1939-05-18VILLAGE OF MOUND
?.;~INUTE~ OF THE ADJOURNED REGULf'R '.~EET!NG OF THE ]'fOI~TD VILI.^.GE
COL~NCIL H,.YLD ~,~AY 18th, 1939.
The purpose of this meeting was to resume negotiations - extended
from the regular adjourned meeting of ~fa,~ 12th - with the Interstate
Power Co. for a new franchise predicating a lower maximum rate
schedule for the village.
ResnondinF to roll-call were ~fayor W. C. Huestis, Trustees C. L.
Tuff, Bernard Winkel, and C. R. Ferr~ll, with LeRoy V. Alwin as
Recorder.
Pre~ent to reoresent the Interstate Power Co. were District
?.'anager ~r. C. E. ~feyers of Albert Lea, and Ar~a .~_anager ~r.
Ja~es ~Fott~ral of ~aeonla.
~?ayor Huestis opened the meeting by presenting for reading a letter
written by i/'.rs. J. E. Hig~ins, President of Unit 398, ~.merican
Legion Auxiliary. This letter metitionedofor action by the council
giving exclusive rights to the American Legion to sell po~pies
on "Po~y Day", ~aturday, ~,.~ay 27th, 1939, within the cormorate
limits of the Village of ~.~ound. Toward this end, ~,~ayor Huestls
worded the following resolution .ond pre~ented it for adoption by
the council, to wit:
BE IT RESOLVED by the Council of ~found, ~innesota,
that the exclusive rights for the sale of popoles
in the Village of k~ound ~e given to the American
Legion Auxiliary Unit No. 398 located in ~found.
BE IT FIYRTHER RE~OLVED that a co~y of this Resolution
be sent by the village clerk to Krs. J. E. Higgins,
President Unit 398, and a copy, also to A. George
Johnson, Adjutant of the Hennepin County Council of
Veterans of Foreign Wars of the United ~tates.
~otion being for the adootion of the resolution, the vote stood
as follows: Yeas, Tuff, ?flnkel, Ferrall, and Alwln. Nays, None.
and so ~he resolution ~tood adopted.
Resumlhg with the purpose of the meeting, and following the
reading ~'-~nd discussion of a ~.~unic~pal ~treet Lighting Contract,
details of which appearing elsewhere in the records, the fo]lowin~
Hesolutlon was proposed by LeRoy V. Alwin and received the second
of Trustee C. L. Tuff for adoption by the council, to wit:
RE~OLVED, that the Village of ~ound, Yinnesota,
enter into a "Contract for ~,.~unicipal ~treet Lighting"
for a term of five (5) years with Interstate Power
Company, a Delaware Corooratlon, in the form presented
and read to this meeting and made a part of the minutes
hereof, ~nd thattthe President and Clerk be and they
hereby are authorized and directed to execute the
same on behalf of this Village.
A roll-call being called, the vote stood unanimous, as follows:
Yeas, C. L. Tuff, Bernard Winkel, C. R. Ferrall, and LeRoy V.
Alwin. Nayes, None. And so the resolution stood adopted.
Following the reading and discussion of a new "Contract for
VILLAGE OF MOUND
453
Electric Ene~,gy for !,~unlcipal Pumpin~ Plant", full de%alls appear-
ing elsewhere in documentary form in vtll~ge records, LeRoy V. Alwtn
proposed for adoption a ~esolution worded as the fore~olng, but
having specific reference to a Contract for Electric Energy for
Pumping Purposes. This receiving the second of Trustee C. L. i'uff,
the roll-call vote stood as follows; Yeas, C. L. Tuff, Pernar~
Winkel, C. R. Merrall, ~md LeRoy V. Alwfn. Nayes, none. And
so, the Resolution ~tood adopted.
The terms of an Electric Franchise hsv!r~_, been submitted by the
Interstate Power Co. end read before the council at a previous
meeting, such terms being changed in minor detail ~greeable to
members of the council, '~ayor W. C. Huestis presented a proposed
Ordinance (Details in documentary form appearing elsewhere in
Village records) granting a franchise to the Interstate Power Co.
according to the terms as changed ~nd read.
LeRoy V. Alwin then moved that the Ordinance as. read be adopte~ as
Ordinance No. 41. This motion was seconded by TrustSe C. L. Tuff,
and the roll-call on the motion stood a~ follows: Yeas, C. L. Tuff
Pernard Winkel, C. R. ~'errall, snd LeROy V. Alwin. Naye,~, none.
And so Ordinance No. 41, on publication, bec. sine the law of the vfllag®.
P'ayor W. C. Huestis presented a new Rate Ordinance, which ordinance
was to be read into the records as Ordinance No. 42. The rate
details of this oroposed ordlnonce being read ~nd discussed before
the council, it was moved by Trustee Pernard Wlnkel that the
ordinance be adopted os Ordinance Mo. 42. Thls ~otion was seconded
b~ IcRc? V. Al_win, ~nd the roll-call vote on the adoption of the
ordinance stood as follows: Yeas, C. L. Tuff, ~ernard 7lnkel,
C. ':. =errs!l, and LeRoy V. ~'lwln. Nayes, none.
And so Ordinance ~,~o. 42, on oubllcation, became the new electric
~ d
rate law of the village of ~.oun . Details for which i~ recorded
el~,ewhere in the village ~:rchlves.
