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AGREEMENTS_CONTRACTS_FRANCHISE_RESOLUTIONS_WORK SHEETS_HC UTLEY
STATX OF Ik�� OTP, COUNTY OF a�` IMEPI Country, Glut} District. ,5erVICS 003M MY, 41 oor porot ion# Pi t t.If r.., va, village or r. Gina, Def041,"t. ISITRIWT COUST ANSWER IWD Defen4aat for its ausv'er to the first oauoa of aot ion, hsreira 1.. Lll *ges that it has no vknowledge or infomation suffielent to form u belief as to whether or not the plain- tiff oor ration was auly orgartited or is now toxisting un4er and parsnant to tiva laws of the State of Mirneootao and therefore, denies the same art: puts tho plalatiff to the proof thereof. �I. S,dmltf Uke a2legatio s contained In par-agraph Of sald awkPlainto M. only #t the &Ilogatlqns coat& 1 aed Ln paragraphs as 'I, o, 7 as 10. 0. For its answer to pa;•agraph 0 dofe�dalSt es that it has no kaovledge .or information as to Ohs con- tents of sAld paragraph, an4 therefore, denies the same and puts the plaintiff to tho proof thereof. V. For its answer. to paragraphs 8 and 9, defen- dant admits that plaintiff int the year 1 .95, and for the first time in thirteen years -of the life of said hydrants, maths it demand upon the defendant for the payment or .alleged rentals, and that said defendant did: then, since then has, and -doe s' hov refuse to pay the same. TIT. Save ae herein admitted, qualified, denied or otherwise alleged$ defendant denies each and every 'a.11e- gation't ratter and thing contained in said first cause of action Of the complaint, and-each and every part thereof. 1; Further ' answoring, and ors a first and separat® defence, defendant alleges that at all times re- ferred to heroin Thorpe Bros. was, and now Is a corporation, organized under the lags of the state of Ui.nn' sofa, and engaged in the general real estate business and in the development and ptamotion of subdivisions in Hennepin county, Minnesota; that during the period, Immediately prior to October 13L 1"3, "Phorps Bros. acquired titl_o to all of the ,property aMm4nly known as P..- Thorpe' s Country Club DistrietI Which is, and at all times -referred to herein, has been within the derpor4te limits of the vill,ago Of' Edina, said t4strict comprising generally the property deseribed in S190tion i, of the Ordinance at #aetedi to the plaintiff's com- plalni as Zxhibit Ar.that Thorpe Bras. during the year 1925. ands .during subsequent years ? platted esida property into b' locks, lots, streets, avenues and alleys, and promoted and developed, said.property as an,exalueive reeldential'distriot ;"that as a part of said development anA promotion Tharpe Bros., at Its own expense, installed a water system and hydrants for said distriett by laying mains and pipes in, under, along and across the lots, streets, avenues and alloys in and within said district and In and to the lots then acid, there# ' offered by them for sale, and In addition thereto, purchased and installed at their awn expense certain hydrants at various proper places within said distriot. 2. That In order to induce the purchases of the lots in said distriat, %o'rpe Bras. represented to pur- chasers and proopeotibe purchasers, now residents in said district in defendant Village# Verbally# by advertisements of all kinds, In writing, and otherrise, that all improvements of every kind and nnture, Including the cost of . a eater system and hY rants, curbs :acid gattere, electric ligb.ts, paved and boulevarde4 streets and avenues, eta., had been installed and paid for by %orpe Bros., and that the cost of all thereof was included in the priee3 of said lots to be sold by Thorpe Bros. to the purchasing public, and esppeoially represented to said purchasers that they would never be .spe olally assessed Or In any way taxed for the cost of said Improvements, that all purchasers of said, jots,,_ and their successors in title$ residents and altizens of the defendant 'Village,, relied upon said repreneptations and purchased said lots an8 invested large alums of money in homes thereon; that Thorpe Bros..did In fast collect from each of said lot owners, and their successors in title, their pro rata share of the cost of the aforesaid Improvements, including the water system and hydrants, and that said residents of defendant VIl- lage thereby paid; for the same; at 'ghat time; that sub- etantia,lly all of- the - investment of Thorpe, Bros. an said improvements,' inolud.ing the water system and hydrants, 3 -by a been there . retumoa to thm, 3. That the fteds of 00hVeyEalf3t fr(M TharpO Bros., to said port flora contained -Warrantles,agAinist endum- brandest that at the timo or the exaoution and delivery or the said deeds the aftreioald Improvoments had been z4de., .4. DeferAmt further a3leges that sinoo the Ineeption of the afore id promotion., a period of maw year's; Thorpe Bros.-has Sold sUbstantially'all of the 10to tormer- ly owned by them in Said diOttlotto the present residents and. OMSOMS of defeadant V111ag,90 or their predooessoks 11A tities, aix.10C, 'W'WM relied upon the aforeasid ftpreagnta- tions of Thorpe Bros. in the purobaeo of them propertlesi.. 6. Defendant further alloges that 01"noo the in- eeption of said pt-o mat llon 1A, 1920 to the yoar 1935, as period of thirteft years, -'during wh1oh Thorpe Bros.. bad disposed of a larger paroentage of its iota In sald diotriot,0 Said '1`hovpa Uros,6, and piaintiffmade no re qnxost or demands of ow Mzd, -,vhatsoaver against the derendan't Village for the Doat of t aforesald Improveon-at s, =d road: no demand Or am kind �hataoever againot said defendant Village for byarant rantalaj. or for-the operation, matutenance or servioe of said hydrants, or for mv service oonneated. therewith,, or tor, the water used In -and for maid hydrantem, 6. Derendant further alleges that at no time has it assessed Injorps Bros.. or plaIntiff aorporationo or rAy othei- peroOnjr fol- ta%,00 upoji the pr*perty coMpri sing said water systew# jz�oj4dlag Ad hydra nt#* 7, That by virtue Of thO fore ng and other acts Thorpe Bros,.' dodloated. tho, physidal properties compris-, ing said water sy st m... and lnoludiM the drama re- Tarred to In the 00Mplainto to the' use Of thO d6f=dMt Vil%age* arA to the owners or the, aforesaid tote vl%hln a Ad distriots and relinquished any and all omershlp therein, a. That by reason . cif the foregoing faot s and other cots, Thorpe broo, and 'the plaintiff are astApped from assert-I owner.ehip of said water system or - hydrants as against this defendant, pr as against the prsstht owners of property in. the said Country Cj1xb Distriot with all of whom this defendant le in privity l that this defendant an4 the present property ow nera iA . s.ald distriot are„ and at al tames have been the owners of the ontire eater eystem and the hydrante referr€ad to JA . sold oomplalpt.0 aad that by reason tbareof, pialati m- 9 atot the Omer of s &id prop and is not entitled to compensfition for the Tso thereof as alleged in said complaint. That at the inception of the aforeea id pro- tion. Thorpe Bros., took steps to organize the plaintiff bol'Rpt31' Ation.. That defendant is InforMad and believes#- that upon plodn -tiff le alleged inccrporatlon, only qualifying shares, or in .*Ay errant a: small number of des, were Issued to the stookba Mors,, of'f ioers and directors of Thotpe Broo., and to no others, and that the stook avmerehip of plaintiff corporatlorc remained in suoh ,stootholders from the date Of its alleged incorporation to 0otobe r or November, 1936, the preo se date bei ; unUnown at this time to. the defendant; that at or about the time of the alleged incorporation of the plai.nt3f ', and if 'plaintiff had. any duly , eleoted and qualified: officers and, directors perfo ing the functiono of their respective offices, said officers _end directors were the same officers =4 d1reotors ' 0 managed and controlled Thorpe Bras. that such identity of such stodkhol,der% offioere and d1rootore continued frr M the year 1993 awl prior thomtot to the fall Of the year 1935, 10. That the plaintiff corporation and all of the stookholders, officers and directors of the plaintiff corporation during the period from 1923 to the latter Part of the year 19300 knew all of the faots set forth in para- graphs 1 through 9 above. 11. That during the period between. its al- leged Incorporation and the latter part of the year 19350 Thorpe Bros, did not transfer, sell or assign to the plaintiff corporation, and the latter did not acquire any title what - soever to the physical properties comprising said water system, Including hydrants. 12.. Thnt by virtue of the foregoing faete and other &etas, Thorpe Nros., prier to ,the latter part of the year 1935# dedicated said water system and hydrants to the use of said lot owners and to the VillAge of Edina, this defendant; that both Thorpe Bros. and plaintiff corporation are'estopped from a6serting any ownership.whstsoever in said water system . or hydrants as against this defendant or as against the present owners of said lots with whom this defendant is in privity; that this defendant and, the present property owners are and have been the owners of; the water' system and the hydrants re- ferred to In the oompla.int; that by reason thereof plaintiff Is not the owner and it not entitled to ooMpeneation for the use thereof as alleged in said complaint. 16. That defendant is informed and believes that in the month of October or, N 'ovember, 19350 Thorpe Brae., although it had parted with ownership and title.to the aforesaid properties constituting the aforesaid. 3mproae- ments to the Country Club 8istritt, inolud.ing the water system and hydrants# attempted and purported to Bell and transfer such properties to the plaintiff corporation, anct caused the plaintiff corporation to issue to it a substan- tial number of additional sires of stoop in exchange for such properties; that because Thorpe Bras. haft theretofore parted with title, said properties then belonged, to the lot owners and to this defendant, and that Thorpe Bros. had no title or ownership therein to sell or assign to said plaintiff corporation, and thAt said shares of stock were iesued and now remain vithout consideration. 14. That as a part and parcel of the afore- said purported, sale by Thorpe Bros. of said properties to plaintiff corporation, Thorpe Bros. then attempted to sell a major part of the aforesaid stook of the plaintiff corpor- ation to one Oscar Gaarden; that each and .all of the fore - going facts alleged in paragraphs 1 through 13 were well known to Thorpe Bros. and to Oscar Guarden at the time of the purported sale by Thorpe Bros. of the physical propertiets of the water system, including hydrants, to the plaintiff corporation, the Issuance of stock of the plaintiff company to Thorpe Bras. In exchange therefor, And at the time of the purported sale of said stock by Thorpe Bros, to said Ga►arden ;. that Thorpe Bros. and said Gaarderi 'Moth being In possession of all of the aforesaid facts conspired together to bring about the aforesaid purported s ale, of said properties and stork so as to enable said Thorpe Bras. to evade its aforesaid: promises and representations theretofo.r'e made t o the ' lot owners in said District, and for the further purpose of permitting said Gaardlen as the alleged owner of the Company, to set up on the books of the Company an inflated valuation of said properties, including the water system and bydrants, without deduction for the tact that the sane and all of the same had theretofore beefs paid in full by said lot owners to the said Thorpe Bros.; that the 7 aoess of said ooheme would also permit Thorpe Bros., now owners of but little property in s -iid District.,, to have evaded assessments For these improvements because if such claims as are now asserted In the complaint had been made annually to the defendant, and were they otherwise valid, defendant would have then assessed the then benefitted property owoere therefor, chief of wk loh over a, long period, of time was Thorpe Bras.; that thereby Thorpe Bros. would have escaped payment of aeeessmant fox these improve- Monte which they, could have otherwise pa�id'$s owners Of such then benefitted property; tl�at.the perpetration and acoomplishme"t Of sRid scheme constitutes a fraud upon the Village of "TAIna and tie. residents, and lot timers thereof in the Country Club District In that, if permitted to be accom- pushed, any If the plaintiff be eucoessful herein, it would result in the apparent ownership of said: properties In plaintiff corporA i©n and a. recovery. by said a rporation from defendant Village of large .eume of money for the Itema set forth In the complaint, not only from 1983 to'1935 inclusive, but alas+ for, the period suboaquen't, to Oaarden's 'al'leged ao- quisition of said st00% (October 1935 to December 310 1938); that in 1937, plaintiff oorperation, olalming the ownership of said properties,, valued: the .same et .018170977.46, lose re-w serve of �29,178:1fl, res141ting 1A a net valuation of 1680799.Q8 as of January `l, 1837; that the plaintiff eorperation, accord- ing to dofendantcs pformatiOn and 'be11ef;, in.arriving at the afore said. valuatioan, has not deducted the mrional cost of said Improvements, inoluding the water system and hydrants, notwithstanding that the acme has boon paid for in full by the -lot owners in the Counter Club Aistriot of the defendant. Village . For a second and sapara;te defense to the first cause of action, defendant alleges that in the year 1932, and again in the year 1936, ' said Thorpe Bros. and plaintiff, 8 the eWessed purpose of cou-peneatim the selves for %fte r1003 a110904 In the complaitit 'to have beefs ren4ored by It and rear the water used In. and for said eater hly4ranta., reload the then existing water rates oha n.e-d to the lot owners and residents of aald Villegt ftr vmt for private purpozes to an saount vb1ch was. and ims represented. by them, to be sUffle- len't to oompenvato them fullr for Al df the oxpe-ngits of oper4t- tl-on,, MaInteftanoo and Pervlalng of Said hydrant ot &nd for the Water alleged to have been used for they . .3unlce pal purposes got rOrth in amid first oause- Of ActloW that said, laoreasod 'rates and chargea have bee charge 4a sx4 001looted by plaintiff W-4 Thorpe Bros., r-P-4 that by reason thareoro p1q-thtiffhan been paid in ftU FOV a thlx4 tz4 asparatt, detense, . d-efend4ant, alleges . that during the entire Peri*d refo-VTQd to it 0 = `_Morro Bros. wss# tAd. no-v is., they orner -of rea -elotate In the Country Club Dlatrlot-# rhloh -tac Pna It atbject to &amessmome for opeolal benefltsk, thLmA In 1022 Thorpe aroa, owned ftbetanw tsAlly al'i of the rroperty In said D'Utrieto and from time to tUrte ead fnm yurr to year cineo then �t brso 4isposad Of pameld the property alvned. by It theroln$ 50 that the amount of pro- pe,rtv aymed by, %t in bald 0,13trlot bad dAmInAshed from year to your with the re-sult that at the proae4t time very little real e4tate In suld Distriot to 6=04 by Th6rpo lea.; that If said hyarant reAt".1 chargoes bad been valtdj, had been presented tO do-- fondant 43M,6117jo and If valid paid amw-aly to rfwrpo Bros. or plaintiff 0 4thign the defm-U.At WOiAld have baled. VP-001al AgGeDGMOAU againat the -real estate is ant 4 Distrialt for the benefltv spealally conferred on sal-I proporty by the avallability! of said hydrants antl the u se Qf naler therefrom., &*a that the substantial biAlk Of said osoessments "uld bavo 1►een assessed against$ and would bave been pajable by Thorpe Bros. as the owners of most of the property therein; that lfg, bowever,, reoovery to bad In 'this El DVIon by the plain tiff for the hydrant rentals ' for the mom► years past alleged, tlXen the defondmt must wa either levy speola3 assessments against the property in s. tc! Dis_triot or general property taX98 against the property owners in defendant Village to gay the gameo and a-9 a .result thereof, the vastly preponderant bUrden of taxation or ssseeement will fail upon the present property us ers in said District or in said Village vio 4re, persons that, for the most Fart, have not enjoyed any ben►ef'it# ar aW substantial period of bens" fits, ftem said hydrants or the *,:ter used therein, Defendant reaoo es paragraph 0 of .the the first separate defense F rein relating to the Ident ty tai ownership of the stook of plaintiff corporation and that of Thorpe Bros. and the ir%ntity of officers and Interlocking di.reetorate of said companies. Thst.by reason of the. f6regoing f'aots Thorpe Brow, and plaintiff are estop d from asserting at this time any of the olaims for hydrnnt rentals, 'water at services, sot forth JA- the first € duso of action, agalnet ,is defendant. 0 * * For a fourth and separate defense defendant allegee that it to a municipal ndrppration Whote ,primary source of revenue Is the imposittoo of general property tastes and sp ctoial assessments; that it is the purpose r_a d intent of the statutes of this state that 4ofendant and all suniolpal oorporations in the state mil levy saoh year a sufficient amount of general p perty tees and :special aasesements to meet annual expenditures In order that current expenses may be 'Payable from our rent inoome that heoaUse of the represen- tations made by Thorpe ,Bros.. prior to and upon the sale of the lefts to the present lot oaer$, or their ptieaessoro In . title, and Aso beoause said therpe Bros, made no *laime against said defendant Village for hydrant rentals or for e savIces alleged In, the f Irst cause of action until April IOSS,t a perlod of thirteen ye e, =d because further Thorpe Bros. had, in 19322 Ad again 16 1938 Ub- oressea the water rates to the. the gZ4 subsequen't lot ovuers an4 residents to amounts suff1*1ent.- and repr6eented by Thor Bros. and plalntiff'to be oust Violent, to aom- pensate them. for all of the sorvicea alleged In 9,Ad first Oauov of a0tiong Inaluding waterg znd has collooted the s¢amoj and also because plaintiff sime 1936 has collftted a%ld Inareased rates from said lot omer% dvf-endnnt hAs been led to believe t no.oipims for hYdffiaxw% rental a or 0 tiler sea: vloed and I'Cemd alleged in -the fir-9t. Oau.96, Ot aotion over would be asserted# and has nat from p air to. year -1 eVied My. general vror*rl;y twAos or special aseasaments to Meet POA006 for amuml bydrant rentals, or for the other derV1066 alloged In the. f1rat 06use . or aotldns and twat, therefore,,, the defendant V111-agahas no funds In Its bande with. which to 1),V me& expenses for T). q9tL 7-ee. that If reGO-Very I , bo allowed in this aotior., it Vould defeat the purpose and. Intent of the Statutes tat" tb!O state in that the vmnlaipal Or, Past years tzuld not have becA paid from ta"S and epeai*1 assesaments then itVled, but Tiould be payable from taxes ana Speolal asZOOMeAtO which Would be leviied subsequeat to th entry of jud.Vent In this aotion, That by reaso n. of the tars ftats and other facts stated In this answor, Thorpe Bros, -&nd plaintirr ,are estikppe4 from aasert-ijig alsim for the r000vory of hy&ant rentoles, and for the se"icee ,*mod. water alleged to have been twnish6d In the ,first cause of action, which plain. tiff olaims have acarued Orlor to the 0-6mmeeiaement of this action; that Thorpe Bros,, and plaintiff are gullty of lacbse In the-proseoution of eald dalms sufficient t6 constitute a M Dar to VW first as s+ o &OUM alleged. Por a fifth end aeparate dofease,., defevAant alleges that more than six years have el add since tie causes of aotion, if w, aeorued for the. recovery of byarant Von-talas and for the varlou a SerVIOGS alleged In seld complaint,, Inclucling rater, for tho period Prtor to March 95$ 19-331 and, therefors.. aW aleAms which mar have aoorued prtor to sold date are barred by ftation 9191 of Naoonlei 1027 )SIanegots Statutes'.. 9 * * 0' For a situ and separate defouseo, Wone elleffes that Station 7432 of HasoWe 1927' 14naeliata Stat►tego voquires thAt Oompenoadca. be giveA by the grantee of a fiat -. obise for p1pe U-ne.6 Incident to nad, usod aa a part of a ;ater works orstem- that no donalderation vaq fum-tghod or agreed to be furatshed by the plaintiff or 1horpe Brom., for the franchise refer"d to In said first 6pxuse of ao-tiont and that OonosqUehtly neither plaintiff nor Tborpe-Sroq,'"hal, or ever had a valid franchise to install, pipe Untie 00 maintain a water: works or w&W, system In %be Village of Edina. Par a seventh and sepavate defense, defendant egos that pl-nintiff bas falloil to ao=ly. A-th the pro- vislo.nd of Section 766 of WAqonfls 1927, Minnesota ftatnte6o to that no statemento verified aa r eqltred by Seation, 7668 ot, tha t.1 9 Aims ror praptrt�r aod servleoei asserted, in the first cause of act-ton has ever been. pteeented to tho defendant 44 �'& 0% 44 � iM to 14 A& . Willa by lav to alldit or allthotize the sable that 6omplietnoe with said Seatioll Is, a 40441tIM prooedent to Vhe assertion of` the rivat eause or action aluegea in f4he eompuioi e'er its anover to the second cause or aetion alleged In *6 complaint, 4-0f. Ono' nt A110968 that It Me not knoWledge or 14forma- MOA SUM610ftt to form a 'belief as to whether or not the Plaintiff porporation-mas 447 organized or to now exiotIM Under and pursuant t6 the laws or, the Stato or xinneaot"-) and therefore denies the samio 'and puts - the plaintiff to the proof thereof, AdMi to Ike Megations iobntal4ed In tho re- allegation of paragraph 2 or the -first *sues or aetioA, Ira - De ,Q0 is allOgations oontatxe& in paragrapha 10 So 30 4 and 6- of. sAd 96don8 cause or aotion, . and ea6h End every paist ther,90t 'For Its first and separate defenseo.defendant ealeged that said storm Sewer systeth vas .1notalled and ereeted by and at the expense of the VMO.gnt. and that said Village$, singe Its creation VML"Aatallat'on has btent and now Lai, the owner of v4d storm sewer syatem# and all off` ':the.,phyajoal. property dompriaing the same; that plaint-LIT therefore to not entitled to any componsation for-tho use of said systom. 