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HomeMy WebLinkAbout1953/07/06 - ADMIN - Minutes - City Council - Regular 352 July 6, 1953 REGULAR MEETING JULY 6. 1953 A regular meeting of the Village Council was called to order by Mayor C. L. Hurd at 8:13 P. M. The following Council Members were present at roll call: Trustee Bolmgren Trustee Jorvig Trustee Middleton Clerk Justad Mayor Hurd Verified Claims On motion of Trustee Middleton, seconded by Trustee Bo]mgren, the follow- ing verified claims were approved, and the Mayor and Clerk were authorized to issue warrants covering same, by the following roll call vote: Trustee Bolmgren, yea; Trustee Jorvig, yea; Trustee Middleton, yea; Clerk Justad, yea; Mayor Hurd, Srea. Aaron Anderson 180.26 ' Art Abrams 88.48 Vernon Anderson 169.15 Warren Bartels 166.65 to 13.80 Terry Bartholome 90.00 Stanley Bercu 151.80 A. Jean Berkwitz 90.00 Bob Blumberg 97.20 Earl Bohm 250.00 Dick Bracher 90.00 Rollin P. Briggs 178.20 J. Brockman 176.38 Joseph Buchl 20.70 Arthur Buelow 161.65 Leo Burns 182.85 W. Bushway 358.54 Betty Caldwell 80.00 Henry B. Carlson 169.15 Dorothy Chase 90.00 B. F. Cihoski 217.69 J6hn Connery 230.04 R. B. Connery 349.62 Thomas R. Connery 193.20 Norman Crosby 151.80 James R. Dahl 174.65 H. E. Dahlen 182.68 Elsie Dahlstrom 110.15 Roberta Dahlstrom 72.00 Marjorie Dale 110.15 Noel De Cambaliza 90.00 Al Donahue 277.40 D. Edwards 208.12 Hartwig Endres 153.65 N. H. Epstein 43.99 Charles Farmer 393.32 E. Ferch 214.78 Alfred Formo 151.80 Ellsworth Frank 193.39 Irwin Freeland 174.65 Donald Freiborg 216.11 Herman Freiborg 235.91 Le Roy Freiborg 90.00 Donald Galloway 173.40 George Gibson 191.15 Ed Gilbert 186.15 11 if 94.80 Henry Girard 190.35 Donald Glassing 174.65 Pat Gleeson 97.20 if It 78.49 Catherine Goodsell 20.00 William D. Graves 90.00 Mary Etta Green 110.15 James R. Gronseth, Jr. 250.00 Gloria Haberl 97.20 Howard Hallgren 222.28 Joan Hancock 87.75 G Alpha Hansen 72.50 George Haun 123.52 Charles Haynes 151.80 Truman Hedwall 174.65 Esther Helmer 63.11 Gerald Hines 161.65 Carl Iverson 174.65 Nancy Janes 46.00 Juanita Jenner 54.00 B. Jensen 224.56 Warren Jeppesen 90.00 Charles Jesten 94.38 Susan Jobes 97.20 Alvera Johnson 123.65 Clyde Johnson 174.65 J. 0. Johnson 179.72 K. Johnson 395.64 L. M. Johnson 191.15 Lois Ann Johnson 54.00 Thelma Johnson 98.65 C. W. Jones 173.80 Earl Jones 230.53 Walter Jungblut 190.80 Joseph Justad 271.15 Maynard Kays 230.93 Jacque Kobs 51.00 A. Korbel 162.80 Kenneth Kinstler 90.00 Merle E. Klumpner 161.65 Dickman Knutson 97.20 George A. Krueger 133.69 Renaldo Lares 150.00 Ralph H. Larson 187.00 Sandra Larson 54.00 Vernice Larson 124.59 R. Lea 209.83 C. Lindgren 139.73 Aldora Loe 90.00 E. R. Ludwig 75.00 G. Mack 214.65 Carlisle Madsen 196.56 Walter Mark 132.00 Vance Marfell 178.20 M. C. Mattheisen 108.75 Barbara Mattill 97.20 Mildred Melbourne 123.65 Eugene Mc Gary 166.65 0. R. Mc Gary 162.41 Omar Mc Gary 174.65 Sally Mc Lauth 97.20 July 6, 1953 353 Verified Claims, Continued L. Mc Nellis 225.28 Bob Mc Queen 65.48 Carl Miller 231.00 Mary Miller 114.65 Ruth Mollet 90.00 Peter J. Mueller 161.65 Willard Murphy 166.65 Andy Nelson 221.15 R. Nordstrom 246.54 Margaret Nuss 102.60 H. Nygaard 187.78 Donald Olson 180.26 Lewis W. Olson 16.39 E. Omestad 200.96 Wilbur H. Ostlund 169.15 Dorothy Owens 110.15 Shirley Owens 72.00 Ellida Parchem 140.15 Ray Payne 90.00 Lawrence Pearson 103.50 P. P. Persyk 216.49 A. Peterson 214.78 Richard Pollock 161.65 Angie Porter 68.85 Donna Prentice 74.80 R. Pykal 185.48 Odin Quady, Jr. 138.00 Ethel Reed 110.15 W. Reid 222.24 Wm. A. Reiners 151.80 Gertrude Renner 144.65 C. F. Rihl 384.71 Eloise Rude 110.15 J. Sadileck 199.74 Kurt Scheibe 191.15 Marvin Segal 90.00 Donald Senander 165.58 F. J. Senander 191.15 Richard Senander 214.65 Gilbert M. Senst 240.40 F. Sewall 181.56 Richard Shinn 173.80 Marjorie Schreiber 97.20 Philip W. Smith 333.65 Clyde Sorensen 174.65 Donald Sorensen 205.81 Robert Sorensen 174.65 Robert Standal 174.65 Glenn S. Stenberg 169.15 Peter Stienstra 221.15 Fred A. Stimson 173.80 Nancy Stoessel 51.00 G. Ten Eyck 217.44 Le Roy Thies 189.45 Thomas Thies 181.56 Kathleen Thompson 97.20 Betty Tiedemann 103.65 Pat Tiedemann 72.00 Vernon Tollefsrud 184.14 Lillian Turgeon 98.13 Ted Tyler 71.55 Richard Uppgaard 151.80 G. Vita 277.68 Donald Voss 151.80 Ira M. Vraalstad 221.15 Ed Werner 32.40 J. A. Werner 221.15 Dan Whalen 169.15 E. Whipps 234.37 C. M. Williams 221.15 Edward Williams 218.66 Frederick Williams 154.39 Lois-Williams 35.62 Sharon Wolfe 90.00 Martha Wylie 110.15 Anton Yngve 27.00 James Zalusky 238.92 Burt Zila 287.55 R. Zoesch 36.66 American Asbestos Products 78.00 American Cast Iron Pipe Co. 90.60 American-La France-Foamite 1,422.53 Associated Lithographers 53.50 A. B. Bjornson 7.35 B. & B. Seat Cover Co. 17.00 -,: Boyer-Gilfillan Motor Co. 26.99 Cambridge Brick Company 109.79 it " it if 76.35 City Treasurer, Minneapolis 39.91 it " it If 56.15 R. E. Dahlen 55.00 if " if It 27.27 Delegaard Tool Co. 8.90 Alfred Formo 39.69 Fowler Electric Company 18.55 General Electric Company 36.30 Ed Gilbert 67.27 it if It 109.08 Goodin Company 46.92 Goodwin Joss Laboratories 12.00 11 " 20.96 Grinnell Company 42.60 Hennepin-Lake Stationers 182.85 If If 143.16 if - It it 3.40 Hobart Bros. Sales & Service 10.79 if if it 14.35 Hypro Engineering Co. 12.50 Industrial Lighting Supply 21.00 L. Ray Johnson and Edith Johnson, Maynard Kays 23.31 Me 33.04 Landers-Norblom-Christenson 42.22 Merrihill Kennels 921.75 Lee-Bo Office Supply Co. 2.85 Lyle Signs, Inc. 53.40 it if " If 2.85 Walter Mack 23.45 if 12.50 Wm. 'H. Mc Coy 325.91 it 2.45 if tt tt 376.98 it 11 12.95 Midway Tractor & Eqpt. Co. 23.00 Miller-Davis Company 2.75 The Minar Company 6.00 It if tt 1.20 Minneapolis Iron Store 16.48 it ". It 98.00 It " it 15.75 Minnesota Toro 62.50 if if " 5.29 Motzko Plumbing 6.25 It if n 18.75 If if 1.80 Panama Carbon Company 35.51 John W. Palmer 247.50 Phelps-Drake Company, Inc. 10,093.24 Pockrandt Lumber & Fuel Co. 44.16 Gertrude Renner 10.22 if " if tt 47.00 Max Renner Well Co. 18.00 Rochester Germicide Co. . 30.50 354 July 6, 1953 Verified Claims, Continued Rosholt Equipment Co. 12.36 Service Eqpt. Mfg. Co. 16.65 it 11 !' 14.40 Service Parts Company 2.50 Shursen Insurance Agency 45.92 St. Louis Park Constructors, SLP Sewer Department 10.00 18,969.45 State Treasurer, State of Minn. 75.00 " " " " 33001.30 Peter Stienstra 38.01 Suburban Chevrolet Co. 26.64 Helen L. Bradley, DBA Suburban " " " 2.40 Sanitary Drayage Co. 7,956.15 '! If !' .59 Terry Bros., Inc. 540.75 " !' " 37.48 if it 11 10.20 The Todd Company 151.92 Vil. of SLP Sp. Assmt. Dept. 118,229.59 Wallace & Tiernan Co. 32.30 West Disinfecting Co. 13.75 Western Underground Const. Co. 8,460.05 Hearing on Proposed Street Grading Separate hearings were had on grading' Improvements #53-97 and #53-98. No persons appeared. Resolution On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members of the Council: RESOLUTION ORDERING STREET GRADING WHEREAS the Village Council has met -at the time and place specified in the notice published in the St. Louis Park Dispatch June 25th and July 2nd, 1953, relating to the following described improvements, and has heard all interested persons appearing at said meeting: NOW, THEREFORE, be is resolved by the Village Council of the Village of St. Louis Park that the following street