In connection with the beautification of the flower bed~ in the
vll!~-~e s~uare, Trustee ~?'tnkel moved that the "Toodend Greenhou~ea
be authorized to .vreoare the beds with the ~me general ~rr~age-
ment of vlants ~n5 flowers, ~:nd unSer the ~me termo. ~s l?~t
year. This was seconded by Alwln c~nd concurred in by the council.
A!win. read the aopllcstion of ~,e Clevela~nd-Cbicago Amusement
~,s].es Co., R. E. Frankhauser, 171nneapolls Nsnsnger for licenses
to place Pin Ball Machines st the Northland Cafe ~nd at
Pavllllon. ~ees attached being for two-month~ operation ~t the
rate of ~]25.00 o*r annum, Trustee Tuff moved that the licenses be
allowed for the ti~pe indicated. Thi~ wa~ secor, ded by Wlnkel and
carried by the council.
fru~tee Wlnkel moved the the village grader be given a complete
overhauling, znd that the work be let to the one best fltted to
house ~nd repair such eeulpment. Thl~ was seconded by ~'errall and
approved by the council.
!. J. Bowers, on call by Trustees WtnkeI ~nd Ferrall, cor~mitteemen
on the ~tter, vrooosed that the siren tower be raised twelve feet
higher thah originally orovo~ed, i. e., to 60 ft, and that the change
would add only ~12.00 to the cost. This expert report by the Tower
454
VILLAGE OF MOUND
Committee received the unanimous soprovsI of the council and the
recommen~e~ ch~n~e wa~ ordered.
There being no further business before the meeting, this regular
meeting of the ~found Village Council on motion, stoodffinally
adjourned. '
President
Attest ....
held at Fire Barn in said Village on the
19Z9, at 8 o'clock P.
There were present:
W. C. Huestis
LeRo$~ V. Alwin
C. L. Tu~f
B. Winkel
C. R. Ferrali
c onst itut ing~ all
The Pre sident, ~{r.
18 day of t~{a~, ,
PR~ S IDE?T
C T,ER~
T~stee
Trustee
Trustee
of the members of the Cottucil.
W. C. Huestis, called the
meeting to order and presided thereat, and the Cler~r, ~.{r. 7,eRoy V.
Alwin , acted as Clerk of the meeting.
The President stated that as this w~s an Ad-
Journed Re_.~ular t~eeting of the Council, notice thereof was not
necessary.
The President then stated that Interst~te Power
Company, a Delaware corporation, had made a proposal to furnish
electric energy for municipal street lighting, and he then
presented a proposed "Contract for ]~lectric F~ner~y for ~nicipal
Street 7.i~Thting',, which after being read by the Clerk, was
ordered to be inserted in the minutes of this meetin,~ as follows:
CONTP~ICT FOR A~3~IIC 1-PAL STREET LICHT
THIS AGREE!,~, made s. nd entered into in trip-
lieate this 18th day of l~ay , 19S9, by and between
INTERSTATE POWER C01~AR~Y, a Delaware corporation, with offtees
VILLAGE Of MOUND
~INUT~S OF A~ ADJOUR~'~]) ~ZC%T!AR
OF TtTE~ VILLAGE CO~CIL OF T~ VIL~C-E OF
An adjourned meetin~ of the Villare Council of
the Village of },{o~d, Co~ty of Hennepin, State of }~innesota,
454-~
VILLAGE OF ~OUND
at Wa~onia, Minnesota, its successors and as~i{4ns, hereinafter
c~lled the "Company", and the Village of },~ound, County of
Hennepin, State of l,~innesota, hereinafter called the "k~tuicipality":
W I T N E S S'~E T H
THAT, WHEREAS, the Company now owns and oper-
ates a street lighting system within the corporate limits '~of
said Municipality, consisting of:
59 - 100 Candle Power Lamps in Overhead Fixtures
14 - 250 Candle Power I~mps in Overhead Fixtures
and
WHEREAS, the ~nicipality desires that the
Company shall continue to operate said street li~ting system:
NOW, TKEREFORE, for and in consideration of
the mutual covenants and agreements herein contained, it is
hereby mutually agreed by and between the parties hereto as follows:
I. That the Company shall erect and install
nine (9) },~ast Arm Type Overhead Street Lighting Fixtures wi±h
Novalux ~uspension Zuminaires and 250 C.P. Iamps on ~ain Street
at locations designated by The l~tnicipality and remove five (5)
250 C.P. Suspension Type Street Zights that are now located
on l~in Street.
Further, that all lights on present arterial
streets in the Village of Mound will be chan~ed and installed
on brackets of at least twelve feet in len~gth, This will include
the lights on Superior Boulevard, the short cut from Seton to
Mound, and the Watertown Road, allwithln the corporate limits
of ~ound; provided, however, that the Company shall not be
required to extend its street li~hting circuit farther than
four htmdred feet (400') for each additional street light.
II. That the Company shall operate and
VILLAGE Of MOUND
maintain said street lighting system (including the renewal of
lamps) and furnish electric energy for the same in accordance
with the following schedule, to-wit:
NIDfBER IN USE SIZE OF IAI{PS
59 100 Candle' Power Ie. mps in Overhead Fix±utes
18 250 Candle Power Lamps in Overhead Fixtures
HOURS OF BURNING
Dusk to ~idnight
Dusk to Midnight
And the Company shall upon proper written request therefor
from the ~ieipality increase the hours of burning above speci-
fied; provided, however, that all of the street li~hts shall
be operated on the same hours of burning.