13 i V$- a second md separate derenset, defendnAt; alleges that prior to 1935#'Thorps Bros, did, and stnae 2936 tht PInIntiff has* charged th6 realdents- of otdd. Dlatrw the sium of - 50 per quarter, prior to Ins and 00 per quarter for the period -'o 0 Mmen.elng in 106j, which sums were colleated and paid as and for full. oompensation for aervioing ana maintainIng the sanitary and storm sever 00tess of said Dlotriot; that In the .year '1932 Thorpe Bros,, for the exoressed.', purpose of obtaining componsat Ica ,ror flushing said Seward and for Other aervIO-80 In maintaintag said gover ayate�, raised the then existing water rates, charged to the lot owners aril T.'e'sidsht4; of the OA41 VIU&98 for their private rA r ooee to an amount Which. wag, and rvesi represented tW them to be, auffl.eient to compeneate. them fully for flushifts said severs, ana t rom 1932 2 to 1935 Thorpe Bros. did, and 81400 1035 plaintIff has, collootod land received gaid Increased rates and charges; that by roanon of the forogoing, plaintiff hay been paid In f for the Servicing and maintenance of Said $tom,sewer system. 0 0 0 For a third and Separate defense# defendant Ologes that during the ontire period referred to In oat& complaint. ., Thorpe Bros.., m9a and now Is the ovmei* of real- a state .1 * in said -Country Clubftstriat,, wh1oh Waa-t-nd to subject to aosestment for special benefita; that' in 1923 Thorpe Bros* ovnod all of the property in satd Dia trio t,, aAd from year to year 91nae theh it has disposed of parcels of the propo"Y owned by it thoreln,' so that the amount of pnperty ovv4od by It In said Diotrict'Baas dimiAlshod pia year �O dear until the presont time,, and that at the preaetit time very little real entste in said Dia-triot is ovmod by Thorpe Bros.,-; that it said storm, sewer Service aharges had boon va.M and had been 30resentod to dofen4=t a'Mually-O and It Valldi, paid annual2l to 721orpe Bros., or PleIntirf . then the defend *aold have l0vied ap.601al, assessments etainst the pr'oporty in SaUL Die- trio tor the banerits specially oonrerraA upon said property by eald cervices,. and the substantial bulk of ezAd assessments wou,la have been esseased agaInst Ana woula have been payable 'by Thorpe Proa. as the owners of moat of the property therein If, however,, recovery to had In this action by the plaintiff far such storm sower services for the mmy past years alleged# then defendant must now either levy Speoial assessments against the Proporty, to said. District, or general 'Property taxes agalnolt property owned In defendant Village,, to poky the same* with the result that the vaaUy preponder�nt burden or such twmtio or aiseaaments wil-I fall upon present p' roperty ovaers In said District or In said Village who are persons that, for the Most Pattil''have not enjoyed any bionotit or my substantial period of benefits from said storm gaver, services. Defendant realaeps paragraph 9 of the first aM separate defense to tb* ftrOt cauao of action relating to the Identity or stookholders.'and ofnaero-ot th6 plaintIff corpora. tion and Tborpe Bros., ana 'the lAterlooXing directorates Ot said dompanies. That by reason of the :foregoing f&Otq,'plaintiff and Thorpe Bros. are eatopped from asserting at this tame azW clam for the storm sower services set forth in plaintirrid second a'ause of actidn. Pbr- a fourth and aeoamta defenses, defoadmt ,alleges that it is at mnicipal ac roorstion vffiose primary Source of revenue Is the 14-position. of genoral 'proporty taxeg end special assessments; that It ji the purpose d ini tent or the statutes of. this state that 4efeaUat PAd an MUAICIPA corporaw:- tions in this state aha%l levy each Year a surfiolent'mount of 9-Oner"I prOperty taxes and opealal aSsOqaM9fttj U me 't e 'al 6xoondlturOn in order that o' rent expenses may by PaYabl# fftM Out"at income; that be6aune or the tmtiOns made bY ThOrpe ftost prlor,t* and Upon the s. a of %he lots In e District to th-0 001ent lot owners or their pre. 4006800" In title anOL because neither Thorpe Bros. nor plaintiffmade eAy claim against the defendant.VilIggg for the use of said storm sever %vatfm or r4r the servioes alleged In the GOOOhd CaUSO of adtion at our time prior' to the Commened" meat of thla adtiong, ma beoauss plaintiff WA Thorpe Bros. have IMPOted a4d 0011OOtOd 16hafte$ from residents Individually for so "r Servialng std allatenahoe# tho defendant has been 106. to believe that no such oUim-S.ever 'would be nooertedt and has AOt from 709r to year levied any gorterel. pmoery taxes or SPOO101 sesame is to toot arw expenses of the natwe elleged in salkeepond wuse of action, and. has no funds in its hands with ,Thigh to pay juoh olalms for past yea"; that if reeolilre`V7 be allowed in this a0tio4i it would do-teat the purpose and Intent of the statates of thl's state in that expenses of PASt, Years WoUld not hags ,been paid from -taxes m4 kpeaal "Aasess- Monte then-lavied# but wou14 be 'payable f from taxes and gpeoial a3sessments vfteb "-Uld be IOVIed subse'quent-to the entry or Judgment in thi's 40tion. That b -her reasO of the fortgolM facts and ot to-Ots set forth heroin., pZalntift wA Thorpe BrOO4;,Sre Ootopped from assorting any, claiMs for' the recovery of the item* =4 Se vices set forth in the alleged ##coad am-use of &Ctjons, which ao'crued PA02* to the Oomm'eneettmt Of this actiot" =4, are 9" of lachos In the proseaution. 6f said alaimi Sufft-Otertt to, con" StitUts a bar to the 9400n'd eaus6 of motim allegOd in' the com- plaint .0 e fifth and espa"A# defftse# dofondant alleges that mare than aix years have elapsed sinos the *lusts of vetion, if air, aoOrtWd for recovery of the itess *nd SOV- viocee alleged in the esoond enure of cotton or e�1d complaint for the periods prier to Xarvh 26,, 19330 and therefore any. Olains nhich may have aoorued prior to said Bete are barrad by Seotlon 9191 of Mason's 127 Minnesota Statutes. 0 * s For a sixth and separate defense, dbfendent n1leges Lunt Section 702 of gnson's 1927 UtMeeota ftatute9 requires that Oompene ation be given by the er-antse of a fran- ®hise to derenavat village for a ftrnnehlae conferring th* might to maintrAn pipe 11nes or other conduits suoh as Oo sewer systensf that no ao ensfAton pus p,niri or agvod to be paid by the ;pin- Intiff or 1horpe Brost to the defendeAt Vilings for a fvmahtse oonferring the right to mai.ntn -An. pipe Unto or other oondutti in and through the streete, 41eye, and public srounde of the defendant Village, and that conse- quently neither. p elatiff nod' Thorpe Bros. has or over WA a valid frandhi.se to operate or m&jntAn a etorm sowor oyztea-� For a seventh and sbparato defenee0 defendant allegos that plaInti,ff has i'alled to aamply with the IMVIsione of 3eeti on 766 or i son a 19V ftrweso to statuton o in thtlt no statement* yerified &.s rsgUlred by sold ftottzin 786 of sold st ^tut+es, of the Ole-1ms for pro rty �._!nd serviass asserted in the second cause of eation s ban born presented to the V11169e Council.,, Board, or my Vilinge. offloer of the defen-U�nt r4ut'hr rized by lvtw to oudit or authorize the see; that cem- olianoo %1th said section. ie a eondition proeedent to tho Commencement of plaintiff's alley second anuse of �otlon..r 0 * * * as 17 Re-allageci ell of the allega ;cn a conta�-ned 14 Ute first def+ease to the first os,,U a of ration herein, and all of ibe ellegations o:)nteAnad In the first defense to the se*and aause Of action herein. Vii. Ali,epa that the deteftination of the 'title► to they water *yst m and hydrants and the title to the Stom SOvOr syston to LuporZent V4 the li- Antiff , to the defendant Village and to the ftsidents -rand citizens of the defendant. Ville ge In order that . a prover basis may be established for the rates to be sllarged thO restdents and oltizens of sri.d Village for water und for sewer serve aas# and ie of furtber Importance to the detandrant Village booruee if it be determined that the plain- tiff oompany Is the tfte owner of said :property, then texts should be pry± retAy assessed against and 0011e6ted from the plaintiff there oft. 1, That piantiff take nothing by either of its pretended aauee :s of aotion haveln, and that the same be dli.s�issted. , P. That a declaratory judgment and dearee be entered herein, adJudging and deorOSIz19 that the dereA- dfint is the owner of sp d water system and hydrants# fa d the storm .suer system. a. Zat defendant have 4udgmeat for its oosts sad disbursements herein, and 4. That the Gout grant to defendant suoh other an4 :further relief as main be proper. Attorneys for Defendant 1100 First national Soo Line ftilding vinneapolist Minnesota STATE OF UINNTSOTA, S9 RWRL 10. SHARPEi t being first duly sworn, upon oath says thaat he is the PresAdent of the defendant Village of Edina; trot he has reed the foregoing Answer and Counterclaim knows the oontents thereof; that the. Statements therein are true of his own knowledge save sis to such as are therein stated on information and belieri . and as to those he beliere,o.them to be- .true.. 8,A RL �IMiir�F.W.w I 1 I a . B-HA . p�1?lIII111rili1d11O� Subscribed and sworn.to before me this 30th day . of august, 1939. p°RRY R. 114upRE n' Pulr c; TTcna °pin County. Minn. s,i , i 1 t 1944. ,t l,:d l]tttllSs LG i1 rt'X(1iLa. . . Rpodl.., Pad �I I i i I i For Another Supply, Call The Hennepin County Review, Hopkins HO 7609 Doodling Pad el.4o For Another Supply, Call The Hennepin County Review, Hopkins HO 7609 Ij �N Dec.12,1944- Mr. Utley; When flushing out the aewers in the Country Club District we have used the following Hydrants and have found them to be as follows, Browndale. 4511 Does -not drain (Requires digging up.) 4615 Operating stem packing leaks (Kew packing) 4605 a a n w n a 4627 a n n n u u Sunnyside 4900 Operating stem packing leaks (Kew acking) 4707 Does not drain ( Requires digging up� 4605 �.K. Sunnyside and Moorland Operating nut releases from the stem so that the Hydrant ,cannot be shut, off. (New nut or stem) The 21in. hose connection.leaks bad and should be rele.aded and corked. Moorland 4,607 O.K. 4616 O.K. Moorland and Bridge Cracked barrel (From freezin , this barrel should,be welded or replaced These are all of the Hydrants that::.we have used up to the present time, but we have some more flushing to do and will be able to give you information on some more of them at a little latCr date. Ben Woehler Basis of adjusting Gaardens figures to rates of depreciation taken into his operations; Original values shown by table- corrected Additions 1936 - 1943 inclusive Less contributed.p: RECONCILIATION" us e-d ;lance by C.C.D. & Coo Original cost of ropertyy ADJUSTED BALANCE 7/1/44 shown $29,491 C.C.D.* & Co. investments 15300 reduced by depre- ciation 8 1/2 yrso @ 1 2/3%=14.17--2168.01 11,132 . 1 359 Suggested Price Adjusted balance of property value Deduct adjustment for,difference in original values set up depreciated to 7/1/44 and investment depreciated to 7/1/44 Deduct depreciation accruing to village on its portion 45818 @ 1.2/3% - 8 1/2 yrso- 14017% 26930 1 2/3 • 3 5 Adds Additions to se:Wer Inventory - estimated Unpaid,,ee Depreciation 44 $" 36,4933 668 $ 79002.72 0 6. 6 10.008.26 1079440.24 617 x010.9 14.90105-4 ��. F-92153841 , � 2 $'44 _1,36 _ Deducts Cash earnings of sem,er department$ 29500 Portion of excessive earnings unallowed 0.860 Less depreciation on village. portion V139360 'previously chargeds 1. We will assume construction liabilities of C.C.D. & Co. and at end of period will pay to C.C.D. & Co. any amount.that would have gone to contributions. 6769690 3 1 660933:L, 652$49 246 700 2.100 9.539 22 09017 62glance 490 *96 602!2180'"40 909429.2 76,690.1§ STINCHFIELD, MACKALL, C.ROUNSE & MOORE ELEVEN HUNDRED FIRST NATIONAL -SOO LINE BUILDING MINNEAPOLIS 10,086.81 RECAPITULATION Professional services rendered - per agreement - 1. Preparation and office work - 1330 hrs. at 7 hre. per day - 190 days at X50. -00 91,500.00 2. Court and trial work - Mr. Moore - lb! days at 6100.00 10650.00 Mr. Nicholson - 13-a days at 050.00 675.00 11,00 3. Per agreement if-result-successful. 2,.2.5,00..00 TOTAL POR SERVICES4,3��0 4. Unpaid disbursements. - per attached statement 282.20 140601.0 50 Credits: per attached statement 30120.39 BALANCE 11,586.81 Reduced per agreement with Council_ Februar�T 1943 1,500.00 10,086.81 i I• I / A A 1 �, pp o VILLAGE WATER MAINS -�/ �'' 3 Q L4 s ASSESSMIENTS ,1 ► Y ASSESSIMIT WATER MAIN n1PROV1�] T 12735: Wooddale Avenue frora Intersection of ' Golf Terrace South to Inter - section of 55th Street Contract awarded to 'Lametti & Lametti - 3/10/41 - $19581.00^ Amount fixed by Bradley as true.Cost 1,735:00 WATER IMIN INPROVEIMTT Wooddale Ave. - 55th Kellogg Ave. - 54th Oaklawn Ave. - 54th Brookvie4Rr. Ave.- 55th Park Place - 55th i Contract awarded to Barnet, Amount fixed by Bradley as $22,211.40 to 56th Sts. to 56th Sts-. to 56th ,5ts. to 56.th Sts. to 56th Sts. t & Record - 6/23/411 - $209680.36 true Cost 229211.40 THESE TWO WATER MAIN II-TROVE11ENTS V`ISRE INCORPORATED. INTO WATER MAIN NO. 1, with total 'assessment of Bonds in the amount of $249000.00.w.ere' sold to cover. WATER PAIN II-01ROVEMENT NO. 2 59361.80 Golf Terrace Heights,co.mnencing with the intersection. of Golf Terrace and Cherry Lane, southerly along Golf Terrace to its intersection with Lakeviety Drive; along Lakeview, ]give to its intersection with Unity'Avenue; Unity Avenue.to intersection with Southview Lane , Contract awarded to Barnett & Record - 8/25/41 -�$ 39393.20 - 9/8�/41 - 12476.16 _ Total - 4,869.36+ Amount fixed by Bradley as true Cost (5,361.80) r L-1. �� 7 r4); . ISG^I?,It `. PG I,IC SERVICE Ui,I1SSIQN APPENDIX I We repeat what has been reiterated many times before, naziely,N - 11 In apportioning the value, olf items, it sews im- probable, in certain cases, that any � of finite lines can be drawn; or results reachied. upon which all could be expected to agree, and the r3s.Ats must be determined by careful study and comaideration ane- the e.- terci.se of Judgment as to what is fair, ® fairly detailed statement of the apportionment of the fixed. capital ,_,rid operating expenses is presented here with the basis used,: here figxes are shown,., they are approx- tma.te averages. This is done with . the thought in 'Mind that it would give those intabasted a chance for constructive criticism and to azWest, if poesinle, any. improvements or refin&nsats which might be followed. in the Future,, E� B.pn) r'Uonment of Fixed Capital 1„ Land :. Buildix s and St uctvres Source ofStipplF Land.. Water di h -g is and Structures These items might be apportioredhthe basis of the maximum indicahted fire stream doii-rnd.a for \fire protection service to total demands., including- fire demands, It will, vary from . about l�i for a ler5e city to as much as 50% for a very small village;, Pam7pin€, Station Land and Buildgnasq These values might be apportioned on rho basis of the estimated required capacities of pumps and equipment,. which govern the nroxportion of buildings and hence the land on vrhich built allocatable to each classo This has frequently been determined on the bases of the formulas for Fr,ecoan' s curves, here reproduced for convenience> r%e use of these formulas is particularly help. ful since in most instances the actual fire demand experienced is infrequent and irregular,, The estimate of fire demand should be based on whet demands could reasonably be expected for a city of the size in question, I Free ari-s Maaimixm fro, fire streams Population in 110 s $ Z4 �ini��wu No. fire streams 1.7 V Population in Mss 0.03 Pop. in M c s., The indicated number of- fire ,streams are multiplied by the rate of discharge of stream per minute to determine fire demand in gallons floc. The rate of idischa,rge of stream per minute will normally very between 175 to 250 gallons per minute depending on tnW size of nozzle.a.nd nozzle pressure. Storage Land, Reservoir anal Staagpipae. These items together are of more importance to moire protection serviee•in .the smaller communities because more reliance is Dlaced on these structures for-pressure. Hence a..paat is usually allocated to fire protection service on the basis'of at least the normal minimum demand of this glass of service. General Office Land and.Structureso This should be, allocated en an overhead basis. 2s Purification Buildin ea and Fauinment Allocated entirely to general service-since fire protection does not need pure filtered water; P�mpin Statioaa �gt1i, me�g . This has been apportioned to fire protection service on the basis of the indicated. required capacity of fire pro - tection service, o ransmission and Distribution Investment Hains. This con, be apportioned on the basis of minimum fire demand of fire protection service. Services and ConsumersO Metem, - Apportioned IOVJ to general service,, HZLants, Apportioned 100% to fire protection service. 5, Genera? Aguipmentt This should be apportioned on an overhead basis except for Laboratory Zanipment which should be charged entirely to general service, and Pop and Transportation Xquirment night . be apportioned on the basis of minimum fire demand of fire protection service, i With the completion of. ouri apportionment of fixed capital we find that of the total there has been allocated to fire protection service, from 11 to 60% depending on the size of the community and equipment installed This figure is used in apportioning our cost of operating the utility to divide the fixed charges. sash-as depreciation, taxec and return on the investment;, betreen general service and—fire protection serviced It eras .been fairly well demonstrated that the larger the city tho more dependence the city puts on the pumpers used by the fire department for supplying, water under high pressure; The larger utilities do not attempt to increase the pressure on the mains when fires occur as do many of the smaller* In many of the latter communities a reservoir, steel tang or stand pipe is placed in an Slevated. position so as to give the r9quired high static pressu.;: a required by the fire protection service. In the smaller communities duplication of equipment is primarily due to the x =larwriterac requirements and this helps swell the propor.°tion chargeable to the fire protection serriceo Although the Fire department uses water only at infrequent and irregul a.r intervals, it at times requires many thousands of gallons per minute in 6 small -oortion of a city block. Such demand nmy occur at any point within a very large territory. In a, small city it may equal froda forty to sixty per cent of the total de:;eand, made on the plant A large city invariably maintains a great many portable pumpers. In oae large city„ such equipment is main - tained Pith an aggregate rated pumping capacitor of 26,500 gallons per minute, These pump only from hydrants on the water department's mains., Determination of Maximum Demands of Each major Class of Service. An examination of the .pumpage and cons?raption records will disclose the date . of the maximum }sourly total. The maximum hourly peak used in the anal-;rsis is determined at a rate of a number of eallone per minute To this demand we .add an estimated fire protection service demand in gallons per minute;, for apportionir-g our total .capacity or demand costs, IF The use of FreemanOs curves may be helpful in determining the maximum number of fire streams fora city of the size in ques- tion It is not necessary at this time to disc-ass such facts as that the peak hourly rate for residential consumers will not coincide with that for commercial and industrial customers. We are concerned here only with the percentage of the demand costs allocatable to fire protection service, II. Apportionment of Jperating Expenses. between capacity or Demand Costs, fttput Costs arid - Direct to General_ Service or Fire Protection Service. It should be remembered that with e. larger utility a more detailed syste'n of accounts and breakdown of operating expenses to available in preparing an allocation of costs. With a smaller Rater utility,, it may be necessary to make an all0eati0:1 of a total amor.nt expanded for one general class of expenses without the pos3lbility of making ' more detailed breakdowno The apportionment used would be more of a composite ratio considering the Wltwe'of this expenses included In the total. 