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1960 RES & ORD R::~;ad Sottth ei %he Minneapolis~ Norbhfield and Southern That area ~th%~ t~"::. V~,~a.~o .... of Nezc Hope iyLug ~th~n~. ~,500 feet cf es. oh side o2 c~nte~ffl.~e of 2he Minneapo!Rs~ Nerthf:h~ld R:~.nge 21~ to the Sot it Vti!s~ge !i~ts a't 2'}%h f~'}e~me }~ert, h Ne';,"%h (a~o ~r:own s~ ~ck!!:'i Road) lo ~4.th a~zenu.e ~R.~z~h xd:.ended together t,~.Eth ail of the Sc thwest one quar'~:c,r (SU{-} of the d:~sc:?ihed ~ kots 7~ 8~ ~tl ('¢ Auditor% Subdi'¢is:ion Nu%beP 324 .,~,, ~z Sec+.ion T~mship 128, Range 2h 5:~ Thst p~.rt of both Section 8 and of the NortP. west on {}N~} of the Northwest one qu.s~%sr (}F.{%) of Sec~ion To'~,,,nship i~8~ Rsmge 2} ir~g East of the ~'~est 820 ?eet ther~f mhd ~'~est of tho Minuet' :~ !{or%hfieid and $outN~rn right-:of'~e~ a~td Scut~ ::,he i::L::neapolis~ St. P~azl & Sault Ste, ect~.on - Sec.:Son sa is ,~s~,ended~ Pe~d e~ foiiows~ '~Section ?a,~ FCzben. of Radio Dist..cb, Presses in the Vi!t~e of New Hope, County of He~_uep-i.:.'~¢ State of Minnesota described as fo!l°t?s: Co~oncin:~ ~t tbs Southeast corner of Section 18~ Towr~,.p liS, ~ge S!t thence North alo~ the E~t line of said sect!On, a di~uoe c' 400 fe~t$ thence Yfest m~d par~lel with the South line of sa~i section, a distance of ~¢30 feet to the point of ~girming of the 2nd to ~ desc~bed$ thence de~zect~g ¢~ the right 15% a ~st~uce of 1450 feet; thence de~ect~g~ the ~ght 90 ~ a &istsnce. of T~i; feet; 'thence de~ectfrZ'~ the ~.~t,90% a dist~ce of 1450 zeet$ thence deflect~g t"': the ri~t 90% a distance of ~5 feet to the po~t of ~gin~;:O, ~' Chapier 60 Ordinance 60-9 AN ORDINANCE PROVIDING FOR CIVIL SERVICE. PERSONNEL SYSTEM IN THE VILLAGE OF NEW HOPE Village of New Hope THE VILLAC,E COUNCIL OF NEW ttOPE ORDAINS: SECTION 1. DEFINITIONS. Subdivi- sion 1. Unless the context otherwise quires, the words and phrases defined in the following subdivisions have the mean- ings there ascribed to them. Subd. 2. "Appointing Authority" means the official, employee, council, board or commission empowered by statute, or ordi- nance to make an appointment to the posi- tion referred to in the context. Subd. 3. "Board" means the personnel board provided for in Section 4. Subd. 4. "Classified Service" means the positions covered by the Merit System. Subd. $. "Employee" includes an officer, employee, or other holder of a position in the village. Subd. 6. "Merit System" means the method provided' by Minnesota Statutes. Chapter 44, this ordinance, and rules adopt- ed thereunder for the employment, pronio- tion, dismissal and discipline of municipal employees. Sub& 7. ~'Position" includes any office, employment, or place in the municipal ser- vice that may be filled by an employee. SECTION 2. ESTABLISHMENT. Sub- ject to approval of the voters under Sec- tion 17, the Merit System is hereby estab- lished. SECTION 3. CLASSIFIED SERVICE. Subd. t. Every employee for offices and positions in the village employ, now exist- mg or hereafter erected, shall be in the classified service except the following,: (a) Any officer Chosen by P°pular elec- tion or apPointed, to fill a vacancy in an elective office. (b) Any official reporter, bailiff, or other employee appointed by any local court, or judge or justice thereof. (e) Members of any board or commis- sion provided for by statute or ordi- (d) Village manager, if any. (e) The employees expressly excluded by Subd. 2 of this section. The follow- ing employees are expressly excluded from the classified ser~iee: a. Volunteer firemen, b. The village engineer, attorney, dep- uty clerk, building inspector, asses- sor, health officer ' and treasurer. c. Every employee whose compensation from the village is fixed at less than $200 a year. d. Every emplOyee hired by the day or week to perform unskilled or semi- skilled labor. e. Seasonal employees. f. Any person employed in a profes- sional or scientific capacity to make or conduct a temporary or special inquiry, investigation, or examina- tion on behalf of the council or any agency of the village. SECTION4. PERSONNEL BOARD. Subd. 1. There is hereby created a person- nel board consisting of three members who shall be appointed by the mayor with the consent of the council. Each member shall serve for a term of three years, except that of the members first appointed, one shall be appointed for a term of oney,ear, term of three .y.ears or until the expiration date, each exptrmg on December 31st; and each shall serve until his successor is ap- pointed and qualified. The first mdmhers shall be appointed within thirty days after the ordinance takes effect. The members may be removed by the mayor, with the consent of the council, for cause after written notice anti an opportunity to be heard. No member shall bold any other municipal position. Before entering upon his duties each member shall subscribe and file with the village clerk an oath for the faithful discharge of his duties. A chairman shall be elected under such rules as the board may adopt. Subd. 2. The board shall hold regular and special meetings as provided by its rules. All meetings and hearings shall be open to the public. Two members of the board shall constitute a quorum. Members shall serve without compensation but shall be paid all necessary expenses. The board shall select a secretary to serve at its pleasure. The secretary may be a member of the board or an employee of the municipality. The board may authorize the payment of compensa- tion to the secretary in a sum not to exceed $100 a year. SECTION 5. CLASSIFICATION OF POSITION. The board shall, as soon as practical, after its appointment and organi- zation and after consultation with appoint- ing authorities and principal supervisory officials grade and classify all positions in the classified service, according to the duties and responsibilities of each position and appropriate lines of promotion and it shall allocate each position in the classified service to the appropriate class therein. The titles in the classification system shall be used for original appointments, promotions, payrolls, and