III. That the },~nicipality shall pay to the Company,
each month, for maintaining and operating said street li~htin~
system and furnishing electric energy thereto during the term of
this agreement, a consideration computed upon the following
schedule of rates, to-wit:
For each 100 C.P. Lamp in Overhead Fixture burnin~ Dus~ to Mid-
night $1.35 per month.
For each 250 C.P. L~mp in Overhead Fixture burning Dusk to ~.{id-
night $2.00 per month.
Provided that said consideration shall not be less than the sum
of One Htu~dred Fifteen Dollars and Sixty-five Cents (~115.65)
Each month during the term of this agreement.
Should the ~kuuiclpality recuest the Company to incresse
the lamp size or burning hours of th~ street li~htin? system during
the term of this agreement the followin~ schedule of rates will
apply, to-wit:
For each 100 C.P. Lamp in Overhead Fix±ure burning Dusk to
l:00 A.M.-S1.40 per month.
For each 250 C.P. Lamp in Overhead Fixture burning Dus~ to
l:00 A.l{.-$2.10 per month.
For each 400 C.P. Lamp in Overhead Fixture burnin~ Dus~, to
l:00 A.~{.-$2.5§ per month.
For each 400 C.~. Lam9 in Overhead Fixture burninK Dus~ to
I Midnight- $2.40 per month.
454-~D
VILLAGE OF MOUND
IV. That the Company shall, as soon as practicable
after the end of each month, render a bill to the l~unicipality
for the operation and maintenance of said street lightinF system
and the furnishing of electric energy ~hereto during the preced-
ing month, and the l~tuicipality shall pay said bill within
fifteen days from the date of presentation thereof.
V. That the l~unicipality hereby represents that it has
t~d~en due and proper action, in accordance with ~he Statutes
of the State of Minnesota, to appropriate sufficient funds
for the payment of bills to be rendered hereunder and it a~rees
that if s~eh funds shall be insufficient for that purpose it
shall, at the time and in the manner and to the ex-bent provided
by the Statutes of said State, appropriate additional fun~s
and/or assess, levy and collect a tax sufficient for the prompt
payment of said bills.
VI. That should any tax, national, state or municipal
be levied upon the electric energy thus to be furnished, in
addition to such tax as may now exist, such tax shall be added
to said consideration in this agreement.
VII. That the Company shall, upon proper written
request therefor from the l~anicipality, install additional
overhead street lightAng equipment and maintain, operate and
furnish electric energy thereto at the rates hereinabove speci-
fied; provided, however, that the Company shall not be required
to install any such additional street lighting equipment durin~
the last year of the term of this agreement, or of any e~tension
thereof, unless the l~unicipality shall rive notice to the Company,
evidenced by a certified copy of resolution or ordinance passed
bY its governing body, that it is rolng to and has elected to
renew, this agreement for a period of not less than five years,
and provided further that the Company shall not be required to
extend itm street lighting circuit farther than four hundred
(400) feet for each additional overhead street light.
VIII. That the Company shall operate and maintain
said street lighting system at its own cost and expense, and
shall patrol said system at least once each wee~ and promptly
replace all broken or burned out lamps.
IX. That if, during the term hereof, the M~uicipality
shall request the Company to shan~e the location of any one or
more lights owned by the Company, it shall reimburse the Company
for the actual expense thereof.
X. That the Company shall render good and sufficient
service for the purpose of this agreement but shall not be
liable for failure of such service due to events not caused by it.
XI. That this agreemmnt shall be and remain in full
force and effect for a period of five (5) years from and after
the date hereof.
XII. That all contracts and agreements, written or
oral, heretofore existing between the par%ies hereto and coverin~
454--'~,
VILLAGE OF MOUND
the subject matter hereof, (if there by any such), are hereby
cancelled, and the ~,'~uuicipality hereby represents that it has
by appropriate action repealed or amended all ordinances, reso-
lutions and rules, or parts thereof, heretofore adoDted by it
in conflict with the terms hereof.
XIII. That the ~,~unicipality represents ±hat this a~ee-
merit has been duly authorized by a Iffa~orit~ vote of its
Council in accordance with the statutes o~ the S~'at'e of
and certified copies of the proceedings therefor shall be promptly
· ~urnished to the Company for approval of its counsel.
XIV. That if any section or part of a section of
this agreement shall be declared null and void by any competent
authority, the remaining portions hereof shall no~ be affected
thereby.
I~ WIT~SS ~fHEREOF, the parties hereto have aaused this
agreement ~.o b~ executed by their respective officers thereunto
duly authorized ~nd their respective corporate seals to be
hereunto affixed, the day and year first above written.
INTERSTATE P O~ER
ATTEST:
BY
ATTEST:
VIZLACE OF I,{OUN~, I{I~I;i',~ESOTA
P~ S
LeR. V. Alwin
After discussion, the following motion in the form of
a Resolution was proposed by LeRo~ V. Alwin and seconded by
C. ~. Tuff: -
RESOLVED, that the Village of Mound, Minnes$ta,
enter into a "Contract for ~unicipal Street Zi~htin~"
for a term of five (~) years with Interstate Power
Company, a Delaware corporation, in the form presented
and read to this meeting and made a part of the
minutes hereof, and that the President and Cler~ be and
they hereby are authorized and directed to execute the
same on behalf of said Villa~e.
A roll being called on said motion, the followin~
voted ~ye":
454-F VILLAGE OF MOUND
C. ~. Tuff C.R. Ferral
B. Wil~kel I~Roy V. Alwin
and the following voted "Nay":
None
The President stated that the motion had been carried
by a unanimous vote of all of the members of ±he Council.