1. Source. of Water g3Rpl$ These expenses include labor and material in repairs to river and lake sources, springs, large open wells,; shallops tubular wells, deep exteaian wells, or whatever the source of supply might be. Thew sxpense items occur quite regularly and for about the same amotrt3 In su,cesaive years,, in order to keep the source of supply in good dondition. Since these ex- penses are largely fixsa and do .:ot vary with the amount of water pumped,; they area allocated, 160% to "capacity's. It should be. kept in mind that. the capacity or demand costs are later apportioned to fire protection service,, on the basis of the demand which the type or service Wakes on the system. 2. Pumping Ex ep es bor and Superintendence Ordinarily a sup®ri.ntenaent., using thes common under=, standing of the duties of su li an officer,, devotes the gr&ster part of his time to overseei7-- cad .directing,, and his labor in that respect mould be quite 1apender_t of output,, and hence the greater portion abould be 'c la.r 'ed to 1,capacityo. In a. small plant,, the ,aupsx4i at, end ent ie in reality a 1.9:borer and not so exclusively a director of operation. In such a case a large part of his time in the station would be influenced by and proportioned to the output. The number of hours of productive labor rouj�'Aly approximates the number of hours the pumping plant ' =.s operated at full load. In some cases the labor could be appoA �U`Lcned upon a load or capacity factor basis. Under Vaese circumstances it would appear that frGm 20% to 30% of superintendence should be apportioned to . 0outputm and the balance to e.^.apac ty"� The capacity factor ratio is the ratio of total annual pumpa,ge to annual plant pumping capacity on a 24 hour basiso The operation of the pumping station may also. require labor in addition to tLa.t of the simerintendent, rBile the duties of thin labor concern the operation of the pumps, a large part of this may Ite non = productive when considered on a loud or capacity factor'basiso lIt requires a certain amount of help at the station whether a hundred thousand or a million gallons of rater are being,• pimped iper day, so that the item of pump labor has been appor coned in a ratio similar to super - I If a considerable part of the electric pmWing equipment to automatic in� operation£, the portion of labor apportionable to Output would tend to be smaller,, Fusl If stems power pumping i® used this should be appor- tioned to capacity anti output using percentages based on the division of coal between that used In being boilers and for standby service and that Used for pumping operation, Lubric &nta Lubricants used I a,t the station would depend almost entirely- upon the opera.tian of the various pieces of apparatus so that this item can be charged ICQ% to outpatto Purapin& StirD -plies and Exr,eAses SOue of these mi!scel1aa0WA' expenses occur regularly and hence axe more or less fixed v:iile others are dependent on the operation of the equi Iment Ex-6, a.-� s proportional to the rate at which the plant is rvncl These ;coots, are u1suallf allocated 50 to capacity- I �ainten&nce of Building; This includes m intenano:) to pimping station buildings fixtures and ;rounds, and to Aoom_.iag equipment within the building, or on the groundco Riaintezance expense on pumping station buildinge occurs irrespectiLve of the fact that the plant may be operating or idle,- It is more or less a fixed expense and cad: be charged entirel.ar to scepacityll.. Maintenance of Pu=iR Equipment, M&iatenance to pumping equipmeriti is of several types,, Some maintenance is necessary to keep uo appeaaance of equip- meat such as clerning, polishing and paintinZ; This is chargeable to "capacitytoa Wear and t6aa' at or near no load or accidents to idle machinery necezzitates some melAtenancev This portion may be small and should be charged to "capa.cityN. Thca largest portion of main.tmance is necessary due to the regular operation of the equipment and is properly chargeable to oiutput,� Some of this mainten<9 -ace will vary according to the output considering the size of, loaad and change in loa,dC Ether maintenance will vary, in proportion to the degree to .,5_ which the equipment may be overl®adedo This Mould depend on the number and type of ;p=Vingr ur!its available for operation For a smaller utility where the breakdown of main - tennce expense is not evailable in its accounting classifica- tion,, an apportionment of maintenance of pumping equipment of 65% to output and 35% to capacitor appears reasonable, These items cover repair, expenditures on cranes, hoists, machine tools, safety appliances and other miscellaneous equipment- ,A 50 -50% split between capacity and. output expenses appears reasonable. Power Purchased It is considered by some that this should be charge= able entirely to "output" since when pumps are idle no current will be used and hence no expense of this w.ture incurred, Such an apportionment is incorrect for,the' .reason that the amount paid for energy is itself made up of f°capacity4� and "output" costoo If' energy is purchased' on. a demand and. energy charge type of rate the demand charge portion; should represent the portion chargeable to capacity, Iu :zany cases this charge will average about 25% of the total bill. 'Ae Purification dense, On the assumption that purification and treatment of water is necessary only for the supply of general service, it Would appear that it should be c:hprd;ed directly in its entirety to general service, although under certain conditions a certain small portion may be assignable to fire protection service and output expenseo 4. Transmission and Distribution. gxaenses Merintendence and Labor Superintendence, salaries of office employees, labor, and salaries of shop foremen and undistributed. labor are appor- tioned 60 to 70% to capacity and X10 to g0 to output as a rule. These percentages are the result of observation of the character of the various jobs handled. Salaries of engineers„ sharp labor, labor and teeming, miscellaneous field. expense, rental of motor vehicles and niscell neous distribution supplies-and expenses have been allocated on a 50m50%,.ba,s.is, If the above segre-gatton: is not avalla.ble for a. smaller water utility, a eomposite of about 60R,40% may. be used.. Storage Reservoir and Standpipe Labor Labor of patrolling, inspecting,, and operating the di stribution storage facilities,, including distribution reser- voirs, tanks and standpipes, transportation expense appear to be as much cepacity as output. exponses,, and hence a 50 -50% split appears reasonable. nape and Recorde Labor. involved in the 'tWkeep, of maps and records of the transmission ar.,d distribution system is little affected by any output of water„ The information is for record purposes and should be ch =arged 100% to cicap6cityae. Mainteatanee of Storage Reservoir and Standpipe The expense items ins this account are-quite inde- pendent of the quantity of water sold and are charged 100% to "capacityn. Maintenance of Distribution Mata Piair and Specials . Valve and valve Boxes The maintenance. must be carried out, even "though the use of service is only nominal ompaeed to the capacity of the equipment which must be provided to meet the maximum demando It is sometimes urged thr.t this I expense should be charged wholly to output;, or at least. the greater portion should be so allocated. It appears,. however) that a substantial portico is expense which is incurred indspenden.tly of actually furnishing waters It is rather the expense incurred by the utility in holding its mains in readiness too furnish water at any time in any quantity* In many cases this expense has been appor- tioned 60% to capacity and 40% tIo output.. Itistribution Expense Items Directly-'Apportioned to 0n Gass or Another Some distribution expense items are incurred direct - ly on property such as services and meters which is used for the specific supply of water service to the individual customer: These should be borne directly by the consumer affected., Such items are as follows: Inspecting and Testin:S Meters and Measuring Devices � Removiiig and Resettini meters and Measuring Devices Inspecting Customers' installations Yaintenaace Bldgs. and mixtures Services I Meters Hydraats 100% to general n a a a ai a capacity a � general fire If a detail cl breakdown of distribution labor and mainteznc is avallable other itesis r_ &y be apportioned direct-, lye Labor land Expenses Hydrant Inspection 100% to fire- Wages turn on and off men s ro g�erai Weges emergency watchman capacity. � water wazte inspector n general Maintenance, Servica Connections Branch Connectione n fire Tocle and Equipment n s output Shop and lachiner & Bqu p„ cc ra 5n Ccm�sarciel Sr-Dea ens s Exp�nses of hano.ling applications for water, service,; meter reading�px eparing bills, collecting., bookkeeping and new business e distinctly consumer expenses- and should be borne directly by general cervice customers. Hence these costs p-re a. }ppo , ti oneed • 10V to general service I 60 General and :dlscellaneousEonses These) exp(znogs are in Uhe nature of fixed or indirect expenses. It is contendeft by raves; that they should be ahargofi entirely to "ca�- -ci.HyN in that they do not va_ • with or. are affected to any Iconciderable de ,ree by the outpiut- on the other hand they are oc� ^,s_siaue. in s�:,)`lying that output_ hence flout= puf should lbeax its p ro:portton�.te part,, One, of ±. }ie principles in cost accountl' is th,.t ea&% unit of product ;gust bear its share of the inc- Ireci. expenses,, _. The product of a weter u-ility is service rpthe��� than a. commodity, and the unit is composed of several elsmen'�is, 'both' vcap,acityll and "output" costs Hence, it is not equitable to assess the indirect expenses to any one of these i1wo elements;. but each must bear its proper share. If this Rye not done it would be found that the rats mould be so high r' r some shor a- -hour users as to be prohibitive, whale some longbrour consumer world be receiving a rate alto- gether too low, General, Undistributed and Miscellaneous expenses are chaxgeable to all dep,,- rtments and to make an equitable distribution oi' these expenses, they are apportioned on an overhead basis, l or in the sane ratio a,s the totals of operent- 1 g expenses other than these eapensas bea-T, to each other,, If euf£icieaw detail is available some general and miscellaneaus expense items aEan be segregated. charged directly to the de- partment to cfni.ch they, refer, and e.Zlorated on the same basis as the expenses of that-department, Examples of such items are boiler insurance to pumping expense, fire insurance to maainter�ance of respective buildings to which it relates, <,zL unemployment insurance and pensions expense to the salar_es and gages to which they refer° III, . Apportionment of Total Cost of Operation Between the Two 'MaJor Classes of Service C_- city or demand expense .Apportioned to fire protection service on basis of ma,Lftnsz l fire demand Out-out r=eac e From tha q• itity of rsat •r actually used in fighting fires ss obtained from the, water d:Tartment and from such data as are available as to lowed:; etc: it appears that as a rule only about 2% of the output cost is a reasonable amount to allocate to fire protection ser¢ic .: Direct co .te Pre,, of course, allocated 100%. Tha allowa=83 for l.o,cal taxes, retirement expense aa and return on thex?tir.:k; value lice been apportioned on the estimated division ^f the physical property assignable to each class-of service., giving from 10 to, 60% to fire protection service depsuding on the eize of the utility and the factors noted hereiao When the f, oregoi?Lg a11- OC &ti.an.s have been made we havo. the tonal cost of operating the utility broken down into the two major classes of service supplied. by the utility° Each analysis shores that following the indicated basis of apportionment we goy; :3 iwmp sum charge for fire pro- tection service as of a certain date Many appear to believe t6t this cost s'nould be divided by the nsaraber of hydrants in use to at a cost per hydrant. If this was done we might get a charge of $44LOO per 'hydrant for exampla,, Ilorever, if an additional block or even If several blocks of main are laid„ and hydranta instaped;, to rdd. $111.00 for each hydrant placed Night be excassiva Tho pAlitioaal charge for fire protection service which arisAe vrheu main extensions are laid and new hydrants Installed thereon will depend on such factors as tbo cost of the eztausion €* ti?e number of hydrants Installed, if a proposed exta si on is riot 2uch th -at the capacity of the plant would have to be increased in order to meet the demand, it would seem that the charge for additional fire protection service on this eztension would not include any of the capacity expenses of the utility, as these have already been included in the rate for existing fire protection. The cost to the municipality; t,hercfore& for fir's protection on the proposed extension., should be made up of the amount of the interest, local taxes and. depreciation ou the portion of the investment' allocatable to this class of servic4 and. the cost to the utility of pumping whatever additional rater is required. Thio is ne.gli.gibla as practically the only additional pumpags,. aside from what water may' actually be used in time of fire, will be the amount of leakage and cost of keeping water in the main© even if none is uced'. .if a 60 main costsMT6 Per foot to law and 3303 of the investment in mains is allocatable to fire protection service and our a.11o aace for taxes;, depreciation and return approximates 9.5% we get fixed char-gos per lineal foot of 6N main laid of approximately 5060,: With a hydrant costing in place (including its stub) „gout $100,,00 and with the same 9.59 for fixed charges vre get a.n additional charge for each hydrant placed of $9.50 The laying of 1200 feet of main and the placing of three hydrants oh this basis would add $67.20 additio &ai charge on main footage and $26.50 per hydrant. it should-be nomad that the addition of new pimps, coerce of supply and other units might so affect the portion of fixed capital allocatable to fire protections service as to necessitate reanalyzing the coats. Given below is a. calculation of an illustrative application of the foregoing method of analysis to a. hypotheti- cal case of water utility rith 6 out 1100 customers. 10- �1 1 ILLUSTRATIVE ANALYSIS OF COSTS OF SUPPLYING WATER SERVICE* ALLOCATION OF t�ZpG ?xXST5 ALLOCATI011 TO GENIL -AL AND PUBLIC jtA&PROTECTION SERVICE Costs _ E Total &Mena* a diiocatio of enses kublie b`.•P °a E 'poapacity" Costs t. $ 2922 $ 1233 4 1689 (1) "Outputs' Costs Annual E Capacity 3885 Output ° General - Public - . - �.r; „_�: ��6, �.. :s• � �� Dense y Costs r Costs `, Service s F'rP.:S„ Uncollectible Bills 100 s 100 G E o t E s a E Source of eater Supply ? $ 250 u $ 250 $ E $ $ 3440 100 to capacity Electric Power Pumping. Return V 0 v a � Total F. C;, t Labor and Superintendence n 1035 E 776 a 259 S E 75% to capacity;. 25% to output Fumpirig Supplies and Expenses E 155 G 77 $ 15515 78 $ 6950 E t 5 ” " 5� " 0 kaint enance E 275 96 179 3596 " " :6596 Power Purchased 3465 866 a 2599 2596 , 7596 Purification u 45 a 45 E E E 100% to output. Transmission and Distribution I I, 4 E w I Superintendence E 90 4 54 36 64b to capacity; 14 to output Storage Reservoir and Standpipe.Labor 10- 5 5 P. E. 50 to capacity; 50� to output Maps and Records 35 35 3 � , r. 100► to capacity" Inspecting and Testing Meters � 120 � r E 120 E t 104 direct to general - service Removing and Resetting ketess t 135 E t E 135 s 100" direct to general service Inspecting Customers' Installations 8 30 '. 30 4 100% direct to general service Maintenance Storage Reservoir and Standpipe €o 8 80 : E a t 100,% to capacity Distribution trains 395E 237 158 6 o% to capacity; to output Services " 330 33 0 100+ direct to general service Meters 310 310 v L 100% direct to general service Hydraats s 245 ,q 245 :s 100 direct to Fire Protection Service Conmercial Q 935. 8 a q ?� ioo, direct to general service Total $ 7940 E $ 2476 Ya 3359 $ 1860 s $245 Same as not® (15) General and 16i gee,' ".ari ®oae 5.4 <. -6 — 605 335 �F 31.0E 42.3 %, 23.4 ► and 3 °1% to respective classes of expense Total Operating IMpense +; - Q E $ ALLOCATI011 TO GENIL -AL AND PUBLIC jtA&PROTECTION SERVICE Costs _ - -- a Total &Mena* E E General Service kublie b`.•P °a E x 'poapacity" Costs t. $ 2922 $ 1233 4 1689 (1) "Outputs' Costs s 3964 3885 € 79 s Direct Expense _195 t 2gcj,. E Total Operating Expense ;;, _9372 _7 .113 _2.451 s Uncollectible Bills 100 s 100 E Fixed Charges;; t E a E Depreciation t 3225 8 E E Taxes r 3440 r. Return V Total F. C;, t $ 13295 t $ 8402 4893 (2) Total Operating Costs t $ 22765 b $ 15515 E $ 6950 E 42.2% to general; 57,8,6 to F.P.S. 2% to ?,,P. S. i 63.2%° to general,'- 36.8 to F.P..S.' For an average city of about 4400 pop,, 1130 customers; book value of property and plant.. $215,000; customer contribution $55,000; depreciation reserve $42,000. (l) R 12� See footncteis on separate sheet„ -Per Freeman' e cwTei3,,,, MaxWrn number fire stroams Ifinimun wober firo streams HAMMUM FIRM DMIAM General.Service Damead Fire Protection Demand 11 streamas 200 GF14 MINIMUM FIRE Di"MAND General Service Demand Fare _Protactioa bem-and 4 streams 0 200 GPM 41k ( - 0 0 4 1$7 4,., 4 1,60 1600 galo per mino 42.2% 3800 n ay 10010% 1600 gal.W pt, . Min- 6.6-,,7% goo as as ea 33,'Xd , .,2 40'0` as ea 10016% (2) Total Allocated to Land Pumping Station 2,200 1�272 57.0 to Fop.& _:_Genoral_ Office __ ____Ov-s-r-head-_baeis Ground Source of Supply 14,900 9,612 57.,S% to.FoP.So General Office Building 4.,600*! Overhead basis Pumping Station Building 50,200 3,006 57.9% to F-P,,S,, Reservoir and Standpipe 24,900 9,292 33.3% to F.P.S, Purification 1,900 0 All to General Service Pumping Station Equipment 15,900 90190 5706% to FOP-050 Distribution Mains 116,000 39,628 33.300 F,,P-s- Se-evicea -10 10,5L, 0 Al" to General Service Motors 9,700 0 4 tla as et flydranta 7 0,400. 7,400 100% to FC.P.S0 General Equipment 500* Overhead oasis Total $ 215c000 Total (Zlisginating, QQ _ 76; 400 36 ,g4i 3 /V44 71S000i'81D P .S.JLICi 3M -VICu; Cl —1'A.S31GO PUB I C s1122 PROI'F O"OWW SMVI CZ DAM TI3COANSI 1AMICIP.ALITIPS A1�'JxI's PGPUILATI OTS 3,OOO To 6, 0, li Ssn'od by 0 oat4 City Water Swap l.y Camp W, 2 j Sor v,--CL by Wisconsin Power eni 7, t COMA&Ay�, The Annual �hpxde ($76,,30) is f•sr h.7dr�--rats � d n iu -, as of Hach 1 • 193 or subsequeut add'.t,ioa3„ adeL'Lt!Ior,--.l awma . char-J3 of So par lineal foot of maim anC. ,7050 1'0� sFCh hydrant are asoessed� i 4Pn'awatosa 27.769 9 941 $19,000 $ 1913 e11en► 1,_59a P 26 2705 lo4a03 Beyfield *« 10212 P 40 2 „400 6o.00 Sorvad by Peoples Water Light and Power Compuay s °�� Served by Northern Wtscono iu Power Cumpany Public, Fire Protection Fire 15)JO Sltmber of Service Protection Pop ala- H Aua., Bydr, Charge Charge Per ,1 i er )P —PO:. ' 13A 142 =_1Q42 H chant n Berlin 41,247 M 132 $5,290 $4o,,00 B*arl in t o:a 4 � 414 m 136 59440 4o,: oo DOX"'V an 31.444 W, 102 5;611 55,01 Zdgetto -n 3 ,te6 m 109 4,612 43026 Huxley 33715 H 95 9 ,,700 102,35 Jo�'i ®rso� 3:059 6; 3.145 1�6W94 Lady, -mlt "c 3,571 m 95 6,1006 1106o Lake Genemp, 3,238 Mq 14.1 S,Sf2 62,79 LIttic C-Ute '' 36v, Y G1 6,s62 112049 NaT Loadcra 4,, 825 M 111 660 60c:00 ccono-r.owau z' 6L L� 11-- �) 5E 174 36,49 oco,ato jj 5,362 ? 129 15,000 4.16:.29 Park Falls 3,1252 K 59 4,248 72,00 PLatteaille 4:,762 M 161 90195 55,00 PIymonth 4t,1,7o m 91 40376 49,,o9 Port Waahi ;ton 4 „046 m 119 3 ,� 24C 27,23 Ripon M-66 P dot Avail. 7,630 2 1 Not A17r,i1 _ Shawsao 5,565 L 120 M30 29.;2 heboygan Falls 3,395 is 91 5,'70 5T,91 sparta 5;;S2o U 131 79930 60.92 Stoughton 4:,743- N 110 5„004 47.49 Sturgeon Bay 5,,439 W 132 70962 6032 Torah 3..91`7 � �� 94 990 59.29 Toi nhsvrk 3” fly x 'o-p5 5�097 79,26 347415 LY 1 J �_ 500 S7,, 34 Teat Bond 5,452 m 100 (;695) 49,10 Whbtewater 3,,699 :1- 131. 6,000 45, So li Ssn'od by 0 oat4 City Water Swap l.y Camp W, 2 j Sor v,--CL by Wisconsin Power eni 7, t COMA&Ay�, The Annual �hpxde ($76,,30) is f•sr h.7dr�--rats � d n iu -, as of Hach 1 • 193 or subsequeut add'.t,ioa3„ adeL'Lt!Ior,--.l awma . char-J3 of So par lineal foot of maim anC. ,7050 1'0� sFCh hydrant are asoessed� i 4Pn'awatosa 27.769 9 941 $19,000 $ 1913 e11en► 1,_59a P 26 2705 lo4a03 Beyfield *« 10212 P 40 2 „400 6o.00 Sorvad by Peoples Water Light and Power Compuay s °�� Served by Northern Wtscono iu Power Cumpany i f ✓ Vads of v *lam t t proporti o r Of oost elf' O".? :nt f systm �, Fair rapt# or a ✓ 6p -Or-lainal Samtewt , too$ m4trmtlaaw Loos OwmAtUou recamed i2laww + to covor r4um at on voatmat Loan net profit of water d*Vartwouts ^_ol t 1231*42 Add oiud . or eopmt ou zagged an vlUage + $3,59547#33 s � Piiii��OM�ilnY�ls�l�f •. �rea��Eaas�ft3m#� { tea, Av s - n no 1935 Of qf 1 11* �► s ,1401 *0119 41# Cce fK 26 4 . 