and alley grading improvements be hereby ordered in accordance with plans and specifications which have been prepared by the'Village Engineer and which are hereby approved together with the Engineer's estimate of cost and proposed area for assessment as stated in said notice, said proceedings to be under Chapter 398, Laws of 1953. The Clerk is directed to-advertise for bids to be opened July 27, 1953• The improvements above referred to are as follows: Improvement-No. 53-97 West 34T Street from Texas Avenue to Wyoming Avenue Wyoming Avenue from 342 Street to West 34th Street Improvement No. 53-98 Alley in Block 4, Boulevard Heights. Licenses On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following applications for 1953 licenses were approved, and the Mayor and Clerk were author- ized to issue licenses to expire December 31, 1953, by unanimous vote of all Members of the Council present: Lilac Super Market, Inc. 3.2 Beer Off-Sale if 11 If if Cigarette it If it It Milk Retail Reuben L. Anderson, Inc. Heating 11 if 11 " Plumbing it It " It Gas'Connections Gas Heat Engineering Company Bonds On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following bonds were approved by unanimous vote of all Members of the Council present: HEATING LICENSE BOND with Reuben L. Anderson, Inc. as principal, and United States Guarantee Company as surety, effective June 29, 1953, to expire December 31, 1953, in the amount of $I,000.00. PLUMBING LICENSE BOND with Reuben L. Anderson, Inc. as principal, and United States Guarantee Company as surety, effective June 29, 1953, to expire June 29, 1954, in the amount of $4,000.00. July 6, 1953 355 Bonds, Continued GAS INSTALLATION BOND with Reuben L. Anderson, Inc. as principal, and Federal Insurance Company as surety, effective July 3, 1953 to expire December 31, 1953, in the amount of $1,000,00. GAS INSTALLATION BOND with Francis J. Fox, DBA Gas Heat Engineering Company as principal, and United States Fidelity and Guaranty Company as surety, effective June 302 1953 to expire December 31, 1953, in the amount of $1,000.00. Planning Commission's Report on- Reconsideration of Request For Advertising Sign - Western Outdoor Adv. Co. Planning Commission's report dated July 1, 1953, on their reconsideration of request of Western Outdoor Advertising Company to erect a billboard at 5600 West Lake Street, was read. Permit for Advertising Sign Approved - Western Outdoor Advertising Co. On motion of Trustee Middleton, seconded by Trustee Jorvig, the request of Western Outdoor Advertising Company for a permit to erect-a billboard for Western Oil and Fuel Company at the Mileage Service Station, 5600 West Lake Street, was approved with the understanding that same will be located on the south side of the gas station parallel with the rear of the building, and that it will not be larger than 10 ft. by 18 ft., and it will advertise the products of the Western Oil Company, which will be sold at said gas station. Motion was passed by vote of four Members of the Council. Trustee Bolmgren abet voting//O . t F r Planning Commission's Request to Erect Advertising Sign - Western Outdoor Planning Commission's report dated July 1, 1953, on the request of Western Outdoor Advertising Company for permit to erect an advertising sign at 6910 West Lake Street, adjoining the Reiss Liquor Store, was read. Permit for Advertising Sign Approved On motion of Trustee Middleton, seconded by Trustee Jorvig, the request of Western Outdoor Advertising Company for a permit to erect an advertising sign at 6910 West Lake Street was approved by unanimous vote of all Members of the Council present; Planning Commission's Report on Proposed Plat of Batts' Addition Planning Commission's report, dated July 1, 1953, on proposed plat of Batts' Addition, adjacent to Texas Avenue between 34z Street and 35th Street, was read. Proposed Plat of Batts' Addition Approved On motion of Trustee Jorvig, seconded by Trustee Middleton, the proposed plat of Batts' Addition was approved by unanimous vote of all Members of the Council present. Planning Commission's Report on Request for Rezoning - Max Grossman & H. J. Aretz Planning C'ommission's report dated July 1, 1953, on the request of Max Grossman, for the rezoning of Lots 5, 6, 7, Block 5, Minikanda Vista Second Addition; also the request of H. J. Aretz for the rezoning of Lot 11, Block 4, same addition, from Residential Use to Commercial Use, was read. Hearing Date Set for Rezoning On motion of Trustee Bolmgren, seconded by Trustee Jorvig, July 27, 1953 was set as date of hearing on the request of Max Grossman for the rezoning of Lots 5, 61 7, Block 5, Minikanda Vista Second Addition; also on the request of H. J. Aretz for the rezoning of Lot 11, Block 4, same addition, from Residential Use to Commercial Use, by unanimous vote-of all Members of the Council. Planning Commission's Report on Request for Permit for Light Industrial Building Planning Commission's report on the application of Jerry Holt for a permit to erect a light industrial building on Lots 32 thru 38, Block 196, Rearrangement of St. Louis Park (3301 thru 3315 Republic Avenue), was read. Building Permit for Light Industrial Building Approved - Jerry Holt 'As recommended by the Planning Commission,- it was moved by Trustee Bolmgren, seconded by Trustee Middleton, the application of Jerry Holt for a permit to erect a light industrial building on Lots 32 thru 38, Block 196, Rearrangement of St. Louis Park was approved, and the Building'Inspector was authorized to issue same, by unanimous vote of all Members of the Council. 356 July 6, 1953 Planning Commission's Report on Request for Permit to Build Commercial Building Planning Commission's report dated July 1, 1953, on the request of Morten Arneson for a permit to build a commcerial building to be used for retail �+ purposes, 14,900 sq. ft., on his property located at 4951 Excelsior Boulevard, was read. Spaela4 Permit to Build Commercial Building - Morten Arneson As recommended by the Planning Commission, it was moved by Trustee Bolmgren, seconded by Trustee Middleton, that a epes3,a1 permit be issued to Morten Arneson to build a commercial building op his property at 4951 Excelsior Boulevard, better known as the land adjacent to Quentin Avenue on the east and Excelsior Boulevard on the north, subject to approval of plans by the Building Department, and subject to the dedication of easterly 20 ft. of Arneson properly for street purposes, by unanimous vote of all Members of the Council. Request to Set Aside Property for Park Purposes - Planning Commission Inter-office Memo from the Planriing Commission, dated July 1, 1953, request- ing the Village Council to set aside for park purposes, property located north of 25th Street and west of Joppa Avenue, in prospective new development by Douglas.Rees and Associates known as Wiedman property, was read. On motion of Trustee Bolmgren, seconded by Trustee Middleton, the above matter was referred to the Park Board for legal description of property and use it is to be put to, by unanimous vote of all Members of the Council present. Invitation to Meet with Planning Commission and Planning Engineer Inter-Office Memo, dated July 1, 1953, from the Planning Commission, inviting the Members of the Village Council and the Village Engineer to meet with them at the Village Hall, July 7, 