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1961-09-12 406 MINUTES OF THE REGULAR MEETING OF SEPTEMBER 12, 1961 at 8:00 Fire Station Present were: Mayor H. B. R. Larson, Trustees Pfeifer, ~Batdorf, Orn; Attorney Ploetz, and Manager Kopp. The minutes of the meeting of August 8, 1961 were read. PetersE seconded a motion to accept the minutes of the meeting of Au~lust ~he vote was unanimously in favor; so carried and accepted. The minutes of the August 22, 1961 meeting were read. Pfeifer seconded a motion to accept the minutes of August 22, 1961 as ret unanimously in favor; so carried and accepted. The minutes ofthe meeting of August 29, 1961 were read. 'BatdorJ the motion to accept the minutes of August 29, 1961 as read. TI in fa~or so carried and accepted. The minutes of the meeting of August 31, 1961 were read. Orn m( seconded a motion ~o accept the minutes of August 31, 1961 as ret unanimously in favor; so carried and accepted. The minutes of the meeting of September 5, 1961 were read. Pet~ Pfeifer seconded a motion to accept the minutes of September 5, vote was unanimdusly in favor~ so carrried and accepted. PLANNING COMMISSION RECOmmENDATIONS T. H. Walters requeet to rezOde iLots ~113, llh and 115 Mound Shod to Multiple Dwelling. Orn offered the follo~i ng resolution and moved its adoption. Ba~ Motion. WHEi~EAS is is proposed on council initiative pursuant to plannin~ to rezone from Residential A to Multiple Dwelling, the s~ Southeast Quarter of the Northeast Quarter (SE~ of NE¼) ¢ Township ll?, P~nge 2h except platted pertions ~ereof, a~ to Multiple Dwelling Lots ll3 -llS, inclusive, Mound She NOW THEP~FORE, BE IT -RESOLVED BY THE VILLAGE 00UNCIL OF MOUND, MI 1. That public hearing of said proposed rezoning be ha¢ at 9:00 P.M. o'clock in the Village of Mound Fire Hall. 2. That the clerk publish due notice of said hearing a~ Poll Call Vote: Orn Pfeifer Petersen Ba~dorf So carried and resolved. Aye Aye Aye Aye Robert Lyckho .lin request to divide Lot 13, iL, lg, 16 Block 17 building sites. No action taken.. at the Mound Petersen and ~n moved and Pfeifer 8, 1961 at read. ~oved and Batdorf ~d.. The vote was moved and Orn seconded e vote was unanimously ~ved and Petersen ~d. The vote was ~rsen movedand .961 a.~ read. The ~s from Residential ,dorf seconded the :commission recommends ,utherlyl158 fegt of .f Section l~, ~d from Reisdential B NNESOTA September 26, 1961, required by law. lon into two ~than Curtis request to build a garage under his house. No actio Theodore Herman request to ~epair,~se~tic system. Batdorf moved and Pfeifer seconded a motion. BE IT MOVED, Theodore Herman be allowed to repair his draim fiel~ street provided they restore the village street to orginal the proper safeguards for traffic over the area, and corn The vote is unanimously in favor. So carried and ~ranted. Ma,~- request to improve fire lan~ Orn moved and Pfeifer seconded a motion. BE IT MO~YED, Mr. May be allowed to improve the fire lane off Per The vote was unanimously in favor so carried. INSTALLATIO~ OF ?JGHT TURN L~NE O~ COb!CO~D BLVD. Batdorf moved and Om seconded the motion. BE Ii?MOVED BY THE VILLAGE COUNCIL 0! hOUND, MINNESOTA: 1. That all parking be prohibited on the northerly cur from the Easterly line of Commerce Blvd. to a point 200 Easterly line of Commerce Blvd. The vote ~,~as unanimously in favor. So carried. R~DIVIDUAL FI?~ CONTRACTS Orn offered the following resolution and moved its adoption. motion. PJESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA: 1. That all individual fire contracts with the Village effective December ~1, 1961; 2. That all individual fire contract ~holders be given notice mailed to the name and address of such contract ~ the most recent contract on file dn the Village Office; 3. That pro-rata refund be made to all contract holde~ for the unexpired remainder of their contract term afte~ ~. That no new individual contract applications be acc and that service be rendered on all individual contract regard to expiration date~ through December ~1, 1961. Roll Call Vote: Batdorf Aye Pete~sen Aye Pfeifer Aye Orn Aye Larson Aye' So carried and resolved. 2407 taken. under the village comdition; erecting ~act the fill to 90%., Lane. ~ of Concord Blvd feet east of the atdorf seconded the of Mound be cancelled notice thereof by ol der as shown by s with such notice December 31, 1961; epted or entered into properti es ~thout 408 ?OOR AND ~,~LFA?~E BUDGET Pfeifer offered the following resolution an ~. moved its adoption. the motion. Petersen seconded BE IT RESOLVEDBY THE VILLAGE CO[~CIL OF MOI~D, MII~NESC)TA: 1o That the 1961 budget fbr the "Poor and Welfare Fund" be increasedfrom the sum of $7,1~3 as originally estimated, to $10,1~.00 2. That the sum of $3~000.00 be transferred on loan from the General Fund to the Poor and Welfare Fund /,o be repaid thereto from said Poor and Wel:'are Fund when funds are available. .Poll Call Vote: Batdo rf Aye Orn Aye Petersen Aye Pfei fe r Aye Larson Aye So carried and resolved. MILEAGE F~{ STreET f'}~D WATER SUPERTINDENT O~m offered the following resolution and moved its adoption. mo l,ion. Petersen seconded the ~iE?~[~S the Water and Street Superintendent has in the past been using his private vehicle in the discharge of his official duties. 2ND ~-~EREA.3 it is in the interests of the Village thah he conti ue to so use his vehicle NOW THEP~FOPJ~ BE IT R~P~LV!!]D '~i T~WE VILLAGE COU CIL OF MON,,~D, MINNESOTA: 1. That the Water ~d Street superintendent be reJ. mbursed atthe ~ate of ?½~ per mile for each mile of usefor villa~e purpose~of his private vehicle where such use is necessary for village purposes, PROVIDED that reimbursement be made only upon receipt of completed and certified mileage reports setti~g forth the ~il:~age, dates incurred, and the purpose oF such private vehicle use. Roll Call Vote: Batdorf Aye Pfeifer Aye 0 rn Aye Petersen Aye [arson Aye So carri~.~d and resolved. ADD._ TIONAL 0 ~JIIN~NC ES L. E. BropLey, 1,lound Justice of the Peace appeared before the Council to discuss the addition of certain ordinances now nee. ed by the village for the correct en~i'orce- ment of the law and the securing of sm_y fines for the re_~:~abursement of the village for se~zices rendered. REFL$ID ON DOG TAG - H.M. HOUSE Orn moved and Batdorf secooded a motion. BE IT MO~ED, a refund of $1,50 be issued to H. M. Hause on Dog T was only needed but not asked for by minor child. The vote was unanimously in favor; so carried. P~SOLUTIO] FOR SALE ~ ~.~ B0~DS Batdorf offered the folltwing resolution and moved its adoption. the motion. 2409 · g #538, a duplicate Petersen seconded 2410 SERVICE TO ?~XIST17~G HOUSES ON NE~ WAPER PP~OJECT was discussed. No action taken. TPANSFERS Pfeifer offered the following resolution and moved its adoption. Batdorf secor:ded the motion. BE IT i~SOLVED~ the sum of $2,9~5.00 from General Fund be transferred to the Assessor Fund ans budgeted. ~oll Call Vote: Batdo rf aye O na Aye Petersen Aye Pfeifer Aye ~arson Aye So carried and resolved. Orn offered he following resolution aqd moved its adoption. motion. Patersen seconded the BE IT R!