The President then stated that Interstate Power Com-
pany, a Delaware corporation, had made a proposal to f~rnish
electric energy for municipal pumping, and. he then presented
a proposed "Contract for Electric Energy for ~{unicipal Pumping
Plant", which after being read by the Clerk, was ordered to
be inserted in the l~inutes of this meetin~ as follows:
CONTRACT FOR E!2~CTRIC E~ERG¥ FOR
k~UI{IC 1-PAL' PU~iT{G PLA~i~
THIS AGREEI~ENT~ made and entered into in triplicate
this 18th day of ~{ay ,19S9, by and netween I~RSTATE
P0~ER C0~,{PA}~Y, a Delaware corporation, with offices at Waconia,
Minnesota, its successors and assi~s, hereinafter called the
"Company", and the Village of l{ound, County of Hennepin, State
of Minnesota, hereinafter called the "~unicipality";
W IT NES SETH
TEAT'; WHEREAS, the Lg~nicipality owns a complete
pumping station equipped with necessary pumps, electric mo%ors
and other apparatus for the furnishin~ of water to said ~uniei-
pality for fire and other municipal purposes and to the inhabi-
tnats thereof for domestic and commercial purposes; and
WHEREAS, the Municipality desires to purchase from
the Company all the electric energy required to operate said
pumping station, which electric energy the Company is in a posi-
tion to supply:
VILLAGE OF MOUND
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, it is hereby mutually
agreed by and between the parties hereto as follows:
I. That the 1,~unicipality shall during the term of
this agreement, and any renewal or renewals thereof, purchase
from the Company at the rates hereinafter mentioned all electric
energy which shall be required for the operation of its said
pumping station for the purposes aforesaid and for any ext~ension
thereto and the Company shall furnish said electric energy a~
and when required by the ~nicipality at said r~tes; it b~n~
the intent of this paragraph that all of ~he pumpin? done by the
}~unicipality shall be by means of electric energy.
II. That the elctric energy to be furnished and pur-
chased hereunder shall be what is ~nown as three phase, sixty
cycle, £20 volts, alternating current, and shall be measured
by proper meter supplied by the Company and installed by it in
said pumping station.
III. That the point of delivery of said electric
energy shall be the binding posts of Company's meter to be
installed in said pumping station,
IV. That the }~unicipality shall pay to the Company
each month for all electric energy consumed as aforesaid a
consideration computed upon the followin~ schedule of rates,
to-wit:
For all energy used between the hours of ?:BO A.~.
to 9:80 P.M. three cents (~¢) per ~ Net.
For all energy used between the hours of 9:$0 P.E.
and 7:30 A.M. two cents (2d) per ~ Net.
Provided that said consideration shall be not less than One
Dollar ($1.00) per month for each connected horsepower or fraction
thereof of the molors installed in s~id pumping station.
V. That should any tax, national, state or municipal
be levied upon the electric energy thus to be furnished, in
addition to such tax as may now exist, such tax shall be added
to said consideration in this agreement.
VI. That the Company shall, as soon as prac±icable,
after the end of each month, render a bill to the !{unicipality
for electric energy consttmed during the preceding month, and
the Municipality shall pay said bill within fifteen days from
the date of presentation thereof.
VII. That the l~unicipality hereby represents that
it has ta~,en due and proper action, in accordance with the
~tatutes of the State of Minnesota, to appropriate sufficient
funds for the payment of bills to be rendered hereunder and it
agrees that if such funds shall be insufficient for that
purpose it shall, at the time and in the manner and to the
454-1{
VILLAGE OF MOUND
ex'ten~ provided by the Statutes of said State, appropriate
additional funds and/or assess, levy and collect a tax suffi-
cient for the prompt payment of said bills.
VIII. That should the 2~unicipality install ecuip-
ment requiring additional electric energy, it shall ?ive the Com-
pany written notice thereof at least sixty (60) days prior to
the date on which such additional electric energy shall be
required therefor.
IX. That the Company shall render Food and sufficient
service for the purpose of this agreement but shall not be
liable for failure of such service due to events not caused by it.
X. That each of the parties hereto shall hold ~he
other free and harmless of and from all liability, damaFes, ac-
tions and causes of action caused by or through the ownership,
maintenance e~ operation of its electric property and e~uiDment,
and such division of liability shall be at the point of delivery
as hereinabove provided.
XI. That this agreement shall be and rmmain in full
force and effect for a period of five (§) years from and after
the date hereof.
XII. That all contracts and agreements, written or
oral, heretofore existing between the parties hereto and covering
the subject matter hereof, (if there be any such), are hereby
cancelled, and the Municipality hereby represents that it has
by appropriate action repealed or amended all ordinances,
resolutions and rules or parts thereof, heretofore adopted by
it in conflict with the terms hereof.
XIII. That the }.~unicipality represents that this
agreement has been duly authorized by a Majority vote of its
Council in accordance with the statutes o-'~the' ~t~te of Minnesota,
and certified copies of the proceedings therefor shall be
pro~mptly furnished to the Company for approval of its counsel.
XIV. That if any section or part ox' a sec~.ion o~'
this agreement shall be declared null and void by any competent
authority, the remaining portions hereof shall not be affected
the reby.
IN WITNESS WHEREOF, the parties hereto have cmused
this agreement to be exececuted by their respective officers
thereunto duly authorized and their respective corporate seals
to be hereunto affixed the day and year first above written.