1939 .� J. #w42� 1 333. x11 9 #36,; 3v �.Clf 1940 IOWA - 7,4#403.87 - 1 i00,o 1 � 004 2, ° 4p3l 74 S 1941 10 C1� � 72 *60,,' 14 &..3 # 7 , ;3,653-24, 44C?03 s 1942 . '1 #.` 72W Cx # ,CC s 14$ j7C3� 0 72le5 off f L b f1 o -$ 1935 i121COC4 X936 100,9F7056 3.�9 ;3 . 1� 1 ?1 Is 3 1941 19501 ,W; 1942 V10604, ,1967 *6 3414 of it �13 5g0.0 f u r gyp, a I� «7`A v9 4, 544 s 4*1 *' 93-9 ?t f C 44694 P1.0.33 s 36,10. = 1 *930• 114 94 *91 s 2y9 t 20 ;3* % 1-22#;30 04V ;f & .24 4 3 v 032#9 5 nit W*33 s . , 'j, ". 010- *t moinmabor 1p,0493Y 3? 38 39 40 43. 42 4 2474-1 `..fR 7i:i411�i a'IMrli°�IYFi$:4�1F�9�':ie�i. "�.•: r +�w�d'�,"'�`�i�iR�`i'�4iT i� ,�L" �'� 3�`�1i'�$�:'� �+��'�S`.�Y"e�' «a`; +�; � iL .�.` ;i' x� a`i7t�.$"IiF L-a 'i2 •,N'�a`�:_''• °sL.`r ;: rY'S ''.".'�"t°,' �'". 3e' a'1�� � �!"`"• i�C': �lr.M•riw �A�'� rilnel ©ltal.aet.onp.+t "o. aid 5,0„# ld3tlone tc� properties ., ate `1 32 .�.�.2" 119A a Les to contributions Lees depredation reao"red 56a a 2 =2 no U4801113 6*08 $879602.45 Ift $720554# , 24* $92 :800.92. 24232. .23�-- 224x3.5 2,452-30 AlbwqKo-* to cover return of OrA on lneestomt $2b U9.96 3 beat not profit of water department to U/31�42 15t?836?7 Le aI expenses, el�finatod lf500*0 ) 'IM44ticn of depreclatim abarsed on vi3Uz o Partlon - AdSusted prof It Dedut Crib oemiage of sex devto v v u plibable to roirbure", at or metropolitan surer dUArlet chart** Deducts Advances for oxtenalono to be assumed by villoto Add Inventory of Supplies -" at toot 4 Intermr-t on mortgage and mortgage expense eh arged ax expense aaunted to $5,41 '.13 r ��3�7tl�':k�!`�M�i1@A4N1:"�5�:� �gk1���QR�lbial��db ��F�iAttMi��". ���Y�" �ttd."._' ��". ���ST�idlt�'; �GZ" �° �' C: �. tIR` Ji�t�lt<" �'„ t.'>"'_• �r�.a..�4S'��t�:R'_i*��7lk�Lit; 1936 140 w1 1912 89383.2 100951 ,7* 1* 1150102 101060 5�,987� 6th #981 *% 7 *40��g 8 # .41 - Ilim,0AA 103121043 74 #403 * 7 1409 *92 ?208002660 1,47130.4 72ty lo(V 145070366 F � gy Average Return At $30#493*78. 8 2,982#Ao ► 2o71o.53 #6 3' �►25 Q ®, 3* *01 70#472-i 40 01 23#§5-34,24 49.4 11�9s.7W ammwmw ;,:sac: � :� «�.; .�►. , saw Gross 4.1 %tons 5016:70 w r7�nftj ID $ , , f "•f 71072 �.d. 19 Q r"Oductims wow all Olm " 240 + 24* Mow lAtal wo-um-tod oval uo of system *t NOT* is* 1935 AdditloW to l2*-31*..,'*,6 14-37 X*t 1937 190 1039 1"o 1941 1"2 " V... ylllllo� TI, lo A:�43AUI v %T an 0 Mool A Tsai., Awl. " 9AA,-,`:'.& r. * ?91108018 U5#00*00 $54$108*18 $ 2#645,*63 • 520*03 S "Ow sl#v'5*65 * Not Includod. In row v el 0 4 .0.0 kazlfr JPAIV,7 42340 -306,31 '434# WIA- el 0 4 .0.0 kazlfr JPAIV,7 42340 Defendants Ex. ` C. WARP i.. po�A ��.. �4T �-►^� ti w V Y110, Y J (SIR. OSCAR GAAR6EN- l �a Consulting Engineer 'Vie ; MINNEAPAL1s, MINNESOTA 1 5 Sotith Fifth Street " Bar. .4,P J6 Thorpe, 519 X- &rVwb a Avenue, Minneapolis, Minnesota, Dear Mr.. Thorpe: 1EMBfiR if AMERICA INSTITUTE OF ELECTRIC ENGINEERS' efendant's Ex. 7 porter January 7, 1935 I am enclosing herewith an appraisal of the portion of the water system set up in my report last"June. The new appraisal will be as of June, 1935, You will note that the. new depreciated value is $13.355, this figure not including the extra lot proposed for a village hall. Since talking with you a,week or two ago, I have been thinking. over.the possibilities of purchasing'or:.leasing the distribution system from the Country Club District Semdr -e- Corporation, The leasing proposi- tion would seem pre ferable.to me. To you this plan would have the advantage of retention of ownership:. In the event of a lease, some agreement would have to be made as to the ownership of the wells and pumping equipment at the termination of the lease. These would be located on property owned by you. I suggest that you think over the term and rate for a lease proposition in the event that you decide to adopt this plan. You will probably know within the next two weeks.as to whether,or not you will con-- tinue negotiations with the village council. �c 4 I do not wish to rush matters but I an thinking of the time limit 9' of May 15th set by the MinneapPlis Water Department on the increased storage capacity. At least three months should be allowed for installing wells and equipment. This means that the\proposition should be settled by February 15th so that equipment can be ordered at that time. When you "are ready to discuss the matter, please get in touch with me. OG:ER Encl. Very truly yours, Oscar Gaarden C- 0 gwNaz MM DzsIMc2 2MQX co�Qx t 81�PMCTZOB 0002 Zna l Dspreco 1►s of b/1-1/35 L of 11 j is Mt tor, 1923- .1934 19315. ,.t-As 1923 Prices 1234 P rce® 1 ?r A °� ,a d .._._._.. T59000 Gallon Tank Lovell # 709DO # 70000 # 70000 3% # 5056 44.690 # 4a4$C 51 Hydrants Lovell .3.525 3.825 3.825 2% 2,907 20984 2,,907 50th Street "Ino 1400 Ft. Lovell 3,500 MOO MOO -14% 20870 2.,922 25J70 Land for Tank thorpe 39000 2,000 20000 m 2,000 20000 20080 Engineering ® (Prorated) ( Bass ) 1.550 1.550 10550 204% 10098 1,140 11O (Pillsbury). ( Graeber) TOTAL #19oT75 #17,875 #17.575 #13.931 #13,736 #13039 t 1; INVESTMENT BY PLAINTIFF SINCE NOVEMBER 18, 1935 AND ITS RELATION TO DkI dAGE •1936 Expenditures 16;48.96 -1937 Expenditures 11,275.89 1938 Expenditures 102483.64 38, 2 ?8..49 St. Paul Fire & Marine Insur- ance Company mortgage $ 202000.00 Mortgage equals appromimately 52% of property built by Plaintiff, the ownership of which is admitted by Defendant. Ah Defendant's Ex, spy .. C .BARD, �e•Rort�a _3 f. RECAPITULATION OF WATER WORKS�APPRAISAL BASED ON GRABER INVENTORY EXTENDED AT ACTUAL CONTRAOT COSTS AND COMPARISON WTTR R7nAP.TTTTT.ATT0N OF_ GRABER APPRAISA GraberAppraisal Reproduction Reproduction Cost Cost Less Depreciation 1923 Construction *1924 Construction 1926 u 1928 1936 Land Acquired - 1936 Going Concern Value *Less adjustment for 8" main built in 1924 by. Sanitor Const.. Co. at 2.02 per ft. Excess over Actual Costs Excess over Actual Cost Less Depreciation 42,656.53 33,437,79. 705.30 2,.565.89, 16,749.la 3.000.00 99,114.37 5,766.86 J- 104 881. 23 33,652.97 28,101.29 611.26 2,292.88 16,513.87 3,000.00 84,172.27 5,766.86 89,939.13 i` Approx. 26% Approx. 28% Defendant's Ex. (C W. C. WARD, Reporter Contract Costs r Actual Cost Actual Cost Less Depreciation 31,977..87, 732.97 82,257.99 24,823.54 24,592:18 611.36 1, 485.82.E , 16, 253.701-, 3,000.00 70;766.50 Nil 615.69 70'150':81 *A11'1924 Construction extended at unit prices of Thornton Bros. contract and corrected for work built by Sanitor Construction Co. at lower price. (a) Appraisal figures accepted for items so marked for the reason that actual cost prices could not be isolated from lump sum contracts involving other work. (b) Service pipe appraised in the_ sum of $422.40 omitted for the reason that work was built by the Village of Edina under special assessment proced- ure - other work by contract between Thorpe Bros. and the Phelps Drake Company. (c) Meters included in appraisal at $260 nl% omitted as clearly being a mer- chandise item not properly included in `the property account - otherwise. appraisal figures are accepted upon Grabens statement that costs were compiled from contracts and vouchers. 29,156.161 (a) 705.03. (a) (b) 1y662.00 (b) (c) 16,,488.96, >(c) W 3,000.00 (a) 8Bi990.Q2. Nil 732.97 82,257.99 24,823.54 24,592:18 611.36 1, 485.82.E , 16, 253.701-, 3,000.00 70;766.50 Nil 615.69 70'150':81 *A11'1924 Construction extended at unit prices of Thornton Bros. contract and corrected for work built by Sanitor Construction Co. at lower price. (a) Appraisal figures accepted for items so marked for the reason that actual cost prices could not be isolated from lump sum contracts involving other work. (b) Service pipe appraised in the_ sum of $422.40 omitted for the reason that work was built by the Village of Edina under special assessment proced- ure - other work by contract between Thorpe Bros. and the Phelps Drake Company. (c) Meters included in appraisal at $260 nl% omitted as clearly being a mer- chandise item not properly included in `the property account - otherwise. appraisal figures are accepted upon Grabens statement that costs were compiled from contracts and vouchers. IF Defendant's Ex. 6� W. C. WARD, Reporter TOTAL ACTUAL COST OF WATER WORKS SYSTEM OPERATED BY THE COUNTRY CLUB DISTRICT SERVICE COMPANY IN THE VILLAGE OF EDINA By extension of Graber Inventory Using Unit Prices of.Contracts 82,990.02 ,11937 Additions from Ernst & Ernst Audit Property Account Additions, Water. Division 11,275.89 1938 Additions from Ernst & Ernst Audit as above for year 1938 10,483.64 Tot al $1042749.55 Adjustment for 81' mains built-by Sanitor Construction Company 732.97 Total Cost of Water Works As of Jan. 'let, 1939 $104;016.'58 (Samey as of March 31st, 1939 by Gaarden testimony that no additions were made between Jan. lst and March 31st,1939) . *Depreciated Value of above property as of Jan. let., 1930, based on cost . 88,483.12 A * Calculation accepts depreciation for 1937.and 1938. from Ernst & Ernst Audits. (Exhibits H and I) r ,l L) V I Defendant's )& C. WARD.. RepnrW REPRODUCTION COST AS OF JANUARY 1ST, 1937 COMPUTED FROM ACTUAL COSTS AND ADJUSTED BY LAMBERT WATERWORKS CONSTRUCTION COST INDEX Reproduction Actual Cost Cost As Of 1 1/37 1923 Construction 178 $31,977.87 *$28,600.00 198.6 1924 Construction .178 29,156.16 25,800.00 200.8 1926. Construction, 1,78 705.30 # 660.00 1928 Construction 178.0 1,662.00 # 1,740.00 171.1 1936 Construction 160,488.96 16,488.96 > "f , :, -:. • • - $81,990.02 $73, 288.96 or say $73,300.00 F � Calculations by slide rule not accurate beyond third diget., Defendant's Ex.-- W, D, WARD, Report®r 4 !u° P ", l is r RELATIVE MONTHLY VALUE For 1937 with 1913 100 LAMBERT _- .Water Electric Street Natural Artificial Works Light Ry. Gas Gas Jan. 184.7• 178.6 161.3 178.0 186.4 Feb. 185.1 181.8 163.8 17802 186.5 March 193.0 186.5 168.4 187.6 196.4 April 197.1 188.11 170.3 190.1 198.2 May 197.7 192.2 171.2 190.1 199.3 June __ 197.9 192.2 171.4. 190.2 199.3 July 198..0 192.2, 171.9 190.2 199.4 - _--- August 198.4 192.6 172.3 19007. 199:7 Sept. 198.4 192.4 172.3 190.8 199.7 Oct. 198.1 191.3 171.2 190.7 199.5 Nov. 198.5 190.2 170.8 1911.1 200.1 Dec. 198.2 189.4 170.4 191.1. 200.0 Average 195.5 188.4 .168.8 188.3 197.1 4 !u° P ", l is r COMPARISON OF GENERAL CONSTRUCTION COST INDECES. 1923 1924 1936 1937 Cost Indeces Authorit-v For Index :-1923 1924 1936 1937 American Appraisal Co. Mpls. Area .203. 198. 156. -183. Eng. News.Record 914.:. 215.36 206.42 236.41 Consolidated Eng, 226.7 213,8 191.7 202.8 Aberthaw 202.. 1980 196.0 199.4 Fruin-Colman 217. 223. 187.5 210.0 Fuller, Geo. A. 190. 194,. 168.0 186.5 Turner C.onst. Co. 1960 194.- 169.0 192.0 Tuttle 202., 202. 180. 198.5 Average excess of 1936 indeces over 1923 10.6% of 1937 1923 4*% (o Cizfendant' v Re Wti C. WAR PHYSICAL'VALUE OF WATER WORKS PROPERTIES AS OF MARCH 31, 1939 BASED ON REPRO-. DUCTION AS OF JANUARY 1st, 1937 PLUS SUBSEQUENT ADDITIONS AS.-PER COMPANY BOOKS Reproduction Depreciation Cost Value Reproduction Cost as of January 1st, 1937 - based upon costs adjusted by Lambert Index $73,300.00 $572207.00 1937 Additions 11,275.89 10,990.60 1938 Additions 10,483:64 10,450.00 $95,059.53' $78,647.60 lop f. _ - Less Retirements' 1 Hydrant $90.00 6501 -8" main on 1.0. *. *, 50th Street 1 040.00. Meter and Meter Chamber at France and 50th 400.00 1,530.00 $77,117.60 - -. Average depreciation assumed 1.9% r'�fendant's Ex. W. C. WARD, Reporter ADJUSTMENT IN APPRAISAL FOR DE LAVAUD PIPE 1923 2,146.7 at .06 128.70 1 10,322.8. at .09 929.05 2,089.8 at .14 292.51 1924 929.9 at .06 557.94 9,722.4 at .09 874.98 3,060.3 at .13 397.84 .ti 1926 330.8 (411) at .05 16.54 59.5 (611). at .07 4.16. 1928 348.0 (6 11) at .07 24.36 136.0 (811) at .10 13.60 3,239.68 1936 995.0 (611) ) Graber has.testified he used actual costs hence they reflect 1,259.0 (811) )- . De La.vaud pipe if used. i T Defendant's Ex. 6 W. C. WARD, Reporter �r RECAPITULATION OF COMPARISON OF GRABER STOAdif SEWER APPRAISAL-WITH AC— ; TUAL CONSTRUCTION_ COSTIr Actual Expenditureg Year Graber Appraisal with Eng, Allowance. Dep.. Value Actual Dep. Cost :as` Rep. Cost as of 1/1/37 Cost of 111137 N f 1923 $ 82531.32 $ 69867.71 (a) $ 7,259.95 $ 59953.15 1924 21,580.35 17,695.89) 17,489.95 14,079.40 1925 495.97 414.13, (b) 23,960.93 2,339.13 1925 409.50 335.79 1928 1,472.04 1,295.40 (6) 19472.04 1,295.40 $,32.t 079.68. $26 273.13 X29 5921,37 $24.,002.81 ke Less Fairway Sewers built 31 by Village 14,079.40. Dep. Cost of Storm Sewers not built by Spec. Assessments $ 9,923.4* Less Portions spread with pavement costs 2.674.92 Depreciated Cost of_Storm Sewers exclusive .of paving contracts and special assessments by Vil- lage $ 7,248.5® (a) Eng. -at 7% — Graber App. (b) Eng. at,- 5% — Pd-. to Pillsbury Eng. ( Inc. in Paving Assmts. ) (c) Appraisal•figures used as contract costs were not available. &A 11 � - Y Ott Ole-44 COST -BY FINANCIAL HISTORY OF COMPANY Preferred Stock Issued to' T orp a Bros. Expenditures from Acquisition to Jan. lst, 1939 Total- Cost Less Retirements Since Acquisition Cost of Used and Useful Property' Less Contributions in Aid of Con- struction -- Received 998.15 Receivable 2252.91 3,251.06 Total Co. Investment Defendant's Ex. 20 W. C. WARD, Reporter 15,300.00_ 38`, 248.49 53,548.49 1,530.00 52,018.49 3,251.,06 48,767.43 Gaarden testified to receipt of $1,048.15 — not clear that the additional $50.00 was- _ part of the receivables` or not. - Of the above net' advanced by Realtors to be repaid from income.,. Total Company Investment $ 48,767.43 Less Advances by- Realtors 11,042.30 37,725.13 Less Preferred Stock to Thorpe 15,300.00 22,425.13 Less Mortgage_ 20,000.00 Net cash Investment by Promoter 2;425.13 d W) SUMMARY OF PERTINENT DATA PROPERLY CONSIDERED IN DETERMINATION OF FAIR VALUES Actual Cost of Complete Water Works System Actual Cost prior to 1936 — (Expenditures, by - Thorpe Bros.) Expenditures for Property Account Subsequent to Acquirement by Country Club District'Service Company. Paid Thorpe Bros. in Preferred Stock of Company,- Total Cost of Water Works Properties by Financial History of Company +► Re roduction Cost as of Jan. lst, 19379 Ictual cost — adjusted _by cost index by Witness Schmidt Physical value of Used and Useful Water Works Property as of Jan. 1st, 1939 — (1937 Reproduction Cost plus additions, Tess depreciation, less retirements) Value of Water Works Plant as of Jan. lst, 1933 — Determined by Index-Ad- justment of Cost Figures Average Value of Property in Water Works System from 1933 to 1939 �- e/ $779117.60 $53,000.00 over 2 = approximately Actual Cost of Complete Property, Less i� Depreciation as of Jan. 1st, 1939 - Depreciation for 1937 and 1938 taken from Ernst & Ernst Audit Total Co. investment in Used and Useful Property as of Jan. l st , 1939 Net Investment by Promoter as of Jan. 1st, 1939 ,mss � P 40 * Not reproduction cost of Plaintiff. Defendant's Ex. W. C. WARD, Reporter 104,016.58 62,768.09 38,248.49. 15,300.00 53,548.49_ 73,300.00. 77,117.60'" 53,000.00• $ 65,058.80• $ 88,483.12 $ 482767.43 2,425.13 Defendant,S_Ex WARD, Repay ,J SUMMARY FROM PROFIT AND LOSS STATEMENT ERNST & ERNST REPORTS Water Division Net-Profit 1937 3, 463.00 • Dep. 1937 23,100.112..• Net Profit 1938 11522.62 Dep. 1938 22317.66 2 19,403'.40 4,701.70 1 .Is equal to dep. of 1.9% Int . 6.0 . 7.9% on $59,515 This constitutes a.fair return on the entire Company investment in both Sewer and.Water Systems. Defendads Ex. %3 — W. C. WARD. RevoftRr. SUMMARY FROM .PROFIT AND'LOSS STATEMENT ERNST & ERNST REPORTS Combined System Net Profit 1937 i9687.03 Dep. Chgd. 1937. 3,791.75 Net Profit 1938 810.23 Dep. Chgd. 1938 42024.46 2 1102313.47 5,156.73 7.9%, of $65, 270.00 Gross Income 1937 141289.65 1938 132296.64 27,586.29 Accounting — Collection 1937 12221.10 1938 2,037.68 Admin. & General. 1937 _4,149.05 1938 20792.63 10,200.44 10200 37% of gross collections,Excessive by at least 12 %. 27586 Defendant's; Ex. W. C. WARD, Reporter COST OF HYDRANTS --� CONNECTING STUBS AND TEES IN COUNTRY CLUB DISTRICT Cost. 1923 29 Hydrants at $74.00 2,146.00 29 12 ft. Stubs at $1.58 ft. 549.84 5800# Castings at 8A 464.00 21 Hydrants at $65.00 1,365.00 1 at $70.00 70.00 22 12 ft.. Stubs at $1.56 ft. 411.84 400# Castings . i at 60 264.00 Total Cost of 51 Hydrants installed In place with accessory pipe and castings. $59270,68 Average cost per Hydrant $103.30 # No deduction for pipe replaced by Tee. _ -- �_ ,` 4 _ PAYMENT`. FOR FIRE PROTECTION AND SEWER MAINTENANCE BY INCREASES 'IN GENERAL RATE'STRUCTURE Rate prior to 1932 12¢ Increased in 1932'to 14.4¢ Increased in 1935 to 17.1¢ Reduced in 1936 — 10% Present Rate 15.4¢ per 100 Net Increase over 1932 — per per per CU. 3.41 100 cu. ft. 100 cu. ft. 100 cu* ft& ft. Per 100 cu. ft. Defendant's Ex. W. C. WARD, Repprter Gaarden testified Annual Sales "Approximately 75,000,000 gallons.'► This is equal to 10,000,000 cu, ft. 3.4$ per 100 cu. ft. applied to sales of 10,000,000 cu. ft. amounts to — $3,400.00 per year $3,400.00 is equivalent to 1.9% Dep. plus 6.0% interest on$43,000.00. w This sum is greater than the investment allocated to Fire Protection or Hydrant Service by any witness. $3,400.00 per year is exactly equal to yearly rental of $50.00 per hydrant claimed by plaintiff. Do o 14 be �tallo�� : � c ows., Is - havolw 47daw to cduutgy ®dub ftstAot rvloe . e 0orpore►tlosa aromsot mAsr tho lsve at ubmegota, ' Its +tacosslors am. amikuAst, than rubt V IV11 r ► %0, inst ►ru* i ainula mmA aesrnts a water e:mUm xlthln the follolvim twftto m 40"004 situ* JA tho v1l1ngs bt VAUW# VMV of 901MIOU and Stato of U1mmotsr 40009W 60 sel teldto tt�t pasty �' thy► ��t�twusst ��� o� ;�siatlaD �ii�tt*+szit ���r 1p *4At (96) north of 840. + -t+ (2 4) weat.y . xylge oath a ow Plot-ovftw or csttan �»tst�x �3�} 1ft '�u+►rsphl� sw% (We sorth of %*wtr-l' (") t00r sau eot to the ft~ 11t of al], h 1 ow8�' tha s"s 40apsing tho t toliowtnd tftotss Zore om, baud s� �*ao�lbeli Do i`b��slir to��tt , . . �11�i t +� tr+s!�tt b�ide�� � dasasx'lbad. po an the W461, two of said uoutb"st Qwwt4r tho tOV It" of tho iioUrw Uo$4 tntesP- *oats 04 vast line of tkii Kciuthwarst for of *Ad 0 "tion BA tom (U)i ►"63st "Ar alb the cou ter lim of SAO its VAMA &U4 Met eso to Its lutorseatdon v4th that CoAtor line of the car"31 SoUlftent # thaw" sovxthoestowI r along the aftt* 1140 Of eidd droll t ottlw- 4 to the waot lift* of end sou went grow -) of std 6641tift Llffbt 19N thaw* soak to the point of 'b@4=tng1 Mt a traek touMW aud deca "its as toll . to —vtta , —"oi*g at. a Polat wed afffte,- eserft (071) tset South at a voint two (go) tact goo of the e404a of "lot 140102 M&am ) I mme satdth � h ftd bit0ty-SIX (06 t*$t : tart West ftu*sd o to.tm 0 tAdt� titsftes Dili two hmdrod %,KeAty (a--"O) f(;st to 91=shiha r jm s thimas s *rth to o *aid aro to the pa d of bsd;lssol�. Lxmvs a traoi bouodod cad datarlbad as 10110so to-mitt 4401 at the ;lint at'tbs let �allr►ft.of the oonter 114 of the tams Pro ri4 Road with tho *eat lift* Of Lai ZIMPOU (ll) 14 B100h VIVO f � Ctrs ft"t Addittals to X411na (as jorberjr load out u4 putted)# proftead to tho asattIV r � w lim at the V*Atrto roads tho u e. nor* 6- the sort►t QW04V at e"d LOS 11 l) to alt* vivo (5) or Asa Ist st AdUSSOIL to Ud ng ( o"MVI► 19d out AM putted) i thOW met to US 3W thoatrt mar of sald Lot noven (U h fiftenow north to the met UOPWAVIr aor"t of zat Too (10) In X31 vivo (5) Ot mitt Addlum (as toven lW out and }fi tted)1 thou" troth e fie (64) 4evrow MA fiiftom (W alnuteso ftet VMW hUnarod ea►t ty om and forty - too onmm-b�ma (31,102) t"%1 Oft" South e16*64 (U) 4OV806 ftst to tam► oonter of ft1d Um Rmair14 Aftdj thOMM vat +oaotOPW aXODS the Qantas line Ot said 8 ale► AftA to It* .teat orseetion with the - +ralova the cMW 1alrie of Said Aden t.'rattle to is pow at 'tom. e West o hav of the Worthftes one- four t2)t- alp of 941vas UoriWlu Comtlrt. UlUA . Oxespsthe theroftim two Arid -on*. ( ) &Wee +geed to the Indepondext school Astrl at No. 11 of Ala testy,. nom Pr4rU da rly dow1b " 1A sock 955 of s on Peter 1210 in the Oft of the 440i %W of s ft 40d for 89d e xb tl► �,sa "040* these ra tow 100 4.96) acres ohloh eeIid VViWerty thma"imW *t the th64t comw or bho hoth .. t qt (oft) a tlggita 3si.t3i (200 t its -tour (24h *40" $ Ot �tE�th I A* of d .90vtUftst q9WWO e+hleh Is &Uo the canter line of riftleth► S ts. 4 distamm, at sla b*mrad tub (630) feet, teas Nor* and venial earth as Woo$ U" of mat rth"Ot qmwtor OW a d#et " of t" huAdaroa aelnst;-tiv4 1995) drsotj thft" W and par"1*1 with th* SouO 11LO of Old NOV086,04 qWWW ( )t a d►letenae of diet mad 'tarty ( "t to the vast A ire o 4 MOPW t �' (WO: theme "Ush 01098 the odd f00t llna at Yot" at►st QUAW a 416t we +at "0 Hmardia #180tv. " (295) too to the point of UMAWAr4at all the &Wve awarding to the United dtgaum fcroroxiont SWIV ,thadt"tt oh!►eh par oes her41nW400 desortud Are hWe1W deol wv am W1U be he"Ina►ttor Sri ON*d to as the g4ounty diva Distrlasto for a yeetod of $mertr-flrre ( ) YOWS trm #44 after the 40to of the PASOOSO at tAa ftWO04000 Aid for that Visor do-114 the Pntrlo$ to Ur vate r %sum AM pip*$ te. Md4WP a IOU CA& saes oMW oar tall of tht sUeuts„ tears highIMMO Ond allVO air OX1, ttmg at Otath mmW hearo- .. 