~SOLVED: the sum of ~OO0.00 from General Fund be transferred to the Special Assessment #18 F~md, as a loan until bonds are sold. Roll Call Vote: Bat do rf Aye O rn Aye Petersen Aye Pfei fe r Aye Larson Aye So carried and resolved. B! LLS Batdorf moved and Om seconded a motion to pay the following bills where f~mds are available. The vote was unanimously in favor. So carried. NOTICE CF BOND SALE $~00,000 TEMPORARY IMPROV~NENT BONDS OF 1961 VILLAGE OF MOUND, MINNESOTA NOTICE IS HEREBY GIVEN that the Village Council of the ¥ill~ge ef Mound, Minnesota, will meet at the Mound Fire Hall in the Villa. ge of Me, nd, Nennepin County, Minnesota, on Tuesday, September 26, 1961, at 8.00 o'clock P.M., Central Stando~d Ti~e, to receive sealed bids for the purchase ~ $200,000 Temporary Improvement Bonds of 1961 of the viJ_lagee Such ~nds l~[Ll be general obligation negotiable coupon bonds, in the denomination of ~l,O~t each, dated. October 1, 1961, bearing interest at the rate designated by. the .Imccessful bid- der, in integral multiples of one-quarter (1/4) o~ one'tehth (1/:.0) of one per ,. cent (1%) per annum, payable on~pril 1, 1962, and semiannually tltereafter on October 1 and April 1, without e~tion ef prior payment. All of Tmprovement Bonds of 1961 shall mature on October 1, 1963. The bidders Bay specify that the bonds be issued in larger in maltiples of ~5,0000 Both principal and interest will be payable at any suitable by the purchaser. The village will furnish printed bonds and apl opimiOR of MessrSo Hou~rd, Peterson, LeFevere~ Lefler and Naertz~ Minnesota, both wi~out expense to the purchaser. The bonds ail: to the purchaser, without expense, within forty (40) days after sale, accclpanied by an unquali~ed approving legal opinion and delivery papers, including a certificate showing absence of liti Ail bids must be in writing, enclosed in a sealed envelope, except as to the above opinion, and be left with the undersigned above time, acconq)anied by a certified check, bank draft or cash~ the amount of at least $~000, payable to the order of the villa! feited as liquidated damages in event the bid is accepted and th~ tm comply therewith. Mo split rate bids will be accepted and bids shall not provA mental "Bu couponso The bid deened mcat favorable to the village will be accept~ for less than pa~ plu accrued interest from date of issue to dar liveA'y w~ll be considered and oral bids will not be received. Tk waive any infol~aality in any bid and the light to ~eJect any and ~ese~yede ,aid Temporary lenoninations bank designated ,roving legal ~n, Minneapolis, · be delivered ~he date of :us tonary final ationo be unconditional prio~ to the .errs check in :e, to be for- bidder fails de fer supple- d. No bid · of bond de- .e right to all bids are NY ORDER OF THE VILLA~ Leonard L. Kopp Village Manager Village of Meud, Minne8 COUNCIL eta ¥oq- b The motion for the adoption of the foregoi! tion was duly seconded by Trustee Dr. Byron Petersen upon vote being taken thereon, the following voted thereof: T~ustees Howard Om, Del P£ei£er~ Dro Byron Petersen and Mayor H. B. R. Larson and the followin~ voted against the same: None whereupon said resolution was declared duly passed STATE OF MINI~SOTA COUNTY OF BENN~PIN VILLAGE OF MOUND SS Ig resolu- ~ and favor Go.on Batdor£ adopted. I, the undersigned, being the duly qualified and act- ing Clerk of the Village of Mound, Hennepin County, ~innesota, do hereby certify that I have carefully COmlrared the attached and foregoin~ extract of minutes of a regular meetinE of the Village Council of the said village with the original file in my office, and the same is a full, trus and c transcript therefrom insofar as the same relates to t and sale of $200,000 Temporary Improvement Bonds of 1 WITNESS my hand as such Clerk and the corpo: the village this 13 day of September , 1961. Clerk ¥illage of Moun ~,~i -4- thereof on ~mplete he issuance ~61. ~ate seal of anesota EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF MOUND HENNEPIN COUNTY, MINHESOTA Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of Mot sota, was duly held at the Mound Fire Station lage, on Tuesday , the 12 day of Septembel 8:00 o'clock P. M. Central Standard Time. The following members were present: Mayor H. B. R. Larson; Trustees Del Pfeifer, Howar Batdorf and Dr. Byron Petersen and the following were absent: None Trustee Gordon Batdorf lntrodu, lowing resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE AN] SALE OF $200,000 TEMPORARY IMPROVEMENT BONDS OF 1961 Lnd, Minne- in said vii- , 1961, at Om, Gordon ed the fol- WHEREAS, the Village Council has entered i for the construction of certain improvements, herein crated, pursuant to the provisions of Minnesota Stat ter 429, as amended, and WHEREAS, it is proposed to issue temporary bonds to finance the cost of said improvements until of prepaid special assessments can be determined and for permanent financing can be more accurately evalu WHEREAS, such improvements, referred to he: sist of the following: Sandy Drive, water extension, estimated cost ..... First Avenue, water extension, estimated cost . . . . [ The Highlands, water extension, estimated cost ..... Three Points, water extension, pump and well...... NOW, TREREFORE, BE IT RESOLVED by the Villl of the Village of Mound, M~nnesota, as follows: It is hereby determined that the total cos~ aforementioned improvements will be not le~ nto contracts after enum- utes, Chap- improvement the amount the need ~ted, and ~ein, con-' · $~,035,00 · ~ 3,120.00 2,990.00 ~ge Council of the than the sum~of $200,000, and that of the total cost of such Improvements, more~ than twenty percent (20%) of the cost thereof will be paid -1- property benefited b the con- from assessments levied against struct ion thereof · 2. It is hereby determined to finance said le.provements temporarily by the issuance of temporary ,mprovement bonds in the amount of $200,000. · 1 meet at the ~ound Fire {all in the Villag~ ~ ~' -entral Standard Tiae.~or a~ ~ '~'~ o'cloc~ ~. ~ ~.__ --aled bids for ~ne o~ receiving and consl~erxn~ m- said bonds. The village ~nager shall cause no~ice~ox sa~e ss then ten (10) days ~n advance · ~ be ~ublished once,_~?t.~ ----~,~er of the '2 .~_-_.~. in the o~Ilc~ u.--~ [---~-d in winneapo~z~, Minnesota · 4. The s~cifications for such bond issue s~all be as set forth in the tollowtng Notice of Bond Sale, wh:~ch shall be, substantially, the notice of bond sale to be so pu~lished: -2- Village of Mound, Minnesota Bills Payable - September 12, 1961 GENEP~L Mound Hardware Arnolds Janitor Service Minnet onka Pilot League of Minnesota Municipalities Miller Davis David Agency SPECIAL ASSESSmeNT #18 Chapin Publishing Co. Minnet o~ka Pilot PARK Mound Hardware Satellite Service Co. David Agency Adler Enterprises, Inc. j. V. Gleason Mound Hardware Standard Oil St. Boni Auto Co. Wino Ho Ziegler Coo, Inc. Bury & Carlson Auto Parts Service Coo Cox Brothers %~idmer Brothers Northern States Power David Agency CIVIL DEFENSE Kenneth Hansing CEMETERY Walter S. Booth & Son Mound Hardware Miller Davis BUIIDL~G INSPECTOR International Conference of Building Officials Chellis Engstrom Oscar Pehrson POOR Hennepin County Relief Board 39.80 45.00 59.25 3.50 4.35 9.5,8, 12.40 7.90 63.75 66.00 44.00 2,191..64 8 °75 57.75 135 035 63.67 72o00 25.5o 849000 60.00 863,66 487.87 1.95 12.53 63.75 22.50 183.15 255.6o 870.56 16z.