1953 at 7:30 PM, as Mr. Law, Planning Engineer with Morell & Nichols will be at the meeting to present his•views on planning for the north side of St. Louis Park, was read. _Report - St. Louis Park Police Civil Service Commission Report of St. Louis Park Civil Service Commission, dated July 1, 1953, on the examination for patrolman given June 17, 1953, determining the eligibility of the following applicants for same, was read and ordered filed: 1. David Schaefer 2. Robert Smetak 3. John Parker 4. Stanley Currie 5. Sherman Aplin 6. Donald Galloway 7. Edward Thompson. David Schaefer Certified as Police Officer On motion of Trustee Jorvig, seconded by Trustee Middleton, David Schaefer was certified as Police Officer, subject to his passing a physical examination, by unanimous vote of all Members of the Council. Partial Payments on Contract Work On motion of Trustee Middleton, seconded by Trustee Bolmgren, the following partial payments on contract work in progress, presented by Village Engineer, Phil W. Smith, were approved, and the Mayor and Clerk were authorized to issue warrants covering same, by unanimous vote of all Members of the Council: Partial Payment #5 SANITARY SEATER - 52-429 Contractor - Western Underground Construction Co. Contract Date - October 3, 1952 Contract Price - $62,548.30 AMOUNT PAYMENT #5 - - - - - - - - - $8,460.05 Partial Payment #1 SANITARY SEWER - 53-51 THRU 53-55 Contractor - Phelps-Drake Company, Inc. Contract Date May 25, 1953 Contract Price - $28,904.90 AMOUNT PAYMENT #1 - - - - - - - - - $10,093.24 Partial Payment #6 SANITARY SEWER - 52-308 Contractor - St. Louis Park Constructors Contract Date - October 6, 1952 Contract Price - $181,247.00 AMOUNT PAYMENT #6 - - - - - - - - - $18,969.45 July 6, 1953 357 Partial Payments, Continued Partial Payment #8 SANITARY SEWER - 52-301 THRU 52-307 Contractor - St. Louis Park Constructors Contract Date - October 6, 1952 Contract Price - $344,820.00 AMOUNT PAYMENT #8 - - - - - - - - $332301.30 Application for Commercial Electric Service for Lift Station On motion of Trustee Bolmgren, seconded by Trustee Middleton, the Mayor and Clerk were authorized to sign APPLICATION FOR COMNERCIAL ELECTRIC SERVICE to power Sewer Lift Station located at the SW Corner of West 36th Street and Natchez Avenue, by unanimous vote of all Members of the Council. Resolution On motion of Trustee Middleton, seconded by Trustee Bolmgren, the following resolution was adopted by unanimous vote of all Members of the Council: RESOLUTION CANCELING 51-205 SANITARY SEWER #500 ASSESSMENT WHEREAS it appears that by resolution of the Village Council adopted Sep- tember 15, 1952, levying assessments for 51-205 Sanitary Sewer #500, the following lot was assessed, and WHEREAS said lot is now State Highway property, therefore BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the assessment for years 1954 thru 1962 heretofore levied against the following lot be canceled, and that the Auditor and the Treasurer of Hennepin County be hereby authorized to cancel the same upon their respective records: AMOUNTS TO BE CANCELED LOT BLOCK ADDITION 22 2 Calhoun Lakeside Park TOTAL 1954 1955 1956 1957 1958 1959 1960 1961 1962 1953 240.00 32.64 31.68 30.72 29.76 28.80 27.84 26.88 25.92 24.96 32.40 Gas Main Extension On motion of Trustee Bolmgren, seconded by Trustee Middleton the following gas main extension was approved by unanimous vote of all Members of the Council: #244 In Independence Avenue from 619' N. N. . Line of Minnetonka Boulevard to Lot 34, Block 3. Petitions for Street Improvements On motion of Trustee Bolmgren, seconded by Trustee.Middleton, the following petitions were referred to the Village Engineer, Chairman of the Street Department Committee and Special Assessment Department, for checking and recommendation, by unanimous vote of all Members of the Council: P-1316 PETITION FOR GRADING, signed by Fred B. Johnson and others, dated July 2, 1953, for the, grading of HAMPSHIRE AVENUE FROM 16TH STREET TO 150' NORTH. l P-1317 PETITION FOR CURB AND GUTTER, signed by Henry B. Goldstein, 2561 Lynn Avenue and others, dated July 6, 1953, for the construction of curb and gutter , on the EAST SIDE OF LYNN AVENUE FROM 25TH STREET TO 26TH STREET. Letters - Re: Certification of Sewage Workers - Minn. Dept. of Health Letters from Minnesota Department of Health, dated June 25, 1953, stating that Ira Vraalstad, Maynard Kays and Oscar E. Erlanson, have fulfilled the require- ments of the Examining Committee for certification as Sewage Works Operators, was read and ordered filed. Purchase of Street Sweeper The request of Street Commissioner, K. Johnson, dated July 6, 1953, that a new street sweeper be purchased at this time, was read and referred to Trustee Middleton, Chairman of the Street Department Committee for checking and recommenda- tion. 358 July 6, 1953 Conveyance of Lots 7 and 8. Home Addition for Park Purposes On motion of Trustee Jorvig, seconded by Trustee Middleton, the Mayor , and Clerk were authorized to issue check to State Treasurer, State of Minnesota in payment of expense for the transfer and conveyance by Quit Claim Deed to the Village of St. Louis Park by the State of.Minnesota for park purposes, Lots 7 and 8, Home Addition to St. Louis Park, Minnesota as per agreement in letter from State Highway Department, dated July 9, 1951, regarding Gravel Pit No. 2638, by unanimous vote of all Members of the Council present. Acquire Property for Street Purposes The Village Engineer reported that it would be necessary in grading West 29th Street from Texas Avenue to Pennsylvania Avenue, and Pennsylvania Avenue from 29th Street to 28th Street, to acquire the following described property for street purposes: The south 25 feet of the east 158 feet of the north half (N2), and the east 30 feet of the south 225.3 feet of the north half (N2) of the SES of the SWdr of Section 8, Twp. 117, Range 21. On motion of Trustee Jorvig, seconded by Trustee Middleton, the Village Attorney was instructed to secure the above described property for street purposes by purchase or condemnation, by unanimous vote of all Members of the Council. Request for Extension of Leave of Absence - Ted T Gardner Letter from Ted T. Gardner, dated June 30, 1953, requesting an extension of his absence from Village Employment for an additional 90 days, was read. No action was taken on this request due to the fact that we have on file a copy of a notarized statement signed by Mr. Gardner which reads that on December 31, 1952 he ceased to be a public employee, and to the best of his knowledge and belief he would not again be employed by any Department or Agency of the various Counties, Cities, School Districts, and Villages in the State of Minnesota, and the Village Clerk was instructed to so inform him. Advertise for Bids for Heating Unit for Village Hall On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the Clerk was instructed to advertise for bids for the purchase and installation of a dual fuel burning unit, and one 1,500 gallon storage oil tank for the Village Hall; bids to be opened August 4, 1953,_ by unanimous vote of all Members of the Council. Letter Re: Repairing Damages to Property -.W. A. Tillmans . Letter from Walter A. Tillmans, 6000 Minnetonka Boulevard, dated June 30, 1953, concerning the amount allowed by the Village for repairing damages