2 .. attte r of t t b* boufid�so of 401d,couatvr, stub D115tetat o MA usaw• 4 *oft0a thAt ptwt of ptltiloth. U"Oo raoati> , Ptah ails* WOW of the MY liutt.s of vw Our. or junnovollso, aia too ere o as Us ham► khaft 00 the Ulu& Road MA . .goad# U Qw. wat bard of 3"U611. Udbtm (U) r in To p nwW�+ =si ►t (as)* th or goo Toft+ -s ue (gb)o am 114 udevo runt MA ►" tho hSeway rMadag harth troa Fiftt.gth dtxoot to tho *Add fib. f" of i�tmg otia & fit.' Pool W lwiW Civii4W. to supply =tom rov wW WA ait RM ass to asw ;P tdu. Mao 40"fttitiou or the VIUS s of SdInso or 44Y of its 40fti* t®O US$ VIwa *Ad COMIsry club D16trioto togatb*r with the right avA POW140 04: %be ragw4t or 400AM of a p ons firao wnorat,1034 or the 41%ugs of AuAt to comae* 'NA4 wato cats am p1poe vith any oW 41 propartir vithta d OaMtry flub .its•• ttri'st, .to* use u witma► aft1d, 0MU7 club VISOWr oath [th–s right an the pan of rata 04MOyr Olub ftstotttt, iWeviao ids OU66000aV or ""004 to Obag *1* awwoisation as At'r VO 00read upon bat6wsa -lit uA ma p4rous ftVO or COVRUwuUolt„ Or "o Di j;-4_Uv^x uhidb . dio. WwW06 mat ..cAI ' Rasa* be fair Irft*oft'bV r auhd Jut- eacnox es At , watstr mina cotza64004 th tth, ooaatru , ftlutmned WA api ,tod ,,UVVU&t to .thi ► *M*# OU be 144 in snob xa=w. and 'III of ono% oitisa thtdooss and qwatty ar pip and aonatarac. ttoo " s . U op 'iaatt at by titer Yt,3 . ail Ot *ad faU40PR 444 the, QMO DWI bs ftut4fted MA meted so as to goofs W roqwUrOwIts at 41 OxIetus uWS. am rtot . to also I Vantod UtQ mid CownttVY Club i~Sts st boa coar r• its ,auWOOS VO . mad as***. to sot ausd u4n.taft to *Ad COUM#rY -010 DISC gt (wA to the s re*too a oO b etusm us mdtw o4dva wd amass obit ' it is par ttod to' &Ad votor Oves firs its a ►ad up grid v t a 'D 't t f � t mat , 'a�uh.�watf �te1 ►.. �M U! : 5► t� �A o 0 VO4 bst Vale ,6 aa sad OoMtX7 OU6 ftes"ut 70"1400 Itb* s?�it,�IMi�sove out 61 • . ;G t1w ).. ��Av 62"1 05. 3. AU outst adue WN441L be Ocrmwotod tlh the OJOIr of w � r imU41#4 wAutauod o d onto by ws+ d Oouatvy Olub DUO lot star om*wo its + aoa re . oeelpso *n ftAd 0014ntry Club Diotriot, o %b* VI&t on thm 't Of s d 06=07 Mub 144trio Service ateWAIWO its Sm"20" WA ssswaipoo to at tum 04=012t $a" eater 0440 with tho water svpxy of tho c1ty or unugoolu. kwma W - v uwo ' or Ulm OmA aW ashsoi fltetuiot bwl W a of to s "d �tW Club Dis $0110t, mw . 04=90t with "Id w ur OrGUO at ifs : to that r OOAVtMt and matatst s �f / de tollou with such watt eptom. fte Wd S%Wr Qiub #lsstf%ot 49"id o Qamw3vo its #=ooswe oad atA► . '01s11, hw*VW* ha*0 tbo r t to ohaty d l of school DIAStriot or DOWL080 as to ►s mw bar's a two rsass oftb%# ww just 14400 or Ohery tar the WOW +aesd by or U 00 Said oehOOX or othsr pubUa boUdlog. TIM W4 OUMUT Olub D16W . OWMICO COVCAY . 00490 to. awn for t'ho 04woi b usss ois sage► %O04tod'! aftmAr4,012 d ►try 101no Astriato ft of aba"oo sU o"emat for +tho *Wrrft of it sates +x immision fttas "td NOW01 home to.. the ow"t +thi ah mr us - putt44, "Not Dorm oe 646 eahool horses is rho OVOt 'tit MtfW is oosm fo Suld Oft o). hmo 14 muft d'1rs uoft tom► tsiorg tho S044 Vii. "CUOR ys It td 0MU7 Olub- v1striat uOrVIGIN C01 'o its e�1► eo nr � , i Est . d�zr o �oll�it mowwad. Vy thigt Ordlumes. or froWU,s1l, so t t at tho &VUat%OA of thie ft%ftchiee WA CMVW Olub 14990 40 Us�iar Qa%mW, its sotsoomrs or asakmao than folio v4wh=#* or as "t to ion Oporats MA oaiats $Yates* thou 4ad the 00 w4d onto wwlr Owls* o topthw erith the IwA Val* mbla x the SWO to Mttuated, 041o. 0 04 option of "Id VIIUV of , bed the absolute "tro 't' or twist ViU0400 Stmaudim all thss .save** mmAnst aM AtN* propwti q340t+ss uet or 69vors S1 th6roto, tbo vlots sat X34 comtry 010 Distuiet J*f"dw P- r its euslomews or asvei k t and to YPA4. vv"a tr 'OutW inO1y ooasa "d twftkUw'*r am ski rlghto» ""its +sot! Male ►ushiss therstotoly bsio� to d C�[ pit ' .t ltxb 3tetr9t a�rv&os i'r ite itea" Itido or #E :1 s1►, OM &U, its vights In &VA" to vM 44"Ots1l 4T *M441, h p,Us P ssh % Messes WA tombatoo "OTIOR 64 Tbo Vt�Uo of ono "I t be hoi teopoosttbilt or u4bl o for 82W dawdoat or Olutn r for 0 AVIOU4 out Of.Or by r464M of or OOMWed by ttxo UyIng or VAIntaint"S of ptvea % or the 0*44truoton MA, of is &tshSG to the sttara►otss of odd Villa& 1W +6td Mary Orb 140010 aorviott * Ito ,owocwoorst or aselves or tho QOnStn t%oA# Opagut4cas *nI*tWukWM40V srep4r of mAd water Wat4a; w4 w4 t3w C2vb "Dist riot Sort►t0s 49UPWWO Its ssusaststss o 'or "lot tt OhnWU f uddame'r *Ad SWO 4"4 VII UV naval txoas 6W aVA all 6&MAPS . resew COr `doftaes 40totuS OUtt 003F gwgtl 1*210d 'W 0044 l4 "t3 s s rtes o SAd og ttou Or "id Water Wt+op► or t O "0 of UA otmtsse of 8414- 111100 %A Us coelttftat►tou'p nto » OPOMttou or t'S.PWLV of s d, rase aut "O CTIOU ?f this afor000td omat Is it the oproitsw, caftUtl4m Ebot "$4 Cluh'DIaetrxat 29rKes %)my* tto s avaroVO or ,oOO16r. ObaU OonsttMat And yUfA & Oy Wgtdon WiVift " "WA fftf 1 t'ba sttto of Wt Oftiamco q votstr .mil' pt t. no..hwelAWato yftv4dv4q It %*t ag vorstoAq howevo p that tho *Ad S;ntry (ub Aotrtct 4artc OowpWo Its smocootwo or asotpoo at* only to b%13A cluriog 04*10.7ftt Vale vid% water sodam sal ther W +loose odrtoohlep . 1 t Uv* ttkw ar t to 04 for owe as OW (loft s*,dA"blo S*M tinfo to tUo startng thS to= of thle Iftn4shise to Other 110010nst of cstd C*=UV Club fsttrIoto OMa fit berolu "t 'bs oouss"ad as tv"t1w to 4alld Camta O.uh Dio ttz►totfis> vi tst CWV#UWO Its tuottdsl 'sl , ov 6901Pt. an &I"USI rO f nt*1.4% Boor to am# W roatAGUM t ho rl .to of the It o to and to any, etr"tst, ikiresost. h#„sh", std PA14000 @hot Ma Wdot Or My nor tom tot ilk steed CoMt%7 01'tsh v1$ %3p1*% and . the sta ur*n. "g bUft oar that the d C&MUI 01%%b Di stdot vtoo OcupWWo eta awasson or +r a04"S stAll h tho rl t tlact So tosl hor#Ja oosr400ao 0 then rrIniftst a; tam t441"U" an It* va" to 10 omsfy _ otteb %stridt eat tho . streste m wrmm$0'M4hwR0 am 041 ox q; fto VI%Up at Ram sball bwe ths riot 0 ww tia" to Vime by s or *aud*wmtiaa4 tho p1mt aM pv*ty► of mAd QamnUV Muth Distviat tae CoupazWe u and use- icee In ocub otioa '"Ith MA4 v ateer "OpIr tmo upon tho to=* and t0a"Stow h*rol t*W yr*sailm4s sM In the *Mt that said t ntr Club M.atrtat Santa* CoqpwW• Its onwsssas W4 MWIP90 owl amsot SiAtt water masum Frith too +ttw mil' of tbo 04AF 'ot UIMOW0110` er of 3l spa atiQu„ a ti of tft e ll 'bomuo. 4pustiEw )1 Ve a pogt of thor. City of ginnomwoUss %b* eeaid Citi►. Qt 4LAa OxI8 odu hare, tho ra te• 49 u*gvuo. , Ur ovalmse or sox. 4samt4oho ssld yUA* wA prove' '• used md useft, in suoh imtsr &%W4P'i/ ""oo' In, the tF1e►ftfs of vwc as ooadeeme►tiox of swab Rater *Wyly' user %W tba Y1111W of gorm �or by; iris City of alwWwa31so tiro pri 0o to he paid for ssah . OVVILY iWaU o OMAW Ur a ter oar ftw ti#u. sh"i to the teems ;am rm"A"lo valtuo or 014h Pint and proportre ussd W4 tie , ` to tht oporatto m of mob mtk ly OVUM at tho tip 0 wash s- or soefdee U". u tho doomumstog of sug+ WX and, r4ae iblo ' r. thors t hoU not be lWaIU44 '4httimfa wr bt sh* pumbass or carAmustlaurrIco at stwh s tare ow allewouft V i'ss ftMOM1100 &Wd VIII tV 0DIIW tontsm V"uep but suoh foist €ems rsnis itee�ltss �i aol. a�rttito� a�at, 'iudirnd 3R�s �il�si'ars esaratiot� Its Viii ot ZdIft or- tho city of IWO4496116# so the a VKW to* In thee MMt of lts dssirs to puV ss or meted . sball CI TS to f4hs Coun# r 01b rAstrict 00rVioe OotrpwWo lift wwasssors cto �# thirtr (30) ; *Ott** UM .of 'its &Wrs to vmvbwo scald "atv4 wwly + lex the ovent W gold I'i" ot Atha or tho Qii`ty odd mim"Ilee. as the 006 aw boo 0awat +mss with the Comt1v CTO Dist riot ii i" mow Vpoo ths pries U be pAd for owft so"w . 1 40 6 N order the r4s of vo lu* hovaU*sforo de lined, tho TiestIon of ttae pries to be vaid for sob eater saaAr optom shall be d*t9ftIwA by a board of three s ratserso *ae to bs slypclAto by the mAd< VII UV *f Ma s eer the Qitr of 3 UmoiWO is, so tho gnso a b e, one to be mMtntsd Iw the said try Club District 9146, MWAWv #md tie tIArd to U ssReetedi * d tAm 4pqftAQer* so hated,. oad the mosbars of bow of N. t tmsr* sal be detigmted by.. the xmdclpA eo"mtlou or the co"a Ctnb . striot Serrries CaMaaeW q4thin thirty (30) afRAr the expirgtion of notlm ba the amdolpil eorpofttion hraidlfe&'oro lWovided, The said b d of r pt%doera ebaIl proceeds to WVmAss eMd water vWIV entoa not ear the rao of due her ela'bei"ors pftvade d an4 the roporrt of Wd board -of Uppalsors fir a mjarity %harm' *bon made oh4l be fit" In ho office Of tho olor Of the W010104 ao*►arntleen t &WO for MUft Vlrohaae hall- tho'roWa b000m 'bILnA W 'fin tht► eeald GoMW7 Chb District SO M401 COMPOW and the mmlaly4 atidn. ampt as beralmOtor provI40d. a W a said Comtry Club DistrIot 3mvics Coapaw 041 thiersaf tor, upon $ftmad mA you Imitf doer GOGWIng of the amponsatioll for Wd& wtzte MVP° vetee# araanse ae► P er dead o t cnremmag to such ftty OWDIO astom. In the ovem0 the amicizvA wryofttion Is ftmatta ted with the pride so fixed# It "ri, within %Urtf (30) thareaftert notify to "ItIng the 0"d . Count* Glade District 6axvlob CorApam wid ifts std mmialval 0mr1mration sheAl '#brat'tw hat he 0110 cope mid *4 or purahaso' *Ad att a but W Pr000ed vpa mar notico as hevollnWove VvowtW to e+e=m a thar bmft of appreigA or to caMom, us it "I det+erMus. Ike said Gn►aoAW GIte .eetxriet. 1ri t e a ►. by the a4cWtance, of .tb* ,prWKSion a of iee Ordlaa aae. aVMS to U990104 W16 sithat. WAd''Villav of Edina or the city of minuoupolls as the **Wwds of moftiftl hwol abefoft provided for,. a +rapt %he VuVahaso price so 1 %vu or so avardsO by w4d boar& of a�,-pgaiv4* mA woes that to the evoot of oandomation e rao of valum, her nbotovn v ed We All to aftPtad om r. -gti" in the valvation. at dl Wow Ir IW*t*V. 04 4 400 -te eakat e d deed: of otworafto the varforuancs of the ca nano herela deftn0d, Pftvlded, , ftt said COMtIT I.. CIO Distrio SorTIGO cKpour s l' "..the r%&ht at wW . tW withl thlrt ► ► tax tho t MAC, Of. .4 Vlpalrt of VaCh boat of wit to +per to the Diartriet cows of R"a"In Couoty. ujQAsaeajn $, the ice. nMA 1w s"d ham of fits". by Wit+► ac tiOn or p m - coading in which JW14ldttuA con be coated vVo MOU. oaurt. 4M ups a a ;pea **Al: hwwo the, r4&t tod trio olght ouir to 1ta►" owla t OVICt COwt the O"tIOU at tho PICO to het tad tar et4h watay wVply 00414i pro"444 that the ppias to bt allowed for such aa►to Owly rpotew, by thoblattiat. CqWt W*U. t►e UO *$ hwetca doglaod. o lot said ,Oo=try OlO Attr z 60 *Nvw*• ttl4 Oaoca""" or s0151 . ehl= t l to perraft aw of than 0=41tiong as *oh . after teti cool . bat►, Ito "hear h eir 44""0 thsarorrpols a fttsr Rol$ onto. "how vita► 'that upon whloh us am* so rol ►wed. . at tali Option Of the ft" : Vim 041 sty►. qr tht:i GUY at h1weavouto as tho Ows, +. I�Oa . the a woluto p of >� `� *d u4s, o#' AUUM or of salwl dity of htM iiat..ae in ter airs► of trAluft to 04 galtUWS at d9tbed In Seatlon of WO . SMON us its 4 (10) 400 viva the youcation Of tho t?vdlw= l..s&ld 001^t1w Club DtatrUs "140 COVWA4Y I lital With the '(xlL o ClOrk of odd IMU441, Ito *ALten SOCOptMas of this Qr4luandt the ants' COVA01 r raM limitations thwaln thugl ttasaod by lt* ohm so waspWo the, Qardta � ob&U ays to as a csat>A bOwaft wAd ViUa *44 OgmmtO >` ll District SawleoM saw, its +ou►aaeesWe w "41016 # tS ►� t m Mkt* Oldly" dr awl hike► Offe6t and bo In fords ftft and of toy its pubitousion dAd s adVtomwe 41• %,_ DOZE pf"I i At of the villado tail„ Ab�Esat>t S i 01 alk 00007 IAN 19230 M $ go ?W AM mum BY 'M il"t tMt O , herstofora the Village COs% of tbo VVLUP of Idift did OVWA wit +a *$VtwAa Wdla mes r00944 to to 00 foaiowtM xoetoiuU04 W fib. 04 tho 16th 4W of � QM tobet# IL903. tie D04M at - Direatore of ub - Dlotriat se "14* 00" pave the Omorttion An and Ordiftadoe at o agotlus gr th of Dtteatoro d4y bold on *Ad 404e dIA W UWJAMMS v+attitq pt the falloe164 roolutidal OM"vw ar ths Boom or Diroatove of Comby wb Die`trilat Verde* QwWwW teat tho Od=W (M#b Ple - treat $$Mina QWW i`SU With .tho 't'tii -P*lWk of the Viii o of PAUUk itt writteA 40WOUMCM, of tUt gertAls OvdUMA00 oloftlaqd Ond U404tfa i2► VW VIIISV OOMOSI of Sho V111*0 of ZdIft #04 t by J. T. DolAfters i"r#Ot" ►t of. the VUU& GOWAlls OAd attested by N. T. MSOU, Olark, toder date Of 00tobw 130a 1993, 1644h OMAAnOe amted tia Coatry qub DIeWlat Sardea CAwpWv ite awo#gwra "d "Oi r, tho *10t 04 pvW1640i to PotallL4 wAntOn and -apoftte a< wator oreUm witMA the tanitovy attvaW ja the VIIIU ► of di"s ftuaty of Asitvwpia vAA btAto at .=esato, doe bed tat a4d Ordtaawo, ouch acMVtance to bo old by fts conadt0ton in Its co rpows ums bg its Ilmident mg Oow*Uwy sad Itwer Mtw:hed tharoU the ate out of 04o eorperation oad the Prooldwa t and 6eorotoW of sho darporatton authorized. wA dtt►oatod to pry tench wittm acooptimoo of ooid away as th* pants* co aMlons avA iilidtaslong thorAn ooaat tne4, 1 vad MV ad execute the to *t - Ot the Orpor4titon prat the gate nmo of Mr9ofttsoAs antt attach theretto the Orpofttv euai. as to >tiie emoh "t3 W%n" +rite► the YIIIAW Cif of sold Vii6s.o W# , ' "'fir„ in p maw* ut asid: aa+rodiut oa and of the AutlXwOr a . 41060tivuo lay aoaUU04, thi. ftld CwuntV Club Dietrict 4rftmi OompaW does hereby a** V% o orAlmmos am tho qtr, oa►a ti + tot3et ..t i eotktAxe4s aM doom bwaby o ecite Otis vVitteh V do OW640 to the e t the wo my be rxioa Vd%h liR V41140 .et* at s"4 Vines. IN INtOWS MW ' the OPMW Club Dilstrilell Gevftao WWwW, b" Ommed Ito eoaperate nWe U be h4teeeto. Sabovib4d by its ftoolOon And 044"tarre abd its oorporate eeei to be her to finq 6 thio 16th Aw or 06tol i 1993• SAM= B. MAPS Slomt WJA Old Its rr"Obt IN premetwe of # Spi t Z. XMIAM H. 0. w4atw its bacrot ► IIn- C.. , ` THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA Do Ordain as follows: SECTION 1: There is hereby granted to Country Club Dis- trict Service Company, a corporation organized under the laws of Minnesota, its successors and assigns, the right and privilege to install, maintain and operate a water system within the following territory, to -wit: situate in the Vil- lage of Edina, County of Hennepin and State of Minnesota, described as follows, to -wit: All that portion of the Northwest Quarter of Section Eighteen (18), Township Twenty- eight ( 28 ) North of Range Twenty -four ( 24 ) West, lying south of the right -of -way of the Minneapolis & St. Paul Suburban Rail- road Company: All of the Southwest Quarter ( SW of Section Eighteen (18) in Township,Twenty- eight (28), North of . Range Twenty-four (24) West, subject.to the easement of all lawful highways over the same, excepting the three following tracts therefrom, bounded and described as follows, to -wit:. First: Except a tract bounded and described as follows, to-wit: Commencing at a point on the West line of said Southwest Quarter (SWJ) of Said Section Eighteen (18) where the . center line of the Hopkins Road inter- sects the west line of the Southwest Quarter (SW ,I) of said Section Eighteen (18); thence southeasterly along the center line of said Hopkins Road and Eden Prairie Road to its intersection with the center line of the Carroll Settlement Road; thence Southwesterly along the center line _of said Carroll Settle- ment Road to the west line of said Southwest Quarter (SWIj) of said Section Eighteen (18);, thence north to the point of beginning; Second: Except a tract bounded and described as follows, to -wit: Commencing at a point two hundred seventy -seven (277) feet south of a point twenty (20) feet west of the center of said Section Eighteen (18); thence. south three hundred ninety -six (396) feet; thence west two hundred eighty --two (282) feet; thence north two hundred twenty (220) feet to Minnehaha Creek; thence northeasterly along said creek to the point of beginning. -1- Third: Except a tract bounded -and described as follows, to -wit: Commencing at the point of the intersection of the center line of the Eden Prairie. Road with the west.line of Lot Eleven (11) in Block Five (5) in Craik's First Addition to Edina (as formerly laid,out and platted), produced to the center line of the Eden Prairie Road; thence north to the northwest corner of said Lot Eleven (11) in Block Five (5) of Craik's First Ad- dition to Edina (as formerly laid out and platted); thence east to the northeast cor- ner of said Lot Eleven (11); thence north to the most northerly corner of,Lot Ten (10) in Block Five (.5) of said Addition (as f ormerly' laid out and platted); thence north sixty -four (64) degrees and fifteen (15) minutes, east three hundred seventy -one and forty -two one- hundredths (371.42) feet; thence south eleven (11) degreesreast.to the center of said Eden Prairie Road; thence southwesterly along the center line of said Eden Prairie Road to its intersection with the Carroll Settlement Road; thence north- westerly along the center line of said Eden Prairie Road to the point of .beginning. The West one -half of the Northeast one- qquarter (W2 of NEI) of Section Eighteen (18), Township Twenty -eight (28), Range Twenty- four (24),' Township of Edina, Hennepin County, Minnesota,'excepting theref rom.two and one - half (22) acres deeded to the Independent School District No. 17 of Hennepin County, and more particularly described in Book 955 of-Deeds on Page 121, in the office_ of the Register of Deeds in and for said Hennepin County, and also excepting therefrom four and 26/100 (4.26) acres which said property excepted is more particularly described as follows, to-wit: - Commencing at the Southwest corner of the Northeast Quarter (NEI) of Section Eighteen (18), township Twenty -eight (28), Range Twenty -four (24); thence East along the South line of said Northeast Quarter, which is also the center line of Fiftieth Street, a distance of six hundred thirty (630) feet, thence North and parallel with the West. Line of the said Northeast Quarter (NEI) a distance of two hundred ninety -five (295) feet; thence West and parallel with the South line of said Northeast Quarter (NEI), a dis- tance of Six Hundred Thirty-(630) feet to the West 1 ine. of said Northeast Quarter (NE.) ; thence South along the said West line of said Northeast quarter a distance of Two Hundred Ninety -five (295) feet to the point of be-- ginning, all the, above according to the Unit- ed States Government Survey thereof: -2- which.premises hereinbefore described are hereby designated,. and will be hereinafter referred to as the "Country'Club District," for a period of twenty -five (25) years from and after the date of the passage of this Ordinance, and for that purpose during the said period to lay water mains and pipes in, under, along, and across any or all of the streets, avenues,'highways, and alleys now existing or which may here- after exist within the boundaries of said Country Club Dis- trict, and also in, under, along, and across that part of Fiftieth Street, continued, which lies West of the City lim- its of the City of Minneapolis, and in, under, along, and across the highway known as the.Edina Road and Hopkins Road, to the west line of Section Eighteen (18), in Township .Twenty- eight (28), North of Range Twenty -four (24), and in, under, along and across the highway running north from Fiftieth Street to the said right -of -way of the Minneapolis & St. Paul Suburban. Railway Company, to supply water for any and all purposes to any person, firm, corporation or the Village of Edina, or any of its agencies for use within said Country Club District, together with the right and privilege on the request or de-' mand of any person, firm, corporation,, or the Village of 'Edina to connect said water main and pipes with any and all pro- perty within said Country Club District, for use upon and within said Country Club District, with the right on the part of said Country Club District Service Company, its suc- cessors or.assigns, to charge such compensation as may be agreed upon between it and any person, firm or corporation, or the Village of Edina, which charge, however, must in all and any cases, be fair, reasonable and just. (a). Charges and rates for water shall always be fair, reasonable and just and subject at all times to control and revision by the Village Council. -3- (b). The Village Council shall have the right to revise such charges and rates,.giving notice to the Company of its intention so to do, and the Company shall have the right of hear - ing before said Village Council. (c). The Company shall have the right to petition the Village Council to revise its charges and rates from time to time. W. Consumers, equal to 20 per cent in number as determined by the records of the Company, may petition the Council for revision*of water rates and charges made by said company from time to time. (e). The Company shall have the right at any time within thirty (30) days after the order or resolution of the Village Council is made re- vising and fixing rates and charges for water,. to appeal to the District Court of Hennepin County, Minnesota, from the rates and charges so fixed by the Village Council and shall have the right to have such order and action of the Village Council reviewed by said Court. SECTION 2 :. All water mains and connections