ATTEST:
'" SECRETARY
ATTEST:
INTERSTATE PO~E~
PRESI~T~TT' ~"
BY ,,
PRES IDET~T
VILLAGE OF MOUND
45~-I
After discussion, the followin~ motion in the form
of a Resolution was proposed bT. C.L. Tuff and seconded by
LeRoF. V. Alwin :
into a
RESOLVED, that the Village of Eound, ~innesot~., enter
into a "Contract for Electric Energy for ~funicipal
Pumpin~ Plant" for a term of five (5) years with
Interstate Power Company, a Delaware corporation,
in the form presented and read to this meetin? and
made a part of the minutes hereof, and that the
President and Clerk be and they hereby are authorized
and directed to execute the same on behalf of said
Village.
A roll being called on said motion, the following
voted "Aye":
C. L. Tuff
B. Winkel
LeRoy V. Alwin
C.R. Ferrall
and the following voted "Nay":
None
The President stated that the motion had been carried
by a unanimous vote of all of the members of the council.
The President then stated that Interstate Power Company.
a Delaware corporation, had submitted a proposed Electric Franchise
to be granted by the Village of Mound, Hinnesota to said Inter-
state Power Company. He'then presented a proposed Ordinance ~-rant-
lng a franchise to said Interstate Power Company, which 0rd~nance
was fl~lly read.
Trustee LeRoy V. Alwin then moved that the Ordinance
as read be adopted as 0rdinanee No. 41. The motion was seconded
by Trustee C. L. Tuff . A roll being called on said motion,
the following voted "Aye":
C. L, Tuff
B. Winkel
and the following voted "Nay":
C. R. Ferrell
LeRoy V. Alwin
~ons
The President stated that the motion had been carried
VII. I. A6£ OF MOUND
by a unanimous vote of all of the members of the Council,
and the Ordinance legally adopted as Ordinance No. 41, said
Ordinance being in words and figures as follows, to-wit:
EI~CTRIC FRA~TC~ISE
ORD'IT~:~!~TCE ~ro".' 41"'
AN ORDINANCE OF TPfE VI]ii. GE 0F ~,¢0UND? COU~Y 07
STATE 0F NI~SOTA? G~ING T0 ~RSTATE P0~R C0~,~,
~S ~CCESSORS A~ASSIG~S, ~SSION T0 ERECT,
CONSTRUCT, ~CONST~CT, ~PAIR, OWN, 0P~TE, ~,~I~T~I~T,
A~ C0~R0~ AN E~CTRIC P~ W~H~ T~ CORP0~T~
0F SA~ VIZ~GE A~/0R AN E~CTRIC DISTR~ION ~STE~, ~0N-
SIST~G 0F P0~S, W~ES, ~0~U~S, P~S, C0~UCTORS
0T~R FI~ES, ~, U~ER, 0~R, i.~0~IC A~ ACROSS T~
ST~S,-~I~S, A~S, S~A~S, AZ~, BRACES A~
~IC GR0~S 0F SA~ VI~GE, FOR T~ ~POSE 0F PRO'
DUC~G A~/0R ~NISH~G E~CTRIC E~RGY FOR ZIG~, ~T
A~ P0~ ~POSES T0 SA~ VIZ~GE AI~ ~TS ~B~A~S.
TP[E VILI~GE COUNCIL OF I~0UND, I~i'NN~SOTA, DO ORDAIN AS
F0~,I~WS:
Section 1. That there is hereby ~rantedunto Inter-
state Power Company, a Delaware corporation, its successors and
assigns, hereinafter called the Company, the ri,~ht to construct,
install, maintain and operate an electric light and power ~ener-
ating plant and distributing system within the limits of this
village, hereinafter called the municipality, as the same are
now or may be in the future, and to occupy the streets, alleys and
other public places of the ~uniciplaity with poles, wires, c~bles
and such other equipment as are necessary for the carryin~ on
of the aforesaid business, and to do all things which are reason-
ably necessary or customary in the accomplishment of ±he above
object, in conformity with the duly adopted "Service RuXes and
Re~lations" of the Company, which are to be ~ept on file with
the Village Clerk, subject, however, to all the provisions of
this ordinance. In the event a public utility commission or
similar body is created by law within the state of Minnesota
or some such board is ~iven authority to re~ula±e and control
electric utilities, then the force and effect of this franchise
shall yield to the rulings of said utility com_~ission or other
body, to the extent of the powers vested by law in such utility
commission or other body to re.late the rates and opera~ions
of the Company.
Section 2. The Company shall exercise its privileges
hereunder subject at all times to the police power of ~he ~uni-
clp~lity. Any obstruction of any s~reet, alley, par~, boulevard,
bridge or other public place to a greater extent or for a lone'er
time than is reasonably necessary shall, after proper notice
demanding removal, be removed by the ~micipality and the cost
thereof shall be deducted from any payments to be made to the
Company by the ~k~nicipality.
Section 3. The Company, shall, within slx~ty (60) days
VILLAGE OF MOUND
after acceptance of this ordinance, file with the Clerk of the
~unicipality a plat showing the lock. rich of its pl~n~ ~nd dls~ri-
buting system, including all wires and poles. Before
extension, relocation or chancre in character of said plant and
distributing system, including all wires and poles, but excludin~
service "drops" the Company shall file a plat with ~he Cler~.~
showing such proposed extension, relocation or change.