~8 20.30 178.76 ~,859.19 ~.95 77e28 461025 870.56 POLICE Police Supply Co. A1 Gerold Garage Dutch Lake Kennels Buckley's Custom Upholstering Gambles Specialty Screening Mound Ford Mercury Northern Automotive Ed By,n, Sheriff Warco Products David Agency ASSESSOR Che]!is Engstrom Miller Davis FIRE Seton Shell Service Richard Stone Gravelle' s Garage Minnetonka Answering Service Duanes '6§' Service Northern tates Power David agency ~,~TER Mound Hardware Standard Oil National Chemsearch Badger Meter Northern States Power David Agency Total LIQUOR David Agency Northern °tares Power Co, Graud Total 166.89 30.00 ~.00 5.00 16.45 16.00 79.60 9~3 51.60 34.95 398.6~ 1,5oo.oo 1.oo 1,5OloOO ~.65 13.00 15.22 64.00 13.00 24.29 286.71 8.75 57.75 95.30 28.80 288.OO 163.39~ 164.02 274.78 850.71 1,501o00 417.87 641.99 10,042.34 438°80 10,481.1~ Mound Municgpal Liquor Dispensary-Bills (CONTINUED) LIQUOR OPERATING Northwest Linen Service 79.34 C.Chester Ray 8.25 Mound Hardware 8.04 Check Cashing Fund 12.10 Minn. Mun. Liquor Stores Assoc. 15oO0 Waconia Electric Serv. 88.50 North-West Extermo Co. Arnold's Janitor Servo Nelson Aluminum Window Barbara Heyman The Nat. Cash Register COo 4.00 190.00 13o10 6.00 105.40 Payable ~m~Sept. 529.7] 12, 1961 TOTAL $17,717.32 MOUND · MI#NESOTA DI$OOUNT BILLS PAID IN AUGUST Lynn Johnson Co. 985.65 Inc. 685o41 Old Peoria COo, IncX. Griggs, Cooper & Co., 1,~82o81 Old Peoria Co. Inco 455.41 Ed° Phillips & Sons 1~457.31 Griggs, Cooper & Co. 693.03 Lynn Johnson Co. 262.00 $4,250.56 BILLS PAID IN AUGUST- NOT LISTED Mound Postmaster Match Corpo of America Northern States Power No~hwest Linen Co. Watertown Telephone Watertown Telephone Petty Cash Aug° F. Hartkop 20.00 121.77 203.88 39°66 25.75 18.00 8.74 18.93 456.73 Mound Municipal Liquor Dispensary-Bills Payable Sept LIQUOR PURCHASES McKesson & Robbins Distillers Dist. Co. Famous Brands, Inc. Lynn Johmson Co° Canada Dry Bev. Seven-Up Bottling Co. Coca Cola Bottling Co. Minneapolis Bottling Co. Pepsi-Cola Bottling Co. Mankate Brewing Co. St. Boni Bev. Co. Chaska Bev. Co° Carter Bev. Co. Buckingham Bev. Coo Day Dist. Co. Manning-Anderson Co. Schlitz Brewing Co. Minnetonka Bev. Co° Consolidated Bev. COo Notermann-Weber O.M. Droney Bev. Co. Twin City Home Juice COo Halverson Candy & Tobo Old Dutch Foods Monarch Foods Franklin Creamery 1,832.32 1,174.79 1,816o98 238.75 323.30 197o35 49.80 33.96 52.80 61°65 386.40 454.56 1,774.95 1,287.09 35 °10 1,272.33 68.28 532.10 185.45 327.68 205.96 48.20 97o15 18ooo 1.90 3.45 $12,480.30 ember 12, 1961 1962 BUDGET - The 1962 budget was discussed and all except the General Fund were presented to the council. TAX FORFEIT D\ND Batdorf offered the following resolution Rd moved its adoption. motion. Orn seconded the A RESOLUTION AUTHORIZING Ah~ DIRECTING THE MAYOR AND CLERK TO APPLY FOR CONVEYANCE OF TAX FORFEITED LANDS WHEREAS, the State holds as tax forfeit certain land in the Village of Mound legally described as: Lot 16 Block ~Wychwood A?~WHEREAS, the Village of Mound requires all, or a substantial portion thereof for street purposes to allow, when opened thereon, a curved residential street; NUg THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MOUND MINNESOTA: That the Mayor and Manager be~ and hereby are, authorized and directed to make p~oper application for the conveyance of all, or a portion thereof, to the Village of Mound for street and road purposes. ~oll Call Vote: So carried and resolved. Batdo rf Aye Orn Aye Pfei fe r Aye Petersen Aye Larson Aye Orn moved and Petersen seconded a motion to adjourm ~mtil the meeting of September 19, 1961 at the Mound Fire Station at 8:00 P.M. fhe vote was unanimously in favor so carried ~nd adjourned. Mayor H. ~. R. Larson Attest: MINUTES OF THE MEETING OF SEPTEMBER 19, 1961 at 8:00 P.M. at the Present were: ~ayor H. B. R. Larson, Trustees Batdorf, Pfeifer, Attorney Ploetz and Manager Kopp$ Engineer Wm. Schoell. PUBLIC HEAPING - WATER IMPSDVF~iENT ON WESTEDGE DRIVE The Hearing was called to order. The Managerdisplayed the lega] ac opy of the letters sent to all affected parties. The Attornel requirements had be~ me~ D. W. Hayward~ Wm. W. Wohlrabe, E. J. Granger, Mr. Devries and ~ asking questions of the cour~cil and the engineer. Petersen offered the following resolution and moved its adoption. the mo tion. ~ ~ ..... Roll Call ~ote: Pfei fe r Aye Batdo rf _~ ~' ~'~-t d Pete rsen Aye Orn Aye Larson Aye So carried and resolved. Mound Fire Station Petersen and Om; publications and stated all legal Johnson spoke, Pfeifer seconded %414 The hearin!% was declared closed. The Mayor called the councit~meeting to order. PAT RO IdV~AN SALARY Batdorf offered the follwing resolution and moved its adoption. motion. Orn seconded the k~EPJ~AS the Village Council on July l~, 1959 established wage scale for patrolmmn~ at $2.50 at Jan. l, 1960; to $2.58; both provided longevity of 2h months in grade was possessed by such patrolmen AND ~qEREAS it to the Village Council appears just, reasonable and in the best interest of the department to reduce t he longevity in zrade requirement therefore to 18 months for Patrolman Leon James Dean, he being t~e ~fi~l~.y patrolman presently affected thereby NOW THEP~E~OPJ~ ~ IT RESOLVED BY THE VILLAGE COU~'~CIL OF THE VILLAGE OF MOUND That the resolution of July l~ 15 59 be amended by providing that the longevity in grade reqt~~rement be reduced to 18 months for all patrolmen presently affected thereby, and that thereafter such contract or contracts do at such time or times then in effect shall control. Roll Call Vote: Petersen Aye Orn Aye Pfeifer Aye Batdorf Aye So carried and resolved. Larson Aye PHONE CABLE - Garden ~ane Petersen offered the 'f611owing resolution and moved its adoption. seconded the motion. Pfeifer BE IT P~SOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA That the ~.,'?,te?t~m Telephone Company be, and hereby is, granted permission to install on Garden Lane, subterranean telephone cable, provided: 1. That said cable be installed 20 feet distant, and on the opposite side of the road, from the water main thereon 2. That the street surfacing and base be restored in kind.. Roll Call Vote Petersen Aye Batdorf Abstain Pfeifer Aye Orn Aye Larson Aye So carried and resolved. The continued hearing on the vacation of Essex Lane was continued until Oct. 10 1961 at the Mound Fire Station by executive order of the Mayor. z RESOLUTION ORDERING IMPROV~ENT ACCEPTING