therewith, con- 11 structed, maintained and operated pursuant to this Ordinance, c shall be laid in such manner and be of such size and thickness ,a, Wd and quality of pipe and construction as shall be shown by plans and specifications approved by the Village Council of said Village, and the same shall be maintained and operated k x so as to meet the requirements of all existing laws.. The right is also granted unto said Country Club District Service Company, its successors and assigns, to erect and maintain in said Country Club.District (and in the streets, avenues, highways, and alleys, in, under, along, and across which it is permitted to lay said water pipes) fire hydrants approved by said Village Council, which said hydrants may also be used by the Village of Edina for fire protection purposes, upon such terms as may be mutually agreed upon between said Village and said Country Club District Service Company, its successors and assigns. SECTION 3: 11 All water mains shall be connected with the sup- --4}- ply of water from a pumping station and standpipe or water tower constructed, installed, maintained and operated by said Country Club District Service Company, its successors and assigns, in said Country. -Club District, with the right on the part of said Country Club District Service Company, its successors and assigns, to at any time connect said water mains with the water supply of the City of Minneapolis. (a).. That the Company shall at all times maintain a minimum of two wells, properly equipped with .combined capacity at least equal.to 150 per .cent -of .the maximum demand.. (b). That booster pumps or tanks be maintained with sufficient capacity to supply adequate water pressure (minimum adequate pressure shall be defined as that meeting all insurance under- writers' requirements), such supply and pres- sure to be determined from time to time by the Village Council. SECTION 4: The Village of Edina and any school district having any school in said Country Club District, may connect with said water system at its own expense and to that end, construct and maintain such connection with such water system. The said Country Club District Service Company, its successors and assigns, shall, however, have the right to charge said Village or School District or Districts, as the case may be, a fair, reasonable and just price or charge for the water used by or in any said school or other public building. The said Country Club District Service Company agrees to obtain for the School house as now located, abutting on said Country Club District, free of charge, an easement for the carrying of a water connection from said school house to the street which may be platted next north of said school house in the event that water is nearer to said school house in such dir- ection than along the Edina Road. SECTION 5: If said Country Club District Service Company, --5� f r7 its successors or assigns, shall at any time during the per- iod covered by this Ordinance or franchise, or if at the ex- piration of this franchise said Country Club District Ser- vice Company, its successors or assigns, shall fail, refuse, or neglect to longer operate and maintain said system, then and thereupon said water supply system, together with the land upon which the same is situated, shall, at the option of said Village of Edina, become the absolute property of . said Village, including all the pipes, mains, and other pro- perty appurtenant or appertaining thereto, and the rights of said Country Club District Service Company, its successors or assigns, in and to said property shall absolutely cease and terminate, and all rights, easements and this franchise theretofore belonging to said Country Club District Service .Company, its successors or assigns, and all its rights in and to the streets,'avenues, highways and alleys shall cease and .terminate; (provided that acquisition of said property „ and water system by said Village under the provisions here- of shall be subject and without prejudice to any mortgage which, subsequent to the 30th day of June, 1937, may be placed on said property, water system and the franchise granted for the operation-thereof with the approval of the Village Council. SECTION 6: The Village of Edina shall not be held respon- sible or liable for any damages or claims for damages arising out of or by reason of or occasioned by the laying or main- taining of pipes and mains, or the construction and mainten- ance of trenches in the streets of said Village by said Country Club District Service Company, its successors or assigns, or the construction, operation, maintenance or re- pair of said water system; and said Country Club District Service Company, its successors or assigns, shall indemnify -6- and save said Village harmless from any and all damages and claims for damages arising out of or occasioned by the con- struction, maintenance and operation of said'water system or the.use of the streets of said Village in the construct- ion, maintenance, operation -or repair of said water system. That the Company shall always hold the Village harmless from any and all damages arising out of the use of the streets, r avenues, public alleys and squares in said Village and shall, at the request of the'Village Council,�"f ile a proper bond in a reasonable amount, the amount of the bond to be fixed by the Village Council and the Company in which written to be , acceptable to the Village. Council; or, in lieu thereof,, fur - nish evidence satisfactory to the Village Council of its financial responsibility to protect the Village against any and all such damages. SECTION 7: The aforesaid grant is upon the express condi- tion that said Country Club District Service Company, its successors or assigns shall construct and put in operation within three years from the date of this Ordinance a water .supply plant as hereinbefore provided, it being understood, however, that the said Country Club District Service Comapny, its successors or assigns, are only to build during such three -year period such water mains as they may deem advisable, and shall have the right to extend the same as they deem ad -- visable, from time to time during the term of this franchise to other portions of said Country Club District. In the event✓, of any additional development, said Company, upon order of the Village Council, after due notice and hearing before said Village Council, shall make the necessary extensions of the ' f r said water system to provide water in such new developments, p rovided,.however, that the Company shall not be required to make such extensions until assured of a reasonable return upon the cost of such extensions and equipment. __7_ SECTION 8: Nothing herein shall be construed as granting to said Country Club District Service Company, its success-. ors or assigns, an exclusive franchise, nor as in any way restricting the rights of the Village in and to any streets, avenues, highways and alleys that now exist or may hereafter exist in said Country Club District and the.streets, avenues, highways and alleys herein referred to, save only that the said Country Club District Service Company, its successors or assigns, shall have the right for the period herein cov- ered, upon complying with the provisions.of this Ordinance on its part to be performed, to construct, maintain and operate said system within said Country Club District and. the streets, avenues, highways and alleys herein provided. SECTION 9: The Village of Edina shall have the right at VOL-. any and all times to acquire, by purchase or condemnation, the plant and property of said Country Club District Service Company, used and useful, in connection with said water sup- ply system, upon the terms and conditions hereinafter fires - . c�ribed,. and in the event that said Country Club District Service Company, its successors and assigns, shall connect said water mains with the water supply of the City of Minn- eapolis, a municipal corporation, and the Village of Edina shall become, by operation of any law, a part of the City of Minneapolis, the said City of Minneapolis shall.have - the right to acquire:, by purchase or condemnation, said plant and property, used and useful, in such water supply, system. In the event' of purchase or condemnation. of such water supply system by the Village of Edina or by the City of Minneapolis, the price to be paid for such water supply system, either by purchase or condemnation, shall be the fair and reasonable value of such plant and property, used and useful, in the operation of such water supply system at-the time of such .r purchase or condemnation. In the determination of such fair and reasonable value, there shall not be included there- in nor in the purchase or condemnation price of such system any allowance for franchise, good will or going concern val- ., ue, but such fair and reasonable value shall be the normal reproduction cost, excluding the items hereinebfore mention - ed. The Village of Edina or the City of Minneapolis, as the case may be, in the event of its desire to purchase - - �`� ■e w.ewe.eeoe._.. �rR s� era or condemn, shall give to the Country Club District Service Company, its, successors and assigns, thirty .(30) days' notice a in writing of its desire to purchase said water supply system. ' In the event the said Village of Edina or the City of Minneapolis, as the case may be, cannot agree with the Country Club District Service Company upon the price to be paid for such system under the rule of value hereinbefore defined, the question of the price to be paid for such water supply-system shall be determined by a board of three ap- praisers, # ai one to be appointed by the said Village of Edina dv �4 or the:. City of Minneapolis, as the case may be, one to be e appointed by the said Country Club District Service Company, and the third to be selected by said two appraisers so.ap- °� + pointed, and the members of such.board of appraisers. shall �+ A-be designated by the municipal corporation or the Country ".rn Club District Service Company within thirty (30) days after the expiration of.the notice by the municipal corporation hereinbefore provided. The said board of appraisers shall proceed to appraise said water supply system under the rule of value hereinbefore provided and the report of said board of appraisers or a majority thereof when made shall be filed in the office of the clerk of the municipal corporation nego- tiating for such purchase and shall thereupon.become binding upon the said Country Club District Service Company and the municipal corporation except as hereinafter provided, and the said Country Club District Service Company shall there- after, upon demand and upon payment or securing of the com- pensation for such water supply system, execute a proper deed of conveyance to such water supply system. In the event the municipal corporation is dissatisfied with the price so fixed, it may, within thirty (30) days thereafter, notify in writing the said Country Club District Service Company and the said municipal corporation shall thereafter not be obligated to accept said appraisal or purchase said system but may proceed upon proper notice as hereinbefore provided to secure another board of appraisal or to condemn, as it shall determine. The said Country Club District Service Company, by the acceptance of the provisions of this Ordinance, agrees to negotiate with either said Village of Edina or the City of Minneapolis as to the methods of appraisal hereinbefore provided for, and accept the purchase p ice so agreed upon r or so awarded by said board of appraisal, and agrees that in the event of condemnation the rule of value hereinbefore provided shall be adopted and applied in the valuation of said water supply system, and agrees to execute a deed of conveyance upon the performance of the conditions herein de- fined. Provided, however, that said Country Club District Service Company shall have the right at any time within thirty (30) days after the filing of a report of such board of appraisal to appeal to the District Court of Hennepin County, Minnesota, from the price fixed by said board of ap- praisal, by any action or proceedings in which jurisdiction can be conferred upon such court, and upon such-appeal shall have the right and the right only to have reviewed by such -10- 1 District Court the question of the price to be paid for such water supply system; provided that the price to be allowed for such water supply system by the District Court shall be the value hereinabove defined. SECTION 10: If said Country Club District Service Company, its successors or assigns, shall fail to perform any of the conditions as to purchase, after notice, or its duties herein defined, thereupon said water supply system together with the land upon which the same -is.situated, shall at the option of the said Village of Edina, or the City of Minneapolis, as the case may be, become the absolute property of said Village of Edina or of said City of Minneapolis, as in the case of fail- ure to operate and maintain as defined in Section 5 of this ordinance; (provided that acquisition of said property and water system'by said village under the provisions hereof shall be subject and without prejudice to any mortgage which, subsequent to the 30th day of June, 1937, may be placed on said property, water system and the franchise granted for the operation thereof with the approval of the Village Council. SECTION 11: Within ten (10) days from the publication of the Ordinance, said Country Club District Service Company shall file with the Village Clerk of said Village, its writ- ten acceptance of this Ordinance and the grants, conditions and limitations therein contained, signed by it, and when so accepted, the Ordinance shall operate as a contract between said Village and s, aid Country Club District Service Company, its successors or assigns. SECTION 12: This Ordinance shall take effect and be in force from and after its publication and acceptance. —11— l SECTION 13: (a). That in the event of the acquisition by any such mortgagee, its successors or assigns, through foreclosure of any mortgage thus approved, or otherwise, of such property, water system and franchises, the ordinance of October 13, 1923, and all amendments and modifications thereof, shall inure to the benefit of such successor in title of Country Club District Service Com- pany, its successors and assigns, subject how- ever , to all 'of the conditions and limitations . contained in said ordinance, amendments or modi- fications. (b). That the water-to be furnished by said Company shall always be pure and safe for human con- sumption and free from contamination. 4 (c). That the Company shall furnish a proper test of i water when requested by the Village Council or It its health officer.- (d). The quality of water furnished and the times-and method of testing the same shall at all times be subject to the regulation of the Village Health Department and the Minnesota State Board of Health. F (e). In the event the Village shall acquire the sewer 4 system now operated by said Company and any addi- tions thereto, by condemnation, purchase, abandon - e ment or otherwise, the Company agrees to furnish all water needed or required for flushing sewers at a rate to be agreed upon betty en the Village ? Council and the Company, except as may be other- wise provided for,. ' (f). The Company agrees to furnish, as of June 30th, 1937, and for the preceding fiscal year, a state- ment of condition, taken from its books, together with a statement of its gross earnings and all ex- penses, sufficiently itemized and satisfactory to the Village Council, and further the Company agrees to furnish, as soon as practicable, a statement of i condition and.earnings and expenses according to recognized accounting standards and prepared by. 4_i depende tants satisfactory to the Village ! Co , as of December 31st of each year, or the Companyls regular fiscal year and covering the op- erations of the Company for the preceding twelve- (12) months. (g). That the issuance of any securities by the Company subsequent to June 30th, 1937, shall be subject to the approval of the Village Council prior to is- suance. (h). That the period of duration and the life of said ordinance or franchise, as amended, and subject to all its terms, as amended, be extended for an adds= tional term of five (5) years from the date of pub - lication of said original ordinance or franchise, to -wit: to and until the 1st day of November, A. D. 1953. -12- -a.,p i Save as hereinbefore amended, the said or- dinance or franchise is hereby in all things rat if ied and confirmed. That within ten (10) days after the publica- tion of this ordinance said Country Club Dis- trict Service Company shall file i ^rith the Vil- lage Clerk of said Village its written accept- }§ ance of this ordinance and the grants, condi- tions and limitations herein contained, and when so accepted this ordinance shall operate as a contract between said Village and said Country Club District Service Company, its successors and assigns. Y EARL C. SHARPE President of the Village Council. Attest: BEN B. MOORE Clerk and Recorder. Dated October 11, 1937. 4tnss Ax*A s.mox •eteA ftn o I so ,4e4e'I ano ut paq *aodaoouT Oq x*,4sXS as et.; oqv 3o sn -4via eq,, 3o ugTVr.wTdx* uv 4vq,4 pagsa92ns usoq siq 4T iuoT',osuuoo GTtll ui •A"tdol anon aoi noR 01 sa14'4eT sTi;'4 soje.t o', gn PI[s' *quTU9A* 49VT 30 2uT -4ems seTn2e t .coq l 4v "ITounoo oqt eutmi '*TT0da0uurA Iarm 'o PToMH *jx a o 4h6T `ST tTjdV t . 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' 8 �'� ° t7 — `►' 1 Dg 16 j7 o � �''� l , 1 I O b Y� + G! I �o I 13' i - -;1 . -. INITIALS DATE PREPARED BY APPROVED,_ BY i THOMAS VENNUM HUNTINGTON MILLER JOHN S.ACKER LAW OFFICES VENNUM, MILLER & ACKER 660 NORTHWESTERN BANK BUILDING - MINNEAPOLIS • September 4, 1941 Mr. Clarence Holten 917 Plymouth Bldg. Minneapolis, Minn. Dear Sir: I return herewith one of the agreements executed and will ask you to furnish us with an executed copy of the same. The other one relative to Hanson & Parks cannot be closed before Oscar leaves town. In substance it seems to be all right but one or two matters should be clarified. I have taken it up with them and upon Oscar's return, I think we can have this properly executed. Your s very truly, VENWM, MILLER & ACKER By TV:mb 1 -- A G R E E M E N T — I t THIS AGREEMENT, Made and entered into this day of Sep- tember, 1941, by and between COUNTRY CLUB DISTRICT SERVICE COMPANY, a Minnesota corporation, (hereinafter called the "Water Company "), party of the first part, and the VILLAGE OF EDINA, a municipal corporation of Hennepin County, Minnesota, (hereinafter called the "Municipality "), party of the second part. WITNESSETH: WHEREAS, the Water Company is a public utility, furnishing water service to various sections within the Village of Edina wherein it claims to have a franchise, and the validity of said franchise and the amendments and extensions thereof has been,' and now is, contested in an action pending in the District Court of Hennepin County, entitled: Country Club District Service Company vs. Village of Edina; and WHEREAS,.the Municipality, acting thru its duly elected Village Council, has refused, and still refuses, to recognize the validity of said franchise, the amendments and extensions thereof, and has refused, and still refuses, to grant a franchise to the Water Company, or to permit it to extend its water service in the Village, save and except as hereinafter set forth: and WHEREAS, the Municipality is in the process of laying water mains in the streets within the Village, known as Wooddale Avenue, Kellogg Avenue, Brookview Avenue, - Oaklawn Avenue and Park Place, between the inter- section of said streets with West 54th Street and West 56th Street, and the area commonly known as Hansen & Parks Addition and Golf Terrace Heights Addition, which water mains will be' connected with water mains allegedly owned by the Water Company', and WHEREAS, the Municipality is assessing the'cost of installing the water mains in said streets against the benefited property to be served by said mains, and desires that the owners and lessees shall be supplied with domestic water service, to,be furnished by the',Water Company: f� NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties have agreed, and do hereby agree, as follows: 1. The Water Company agrees to supply domestic water service in the portion of the water main extensions covered by this Agreement, at rates filed with the Edina Village Council from time to time. It is agreed that the water main extensions covered by this Agreement shall be and remain the property of the Municipality, and said Water Company shall have no right,..title, nor interest therein. 