Section 4. Pole lines already erected in said village
shall continue and remain as now located, except they shall be
subject to such reasonable rules and re~lations as said Village
Council may direct, and in event said village shall heremfter
improve any street or part of a street, lane, s~venue, sidewalW,
alley, bridge or public ground, or re-la~, rebuild, re-loc~!e,
or widen any sidewaL~ or part thereof, on any street in said vil-
lage, then the govening body of said village may from time to time
require the said Company to relocate and reset all of its poles
and fixtures which directly interfere with or obstruct any such
work or improvement, to such nearest point and places as may be
designated by said governing body, ta~in~ into considera±ion the
minimum expense of such relocation to the Company; and ~ll high'
tension and transmission lines of ~he said Company sh~ll be located
in said village where designated by the governing body thereof,
which said desi~ation shall be by resolution of said ~overnin~
body.
Section S. The Company shall not trim, mutilate, remove
or attach any apparatus to any tree standin~ in ~he streets,
alleys or boulevards or any other public property ~i~hout ~he
consent of the Council or officer or group having charge of such
trees, or the duly accredited representative thereof.
Section 6. V~enever any person shall move any buildin~
over or upon any street or public way, or for any other reason
any fixture of the Company becomes temporarily an obstruction ±o
the use of any street or public way, and it shall be necessary
temporarily to remove such fixtures, the person desirin~ such
removal shall notify the Company and the chief executive office
of the ~llnicipality at least thirty-six (36) hours before the time
such removal is desired. The Company shall ~hereupon raise, lower
or othe~Jise remove its fixtures so as to permit the desired use
of the street or public way; and shall be entitled to collect
in advance a Just compensation for the expense occasioned. If
the Company and the person procuring such removal fail ~o a~ree
upon such compensation, the chief executive officer of the ~uni-
cipality acting as arbitrator shall determine ~he ma,%er.
Section 7. That said Company shall hold said ~untci-
pality free and harmless of and from any and all liability, damages,
actions and causes of action caused by or through the neglect
or mismanagement of the Company in the erection, installation,
construction, reconstruction, repair, operation, maintenance,
management or control of said electric plant and electric dis-
tribution system.
Section 8. The Company shall maintain and operate its
plant and system efficiently and shall render to The l~nicioality
and its inhabitants service reasonably consistent with the ~ize
4§4-T. VILLAGE OF MOUND
of the l~unicipality and C0nditlo~a therein. Provided further that
the normal operating distribution voltage shall be 11§-2~0 volt
with a maximum and minimum variation not to exceed five per cent
(5~) from the normal voltage.
Section 9. In case the plant or system of the Company
shall be partly or wholly destroyed or incapacitated, the Company
shall at once restore or repair said plant or system so as to
render satisfactory service within the shortest practicable time.
Section 10. Whenever it is necessary to shut off or
interrupt service for the purpose of makin~ repairs or ins±Slllations,
the Company shall do so at such time as will cause the least
amount of inconvenience to its patrons, and unless such repairs
are unforeseen and immediately necessary shall ~ive reasonable
notice to consumers thereof.
Section 11. In case any additions of territory are
made to the ~!unieipality, the Company shall serve all inhabitants
of such additional territory in the same manner and on ~he same
terms as those of the territory now within its limits.
Section 12. The Company shall extend its lines and
furnish service to any resident of the ~!unicipality who shall
agree to pay therefor at the rate then in force; provided that
no extension shall be required when the cost of such extension
shall exceed three times the reasonably anticipated annual income
from such service.
Section 13. All local contracts entered into by the
Company in connection with this franchise shall be s~Ject to
examination by the Council or any a~ent it may designate for the
purpose.
Section 14. The Company shall give no .~ratuituous ser-
vices or rebates except for overcharge previously made, nor
shall it make any unlawful discrimination in rates or services
among the same class of consumers. All current furnished by
the Company under this franchise to any private consumer shall
be measured by meter. The liuniciPality and any consumer shall
have the ri~t to install a duplicate meter to checW the accuracy
of the Company's meter in measuring the current furnished to
such customer.
Section 15. Each meter used to measure the amount of
surrent supplied to any consumer shall be tested for accuracy
by the Company. If any consumer believes his meter to be in~c-
ourrate, the Company shall test such meter upon demand. If upon
test it appears that such meter overruns to the extent of two
percent (~) or more, the Company shall pay the cost of such
test, and if such meter overruns to the extent of four per cent
(4%) or more the Company shall make a refund for overcharges
collected for the past six months on the basis of the extent of
the inaccuracy found to exist at the time of the test. O~ch
meter shall not again be used until adjusted. If, when any meter
is tested upon the demand of a customer, it is found to be accurate
within two per cent (2%), the customer shall pay the reasonable
VILLAGE OF MOUND
cost of such testing. If it is found to ttnderrtm to the ex~,ent
of four percent (4%) or more, the customer shall pay for the
undercharges for a period of six months, on the basis of the
ex-bent of the inaccuracy fo~tnd to exist at the time of the test.
Section 16. Rates charged by the Compar~r shall be such
as will permit a reasonable return upon the investment of the
Company based upon the cost of the property reasonably necessary
to carry on the service required and contemplated hereunder and
the actual cost of such service. Company is to put in force
and charge to said village and its inhabitants the fa±es for
electricity comparable with its rates charged to other ~nicipali-
ties of similar size and area, and consuming similar ouantities
of electric energy.
