Adjournment at 8:30 P.N. ,- Village Clerk I-5INUTES OF tEETING OF CANVASSING BOARD FOR EDINA VILLAGE ELECTION, HELD TUESDAY, NOVEI-IBER 5, 1963, AT 8:15 P.$Ie, 1963, VILLAGE HALL Meeting convened at 8:15 P.N., at Village Hall, with Council klembers MacNillan, Rixe and Bredesen acting as Canvassing Board for Village Election of this date, Tuesday, November 5, 1963. absentee ballots in the eight Voting Precincts; and it was then moved,saconded and carried that the Canvassing Board certify the returns of the Village Election held November 5, 1963, to be as' follows: . Members canvassed returns of Voting Machines and ' MAYOR - TRUSTEE- ARTHUR C. JAI-ES TERt-5 23 YEARS TERN .THEE YEARS (TWO TO BE ELECTED) TOTAL PRE- BRGDESEN, THEODORE S. NORhfAIi A. FRANK 5. VAN TOTAL REG. VALKENBURG VOTE VOTE CIIJCT . JR. HANSON SETTER TUPA - 1 343 2 283 3 2 36 4 226 5 196 6 15 8 7 209 14 8 8 - 52 44 115 12 3 33 44 53 512.' 49 50 47 152 46 85 22 45 - - 296 19 5 , t93 176 151 61 151 119 - 318 199 20 5 19 0 167 69 15 7 124 364 338 24 6 245 214 19z 226 161 2,256 2,646 2,272 2., 841 1,726 841 1,723 1,978 TOTAL 1,799