to his property at the time the new sidewalk was put in, was read. He stated that the Village Engineering Department had figured on the damages to only one lot in the amount of $20.00, rather than the two lots he owns, the actual amount of which cost him $47.00. On motion of Trustee Bolmgren, seconded by Trustee Middleton, the claim of W. A. Tillmans for damages to his property, occurring at the time the sidewalk was put in, in the amount of $47.00 was approved by unanimous vote of all Members of the Council present. Letter Re: Drainage Water - Mr. and Mrs. Guy E. Newall Letter from Mr. and Mrs. Guy E. Newall, 2609 Xenwood Avenue, dated June 302 1953, requesting that something be done about the water which accumulates on their property due to the natural drain being closed off, was read. On motion of Trustee Bolmgren; seconded by Trustee Middleton, the above matter was referred to the Village Attorney for reply, by unanimous vote of all Members of the Council present. Building Inspector's Report for June, 1953 The building inspector's report for the month of June, 1953, showing a total of 113 building permits issued, totaling.$756,920.00, was read and ordered filed. Fire Departments Report of Fires for June. 1953 The fire department's report of fires for the month of June, 1953, was read and ordered filed. Justice of Peace Report of Fines - Yngve Justice of Peace Anton Yngve's report of fines dated July 1, 1953, was read and ordered filed. July 6, 1953 359 Request to Cancel Old Jobs - Village Assessor Request from R. B. Connery, Village Assessor, dated July 6, 1953, that the Village Council cancel the following jobs upon which hearings were had and work ordered, but upon which nothing has been done, was read. FOLLOWING JOBS ORDERED, BUT NOTHING FURTHER DONE JOB NO. KIND LOCATION DATE ORDERED P-132 Tar Mat Alley, Block 3, Brookview Park 6-12-50 P-140 It " Alley, Block 2, Lenox it 52-18 Stabl Base Brookview Dr. - Lake St. to Edgebrook 5-12-52 Drive 52-20 Stab. Base Rhode Island-South St. to MN&S Ry. " 52-19 " it Rhode Island-Lake St. to South St. " 52-21 " it Taft Ave. - Laky St, to North St. " 52-22 " it Taft Ave. - Lake St. to South St. " 52-23 " it Lake St. - Brookview Dr. to Woodland Dr. " 52-24 " if Lake St. - Woodland Dr. to Rhode Island " 52-25 " to Lake St. - Rhode Island to Penna. " 52-26 " " Lake St. - Penna. to Taft " 52-27 Quebec Ave. - Lake St. to S Serv. Dr. Highway No. 7 " 52-32 " " Penna. - Walker to N Serv. Dr. Hghwy 7 " 52-33 " " Oregon - Walker to N Serv. Dr. Hghwy 7 " 52-34 " " Walker-Sumter to Rhode Island " 52-35 " " Walker - Rhode Island to Quebec " 52-36 " " Walker - Quebec to Pennsylvania 52-37 " " Walker - Pennsylvania to Oregon " 52-38 " " Walker - ,Oregon to lst St. NW " 52-49 " " Wyoming - 36th to 35th Street " 52-51 " " Virginia - 35th to 36th Street " 52-52 " " Utah Ave. - 33rd to 34th Street " 52-55 " '! 36th Street - Wyoming to Virginia " 52-56 " " 36th Street - Virginia to Texas " 52-57 !' 33rd Street - Aquila to Zealand " 52-58 '-' " 33rd Street - Zealand to Yukon " 52-59 " " 33rd Street_- Yukon to Xylon " 52-60 !' " 33rd Street - Xylon to Wyoming " 52-61 " " 33rd Street - Wyoming to Virginia " 52-62 " " 33rd Street - Virginia to Utah " 52-63 " " 33rd Street - Utah to Texas " 52-79 " " Quebec Avenue - 31st to 32nd Street " 52-86 " " Pennsylvania - 34th to 35th Streets " 52-87 '! " Pennsylvania - 35th to Walker Street " 52-95 " " Maryland Avenue - 28th to 29th Streets " 52-96 " " Maryland Avenue - 29th to Minnetonka' " 52-97 " " 32nd Street - Texas to Sumter " 52-98 " " 32nd Street - Sumter to Rhode Island " 52-101 " " 33rd Street - Texas to Sumter " 52-102 " " 33rd Street ,- Sumter to Rhode Island " 52-105 " " 34th Street - Texas to Sumter " 52-106 " " 34th Street - Rhode Island to Sumter " 52-107 " " 34th Street - Quebec to Rhode Island " 52-109 " " 35th Street - Texas to Sumter " 52-110 " " 3,5th ,Street - Rhode Island to Sumter " 52-112 " " 35th Street - Penna. to Quebec " 52-114 " " Virginia Avenue - Mtka. Blvd. to Texas " 52-115 " " Texa-Tonka - Virginia to Virginia " 52-131 " " Walker Avenue - Texas to Sumter " 52-254 San. Sewer Thru 52-299. Bids taken 9-8-52, and rejected. Nothing more done. These Streets are between Texas and Taft, and Walker and Minneapolis and St. Louis Railway and includes North Street, South Street, Walker Street, Pennsylvania Avenue, Taft Avenue, Brookview Drive, Edge- brook Drive, Woodland Drive, Etc. LDl17_T-fv-;rrr1--TnQQ TSST_Rn—Ri1T N[1TTiTmr.-PT RTNER-DONE Resolution - On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the following resolution was adopted by unanimous vote of all Members of the Council present: j RESOLUTION CANCELING IMPROVEMENTS PREVIOUSLY ORDERED RESOLVED by the Village Council that the foregoing list of Improvement Projects ordered by the Village Council in previous years which have not as yet been undertaken be hereby canceled. 360 July 6, 1953 Authorization to Destroy Old Dog And Bicycle Tags, Cont'd. �e DOG TAGS 1950 100 not numbered - for duplicate use if #747 to #800, included " #582 to #600 11 " #601 to #653 it " #102 and #104 to #154, included 1951 #643 to #700, included BICYCLE TAGS 1950• #852 to #1,400, included 1951 #1,839 to #1,845, included (converted to 1952) " 41,846 to #1,900, included. Police Report for June, 1953 The following Police Report for June, 1953, was read and ordered filed: Arrests - 151 Radio- Calls 236 Accidents -,23 Phone Calls 27 Mileage 13,432 Gas 1,100 Oil 14 Salary Increase - Henry B. Carlson On motion of Trustee Bolmgren, seconded by Trustee Middleton, the salary of Patrolman, Henry B. Carlson was increased from $333.30 per month to $338.30 per month, effective July 1, 1953, to conform with the automaticincrease, by unanimous vote of all Members of the Council. Salary Increase - Wilbur Ostlund On motion of Trustee Bolmgren, seconded by Trustee Middleton, the salary of Patrolman, Wilbur Ostlund was increased from $333.30 to $338.30 per month„ effective July 1, 1953, to conform with automatic increase, by unanimous vote of all Members of the Council. Salary Increase - Glen Stenberg On motion of Trustee Bolmgren, seconded by Trustee Middleton, the salary of Patrolman Glen Stenberg was increased from $333.30 to $335.30 per month, effective June 15, 1953, to conform with automatic increase, by unanimous vote of all Members of the Council. Resolution On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION SETTING HEARING DATE FOR SANITARY SEI.M RESOLVED that the Clerk be authorized to publish notice of hearing on July 20, 1953, for the following proposed sanitary sewer extensions: IMPROVEMENT NO. LOCATION 53-93 Vernon Avenue from West 26th Street to West 252 Street 53-94 Webster Avenue from West 26th Street to West 25 Street 53-95 Xenwood Avenue from ?