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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