PLANS, AND ORDERING ADVERTISEmeNT FOR BIDS WHEREAS, a resolution of the Village Council adopted the 8th 1961, fixed a date for a council hearing on the pro ment of West Edge Drive between the Southerly line No. llO to the Southerly boundary of the Great Nort tracks and from the Westerly boundary and limits of to the Easterly line of Government Lot 3 and the Vi by installation of water main, hydrants and accesso WHEREAS, ten days' published notice of the hearing through t cations of the required notice and mailed notice by the U.S. mails at least l0 days prior to the hearin notice properly addressed to all persons within the to be assessed appearing as owners on the County Tr as of March 1961, was given and the hearing was hel 19th day of September, 1961, at which all persons d heard were given an opportunity to be heard thereon NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE 1. Such improvement is hereby ordered as proposed i resolution adopted August 8, 1961. day of August, oosed improve- ~f County Road aern Railroad the Village llage Limits ties thereon; and ~o weekly publi- depositing in ~, a copy of the area proposed ~asurer's records d thereon on the ~siring to be ,F MOUND,MINNESOTA: the council ! 2. Plans and specifications prepared by Schoell & Madson, village engineers, for such improvement pursuant to council resolution, a copy of which plans ~nd specifications is attalched hereto and made a part hereof, are hereby approved and shal% be filed with the Village Clerk. 3. The Village Clerk shall prepare and cause to be~nserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be p~blished for one week, shall specify the work to be done, shall state that bids will be qpened and con- sidered by the Council at 7:30 P.M. on October ~0, 1961, in the Village Fire Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied ~y a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for five per cent of the amount of such bid. Adopted by the council this 19th day of September, 1961. CONDH~MN L~ND FOR WELL HOUSE SITE Petersen moved and Pfeifer seconded a motion BE IT MOVED, the Village Attorney be instructed to proceed to in the Three Points area for the well house site ~r t~ Water. The vote was unanimously in favor. So carried Condemn property Three Points 0rn mowed and Pfeifer seconded a motion to adjourn until the ~.eeting of Sept. favor26' 1961so carrieda~dat 8:00 P.M.adjourned.at the Mound ~ire Station. ~he vote was unanimously in · Attes ~- ~/Mayor' 2415 941G MINUTI']S i)F THE ?IEETii~i] OF SEPTE~BE~t 26, 1961 at 8:00 P.M. at ~b~. Mound Fire Station Present were: ~layor Larson, Truste~,s Pfeifer~ Petersen, Orn and Batdorf; Attorney Ploetz and l~anager Kopp; Bond Consultants Ernie Clark and Lyle Olson. OP!~,~I!'~G ~',F BOND BIDS Bids opened by Lyle Olson~ calling off the data to the com0ctl . FIRST NATIONAL BANK B ILDIN~, EAPOLIS2, MINNESOTA ·EDERAL - BIDS RECEIVED AT SALE SEPTEmbER 26, 1961 BIDDERS *FIRST NATIONAL BANK First National Bank WOODARD-ELWOOD & CO. AMERICAN NATIONAL BANK ~J. M. DAIN & CO. Allison-Williams Co. Piper, Jaffray & Hopwood *tC~IMAN & CO. Juran & Moody, Inc. ADDRESS Minneapolis) Saint Paul ) Minneapolis) Saint Paul ) Minneapolis) Minneapolis) Minneapolis) Minneapolis) Saint Paul ) RATE 2.4o% 2.6~ 2.70¢ 3.2~ $200,000 TEMPI BONDS OF 1961 MI~ PREMIL~I $2~.oo $ 21.00 $ 42.00 $ ?8.85 $ 81.00 )RARY IMPROVEMENT , VILLAGE OF MOUND, ~ESOTA TOTAL INTEREST COST from date of issue to maturity, less premium, and NET INTEREST RATE $ 9,360.00 2.34% $10,379.00 2.5947% $1o, 758. oo $10,921.15 $12,719.00 EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF MOUND HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, meeting of the Village Council of the Village of Mou sota, was duly held at the Village Hall in said vill day, the 26th day of September, 1961, at 8:00 Central Standard Time. The following members were present: Trustees Batdorf, Om, Peterson and Pfeifer and the following were absent: None o'cloc Mayor The Mayor announced that the meeting was c~ the consideration of bids for the purchase of $200,0~ Improvement Bonds of 1961 as advertised for sale. TI special nd, Minne- age on Tues- Larson, presented affidavits showing publication of notice o: than ten days in advance of sale in the official new: in Commercial West, a financial paper published in M:.Lnneapolis, Minnesota, which affidavits were examined and found ~ati~.factory and ordered placed on file. ! presented the sealed bids which had been de- The Clerk livered to him prior to the time specified in the no~ and said bids were opened, examined and found to be INTEREST RATE AM NAME OF BIDDER 2.40% First National Bank of Minneapolis First National Bank of St. Paul 2.60% 2.70% nvened for )0 Temporary ~e Clerk sale more paper and ;200,240.00 ;200,021.00 200,042.00 American National Bank of Saint Paul Woodard-Elwood & Co. -1- ;ice of sale ,s follows: )UNT OF BID BE IT RESOLVED by the Village Council of the Village of Mound, Hennepin County, Minnesota, as follows: 1. The total estimated cost of Water Improvement No. 1961, 1-4, Consolidated, consisting of water extensions and new well and site, has been estimated at $202,595.00. It is now estimated that the sum of $200,000 is currently necessary to provide financing, and it is hereby determined to be necessary to borrow said amount for the payment of indebtedness heretofore incurred and for expenses necessarily to be incurred in connection with the construction of said project. There is hereby crea~ed a Water Project Construction Fund into which shall be paid all proceeds of temporary bonds issued pursuant to this resolution and out of which shall be paid all amounts due and payable as costs or ex- penses incident to or incurred in connection with making said im- provement. There is hereby created Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Account into which account shall be paid the proceeds of all special assessments levied against benefited property by reason of the making of said improvement and out of which shall be paid principal and interest on all tem- porary improvement bonds issued to finance said project. 2. It is hereby determined that the sum of' $200,000 shall be borrowed to finance said Water Project by the issu- ance of temporary improvement bonds of the village as authorized in Minnesota Statutes, Section 429.091, Subdivision 3. Said bonds shall be payable from the Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Account, but the village further recog- nizes its statutory duty, as provided by Section 429.091, and covenants and agrees with the purchaser and all holders from time to time of said temporary improvement bonds, at or prior to the maturity thereof, it will pay and retire such bonds and the in- terest thereon out of the proceeds of definitive improvement bonds which the council shall issue and sell at or prior to the maturity of the temporary improvement bonds, to the extent that the same cannot be paid out of funds available in the Sinking Fund Account or out of other municipal funds which are properly available and are appropriated by the council for such purpose. 