-lest 26th Street to west 252 Street 53-96 West 252 Street from Xenwood Avenue to Vernon Avenue 53-99 Lynn Avenue from North Service Drive of Highway No. 7 to Minnetonka Boulevard, and Service Drive of Highway No. 7 from Monterey Avenue to Lynn Avenue. The Engineer's estimated cost of $11,440 for Improvement Nos. 53-93 thru 53-96, inclusive, and $8,072.90 for Improvement No. 53-99, is hereby approved, and the area proposed to be assessed is the abutting property. Resolution s^ On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members of the Council present: July 6, 1953 361 Resolution, Cont'd. RESOLUTION SETTING ASSESSMENT HEARINGS WHEREAS, the Village Council has prepared proposed assessment rolls cover- ing the assessable cost of the following listed improvements heretofore ordered by the Village Council: CURB AND GUTTER Improvement Nos. 52-152 thru 52-154; 52-156 thru- 52-179, 52-198 thru 52-201, 52-220, 52-221, 52-244, 51-123, and 51-124. - SIDEWALK Improvement Nos. 52-132 thru 52-138, 52-140 thru 52-149, 52-151, 52-196, 52-197, and 52-214. STREET GRADING Improvement Nos. 51-100, 52-180 thru 52-186, 52-190 thru 52-192, 52-219, 51-277, 52-194. SANITARY SEWERS Improvement Nos. 52-223, 52-251 thru 52-253,• 52-413, 52-445, 51-87, 52-301 thru 52-308. STREET IMPROVEMENTS - STABILIZED BASE Improvement Nos. 52-6 thru 52-16, 52-92, 52-93, 52-116 thru 52-118, 52-124 thru 52-130, 52-398, 51-153, P-125, P-127, 52-17, 52-226, 52-399, P-105, and 52-412. STREET IMPROVEMENTS - TAR MAT Improvement Nos. P-98 (0-63), P-136, P-200, 51-152, 51-172, 51-178, and 51-232. STREET IMPROVEMENTS - PENETRATION TAR Improvement Nos. P-138 and P-202. WATER MAINS Improvement No. 52-446 STORM SEWER Improvement No. 52-243, District No. 30. BE IT RESOLVED, by the Village Council of the Village of St. Louis Park that said proposed assessments be approved as•Buch and the Clerk be authorized to publish notice of hearings on said proposed assessments to be held at the Village Council meeting on August 101, 1953• Resolution On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members-of the Council present: RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVIDIENT BONDS WHEREAS,-the Village Council has heretofore ordered construction of various improvements and contracts have been entered into for construction thereof, authorized by Sections 412.401 to 412.481, Minnesota Statutes, and the estimated aggregate cost of said improvements will be in excess of $475,000, therefore BE IT RESOLVED by the Village Council of the Village of St. Louis Park as follows: 1. That the Clerk be hereby directed to advertise for bids for purchase of Improvement Bonds to be issued for the financing of such improvements in the St. Louis Park Dispatch and Commercial West, which bids will be opened by the Village Council at its meetings to•be held July 27, 1953. 362 , July 6, 1953 Resolution Authorizing Advertising for Bids for Improvement Bonds, Cont'd. 2. Said Improvement Bonds shall be issued in denominations of $1,000 � each and shall be dated August 152 1953, and shall bear interest at the rate determined at the sale thereof, payable August 15, 1954, and semi-annually thereafter on the 15th day of February and August in each year, and shall mature serially in the years and amounts as follows: $60,000.00 February 152 1955/58 50,000.00 February 15, 1959 40,000.00 February 15, 1960 301000.00 February 15, 1961/64 10,000.00 , February 15, 1965/66 5,000.00 February 152 1967 3. Said bonds shall be payable at any suitable bank or company designated by the purchaser. 4. Said bonds and interest coupons thereto attached thereto attached shall be substantially in the form of Improvement Bonds of the Village issued as of August 15, 1953, and the bonds shall be prepared under,the direction of the Village Clerk at the expense of the Village. 5. The Village will furnish the purchasers, at the expense of the Village, with the opinion of Messrs. Faegre & Benson of Minneapolis, Minnesota, certifying to the validity of the bonds. Resolution On motion of Trustee Jorvig, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR GARBAGE DISPOSAL PLANT BONDS WHEREAS, pursuant to resolution adopted by the Village Council July 28, 19522 there was submitted to the electors of the Village of St. Louis Park, at a special election September 8, 1952, the question of the issuance of bonds not to exceed $200,000. for the purpose of paying the cost of constructing a suitable incinerator for the disposal of garbage and refuse, and WHEREAS, the electors of the Village at such special election did approve and authorize the issuance of said bonds by the requisite majority of voters casting votes at said election, and WHEREAS, contracts have been entered into for constructing a municipal incinerator plant and appurtenances for disposal of garbage and refuse, and the cost thereof will exceed $200,000.3 therefore BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the Clerk be hereby authorized to advertise for bids, to be opened by the Council at its meeting July 27, 1953, for the purchase of bonds of the Village of St. Louis Park to be issued in the aggregate sum of $200,000., to be dated August 15, 1953, issued in denominations of $1,000. each, maturing $10,000. August 15, 1955/19592 $30,000. August 15, 1960/64, with interest, at such rate as shall be determined by the Village Council upon receipt of bids, payable August 15, 1954 and semi- annually thereafter on the 15th day of February and the 15th day of August. Said bonds shall be general obligations of the Village payable out of ad valorem tax levy and shall be in such customary form for such obligations as shall be approved by the Village Attorney. The Clerk is authorized to prepare the bonds at the expense of the Village and to secure the opinion of Messts. Faegre & Benson, of Minneapolis, certifying to the validity of the bonds for the benefit of the purchaser. The Council reserves the right to reject all bids received. Resolution On motion of Trustee Jorvig, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all members of the Council present: RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR GARBAGE DISPOSAL-PLANT REVENUE BONDS WHEREAS, the Village of St. Louis Park has entered into contracts for the construction of a garbage disposal plant, the total- estimated cost of which will be Two-hundred Fifty-five-Thousand Dollars ($255,000.), and it is necessary, to provide money for the purpose of financing the sums payable under said contracts, to issue bonds of the Village in said amount, and July 6, 1953 363 Resolution Authorizing Advertisement for Bids For Garbage Disposal Plant Revenue Bonds, Cont'd. WHEREAS, the Village Council has been authorized by vote of the electors of the Village to issue bonds not to exceed Two Hundred Thousand Dollars ($$200,000.) which will be general obligation bonds of the Village issued for said garbage disposal plant construction, and WHEREAS, it is the purpose of the Village Council'to issue additional bonds in the sum of Fifty-five Thousand Dollars ($55,000.) which will be a first lien upon the revenue to be derived from said garbage disposal plant, and which will be payable therefrom, therefore BE IT RESOLVED by the Village Council of the Village of St. Louis Park as follows: 1. In order to provide money for the construction of sanitation facilities constituting a garbage disposal plant of the Village there shall be issued, sold and delivered Garbage Disposal Plant Revenue Bonds of the Village in the aggregate principal amount of Fifty-five Thousand Dollars ($55,000.), said bonds to be 55 in number and numbered from 1 to 55, both inclusive, and in the denomination of $1,000. each, all bearing date of August 15, 1953, bearing interest at a rate not to exceed 5% per annum, payable August 15, 1954 and semi-annually thereafter on the -15th day of August and the 15th day of February in each year, at such rate as shall be determined upon receipt of bids for the purchase of said bonds, and maturing serially in order of serial number, lowest numbers first, $10,000. August 15, 1955 to 1958, both inclusive, and $15,000. August 15, 1959• The said bonds shall be payable at the main office of the Northwestern National Bank of Minneapolis, Minne- sota, and the reasonable charges of said bank as paying agent shall be paid as an operating expense of said utility. 