Section 17. The Village Council at the end of any
period of five (5) years from the granting of this franchise,
when authorized so to do by a two-thirds majority of the votes
cast upon the question, may acquire and thereafter operate the
distribution system now owned by said Company upon payin? to
the Company, its successors and assigns, the value of such pro-
perty to be ascertained in the manner provided by law for
acquiring property unaer the right of eminent domain, upon
petition of the governing body. Such vote shall be tauten at a
special election called for that purpose, and held within ~hree
months nex~ preceding the expiration of said five year period,
the consideration for such distribution system shall first be
applied to the payment of any incumbrance thereon, unless ~he
Company shall procure a satisfaction and release of such enCUm-
brance, and the remainder, if any, shall be paid to the Company,
its successors or assi~.o-ns.
Section 18. Unless said Company, its successors or
assigns, shall l~urnish electricity to said villa~e and to private
consumers therein during the term of this ordinance, and '-eep
and perform all of the conditions thereof, inclu~n? the furnishing
of twenty-four hour daily service, unless prevented by stri~e,
labor troubles, fire, injunctions, acts of Providence, or any
other causes reasonably beyond the control of said 6ompany, all
rights and privileges conferred by this ordinance shall at the
option of said village terminate and come to an end.
Section 19. No franchise tax shall be levied by the
l~unicipality a~ainst the Company.
Section 20. The terms and provisions of this franchise
shall be deemed to be separable, and should any provision, section,
sentence or clause of this ordinance be invalid, such fact shall
not invalidate any other provision, section, sentence or clause
hereof.
Section 21. This ordinance shall continue until ter-
minated by the Council. The ~ouncil may terminate the same at
any time for substantial failure of the Company to comply with
any of the provisions hereof after notice to the Company; or at
any time after fifteen years after the da~e hereo~ upon one year's
formal notice in writing to the Company.
Section 22_ That all.ordin~.nces or resolu$io~s or
parts thereof heretofore aaop~ea ny sAza !~niclpa±z~y mn
454-N VILLAGE OF MOUND
conflict with the terms hereof are hereby repealed.
Section 23. That this ordinance shall ta~e effect from
and after its passage, approval and publication, accordinc to law.
Passed by the Council this
day of .Ma~. , 1959.
W. C, Huestis
PR~'I~E!~T OF' VILI~C~ 'uOUNCIL
ATTEST:
LeR. V. Alwin
Published in l[innetonka Pilot
on l~y 25th 1939.
The President then submitted a proposed Rate Ordi-
nance Ne.~4~ which Ordinance was fully read.
Trustee B. Wink~el then moved that the Ordinance as
read be adopted as Ordinance No. ~2. The motion was seconded
by Trustee ZeRoy V. Alwin .
the following voted "Aye":
C. L. Tuff
C. R. Ferrall
and the following voted "Nay":
by a
A roll being called on said motion,
B. Win~el
LeRoy V. Alwin
~one.
The President stated that the motion had been carried
unanimous vote of all of the members of the Council, and
the Ordinance legally adopted as Ordinance No. 42, said Ordinance
being in words and figures as follows to-wit:
RATE 0RDI~NCE NO. 42
An Ordinance of the Village of Mound, S~ate of ~inneso%a,
VILLAGE OF MOUND
454-0
fixing the maximum rates to be char~ed for electric service within
said Village.
TITE VITJ~GE COUNCIL OF MOU}~, :~,IN:~SOTA DO ORDAIN AS
FOLLOWS:
SECT I0N - 1.
That the maxinram rates to be char~ed for electric ser-
vice within said Village of Eound, Minnesota, shall be as follows:
ELECTRIC RATES - APPLICABI~m TO CUSTOIfERS INSIDE THE COR-
PORATE L~/~ITS OF ].g0U}~, }~IN}~SOTA
RESIDENTIAL SERVICE RATE
First 14 E?fl~ or less used per month 31.00
Next 26 ~7Hused per month 5¢ per
Next 60 EWHused per month 3[ per
Nex~ 100 t~VHused per month 2$¢per I~fH
Excess KWH used per month 2¢ per KWH
Minimum Bill - $1.00 per month.
(Except seasonal customers - see below)
AVAILABILITY
This rate is available for domestic lightinff, heating, small
appliances, cooking and refrigeration when all current is taWen
through one meter, provided, ~owever, that off-pea~ controlled
service for water heatin~ will be taken through a sepsrate meter.
The following mimimum will apoly to seasonal customers on both
residential and commercial lichting customers, located within
corporate limits of Eound, Einnesota.
1 month
2 months
3 months
4 months
5 to 7 months
8 months or more
CO}2~[ERCIAL LIGHTING RATE
$3.00 per month
2.50 per month
2.00 per month
1.75 per month
1.50 per month
1.00 per month
First 14 ~'~ or less used per month $1.00
Nex~ 86 KV~Hused per month 6~¢ per
Next 200 EWHused per month 5~¢ per
Next 200 kG~Hused per month 4¢ per
Nex~ 500 t~TH used per month S~¢ per ~'~
Excess ~'~I used per month 3¢ per I~
EinimumBill - $1.00 per month
(Except seasonal customers - see above)
AVAILABILITY:
This ~ate i's~-available for commercial lighting, sign lighting,
incidental appliances and small single phas? ~otors in commercial
institutions, stores, offices and factories. ~rovided that no
motor in excess of 2 lip shall be served on this rate.
454-P
VILLAGE OF MOUND
WATER ~EAT lNG RATE
$ .bI~ Iper K~,' n'~t - Minimum bill $1.00 per month.
AVAILABILITY:
This rate is available to customers using automatic storage type
electric water heaters of standard ma~e and desi?n, approved by
the Company, with suitable time switch supplied, by the Company to
control the periods when energy shall be supplied for heating,
The hours of operation may be limited by the Company as deemed
advisable to assure off-peak operation and the hours of operation
shall not be less than ten hours during any twenty-four hour periods.