3. It is hereby determined to levy special assessments against benefited property by reason of the making of Water Improvement No. 1961, 1-4, Consolidated, and ad valorem taxes, if necessary, to produce sums at least 5% in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls subsequent to the time when said project has been completed and the total cost thereof has been deter- mined. 4. The temporary improvement bonds, in the amount of $200,000, shall be dated October 1, 1961, shall be 40, in number and numbered 1 to 40~ both inclusive, each in the de- nomination of $5,000, shall bear interest at the rate of two and forty hundredths percent (2.40%) per annum payable semi- annually on April 1 and October 1 of each year and shall mature on October 1, 1963. The principal of and interest on said bonds shall be payable at the main office of the First National Bank of Minneapolis in the City of Minneapolis, Minnesota. -3- Said temporary improvement bonds shall be prepared in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENh'EPlN VILLAGE OF MOUND TEMPORARY IMPROVEMENT BOND WATER IMPROVEMENT NO. 1961, 1-4, CONSOLIDATED KNOW ALL MEN BY THESE PRESENTS that the Village of Mound, a duly organized municipal corporation of Hennepin County, Minnesota, acknowledges itself to be indebted and, for value re- ceived, promises to pay to bearer from Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Account the sum of FIVE THOUSAND DOLLARS on the first day of October, 1963, without option of prior payment, and to pay interest thereon from the date hereof until paid at the rate of two and forty hundredths percent (2.40%) per annum, payable semiannually on the first day of April and the first day of October in each year in accordance with separate interest coupons hereto attached. Both principal and interest are payable at the main office of First National Bank of Minne- apolis in the City of Minneapolis, Minnesota, in any currency or coin of the United States of Americawhich on the respective dates of payment is public tender for private and public debts. For the prompt and full payment of such principal and interest as the same become due the full faith, credit and taxing powers of the village are hereby irrevocably pledged. This bond is one of a series in the aggregate princi- pal amount of $200,000, all of like date and tenor except as to serial number, all issued by said village for the purpose of defraying expenses incurred and to be incurred in construction of an improvement consisting .of water extensions, well and site, and is issued pursuant to and in Conformity with the Con- stitution and Laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 429,091, Subdivision 3. This bond is payable primarily from Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Account of the village, but the council is required to pay the principal and interest thereon out of any funds in the treasury in the event that the monies on hand in said Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Account are at any time insufficient to meet the payment of maturing principal and interest, and is further required at or prior to the maturity of this bond to provide for the payment and retirement thereof by the issuance of de- finitive bonds to the extent, if any, that the assessments and taxes or other municipal funds theretofore collected and re- ceived in said sinking fund account may be insufficient for such purpose. IT IS BEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitu- tion and Laws of the State of Minnesota to be done, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said village according to its terms, have been done, do ex- ist, have happened and have been performed as so required; that the village has duly determined the necessity of and provided for the construction of said improvement; that the Water Im- provement No. 1961, 1-4, Consolidated Sinking Fund Account has been duly created and provision has been made for the support -4- thereof by ad valorem taxes and special assessments to be levied, at or prior to the time for issuance of said definitive bonds, for the years and in aggregate amounts not less than five percent (5%) in excess of sums sufficient to pay the principal and inter- est on all bonds payable from said fund as such principal and in- terest become due, and additional taxes, if needed for said pur- pose, may be levied upon all taxable property in the village, without limitation as to rate or amount; that the holder hereof shall have and may enforce by appropriate proceedings all duties imposed by Chapter 429 upon the village and its officers with reference to the levy and collection of said assessments and taxes and the issuance of said definitive bonds; and that the issuance of this bond did not cause the indebtedness of said village to exceed any constitutional or statutory limitation. IN WITNESS ~HEREOF the Village of Mound, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the signature of its Mayor and Clerk and sealed with its official seal, and the in- terest coupons appurtenant thereto to be executed and authen- ticated by the facsimile signatures of said officers, and has caused this bond to be dated as of October 1, 1961. Mayor (SEAL) Clerk (Form of Coupon) No. $60.00 On the 1st day of April (October), 196 , the Village of Mound, Hennepin County, Minnesota, will pay to bearer from Water Improvement No. 1961, 1-4, Consolidated Sinking Fund Ac- count the sum of SIXTY DOLLARS for interest then due on its Temporary Improvement Bond. for Water Improvement No. 1961, 1-4, Consolidated, dated October 1, 1961, No. . Mayor Clerk 6. The village has offered to furnish to the bond pur- chaser the approving legal opinion of Messrs. Howard, Peterson, LeFevere, Lefler and Haertzen, which opinion is here- by requested. The clerk shall cause a copy of said opinion, complete except as to dating thereof, to be printed on each of the bonds, together with a certificate executed by his facsimile signature in substantially the following form: I hereby certify that, except for dating thereof, -5- the foregoing is a full, true and correct copy of the legal opinion on said bonds on file in my office. Village Clerk Village of Mound, Minnesota At the time of bond delivery, the clerk shall execute a certi- ficate stating that in fact the legal opinion has been delivered to him for filing in his office and adopting the facsimile sig- nature on each of the bonds as his valid signature for purpose of certification. 7. The bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the village by the signatures of the Mayor and Clerk and the corporate seal of the village shall be affixed thereto, and the coupons shall be executed and authenticated by the facsim- ile signatures of said officers. When said bonds have been ex- ecuted and authenticated, they shall be delivered by the Treas- urer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon, and said purchaser shall not be obligated to see to the application thereof. 