2. The bonds and the interest coupons to be thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF ST. LOUIS PARK No. $1,000. GARBAGE DISPOSAL PLANT REVENUE BOND KNOW ALL MEN BY THESE PRESENTS that the Village of St. Louis Park, Hennepin County, Minnesota, acknowledges itself to be obligated and hereby promises to pay to bearer, but solely out of the Interest and Sinking Account of its Garbage Disposal Revenue Fund, from Chet revenue (as hereinafter defined) from the operation of sanitation facilities constituting a garbage disposal plant, the principal sum of ONE THOUSAND DOLLARS on the 15th day of August, 19, and to pay interest out of said fund from the date hereof until the principal sum is paid, at the rate of per cent per annum, interest to maturity payable semi-annually on the 15th day of August, 1954 and the 15th day of February and 15th day of August, in,)each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest are payable at the main office of the Northwestern National Bank of Minneapolis, in the City of Minneapolis, Minnesota, in any coin of currency of the United States of America, which at the time of payment is legal tender for public and private debts. This bond is one of an issue in the aggregate principal amount of $55,000.1 all of like date and tenor except as to numbers and maturity dates, all issued for the purpose of providing money for the construction of sanitation facilities constituting a garbage disposal plant, and is issued pursuant to and in full con- formity with the Constitution and Laws of the State of Minnesota, and is payable solely from the net revenue of the garbage disposal plant and system of said Village, being the gross revenue after deducting therefrom the necessary costs of operation and maintenance, and said bonds constitute a first and prior lien on said net revenue, and the Village shall be relieved of any duty to levy, collect, use or apply any moneys received or to be received from taxation for the payment of either principal or interest thereon, except payment of charges for services rendered to or benefits received by the Village. IT IS HEREBY CERTIFIED AND RECIDED that in and by the authorizing resolution the Village Council of the Village of St. Louis Park has covenanted and agreed that it will continue to operate sanitation facilities constituting a garbage dis- posal plant as a public utility free from competition by other like utilities, and free from all other or additional liens thereon except as herein provided; that 364 July 6, 1953 Resolution Authorizing Advertisement for Bids For Garbage Disposal Plant Revenue Bonds. Cont'd. adequate insurance on said plant and system and suitable fidelity bonds will be procured and carried; that proper and adequate books of account will be kept showing receipts and disbursements; that it has established and will maintain a Garbage Disposal Revenue Fund, and has set up therein an Interest and Sinking Account into which it will }gay monthly out of the net revenue of said utility a sum sufficient to meet principal and interest requirements and a separate Reserve Account, all in accordance with the authorizing resolution; that it will impose and collect rates and charges for services furnished by the utility adequate to meet the above payments; that no additional or other obligations will be incurred or permitted to be insurred except as provided in said authorizing resolution. IT IS FURTHER CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and Laws of the State of Minnesota, and ordinances and resolutions of the Village of St. Louis Park, to be done, to exist and to be performed in order to make this bond a valid and binding special obligation according to its terms have been done, do exist and have been performed as so required. This bond is not to be included in determining the net indebtedness of the Village under any constitutional or standard provisions defining or limiting such indebtedness. IN WITNESS WHEREOF, the Village of St. Louis Park, Hennepin County, Minne— sota, by its Village Council, has caused this bond to be executed in its behalf by the signature of its Mayor and attested by its Clerk, and the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of the 15th day of August, 1953. Mayor ATTEST: Village Clerk (Form of Coupon) No. On the 15th day of August (February), 19the Village of St. Louis Park, Hennepin County, Minnesota, will pay to bearer at Northwestern National Bank of Minneapolis, Minneapolis, Minnesota out of the In£erest and Sinking Account of its Garbage Disposal Revenue Fund, the sum of Dollars for interest then due on its Garbage Disposal Plant Revenue Bond dated August 15, 1953, No. Mayor Village Clerk 3. The bonds in the form herein provided shall be predpred under the direction of the Village Clerk and when so prepared shall be executed on behalf of the Village by the signature of the Mayor and attested by the Clerk and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said officers. 4. There is hereby created a separate fund to be called Garbage Disposal Revenue Fund which shall be maintained by the Village Treasurer until all of the bonds issued hereunder have been fully paid. All of the income and receipts arising from the operation of the sanitation facilities constituting a garbage disposal plant, including the proceeds of the special charge heretofore from time to time imposed for garbage collection and disposal service, and the assessment thereof against property served by garbage disposal service as authorized by Section 443.015, Minnesota Statutes, shall be paid into said fund. In accordance with sound accounting practices there shall be set up and maintained within said fund the following separate accounts to which shall be credited and debited the income and disbursements of said fund as follows: July 6, 1953 365 Resolution Authorizing Advertisement for Bids For Garbage Disposal Plant Revenue Bonds, Cont'd. 4-a (a) A Capital Expenditure account into which shall be paid all moneys derived from the sale of these revenue bonds and any general obligation bonds issued for the purpose of financing the garbage disposal plant, or from the sale of any property acquired for or used in connection with said utility. Out of said account shall be paid the cost of all capital improvements, extensions and changes to said utility including the construction of a garbage incinerator plant and appurt- enances in connection therewith. If at any time any money in said account is not needed for such purposes it may be transferred to the Interest and Sinking Account or any such surplus may be kept in a proper bank account, held as a cash deposit or temporarily invested in United States Government securities. (b) An income Account to which shall be credited all receipts and income from the operation of the garbage disposal plant. Out of said account there shall be first paid all