2. It is expressly understood that this Agreement shall not be deemed to be the'granting of a franchise to the Water Company in the area described, nor shall it be deemed to be an amendment or extension of any purported franchise heretofore issued; this Agreement shall not be deemed in any way to be a recognition of the validity of any franchise heretofore issued, or any amendments or extensions thereof,. and shall terminate at the date when said water system is purchased by the Municipality, or any other municipal corporation, or, in all events, upon the expiration of the period for which the primary franchise was purportedly.granted. 3. It is further understood that this Agreement is made without prejudice to any rights or liabilities existing between the parties hereto, growing out of the litigation now pending between said parties. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. IN PRESENCE'OF: COUNTRY CLUB'DISTRICT SERVICE COMPANY By 4 J ii Its President. By Its J(/Izz VILLAGE OF EDINA -2- bpi THIS.AGREEMENT, dated this 1 day of October, 1935, made by and between Country Club District Service Company, a corporation, (hereinafter called the Corporation) , party of the first part, Thorpe Bros., a Minnesota corporation (hereinafter called Thorpe Bros.), party of the second part, Oscar Gaarden (hereinafter called Gaarden ), party of the third part, and Lillian May Gaarden, wife of said Oscar Gaarden, party of the fourth part, WITNESSETH, that: WHEREAS, the Corporation owns and operates a water sup- ply and sewage disposal system under and by virtue of certain Ordinances of the Village of Edina in Hennepin County,Minnesota, within the Village of Edina and in territory - adjacent thereto, and, WHEREAS, Thorpe Bros. owns all of the outstanding stock of the Corporation, and, WHEREAS, Gaarden has offered to devote such part of his time and services as may be necessary to the development and operation of.the properties of the.Corporation upon the terms and conditions hereafter set forth; The parties hereto, in consideration of the mutual promises and covenants herein contained, do hereby contract and agree as follows: I. Thorpe Bros. wi 11' procure the adoption of amendments to the Articles of Inoorporation. and the By -Laws of the Corporation in accordance with the proposed amendments, copies of which are hereto attached, marked Exhibits ,A and B, and hereby made a part hereof. II. All of the authorized common stock of the Corporation shall be issued to Thorpe Bros., its nominee or nominees, upon a,' 4 surrender by Thorpe Bros. and cancellation by the Corporation of the shay f the present issue of $100 par common stock now owned by Thorpe Bros. III. The Corporation will- thereupon,issue.to stockholders of record a stock dividend of 153 shares of its preferred stock on the basis of 765/1000 of a share of preferred stock to each share of no par value common stock. IV. Thereafter, Thorpe.Bros. shall assign and transfer 102 shares of no par value common stock to Gaarden or -to his wife, subject to the provisions of paragraphs VI and VII hereunder, and shall retain 98 shares of no par value common stock, together with all of the preferred shares received as stock dividend as above provided. V. Thorpe Bros, shall purchase an additional 10 shares of preferred stock .from the Corporation at par for cash and PP Gaarden shall purchase 20 shares of preferred stock from the Corporation at par for cash. Gaarden hereby expressly consents to the retirement of the preferred stock referred to in Paragraph III hereof, to- gether with the preferred stock purchased by Thorpe Bros. from the.Corporation for cash, serially, at the rate of 15 shares per annum, in accordance with the provisions of Article V of the Articles of Incorporation of the Corporation as amended and prior to the redemption of any preferred stock purchased by him for cash in accordance with the provisions of this contract. Vi. Gaarden shall not sell or hypothecate or otherwise dispose of his stock other than to his wife, nor shall she sell, hypothecate or otherwise dispose of such stock, for a period of -2- i seven years from the date of this contract and a written en- dorsement to this effect shall be placed upon the face of the share certificates issued to Gaarden or his said wife pursuant to the provisions of Paragraph IV hereof. At the election of Thorpe Bros., Gaarden shall place his stock in escrow to insure the observance of this provision. VII., Four shares of the common stock transferred to Gaarden or his wife under the provisions of Paragraph IV hereof shall be transferred subject to immediate repossession by and reassignment to Thorpe Bros. upon the death of Gaarden at any time during a period of seven years from date of this contract, the title of Gaarden or his wife thereto being conditional only and subject to the rights of Thorpe Bros. in and to the same in accordance with the provisions of this paragraph, and Gaarden and his wife hereby authorize, direct and empower the Corporation to make such reassignment and transfer of said four shares as herein provided. For ,a period of seven years from the date of this contract, the certificates fob the said four shares shall be de- posited with and held in escrow by R. J. Flanagan, and Gaarden and his wife do hereby constitute and appoint said R. J. Flanagan their attorney and agent with power of substitution to vote the said four shares as their proxy for the election of Directors at any annual or special meeting of the stockholders of the Corpora- tion, and during the said period of seven years this proxy shall be irrevocable. A written endorsement shall be attached to the face of the share certificates covering the said four shares, setting forth the provisions of this paragraph. VIII. At the end of seven years from the date hereof, there shall be no restrictions of any kind upon the free disposition of the common stock of the Corporation. -3- ,1 v J 4 IX. By amendments to the Articles of Incorporation, which amendments shall not be revoked or amended except with the written consent of Thorpe Bros., the Corporation agrees to make available water to the mains that now or hereafter shall serve Section 19, sometimes known as the Bull Tract, Sunny Slope, and the Golf Course of the Country Club, and any other tracts in the vicinity thereof now or hereafter owned by Thorpe Bros., Inc., a corporation, or Thorpe Bros., a corporation, or the successors or assigns of either of'said corporation, Any expense-to connect the mains of the Corporation as herein set forth shall be borne by the Corporation alone. All water sold to the owners or occupants of lots or land in said Section 19, sometimes known as Bull Tract, Sunny Slope, and the Golf Course of the Country Club, and any other tracts in the vicinity thereof now or hereafter owned by Thorpe Bros., Inc., a corporation, or Thorpe Bros., a corporation, or the successors or assigns of either of said corporations, shall be at the same price and rate as the water sold by the Corporation to the residents of the Country Club District. I14 WITNESS WHEREOF, the corporations above named have executed these presents by their duly authorized officers in that behalf and have caused their corporate seals to be here- unto attached, and Gaarden and Lillian May Gaarden have hereunto set their hands and seals the day and year first above written. COUNTRY CLUB DISTRICT SERVICE COMPANY, by THORPE BROS. By OSCAR GAARDEN Oscar Gaarden LILLIAN MAY GAARDEN Lillian May Gaarden EXHIBIT "A" COUNTRY CLUB DISTRICTSERVICE COMPANY Amendments to Articles of Incorporation ARTICLE II This shall be amended to read as follows: "The time of the commencement of this Corporation shall be the 14th day of May, A.D. 1923, and its duration shall be perpetual." ARTICLE V This shall be amended to read as follows: "The capital stock of this Corporation shall be divided into the following classes of shares: A. Preferred. There shall be 300 shares of preferred stock, each share having a par value of $100 and shall be entitled to an annual divi- dend of 6% upon the par value thereof, which dividend shall be cumulative and payable quarterly on the first of February, May, August and November in each year. In the event of dissolution or liquidation of the Corporation or distribution of its assets for any other cause, the holders of such preferred stock shall be entitled to receive for each share thereof out of the assets of the Corporation and before any of such assets shall.be distributed to the holders of the common stock, a sum equal to $100 per share plus the amount of all unpaid dividends then accrued thereon. Commencing on the first day of November, 1937, and thereafter , on the first day of November in each year, the Cor- poration sh�d1 red em and retire its preferred fAell, stock at par, serially, beginning with the first of such shares allotted and at the rate of 15 shares per annum until the whole of the outstanding pre- ferred stock is redeemed and retired. Upop de_ felt in the payment of -any quarterly dividend above provided for or upon failure of the Corporation to retire any of the preferred shares at the time as above -set forth, all voting rights of the common stock hereinafter provided for shall-immediately cease and determine -and - each holder of preferred shares shall immediately be entitled to one vote at all stockholders' meetings for each share of preferred stock held by such holders. The voting rights of the preferred stock shall cease and terminate and the voting rights of the common stock shall be reestablished upon payment by the Corporation of all arrears of dividends upon the preferred stock and the retirewnt of all preferred stock required to be ret red in accordance with the foregoing provisions. - i No dividends on the common stock shall be paid so long as any preferred stock remains out- standing. B. Common. There shall be X00 shares of common stock, having no par value, which shall be issued prorates tp the =_hn1 tiers - -of hp oma -t&Udi ng -x=Lg nal shares of capital stock of this.Corporation, and in exchang- krefor. The said original shares of pital stock of this Corporation, being 500 shares of the par value of $100 each, shall be thereupon c elled and lled. Each holder of common stock of this Corporation shall have one vote at all stockholderst meetings for each share of stock held by him, except as in this Article above provided." ARTICLE VII A new Article VII shall be added, reading as follows: "The assets of this Corporation may be sold, in .whole or in part, or segregated, at any time but only upon the written consent of the holders of three - fourtha of the outstanding shares of the common stock." ARTICLE VIII A new Article VIII shall be added, reading as follows: "The Corporation shall, at its own expense, connect Its water and sewage systems and services with the. mains that now or hereafter shall serve Section 19, sometimes known as the Bull Tract, Sunny'Slope, and the Golf Course of the Country Club, and any other_ tracts in the vicinity thereof now-or hereafter owned by Thorpe Bros., Inc., a corporation, or Thorpe Bros., a corporation, or the successors or assigns of either of said corporations_, and thereby shall make available through such mains the water supplied by the Corporation. Such water shall be sold to the owners of lots or land in said Section 19, sometimes' known as Bull Tract, Sunny Slops,.and the Golf Course of the Country Club, and other tracts above referred to, at the same price or rate contemporaneously charged by the Corporation to.users of its water within the so- called Country Club District, according to the map or plat thereof on file in the office of the Register of Deeds of Hennepin County. The pro- visions of thie.Article shall not be revoked or" amended except upon the written consent of the holders of three - fourths of the-outstanding common stock and the written consent of Thorpe Bros. a- Minnesota cor- poration. ARTICLE IX A new Article IX shall be added, reading as follows: "These Articles may be amended 'or repealed only by affirmative vote of the holders of three - fourths of the outstanding shares of the common stock at a regular or special meeting of the stockholders except as herein otherwise provided." -2- EXHIBIT "Bu COUNTRY CLUB DISTRICT SERVICE COMPANY . Amendments to By -Laws ARTICLE VIII Article VIII shall be amended by adding the following paragraph: "Sec. 4. For a period of seven years from the adoption of this amendment, all gross operat- ing expenses above the -sum of Twelve Hundred Dollars ($1200.00) yearly, together with the salaries, or wages of officers, directors,-cleri- cal or other employees, must be approved by .vote or written consent of the holders of three- fourths of the outstanding shares of the common stock." ARTICLE IX Article IX shall be amended to read as follows "These'By -Laws may be amended or repealed only _by affirmative vote or written consent of the holders of three - fourths of the outstanding shares of the common stock." j I Country Club District Se- rvice'Compang 4611 rooddale:.Avenue Minneapolis,. Minnesota Attention: Mr. Oscar Gaarden; President Gentlemen: Notice is hereby given to you.that it is the desire of -the Village of Edina-to ' purchase that part of the water supply system and -- plant;, now used. and useful, owned by your company. In accordance with the provisions of the franchise, and the resolution of the said Village, you are hereby: given thirty (30) days'. notice thereof. -A certified copy:of the resolution direct- ing said notice is enclosed herewith. Yours. very truly, Clerk- of the Village of Edina. OLUx`ION TIRMIAS, It is desirable to Maur. ohage teat part of tho water supply system and plant now used and use rul, owned by the Country Club DistrSct Services Coxp=y, III* 1S BNMO;+VEM, by the Council of the Village of Edina, that the clerl: ben and he hereby is, directed to give to tho Country Club District Service Company thirty (ad) days, written notice of the desire of the Villal a to purehsse that part of the water supply systan and plant, now used and useful, ow nod bye and belont,,Lng to t"fe Country Club Dieatriat Service Company. Passed this 15th day of March, 1945. ATTEST: (Signed) T. L. TODD President of Council (Signed) BOWER HAINTHORVE Village Clerk CONTRACT and GUARANTEE THIS AGREEMENT made this 13th day of June, 1923, by and between Country Club District Service Company, 206 Andrus Building, Minneapolis, Minnesota, hereinafter referred to as the Service Company, party of the first part, and W. D. Lovell, 1415 8th Street S.E., Minneapolis, Minnesota, herein- after referred to as the Contractor, party of the second part, WITNESSETH: That the contractor in consideration of payment or payments hereinafter specified to be made by said Country Club District Service Company, hereby covenants and agrees to furnish all labor, materials, tools, and equip -. went necessary to do and perform all the work in the construc- tion of certain improvements, to be installed on property of and right of way furnished by the party of the first part, and known as the Country Club District in Hennepin County, State of Minnesota, as stipulated below: A. For the construction of a Sewer System, a Sewage Dis- posal Plant, and a Water Works System; in accordance with „ plans and specifications prepared by Fredrick Bass, Engineer, Minneapolis, Minnesota; the plans and specifications being herewith attached and made a part hereto and identified as follows: Exhibit A. Specifications, blueprint sheet number 1-2-3-4-4a-5-6-7-7a-7b-7c-7d-7e-7f- 7g-8-9-10-11. B. For the construction of a Storm Sewer in accordance with plans and specifications prepared by Paul L. Mueller, Landscape Architect, 49th and Bryant Avenue S., Minneapolis, Minnesota; the plans and specifications being herewith at- tached and made a part hereto and identified as follows: Exhibit B. Specifications, blueprint sheets number 12- 13 -14. C. For street grading per specifications prepared by Paul L. Mueller, Landscape Architect, 49th and Bryant Avenue S., Minneapolis, Minnesota; specifications being herewith at- tached and made a part hereto and-identified as Exhibit C. IN CONSIDERATION of the faithful performance of this contract said Country Club District Service Company agrees to pay said 'W. D. Lovell..in cash as follows: A. For the Sewer System, Sewage Disposal Plant, and Water Works System, the sum of Eighty five Thousand one hun -' dred thirty two Dollars and fifty cents ($85,132.50)„ it being understood. that the amount of work to be done under this section is as follows: 2600 feet 8" sewer pipe, 9980 feet 611 sewer pipe, 2250 feet 4" house connections, w J -2- i Trenching and backfilling for the above, 3 Manholes not over 6'feet deep, 31 Manholes not less than 6.feet deep and - not over 10'feet deep, 6 Manholes not less than 10.feet deep and not over 16 feet deep.. Sewage Disposal Plant consisting of: Air Lift, Imhoff, Tank, Dosing. Tank, Siphon, Sludge Drying Bed, Percolating Filter, Resettling Tank, Sand Filter with con- nections, Appurtenances and Outlet (first unit of sand filter only to be constructed) and Chlorinating Plant. Water Works System consisting of -: 4200 feet 811 class aBu eastiron pipe, 9760 feet 6" class 11B1.1 cast iron pipe, -. 2470 feet 4" class -11B11 cast iron pipe. Special castings for-same as shown on !- plan, 243 House connections, mac° 4 - 80 gate valves and boxes, 11 -611 gate valves and boxes, 30 -50 Waterous improved fire hydrants 'with-,. two hose nozzles and one steamer connection, Meter, Meter chamber, Steel Tower and Tank (75,000 gallons on 80 foot .tow.er) B. For the Storm Sewer, the sum of Six Thousand Seven Hundred and Eighty Five ($6,785.00) Dollars. The amount of work covered under this section being as 'follows; 810 feet 150 No.-2 Standard Sewer Pipe, 133 11 120 No. L u a u 661 u 180 No. 2 u a u 768 11 200 No. 2 n a a 685 11 2211 No. 2 a u n 470 11 2411 No. 2 u n u 4 Manholes not over 6 feet.deep 7 Manholes not less than 6 feet nor over 10 feet, 16 catch basins. C. For Street Grading, the sum of Twenty Thousand One Hundred Ninety Eight ($20,198.00)-Dollars,.the total amount of'work covered under this section-to be as follows: . , 56724 Cubic Yards excavation, 134000 11 11 overhual.. If rock paid for extra, as I Loose Solid Extra excavation is encountered, same is to be follows: rock, per State Highway specification $1.00 per cubic yard. rock, per State Highway qDecification $2.00 per cubic yard. work - cost plus fifteen (15) per cent. r3r Trees, each — Clearing $2.50;`Grubbing $2.50 Payments to be made monthly during the progress of the,work based on estimates covering the material furnished and labor performed; approved by Fredrick Bass, Engineer, or the Engineer in charge,.f or the sewer system, sewage disposal" plant and water works system; and by Paul L. Mueller, Landscape Architect, or the•Engineer in charge, for the storm sewer and grading. The Service Company may retain Ten (10) per cent. of the estimate until final completion of the work which ten per cent. retained shall be paid within thirty (30i,days after final completion. Should the amount of work vary from the quantities stipulated above, the following unit prices shall be used, in final settlement: A. Sewer - System pipe including trenching and 8u pipe laid. not including trenching 36¢ per lin ft. 6u pipe laid not including trenching 25¢ per lin ft. 4u service pipe laid, including trenching 550 per lin ft. Trenching and backfilling 01 to 31.deep 100 u a u a If a 31 to 61 If 13¢ u a a a u u 6r to 81 0 180, u 0 u u if a 81 to 101 d 32¢ If If u II if a 1Q1 to 121 " 45¢ If n a a a a 121 to 141 If 55¢, a u u If u u 141 to 161 d 80¢ ii If a Manholes not over 6 feet deep $45.00 each „ u 6 feet to 10 feet 60.00 " trenching 0 10 feet to 16 feet 90.00 0 Waterworks System 1.88 4" cast iron pipe I including trenching , 240 pipe including trenching and backfilling $1.18 per lin ft, 6" cast iron pipe including trenching 2.27 and backfilling 1.58 per lin ft 8u.cast iron pipe including trenching and backfilling 2.18-per lin ft , Special castings in place 8$ per pound Service connections from main to curb $26:00 each 411 Gate valves and boxes set 26 -..00 each 6" u a 1." a u 37.60 u 8u1 If u u u u 52.00 u 50 Fire hydrants with steamer connection set (for 4" hydrant deduct $10 each) _ 74.00 each B. Storm Sewer 12" pipe including trenching and backfilling 90$ per lin ft. 15" pipe including trenching and badkfilling $1.14 180 pipe including trenching and backfilling 1.42 If n u 200 pipe including trenching and backfilling 1.59 0 " It 220 pipe including trenching and backfilling 1.88 If u 0 240 pipe including trenching and backfilling 2.27 a if If �j i Manholes not over Manholes 6 feet o Catchbasins C. Grading Excavation Overhaul 6 feet $45.00 each 10 feet 60.00 each 50.00 each -300 per cubic yard. 20 per cubic yard. ,It is further understood and agreed that if the Service Company finds it necessary to omit the water meter and meter chamber, the sum of One Thousand Seventy Four ($1074.00) Dollars shall be deducted from this contract; and if the Service Company finds it necessary to use a pump and pumphouse, the sum of Two thousand five.hundred eighty five (42585.00) Dollars shall be'added to this contract. It is further understood and agreed that Contractor shall have access free of charge to sand and gravel required for this work now located on the property of the Owner near the work. It is further understood and agreed that the unit prices given above shall apply as regards further extensions of this work, providing there has been.no change in the price of sewer pipe and water pipe and fittings from the price in effect April 21st, 1923. If the price has advanced, the Ser- vice Company is to pay the additional amount -.if the price has declined, the Contractor is to credit the amount of the decline in price. Said W. D. Lovell agrees to commence work at once and prosecute same with all possible diligence so as to secure completion as quickly as possible after receipt of materials, and to complete October 1, 1923. He further agrees to save the Service Company harmless from all claims on account of labor or material incurred by him in the construction of this work. He further agrees to carry compensation insurance covering all his em- ployees on this work and save the Service Company harmless from any claims for damages because of his operations. Said Contractor hereby agrees to furnish to the Service Company.a satisfactory bond, guaranteeing the execution of this contract. If Service Company should decide to waive bond requirement, One thousand three hundred and forty five ($1345.00) shall be deducted from this contract. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day first above written. Party of the first part, COUNTRY CLUB DISTRICT SERVICE COMPANY S. S. THORPE, Pr. Party of the second part., W. D. LOVELL R. D. MARSH TO W. D. LOVELL, Minneapolis, Minnesota: In consideration of the sum of One Dollar in hand paid by said W. D. Lovell to the undersigned, and of his entering, at the request of the undersigned, into-the attached contract with Country Club District Service Company, a. corporation, the undersigned Thorpe Bros., Inc., does hereby guarantee, promise and agree to and with said W. D. Lovell that said Country Club District Service Company will well and faithfully.perform and fulfill everything in said contract on its part to be performed and fulfilled, at the times and in the manner therein provided, and also that said Country Club District Service Company will pay promptly all payments of money to be made to said W. D .Lovell by 'it as specified in said contract, and at the times therein provided. The undersigned Thorpe Bros. Inc., expressly waives and dispenses with any demand for performance or payment upon said Country Club District Service Company and any notice to the undersigned of the acceptance of this guarantee or of non - payment or non- performance on the part of said Service Company. The said W. D Lovell may grant any extension of time or indulgence to said Country Club District .Service Company for the payment of any sum or sums to become due under said contract, or the performance by said Service Company of any of its obligations thereunder, and without thereby in any way releasing.or affecting the liability of said.undersigned, Thorpe Bros., Inc., under this guarantee. IN WITNESS WHEREOF, the undersigned has caused these presents to be subscribed in its corporate name by its President and Secre- tary, and its corporate seal to be affixed hereto, all by express authority of its Board of Directors, this 7th day of July, 1923. SIGNED, SEALED AND DELIVERED) IN PRESENCE OF ) H. C . - MERRIAM ) R. ROY HALL ) (CORPORATE) (SEAL) STATE OF MINNESOTA SS COUNTY OF HENNEPIN • THORPE BROS., INC., S. S. THORPE P (S) Its President. NORMAN L. NEWHALL �S) Its Secretary. On this 7th day of July, A.D. 1923, before me, a Notary Pub- lic, within and for said County, personally appeared S. S. THORPE and NORPIIAN L. NEWHALL to me personally known, who, being each by me duly sworn did say that they are respectively the President and the Secretary of Thorpe Bros..,-Inc., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said S. S. THORPE and NORMAN L. NEWHALL acknowledged said instrument to be the free act and deed of said corporation. HARRY A. PAULSEN (S) NOTARY PUBLIC HENNEPIN COUNTY, MINN. MY C0151IISSION EXPIRES Feb. 7th, 1929. (SEAL) .The foregoing Guarantee by Thorpe Bros., Inc.) of per- formance by Country Club District Service Company of its part of the annexed contract, is hereby accepted,. and in con- sideration thereof I have this day executed as party of the second part, the said contract.hereto annexed. W. D. - LOV.EL,L By R. D. MARSH Signed, sealed and delivered in presence of H. C. MERRIAll4 R. ROY •HALL 1° T H 0 R P E B R 0 S. PROPOSAL FOR THE CONSTRUCTION OF A MATER DISTRIBUTION SYSTEM IN THE. FAIRWAY SECTION, COUNTRY CLUB DISTRICT, HENNEPIN COUNTY, MINNESOTA. The undersigned, as bidder declares that the only ersons or parties interested in this proposal are named below, that he has, carefully examined the location of the proposed work, the plans and specifications prepared therefore by THORPE BROS. and the form of contract, and that -he proposes and agrees that he will contract with said THORPE BROS, in the said form of contract and do all the work and furnish all the materials specified in the contract in the manner and time prescribed and according to the requirements of the Engineer as set.Porth, and that he will take in full payment therefore the following sum: In case this proposal is accepted, I agree to begin work within days after the acceptance of this bid and further agree to enter into contract and to furnish bond with sureties satisfactory to THORPE BROS., in the sum of Dollars at time of signing contract. Attached is a "certified check in the sum of Dollars as guarantee of the above proposal. The full name and addresses of all persons and parties interested,in the foregoing proposal as principals are as fol- lows: Dated Signature of Bidder:- -s C O N T R A C T a This agreement made this day of A.D. 1924 by and between THORPE BROS.', 206 Andrus Bldg., Minneapolis, Minnesota, Owners, Party of the first part; and Contraotor, party of the second part. WITNESSETH ;- That the Contractor in consideration of cer- tain payments hereafter specified to be made.by said THORPE BROS. hereby covenants, and agrees to furnish all labor, materials, tools and equipments necessary -to complete the work of constr- ucting a water distribution system in .accordance- with plans and specifications on file in the office of THORPE BROS. In, consideration of the faithful execution of the Contract said Thorpe Bros; agree to pay said 4 111 61 the sum of it being understood that the amount of work to be done is as follows: i 9725 Lin. ft. of 6H `' u o� py,, 1100 4 1 8 k,41 Trenching and backfilling for same. 6500# Special castings 1 - 8 "- Gate Valves 10 - 6 If " 22 - b" Waterous improved fire hydrants with 2 2* Hose connections and one steamer connection. Should the amount of work vary from the quantities stip- ulated above, the following unit prices shall be used in final settlement; 4" Cast iron pipe including trenching and baokfilling 4 ( !�tl, Der lin. ft. 6" G&st --iron pipe including t enohing and baokfilling. 1)e- LAVr�,v11 I ��� I Sl-- per lin. ft. 8" Cast iron pipe including trenching and:backf illing b per lin. ft. Special castings in place _per pound 4 Gate Valves and boxes set 6" n " If if " 8" It " it " fi 5" Fire Hydrants with steamer connection set Contractor agrees to commence work at once on receipt of material and prosecute the same diligently until completed. Contractor agrees to save the Owner harmless from all claims on account of labor and material incurred by him in the eonatruction of this.work. He agrees to carry Compensation Insurance covering all his employes and save :the owner harm- less from .any claims for damages because of his operations. Said Contract hereby agrees to furnish to the Owner a satisfactory bond.- guaranteeing the execution of this contract, according to specifications attached to and made part of this contract. Said Contractor agrees to take over at the ourrent price all pipe, specials etc., now on the ground; as the property of Owner,.that can be used in completing thin contract. Allow - anoe for same is to include a reasonable charge for delivery on the, ground. In witness whereof, the parties hereto have set their hands and seals on the day above-written. By By .P,EC1F'.ICATI0N6 .. The work to be done consists of constructing a water dis- tribution system as detailed in these specifications and attached drawings. The plans attached are a part of these specifications and consist of one sheet, showing the layout of the system. The plans and specifications are intended to be mutually explanatory. The following tabulation gives the amount in 1 inial feet of the various sizes of pipes to be laid and the number and looat- ion of Hydrants, gate- valves, etc.-, to be set. 110 (). f t. .411 fain, Class "Bra 9725 ft. 6" Main, Class 6500 # special castings 1 - 8" Gate Valve 10 - 6" Gate Valve 22 - b" Hydrants I3. Definition: "Owner" designates THORPE BROS., or their authorized re- re sentative. t4Contra ®tor" designates the party of the second party, or his authorized representative. "Engineer" designates the Engineer employed by THORPE BROS.,' to direct the constructions under this contract, or his a.uthor- ized'representative. III. Rights and Responsibilities of Owners. 1. The owner reserves the right to construct other works that may be necessary on the site of the work under this con- tract, but with as little interference as possible. 2. Alternations in lines or grades or in other details of the work may be made by the Owner as long as such changes do not impose additional expense upon the contractor. The T may increase or decrease the lineal feet of watermain laid and the contractor's compenstation shall be increased or de- creased for said work.at the unit prices stipulated in -this contract. Decreasing of the work shall not be made the basis for claim for damages or anticipated profits. 3, Extra work, not provided for in this contract, shall be done. on order in writing of the Engineer; order-to be endorsed by the Qwaer, with the agreed price spedif ied in such order. IV Authority and Duties of Engineer. All work shall be done to the satisfaction of the Engin- e eer. He shall give all necessary lines and grades.. He shall Inspect all material furnished by the contractor. Any defective material shall be immediately removed from the site. He.shall � direct the progress, place and time.of the various parts of the j� >work. He shall have authority to direct the contractor to die miss from the work any laborer whose services are unsatisfactory or detrimental to the progress of the work ; - request for such dismissal to be made in writing if the contractor so desires. He shall. interpret the speo,ifications and his decision, shall be final. V. Responsibilities 'of the Contractor. l..The Contractor shall give his personal attention to i the direction of the work under this contract. In his absence a competent superintendent shall be present. 2. The Contractor shall indemnify and save the Owner harm- less from all claims relating to injuries of any nature whatso- 1 ever_ to any person or persons received or sustained by or from the contractor or his employes in.doing the work, also from all claims relating to materallabor. Y 3. The Contractor may not sublet any part of the work under this contract without the written consent of the Owner. VI. * Conduct of 'the Work. 1'. The work to be done under this�oontract shall begin at the earliest possible date pending the arrival of material and shall be prosecuted with such forces and equipment as to com- plete the.job not later than- • No defective work in material shall be permitted. 2. Defective work or material. All work of whatever kind that may become damaged or defective before its final accept- ance shall be removed and replaced by good and satisfactory work. At the completion of the work, the site shall be left clean and sightly. VII. Estimates, Payments and Bond. I.- Estimates of the' material delivered on the ground for the 'work and of the work done under this contract shall be made the first'of the month by the Engineer. Payments to the Cont- ractor-under such estimates, shall be made for work done during any one month on the 10th of the following-month; 10% of suah r --wry - die =drat lr arr� qne-�th=-an rg=; of such estimates shall. be retained until the final estimate which is to be made at the satisfactory completion of the work. Payment under the final estimate is to be made within 30 day of the completion of the contract. 2. Bond The Contractor shall execute a bond equal to the estimated.amount of the contract for the satisfactory perform- ance of the world herein specified, in a form acceptable to the VIII Trench Excavation All trenches shall be opened along the lines given by the. Engineer and shall be dug to the depth necessary to give a seven (? ft. cover to the finished grades of the roadways. The width of the trench at bottom shall be not less than twelve (12) inches greater than the external diameter of the pipe. Excessive caving of trenches shall -be guarded against and all ditches shall be prevented from breaking back to the curb �.� lines; proper precaution-shall be taken to prevent displacement of the cement curb and gutter along the sides of the roadways. The bottom of the trench shall be shaped to the bottom of the pipe with bell holes at the joints. No pipe shall be laid -under water and no joints shall be made under water. IX - Hack f 13.1 ing. After the pipe has been .laid as specified and sufficient material deposited around the sides of the pil5e to hold it firmly In place, the trenohes. shall. be refilled and the street . surface restored. Fine earth shall be carefully deposited and tamped around the.pipe to a depth of two (2) Peet. The tamper shall be approved by .the Engineer. No rock or frozen earth shall be placed in the trench until the fill shall be At least two (2) feet above the top-. Rock of over fifty (50) pounds shall not be placed in the trench The filling above the first two (2) feet over the pope shall be thoroughly rammed as directed by the Engineer I sheeting is used, it shall be with -drawn so as to prevent caving. X. Cast Iron Pipe. The lengths of pipes to be Said for under this-contract shall be'the length of the pipe line after the pipes have been laid. The quantities of the various sizes of pipe afe approx- imate and are intended as a guide to the Contractor in Bidding. f The Cast Iron Pipes shall be of the usual kind known as k bell and spigot. The pipe and specials shall be of the type known as Class "B ". They shall be true circl es.in seotion with the inner and outer circles oonoentrio. The straight pipes shall be straight, and the curved pipes shall be true to the required contract in the direction of their internal diameter from and to end. The straight pipes shall be twelve--$'1--2+-f -eat in. length exclusive of socket. _ The sockets and spigot will be tested with circular gages and no pipe shall be received 'which is defective in joint room from any cause. The joint room for each size of pipe . shall. not vary more than six hundredths (.06) of one inch from the dimen- sion given by the Engineer. 'For pipes, whose standard thickness is less than one (1) inch the thickness of the metal in the body of the pipe shall, not be more than eight hundredths _ (.08) inch less then the stan- dard'thickness. No pipe shall be accepted, the weight of which shall be less than the standard weight by more than five (5) per cent.' XI. Special Castings. All castings shall-,be made such character as shall ,make the tough and of even grade, and soft drilling and cutting. XII. Coating of pipes. of iron. of good quality and of metal of. the cast ing. strong, enough. to be satisfactory for Every pipe and special casting . shall be coated inside and out with cold tar. To this material shall be added sufficient oil to make a smooth coating, tough and tenacious when cold, not brittle nor with tendency to scale off. XIII. Valvee. Valves shall be placed where shown on the plans. They shall be what is known as double gate, iron bound, bra'se mounted, hub end pattern. They she11 be. tested at the factory and remain water tight under a pressure being applied first on one side then on the other. The net area, of the waterway shall not be less than th -e net area. of the pipe of the same nominal area. The valves shall be of the best form and make and properly proportioned for strength, durability, and ease of working. All valves shall be opened by turning to the left. Valves shall be set at points approximately as shown on the plan and directly vertical. Each shall be finished with a C. 1. valve box reaching to the surfaoe of the ground and having adjustable top. The Contractor shall provide a key for operating the valves. The word "WATER" shall be plainly put on the cover of each valve box. XIV Hydrants. Hydrants shall be placed where shown-on plans. They shall be set on flat stone or concrete base at least twelve Inchees by twelve inches by six inches (1211x12 "x69 thick. Around and under the base, there shall be placed at least one fourth (J) cubic yard of broken stone or.coar.se gravel to assure rapid draingin of the hydrant below. The hydrant shall be of best quality compression type equal to Chapman Valve Co., %ate.rous or Eddy make. They must be constructed of such material .as will insure perfect ease and freedom of motion for each moving part. All cast iron and wrought iron parts shall be neatly and durably painted. 'i"he design of the hydrant shall be such that the working . parts -will be readily accessible for repair. All bottom con - neotions shall be butt ends. Each hydrant shall have a six (6) Inch inlet, two (2), two and.one half (2J) inch nozzles for hose connections and one 6 inch fire engine connection. The hydrant barrel shall be of the necessary length for use in a trench seven (7) feet deep. Each hydrant shall be opened by turning to the left. All water passages shall be such as to cause the least amount of resistance to flow of crater through them. The effective waterway at_ every part of the hydrant shall be at least ten X10) percent greater than the combined one of hose and nozzle. XV Pipe Laying. The bottom of the trench shall be dug out so as to'give a good bearing for the pipe throughout its length.. Bell hole shall be dug of sufficient height and depth to allow the caulker to get at every part of_the joint. The interior of the pipe shall be throughly cleaned before'it is lowered into the trench, and when pipe laying is temporarily stopped, the end of the pipe shall be plugged. In laying the pipe, the spigot shall be so adjusted Ui the bell that the space for lead and yarn is of uniform thickness on all sides. The joints'shall be packed with the gasket of jute driven back so as to leave a space for the lead of not less than one and three fourths (1 -3/4) inch'(from face to bell). The joint shall then be filled with one pouring and carefully oaulked. The melting pot shall be kept near the joint to be poured and dross shall not be allowed,to accumulate in it, Before refilling the trench, dirt shall be tamped around the joint up to the middle of the pipe. XVI . Tests. The pipe line shall be tested In open trench and shall be made water tight under a pressure of eighty -five (85) pounds per square inch as shown by.the test pump - gauge. After the system is completed the mains, hydrants, etc., shall be sub- jected t o . a pressure test of one- hundred and twenty -five (125 ) pounds per square inch which pressure shall be obtained by running the pump and closing down the valve of the tower ,until said pressure of one hundred and. tvrenty -five (125) pounds, is reached. The pump. . shall be .operated for a period of thirty (30) minutes under this pressure If deemed necessary by the Ovmer and his Engineer. The object of'this one Hund- red and .twenty -Five (125) pound 'pressure-test is to locate cracked pipe or- defective- material which may have been used and If_ any leaks are.disoovered by this test they shall be immed- iately repaired by the Contractor at his own expense. Y COVER) Water By®tem THORNTON SROs. #318 Endicott Bldg., St., Paul, Minn,. $19707.50• x/24'. 1924 ALBERT GRAB ER '1/16/40 #x1000 Phoenix Bldg, Minneapolis, Minn... • r Gretchen called and read the following to me. Meeting of March 15, 1945: Mr. Utley offered theifollowing resolution and moved its adoption: Whereas it is desirable to purchase that part of the water supply system and plant now used and useful owned by the Country Club District Service Company, be it resolved by.the Council of the Village.of Edina that the clerk be and hereby is directed to give to the Country Club District Service Company thirty (30) days written notice of the desire of the Village to purchase that part of the water.supply system and plant now used and useful owned by.and belonging to the Country Club District Service Company. Gretchen also said that they have no other record in the Minutes that an arbitration board was appointed. F