8. The Village Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other in- formation as he shall require and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register. 9. The officers of the village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial affairs of said village, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and mar- ketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and such certificates, certified copies and affidavits, including any heretofore furnished, shall be deemed representa- tions of the village as to the correctness of all statements contained thereon. The motion for the adoption of the foregoing resolu- tion was seconded by Trustee Orn and upon vote being taken thereon, the following voted in favor thereof: Peterson, Batdorf, Pfeifer, Orn and Larson and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. -6- STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS ) VILLAGE OF MOUND ) I, the undersigned, being the duly qualified and act- ing Clerk of the Village of Mound, Minnesota, hereby certify that I have carefully compared the attached and foregoing ex- tract of minutes of a special meeting of the Village Council of said village held September 26, 1961, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $200,000 Temporary Improvement Bonds ~Or Water Improvement No. 1961, 1-4, Consolidated, of the village. WITNESS My hand officially as such Clerk and the seal of the village this day of October, 1961. (SEAL) Village Clerk Village of Mound, Minnesota -7- theBatd°rfmotion.°ffered the fol!o~.dng resolution and moved, its adopti°n. Roll Call Vote: Batdorf Pfeifer Orn Petersen Larson So carried and resolved. Aye Aye Aye Aye Aye Pfei~ CONTiVl'UANCE (IF PUBLIC '~'Z~'~'] ON I~EZON~,i~ Iots 26 and 27 Lafayette Park Mayor Larson called the Public Hea~inC to o?der. ~er Reed spoke in support of the creation of a Heavy Commercial District. i~'irs. Carl G.tmner Carlson stated she wanted her share of Lot 27 zoned Heavy Commercial. The council was polled on approv2ng paragragh ~2 - results all_ in favor. The c ounc~l was polled on the n~u,~ing of a new zoning classification - the results were all in fa'~or of Commercial Use District B as a name~ The Mayor asked the cournil and the an~ience if there were any objections to hearing The rezoning hearing on Lots 26 and 2'~~ 'fa~a:?ette Park and the rezon~_ng hearing on Lots 113, 114 and 11~ i~lound °ho res~ hearing nor~e he declared that the two hearings be he~,.r~ as one. I~!rs. Lindquist of Orono wants all businesses from Navarre to 3 Po~nts Inn to be cleaned up. l~.lliard Hillier would 1' ke to see corner lots zoned Commercial District, B Arnold Morse wants more houses not bus±ne~ses in this area. kichard Cook and Florence Munger spoke in opposi~ on to all changes. The co~mci~ was polled on the rezoning of the corner lot aS Contmerical District B - No act:i on The hearing notice on Lots !13~ llh and 11~ Mound Shores was declared as adequately nubli shed. The council was polled as to their choice of rezoning of these lots to I~i~!tiple Dwelling the results was all in favor. Batdorf mo~e~'~t.h~ £ollo~ng ordinance. Pfeifer seconded. ORDINANCE NO: 135 An Ordinance Amending Chapter 23, Mound Code of Ordinances," WHEREAS, pursuant to duly advertised notice hearing was had ~ on the proposal to amend Chapter 23, Mound Code of Ordinances Lots 26 and 27 Lafayette Park "Heavy Commercial", and by cres Commercial Use District" establishing conforming uses theref¢ WHEREAS, said hearing was, by motion duly made, seconded and tinued to September 26, 1961 at 8:30 P.M., and hearing recon~ Zoning". ugust 29, 1961, , by rezoning ting a "Heavy r, passed, con- ened, eptember 26, WHEREAS, pursuant to duly advertised notice hearing was had 8 1961 on the proposal to amend Chapter 23, Mound Code of Ordinances, by 43- zoning from Residential A to "Multiple Dwelling" the southerly 1158 feet of the Southeast Quarter of the Northeast Quarter of Sectional4, Township 117, Range 24, except platted portions thereof and rezoning Srom Residential B to "Multiple Dwelling" Lots i13-115 inclusive, Mound Shore~, WHEREAS, said hearing were consolidated, and there being no ¢ to and all parties interested therein given opportunity to be AND WHEREAS, it has been recommended to the Council by the PI mission, and it appears to the Council to be in the best inex public health and welfare, safety, and of the property values erty involved and affected thereby, and it appears to the Co~ lands hereafter designated may be most fully and best used as designated, bjection there- heard, anning Com- 'ests of the of the prop- ,ncil that the hereinafter ORDINANCE NO. 135 AN ORDINANCE AMENDING CHAPTER 23, ~DUND CODE OF ORDINANCES, "ZONING". The Village Council of Mound, Minnesota Ordains: 1. That Chapter 23, Mound Code of Ordinances entitled "i amended by adding thereto Section 23.151 as follows, e That Chapter 23, Mound Code of Ordinances entitled. Section 23.06 be amended by adding thereto subdivis! "e" as follows, to-wit: "(d) The Southerly 1158 feet of the Southeast Qua~ Northeast Quarter of Section 14, Township 117~ except platted portions thereof. "(e) Lots 113-115, incl. Mound Shores. That this ordinance shall be effective from and aft~ and publication according to law. ~oning" be to-wit: "Zoning" .ons "d" and 'ter of the Range 24, r adoption P~ll Call Vote: Batdo rf Pete~rsen Orn Pfeifer Larso~ So carried and moved. Aye Aye Aye ~ye Aye .VILLAGE OF MOUND ORDINANCE NO. AN ORDINANCE GRANTING TO MINNEAPOLIS G COMPANY, ITS SUCCESSORS AND ASSIGNS, T RIGHT TO MANUFACTURE, IMPORT, TRANSPOR SELL AND DISTRIBUTE GAS FOR HEATING, ILLUMINATING AND OTHER PURPOSES IN THE VILTJ~GE OF MOUND AND TO USE THE STREET AVENUES AND ALLEYS THEREOF FOR THAT PU ~S HE r, RPOSE. )) years after )ort, transport, and other pur- :er called the .= extended in the .=ssary facilities ~nt, gas mains, ~y to the manu- the streets, .nicipality, and or customary in ~ever, to the %owever, that in said Village [llage Council of · ble discretion ~"ompany. No such ~uccessors and assigns, for a period of twenty (Z the adoption hereof, the right to manufacture, i~ sell and distribute gas for heating, illuminating )oses within the limits of this Village, hereinaf 'Village", as the same now exist or as they may b future, and for that purpose to establish the nec. and equipment, and to maintain a manufacturing pl service pipes and any other appurtenances necessa facture, sale and distribution of gas in and alon, alleys, avenues and other public places of said m' to do all things which are reasonable, necessary, the aCcomplishment of this objective; subject, ho, further provisions of this franchise. Provided, 0efore the said company shall establish any plant for the manufacture of gas, the approval of the V the location thereof, in the exercise of a reason by said Council, shall be first obtained by said THE VIT.