but only such items as by sound accounting practices constitute normal, reasonable current costs of operation, including costs of necessary current repairs and replacements, and any sum required to reimburse the general fund of the Village for such current costs of operation advanced from time to time when there may be no funds in the account available to pay such cost when due, and there shall be retained therein such amount as may be reasonably required for such pur- pose during the ensuing six-month period. The remaining amount in said account shall constitute and is hereafter referred to as net revenue. Receipts and income derived from the garbage and refuse collection system of the Village for the purpose of covering cost of such collection and delivery to the garbage disposal plant shall, not be credited to said account, nor shall the cost of such collection be charged against this account. (c) An Interest and Sinking Account. From said net revenue there shall be credited to said account on the 15th day of January, March, July and September of each year hereafter such net revenues as shall be available in the Income Account in such amount as shall be required to pay principal and interest on all bonds issued hereunder on February 15th and August 15th following. Said payments shall be a first and prior charge on said net revenue. Money in the Interest and Sinking Account shall be used solely for the purpose of payment of principal and interest on said bonds. (d) A Reserve Account into which shall be paid the entire net revenue after payment to the Interest and Sinking Account until there 'shall be accumulated therein a reserve equal to one year's interest requirements. Thereafter said Reserve r Account shall be maintained and used only to make up a deficiency when and if moneys S7� in the Interest and Sinking Account shall be insufficient to pay the principal of, or interest on, any bonds issued hereunder. Whenever the moneys therein are so 131° used the said reserve shall be restored from the next net revenue available after satisfying current Interest and Sinking Account requirements. o o, (e) Surplus Account. All amounts in the Income Account in excess of those required as herein above set forth for the Interest and Sinking Account and Reserve S ' Account shall be transferred from time to time to the Surplus Account. Funds therein may be transferred to any other account, or to the Sinking Fund for general obligation bonds issued to finance construction of the garbage disposal plant, or may be paid over to. the general fund of the Village 'and used for any corporate purpose. 5. Until payment of the bonds herein authorized no additional bonds or other obligations shall be issued payable from the net revenue of the garbage dis- posal plant except as provided in this paragraph. The Village Council may at any time issue additional revenue bonds, or other obligations, payable as to principal and interest from the net revenue of said plant, and on a parity with, but not superior as to lien and charge, with respect to the revenue bonds of this issue, provided, first, such additional obligations shall be issued to provide money to pay for necessary improvements and changes in said utility plant, second, the estimated annual net revenue as herein defined for each year of the period during which the revenue bonds issued hereunder shall mature, as determined by the Village Engineer of the Village of St. Louis Park upon the basis of the established rates imposed by ordinance for garbage disposal service of the Village, and upon his determination of operation costs and expenses chargeable against gross revenue for the same period, shall be in an amount at least one and one-half times the annual principal and interest requirements for the said revenue bonds, and all other obligations at any time outstanding, including those so to be issued, and thereafter to be payable only from said net revenue. In addition to the powers above granted the Village may issue revenue bonds on a parity as to lien for the purpose of extending the maturities of any of the bonds of this issue then due whenever there are no funds available for the payment thereof. Nothing herein shall prevent the r 366 July 6, 1953 Resolution Authorizing Advertisement for Bids For Garbage Disposal Plant Revenue Bonds. Cont'd. �J 5 - issuance of additional revenue obligations payable out of the Surplus Account and inferior as to lien on the net revenue of the utility. 6. For the protection of the security of the bonds herein authorized,the Village Council hereby covenants and agrees to and with the holders thereof from time to time as follows: (a) It will cause the construction of sanitation facilities constituting a garbage disposal plant, heretofore referred to, to be completed in accordance with plans and specifications properly prepared by competent engineers, and approved by the Village Council, and will use and apply the proceeds from the sale of the bonds to be issued hereunder to the payment of the cost thereof, and that it will not create any additional or other liens or charges against the income of the garbage disposal plant except as herein provided. (b) It will continue to operate the garbage disposal plant as a revenue producing utility of the Village free from competition by other like utilities, and free from liens, and will cause the same to be maintained in good and efficient operating condition and will not sell or otherwise dispose of any part thereof unless the same be replaced with some other part of equal utility. (c) Until the principal and interest on the bonds shall have been paid, the Village shall give no free service, and the Village Council will charge the Village reasonable rates and charges for services furnished to the Village at not less than the existing schedule of rates and charges. (d) It will cause all income and revenue from the operation of said garbage disposal plant to be credited to the Garbage Disposal Revenue Fund and will permit no payments therefrom except as herein provided. (e) It will cause proper and adequate books of record and account to be kept in which true and correct entries will be made of all charges imposed for services by said utility, and all collections and receipts therefrom, and all expenditures and disbursements. Said books of account shall be open to inspection and copying by any holders of bonds issued hereunder, and the Village Clerk shall, upon request, furnish certified copies of any portion thereof upon receipt of a reasonable fee therefor. It will cause said books and records to be audited at least annually by a certified public accountant or firm thereof, or the Public Examiner of the State of Minnesota, and will mail copies of such audit to the purchasers, and such holders as shall request the same. (f) It will procure and keep in force insurance upon the garbage disposal plant against loss or damage by fire, tornado, windstorm, flood or other causes customarily insured against, and will procure suitable fidelity bonds covering all employees having custody of any money, such insurance and bonds to be made with an insurer or insurers in good standing in such amounts as the Village Coun- cil shall determine will be required to protect the Village and the holders of the outstanding bonds from loss due to any such casualty or misfeasance or malfeasance, and in event of any such loss the proceeds shall be used to make good said loss or to retire outstanding bonds. 