Water heaters shall be served through a separate meter in accord-
ance with approve~ practices of the Company.
COIO~RCIAL C00EING~ HE~TING A~UD S~,~LL P0~ER R~T~:
FOr demand' not or'er l0
I~ ) '
First 100 KV~ used per month 5¢ per EW~H
Next 100 K~H used per month $~ per MV~
Excess ~ used per month ~¢per KWH
For demands 10 KW or more, 25 ~H will be added to each bloc~- of
the rate for each EW in excess of 10 ~. ~inimum Bill ~l.aO
per HP for first 5 PIP - $.50 per PEP for excess.
AVA ILAB ILITY:
Thi'S' ra'te Iisi available for electric heating and coo~in~ installa-
tions of not less than 2 E~¥ of connected load and small sin~le
phase motors for refrigeration or other use in commercial insti-
tutions, providing that no motor in excess of 1 HP shall be
served ,on this rate. Customer must arrange wiring so that no
other service excepting as provided herein, may be ~easured on
the meter for this service. Lighting will not be served under
this rate, nor will X-ray machines or other apparatus which may
produce abnormal voltage fluctuations.
LARGE P0?~ER RATE:
First 100 ET~ used per month 6~ per E~
Next 200 ~H used per month 5¢ per
Nex~ ~00 K~H used per month ~¢ per
Next ~00 EWHused per month
Next 1000 K~ used per month ~ per
Excess EW~ used per month 2~¢per
Monthly ~inimum - $1.00 per HP for first
5 PIP - $,50 per HP for excess,
AVAILABILITY
This rate is available for all power purposes for commercial and
industrial customers, either three phase or single phase, but three
phase service will not be supplied for loads of 5 HP or less except
at Company's option. Di~hting is not permitted on this rate and
this rate is not available for breakdown or standby service or
for energy for resale purposes,
PROMPT PAl~ENT DISCOUNT
Customers' 'monthly bills will be computed at the net rate and
there will be added to the total net bill a sum e~Ual to ten
wPher cent (10%) thereof, which will be collected from customers
o fail to pay the net bill within ten days of date of bill,
VILLAGE OF MOUND
454-Q
SECTI0~! II.
That all ordinances or resolutions or parts thereof,
covering residence and commercial lif~htin~ rates, heretofore
adopted by said Village of t{ound in conflict with the terms hereof,
are hereby repealed.
SECTIO~ - III.
That this 0rdinanee shall take effect from and after
its passage, approval and publication according to law.
ATTEST:
LeR. V. Alwin
CLERK
(
LeR. V. Alwin
(SEAL)
VILLAGE OF MOUND
RESOLUTION ADOPTED BY THE VILLAGE COU~CIL OF TIKE
APPROVED:
ATTEST:
RESOLVED, that the VillaFe of Mound, ~,{innes6ta, enter
into a "Contract for l{unicipal Street LIFhtlng" for
a term of five (§) years with the Interstate Power
Company, a Delaware corporation, in the form presented
and read to this meeting and made a part of the min~tes
hereof, and that the President and Clerk be and they
hereby are authorized and directed to execute the same
on behalf of said Village. ~~
W. C. Huestis
PRESIDE~ OF THE VI]SLACk. COU~,~C'I'~
OF ~:[OUIfD, MIN~SOTA.
}~a.[ 18 1939.
LeR. V. Alwin
o~
(sF~z)
RESOLUTION ADOPTED BY THE VILLAC-E COUI~CIL OF THE
V'I'L~AGE' OF MOUND,' CO~If£Y OF
SOTA' kT'AN ADJOU~N~UJ H~GbLAR I~ETING HELD 0N
(SEAL)
RESOLVED, that the Village of Mound, Minnesota, enter
into a "Contract for Electric Energy for },~.unicipal
Pumping Plant" for a term of five ¢5) years with the
Interstate Power Company, a Delaware corporation, in
the form presented and read to this meetlnF and made
a part of the minutes hereof, and that the President
and Clerk be and they hereby are authorize~ and
directed to execute the same on behalf of said Village.
~-' W~"C. Hues~ls
PRE'S'~E~ OF ~E VIL~CE' C~CIL
0F I{OUI~, t~I~S ~A.
APPROVED:
ATTEST:
,, Ma~, 18 , , 1939
LeR. V. Alwin
VILLAGE OF MOUND
STATE 0F ~IN!~SOTA
VILL~C~E OF ~0UND
QI~ER~ ' S CERT I.FICATE
I,. ~eR,o~ V. Alwin , being the duly
elected, qualified, and acting Cler~ of the Villa~r,e of l~ound,
County of Hennepin, and State of ~Xinnesota, DO RU~EBY CERTIFY,
that the above and foregoing is a true and correct copy of ~he
Minutes of an Adjourned Regular ~eeting of the Village Council
of said Village held on this 18th day of ~,~ay, 1939, insofar
as they pertain to the granting of a "Contract for ~.~unicipal
Street Lighting", a "Contract For Electric Energy for ~unicipal
Pumping Plant", an "Electric Franchise" e. nd Rate Ordinance
No. 42 to the Interstate Power Company, a Delaware corporation.
IN WITNESS ~HEREOF, I have hereunto set my
hand and affixed the seal of said Village this 18th day of
~{ay, 1939.
LeR. V. Alwin
CLERK
VILLAGE OF MOUND