~GE COUNCIL OF THE VILLAGE OF MOUND ORDAINS AS FOLLOWS: Section 1. GRAA3T. OF AUTHORITY. There is hereby granted to Hinneapolis Gas Company, hereinafter called the "~ompany", its plant sha~be constructed or operated in violatic and building ordinances of the Village. Section Z. OBSTRUCTING STREETS. The Comps its privileges hereunder subject at all times to of the Village and shall not unnecessarily or unr the use of or injure any street, avenue, or alley the completion of any construction or repair, res avenues and alleys of the municipality which shal or its agents or employees for the purpose of lay repairing its aforesaid gas mains or service piPe the same order and condition as they were before was made as is reasonably possible, and shall mai keep in good condition for a period of one year a said streets, avenues and alleys disturbed by it provided that the one year period shall be comput of the closing of the excavation; but in case of the one year period has expired, the same shall c stated period after the frost leaves the ground. of any street, alley, park, boulevard, bridge, or place, or any failure properly to fill and mainta excavation, after proper notice demanding removal the case may be, shall be taken care of by the Vi thereof shall be charged against the Company and from any payments due it from the Village. Section 3. PLATS. The Company, prior to t relaying of any mains under this franchise, shall Council a complete plat showing the location, siz -Z- n of the zoning ny shall exercise the police power easonably obstruct and shall, upon · ~ore all streets, 1 be opened by it lng, placing or s to as nearly the excavation ntain, repair and ~1 portions of Dr its agents; sd from the time frost before ~ntinue for the ~ Any obstruction other public [na street after or repair, as llage and the cost nay be deducted ne laying or present to the e and estimated cost of all proposed mains. The Company, before ing any mains, shall obtain approval from the Cou agent, in the exercise of a reasonable discretaio of the Village to insist upon this provision shal waiver thereof. Section 4. DAMAGE CLAIMS. The Company sba keep and hold the Village free and harmless from laying or relay- ~cil, or its ~ by them. Failure ~ not be deemed a indemnify, liability on account of injury or damage to persons or propert~ growing out of the construction, maintenance, repair or operatioD of its property, and in the event that suit shall be brought against the Village, either independently or jointly with the Company,! on account there- of, the Company, upon notice to it by the Village shall defend the Village in any suit, at the cost of the Company; .nd in the event of a final judgment being obtained against the Village, either independently or jointly with the Company, the Co'~pany shall pay such judgement, with all costs, and shall hold th-= Village harmless therefrom. Section 5. STANDARDS OF SERVICE. The Company shall at all times provide and furnish an adequate, safe and c9ntinuous supply of gas to the Village and its inhabitants, subject, however, to the further provisions of this section. The Company sells and distributes straight natural gas throughout its gas distri- bution ~ystem, which is located in the City of Mi ~olis, ~innesota, ~nd a number of suburban communities in the terri- tory adjacent to and near the said city. The gas distri- buted by the Company is furnished by the pipe system owned act on tl~e par~ o! ~ne Com]~any, such suspension shall not Be ~a~[e the of ~ action or pr~eedi~ to te~i~te this f~nchise. ~e q~lity of the ~s sol~ in the Vil~e s~ll Be the same as t~t mo~ to the customers in the City of Section ~. E~IO~ OF ~VI~. The Coa~ a~eee to ~y s~h of its ~ins and pipes as coae ~lthin its require~nt~ for su~n se~ice as s.oon as reaso~b~ possible to do so; provided, the Oo~ ~rees t~t on~ ~e ~ line ~ill be ~id d~ or ~efore ~e ye~ 1~2, and t~t services ~oul~ be ~de a~i~ble i~ediate~ to c~tomere thereon, ~t t~t connections · isco~ection, or alte~tion ~ of these se~ices at the t~e of se~er ins~l~tion ~ill be done at the Com~'s e~ense. All other ~s ~ina ~ill be ins~lled ~on request of the Vil~e Co~cil. ~ Co~cil of the Vil~ge s~ll ~ve the right to ~ such reaso~ble ~les and re~tions as ~y be necessa~ to praise adeq~te and ~roper ss~ics. Section 7. ~S. The Co~ ~rees for ~d in be~lf of itseM, its lessees, successors a~ ass~ns t~t all authority a~ ri~ts in this or~i~nce contain~ s~ll at alltimes Be subject to all right, po~er, and authority no~, or he.after, ~ossessed by said Vil~e a~ a~ other ~tory tri~l ~vi~ J~isdiction thereon to ~te, fix and control Just, reaso~ble and co~ensato~ gas rates, except as herei~ter limited. ~e Co~ agrees for and in Be~ of itse~, its lessees, successors and assize, and ~e Vil~ge agrees t~t the entire aub~n ar~ adjacent to near the City of ~i~eapolis, ~hich inclose the Vil~gs of ~o~t~, s~ll as a sidle zone, for ~te-~ki~ pu~oses, and the rates ~ithin the Vil~e of 1~o~ for residential, co~ercial and ind~trial ~es on bo~ a fire a~ inter~ptib~e ~sis s~ll be the s~e as in effect~in the whole of the subur~n Section 8. ACC~INO ~S. The Com~ ~ees to file ~ith the Vill~e Clerk, on or before J~y 1 of each year, a copy of i~ ~1 report to its sec~ity holders for the precedi~ calend~ year, together ~ith a ~nce sheet and income statement . . . ............ of the suburban division and a balance sheet and income statement for the Village of Mound on an allocated basis. Section 9. FORFEITURE. If the Company shall be in default in the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Village of such default, the Village Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the Company. The said notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of the State of Minnesota for the service of original notices in civil actions. The reason- ableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by the United States District Court for the District of Minnesota, Fourth Division. Section 10. NON-EXCLUSIVE. The rights and privileges hereby granted are not exclusive, and the Village expressly reserves the right to grant rights and privileges to other persons or corporation. Section 11. CHANGE OF GOVERNMENT. Any change of the form of government of the Village into a city or otherwise as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation succeeding the Village shall, without the consent of the Company, succeed to all the rights and obligations of the Village provided in this franchise. -6- Section 12. ACCEPTANCE. The Company shall, within thirty (30) days after the passage and publication of this ordinance, file with the Village Clerk its acceptance of the same in writing, signed by its proper officers and attested b~ its corporate seal. Section 13. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Adopted this day of , 1961. ATTEST: Mayor Village Clerk (SEAL) -7- ST P~ET LIGHT Batdorf moved and Pfeifer seconded, a motion. BE IT MOVED, the Northern States Power Company be authorized t( of 6~OOO lumen on Lane 7 and the Commons on Harrison The vote was unar~imously in favor, bo carried. Dr. Byron Petersea offered the following resolution and moved Del Pfeifer seconded the motion. WHEREA~ the Village Council finds that there are sufficient the paymen~ of November interest and Ma~ interest, and of at leas~ three Municipal Building P~venue Bonds, of ( .L~Emer St~re Revenue Bonds), and ~' it is necessary amd expedient for the saving of inter ma~y of such bonds be recalled as can be on the No~embe: NOW ~E~ORE BE IT RESOLVED BY THE VILEAGE COUNCIL OF THE VI ~hat Island Park Munioipal Building Revenue Bonds numbe be redeeme~ on the November 1st interest payment da~e$ written notice therefore be given. Roll Call Vote I Gordon Bat~orf A Del Pfeife~ A Howard Orn A -~r. Byron Petersen A H. B. R. Lareon ~ So carried and r~solved. PL&NNING COMfiMISSIO~ Batdorf moved and BE IT MOVFD BY THE 1. ~bat pe~ k~ipple Shot cottage for 2. That th~ and further, ~ssigns of tl The vote was unan~ EEC O~ENDAT ION rn seconded a motion. VILLAGE CO~CIL OF THE VILLAGE OF MOUND ission be granted to Robert Schwebel to main s in addition to a residence to be built ther ccasional, brief, intermitten use; Village Manager advise said spplicant of the dvise said applicant to advise any propectiw e property of limitation imposed upon such u ous~z in favor. So carried. put a street light its adoption. rods availabla for ~or the retirement :s land Park, ~st thereon that as ls~ call date, LAGE OF MOUND 96, 94 md that the necessary ain upon Lot ~on, a guest action ta~:en herein purchasors or SA~ O!:~ PU~P AND TANK Petersen moved and Batdorf seconded a motion. BE IT MO~ED, the Village ooncll of the Village of Mo~md authorize the Village "'ana.~er to sell the pump and tank formerly used for water in the building in front of the Island Park Liquor Store and now used as office quarters for the Street and Water Department. The vote was tmanimously in favor so carried. Batdorf offered the following resolution and. moved its adoption. the motiono BE IT RESOLVED the Tax levy for the 1962 Budg.?t be as follows: Orn seconded iRoll Call Vote Batdorf Pfeifer Petersen Oma Larson So carried and resolved. Aye Aye ~ye aye Aye Fire ~eti~f Park " $69,572 1,290 5,5oo 3,780 3,853 1,89o 560 87,045 PERA Poor 2 Welfare Audit Civil )efense Debt S ,trice: Moun~ No. 1 Fi~ e Hal! Bonds 3,000 St~ 'eet Lights #17 2,100 Fil ~ Truck 2~420 Mound No~ 2 S~zies B War rants PEi & 900 4,020 71o 36.81 1.00 3.00 2.00 2.10 1.00 -3___!o 46.21 2.20 1 1.71 1.90 9.64 !.68 13.22 $70,5()0 1,91~3 3,8116 8,5I)0 89,9] ~9 3,0C0 1,8C0 7,22~ 80 4,02 36.28 1.00 2.38 2.00 4.37 .24 46.27 2.03 1.23 1.63 1 ~69 8.49 1.5o 2428 RESOLUTION. p ~R BOND LEVY Batdorf offere¢ the follow ng resolutionmd moved its adopt the motion. , BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAOE OF MOU heretofo~ made for P.I.R. Bonds by the Village of Mou discontinued and no further levy be made for P.I.R. B, mda. [on. Orn seconded ~D, the lev7 ~d be hereby Roll Call Vote l1 Gordon Batdorf Del Pfeifer Howard Orn Byron Petersen H. B. R. Larson So carried and resolvede Aye Aye ATe Aye Aye MOSQUITO ABAT~T AND COI~TY PAPJ( Ba~dorf offered the following resolution and ~mved its adoption. Orn seconded the motion. BE IT P~SOLVED BY_ THE VILLAGE CO~.~!CIL OF THE VILIAGE 0w MOUND~ 6o levy has be~n made for Mosquit° Abatement or Count~ Park Syste~ such l~vies to be m~e be the County Auditor. Roll Call Vote: Batdorf Orn Petersen Pfeifer La rs on So carried and resolved. Aye Aye Aye Aye 2424 Batdo'rf moved and Orn seconded a motion to adjourn until the meeting o'f OCt. 10~ 1961 at the Mo~md Fire Station - 8:00 P.M. The vote ~s unanimously in factor so carried smd adjourned. Mayor ON LAKE: MINNETONKA MOUND, MINNESOTA Barbara Heyman Village of Mound Mound ~ Minnesota Sept. 30, 1961 I, H. Bo R. Larson, Nayor of the Village of Mound hereby call a special meeting of the Village Cmmcil to be held at the Mound Village Office, October 2, 1961 at 1:00 P.M. Mf~~on EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF MOUND HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a soec±al meeting of the Village Council of the Village of Mou~d, Minne- sota, was duly held at the Village Hall in said vill~,ge on T~ ~ .... the day of ~uesda~'~ ? ' ~ OctOber , 1961, tt one o'clock ?~ . N., Central Standard Time. The following members were present: Mayor H. ~. R. Larson Trustees Gordon Batdorf Dr. Byron Petersen and the following were absent: Trustees Del Pfeifer Howard Orn The Clerk reported that the engineer had advised that $25,000 additional money would be required to financ~ Water Im- provement No. 1961-5 and that T. G. Evensen & Associaites, Inc. stated that the purchaser of the $200,000 Temporary I~provement Bonds would purchase an additional $25,000 Temporary !Improvement Bonds at the same interest rate and terms and that th~ bond at- torneys were willing to approve Temporary Improvement. Bonds in the total amount of $225,000 without another public s~le. Thereupon Member Dr. By~n Petersen introduced the following resolution and moved its adoption: A RESOLUTION PROVIDING FOR TBE ISSUANCE OF $25,000 TEMPORARY IMPROVEMENT BONDS AND AMENDING A RESOLUTION DIRECTING IS- SUANCE AND SALE OF TEMPORARY IMPROVEMENT BONDS ADOPTED ON SEPTEMBER 26, 1961 / BE IT RESOLVED by the Village Council, Village of MOund, Minnesota, as follows: -1- 1. It is hereby determined that it is necessa~ pedient that the Village of Mound issue an~ $25,000 Temporary Improvement Bonds bearing date Octc 1961, bearing interest at the rate of two and forty ] percent (2.40%) per annum, payable semiannually, and October 1, 1963, in order to provide necessary funds for Water Improvement No. 1961-5. 'y and ex- ! sell ~ber 1, ~undredths maturing to pay 2. The offer of First National Bank of Minneal First National Bank of Saint Paul to purch,' bonds at a price of par and accrued interest and a p~ $30 is hereby accepted. The said Water Improvement 1 is hereby consolidated with Water Improvement No. 19~ Consolidated, under the name Water Improvement No. 11 Consolidated, and the resolution adopted on Septembe~ entitled, "Resolution Directing the Issuance and Sal, porary Improvement Bonds in Accordance with Section , Minnesota Statutes, Subdivision 3", is hereby amendet form to this resolution and to provide that the bond~ authorized shall be in total principal amount of $221 shall be numbered 1 to 45, both inclusive. The motion for the adoption of the foregoi: tion was seconded by Member Gordon Batdorf and upon ~olis and Lse said ,emium of ~o. 1961-5 31, 1-4, 761, 1-5, 26, 1961, of Tem- 29.091, to con- therein ,000 and resolu- being taken thereon, the following voted in favor thereof: Mawr H. ~. H. Larson, Trustees, Gordon B~tdorfand Dr. By~n Petersen and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -2-