7. The bonds issued hereunder shall constitute a first and prior lien and charge upon the net revenue of the garbage disposal plant, except as herein provided, without priority or preference of any of said bonds over any other, provided that in event any payments of principal or interest shall fall due when there is not sufficient money in the Interest and Sinking Account, or in the Reserve Account, to make full payment thereof, all such moneys shall be applied first, to payment of accrued interest then due, and, second, towards payment of principal upon matured bonds in order of serial number. 8. The Village Council further covenants to continue to impose and collect rates and charges for services in accordance with existing rates, and that it will not reduce such rates at any time to a point where the net revenue, as herein defined, shall be less than one and one-quarter times principal and interest re- quirements for the ensuing year and that it will revise such rates from time to time whenever, and as often as, it may be necessary to make the net revenue sufficient for the purposes herein described. 9. The holders of twenty per cent or more in aggregate principal amount of the revenue bonds herein authorized -at any time outstanding may, either at law or in equity, by suit, action or other proceedings, protect and enforce the rights of all holders of revenue bonds outstanding hereunder, or enforce and compil the performance of any or all covenants and duties herein specified on the part of the Village or its officials to be performed, including the fixing and maintaining July 6, 1953 367 Resolution Authorizing Advertisement for Bids For Garbage Disposal Plant Revenue Bonds, Cont'd. 9 - of sufficient rates, charges and rentals for services of the garbage disposal plant, and the collection and proper segregation of the revenue and the proper application thereof. 10. Each and all of the terms and provisions of this resolution shall be and constitute a covenant on the part of the Village to and with each and every holder from time to time of the bonds issued hereunder. The Village Council is hereby authorized to advertise for bids for the purchase of said bonds in the St. Louis Park Dispatch and Commercial West, bids to be opened at the Council meeting of July 27th, 1953. Resolution On motion of Trustee Middleton, seconded by Trustee Jorvig, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER FOR SIDEWALK C014TRACT WHEREAS the Village Council duly received bids June 8, 1953, after public advertisement published May 28, 1953, for construction of Sidewalk Improvements Nos. 53-85 to 53-87 inclusive; 52-421, 4222 4232 4252 426; and 53-35 to 53-38 inclusive, as follows: NAME OF BIDDER 1" Walk 21" Walk (Additional) Finstad and Sons 40¢ sq. foot 15¢ sq. ft. Donald Frantz 44¢ " " 15¢ Victor Carlson & Sons 45¢ " " 15¢ C. A. Carlson 35 " " 45¢ " Art Bolier 36-¢ " " 10¢ A. J. Stevens Company 30¢ " " 40¢ and, WHEREAS the Village Council has examined statements submitted by the res- pective bidders, has had the advice of the Village Engineer with respect to his investigation of, and experience with the respective bidders, and has taken into account the relative expense to the Village for inspection and supervision of the work which would be required in the case of each bidder if awarded the contract and has determined that a greater expense for such inspection and supervision would be incurred if the contract be awarded to any bidder whose bid is lower than that of Art Bolier, therefore BE IT RESOLVED that the said bid of Art Bolier be hereby determined to be the lowest bid of a responsible bidder, and the Mayor and Clerk be authorized to enter into a contract in behalf of the Village with Art Bolier, for said sidewalk construction. Resolution On motion of Trustee Jorvig, seconded by Trustee Middleton, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER FOR CURB AND GUTTER CONTRACT WHEREAS the Village Council duly received bids June 8, 1953, after public advertisement published May 28, 1953, for construction of Curb and Gutter Improve- ments Nos. 53-78 thru 53-84 inclusive, 53-18 thru 53-34 inclusive, and 53-74, as follows: Name of Bidder Lineal Foot Square Foot Victor Carlson & Sons $1.80 450 Donald Frantz 1.90 44 Art Bolier 1.69 36A¢ and, WHEREAS the Village Council has examined statements submitted by the res- pective bidders, has had the advice of the Village Engineer with respect to his investigation of, and experience with the respective bidders, and has taken into account the relative expense to the Village for inspection and supervision of the 3 6 8 July 62 1953 Resolution Determining I:owest Responsible �y Bidder for Curb and Gutter Contract, 'Cont'd. work which would be required in the case of each bidder if awarded the contract and has determined that a greater expense for such inspection and supervision would be incurred if the contract be awarded to any bidder whose bid is lower than that of Art Bolier, therefore BE IT RESOLVED that the said bid of Art Bolier be determined to.be the lowest bid of a responsible bidder, and the Mayor and Clerk be authorized to enter into a contract in behalf of the Village with said Art Bolier, for said construction of curb and gutter. Resolution On motion of Trustee Middleton, seconded by Trustee Bo]mgren, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER FOR CURB AND GUTTER CONTRACT WHEREAS the Village Council duly received bids June 15, 1953, after public advertisement published June 4, 1953, for construction of Curb and Gutter Im- provements Nos. 51-1.152 1162 52-406 to 408, 410, 4112 430 to 437, and 52-4 as follows: Name of Bidder _ Victor Carlson & Sons $1.80 LF C & G 45¢ SF 32" Walk Donald Frantz 1.80 " " " 44¢ C. A. Carlson 1.75 " " " 35¢ and, WHEREAS the Village Council has examined the financial statements submitted by the respective bidders, has had the advice and report of the Village Engineer with respect to his investigation of and experience with the respective bidders, and has taken into account the relative expense to the Village for inspection and supervision of the work which would be required in the case of each bidder if awarded the contract, and has determined that a greater expense for such ins- pection and supervision would be incurred if the contract be awarded to any bidder whose bid is lower than that of Victor Carlson and Sons, Inc., therefore BE IT RESOLVED that the said bid of Victor Carlson & Sons, Inc. be hereby determined to be the lowest bid of a responsible bidder, and that the Mayor and ` Clerk be hereby authorized to enter into a contract in behalf of the Village with said Victor Carlson,andrSons, Inc., for said construction of curb and gutter. Minutes The minutes of meetings held June 22, 29, and 30, 1953, were read. On motion of Trustee Middleton, seconded by Trustee Bolmgren, the minutes of meetings held June 22, 29, and 30, 1953 were approved as read, by unanimous vote of all Members of the Council. Meeting Adjourned On motion of Trustee Middleton, seconded by Trustee Bolmgren, the meeting was adjourned at 12:25 AM, July 7, 1953, by unanimous vote of all Members of the Council. C. L. HURD, Mayor ATTEST: JOSEYn JtJgr Clerk