all other personnel records, and rates of pay shall be fixed according to the grades of positions established in the classification plan. The board shall prepare and maintain an employment roster on which there shall be entered in their respec- tive classes of employment, the names, ages, compensation, period of past employment and such other facts with reference to each employee in the classified service as the board seems useful. SECTION 6. PROCEDURE FOR AP- POINTMENTS. Subd. 1. Every employ- ment or promotion to a position in the classified service shall be made after a competitive examination given by the board or under its direction as provided hi Sec- tion 7. Subd. 2. The board shall, as the need arises, prepare and maintain lists of eligibles for classes of positions in the classified service in accordance with their standing in examinations, taking into account the credit given war veterans by Minnesota Statutes, Section 197.45. Sul~d. 3. Whenever a vacancy occurs in a position in the classified service the ap- pointing, authority shall notify the board ~f the vacancy. The board shall certify to the appointing authorities the three names standing highest on the appropriate eligible list. If two or more vacancies are to be filled in the same class, the board shall certify two or more names in the vacancies to be filled. The appointing authority shall appoint one person from the names so certified to fill each vacancy. Subd. 4. An appointing authority may, to the extent authorized by the rules of the hoard, temporarily employ persons upon eligible lists but without regard to rank thereon for a period not to exceed ninety days in emergencies and may provisionally employ persons for not more than ninety days when'necessary because of the lack of eligibles on the eligible list. No person shall serve as a temporary or provisional employee for more than ninety days in any calendar year. SECTION 7. EXAMINATION. Snbd. 1. Every examination shall be impartial, fair and deigned only to test the relative quali- Iicatious and fitness of applicant to dis~ charge the duties of the particular position /or which it is designed. No questions 4n any examination shall relate to the political or religious convictions or affiliations of the ~pplicant. All applicants for positions of trust and responsibility shall be specially e~xamlned as to moral character, sobriety, and integrity, and all applicants for posi- tions req~irm~ special experience, skill or faithfudrness shall be especially examined in respect to these qualities. Within these li- mits, the board may make use of any ap- propriate testing technique, including oral examinations or interviews. Subd. 2. Public notice of the time and place of an examination shall be given by one publication in the official newspaper of the village at least ten days in advance of the examination and by posting for similar periods at the village hall and in two other public places in the village. A written notice shall also be mailed in advance of the exam- ination to each person who has submitted his application for the position to the board before public notice is given. Subd. 3. It shall be the duty of-every employee of the village to act as an exam- iner at the request of the board without additional compensation for such service. The board may make use of other qualified persons who are not employees of the vil- lage to act as examiners. SECTION 8. DISMISSALS AND SUS- PENSIONS. Subd. 1. No permanent em- ployee in the classified service shall be dis- missed-or suspended without pay for more than thirty days, except for just cause, which shall not be religious, racial or poli- tical. No such action shall be taken except after the employee has been given notice of the action in writing. A copy of the notice shall be transmitted to the board. Upon written request made by the employee with- in fifteen days after receipt of such notice the appointing authority shall file the charges of inefficiency or misconduct on which the dismissal or suspension is based~ with the employee concerned and with the secretary of the board and a hearing shall be held by the board thereon after ten days written notice to the employee of the time and place of the hearing. Action of the ap- pointing authority shall be final if no such written request is made within fifteen days after receipt of the notice of dismissal or suspension. Subd. 2. The hearing on the charges shall be open to the public and each member of the board shall have the power to issue subpoenas, to administer oaths, and to com- pel the attendance and testimony of wit- nesses and the production of books and papers relevant to the investigation. The board shall require by subpoena, the at- tendance of any witness requested by the employee who can be found in the county. The board may make complaint to the Dis- trict Court of disobedience of its subpoenas or orders and the Court shall prescribe no- tice to the person accused and require him to obey the board's subpoena or order, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the District Court, except that any officer, agent, or employee of the village who receives compensation shall not be entitled to fees or mileage. Subd. 3. If, after the hearing, the board finds that the charges are sustained, the dismissal or suspension shall be final un- less an appeal to the courts is taken as hereinafter provided. If the boar'd finds that the charges are not sustained the employee, if he has been suspended pehding investigation, shall be immediately rein- stated and shall be paid all back pay due for the periods of suspension; if he has not been suspended, he shall be continued in his position as though the action had not been brought subject to the ri&'ht of the ap- pointing authority to appeal as promded herein. Subd. 4. Findings hereunder and orders sustaining disciplinary action or compelling reinstatement shall be in writing and shall be filed within three days after tee com- pletion of the hearing among the records of the board secretary~ the secretary Shall give written notice of the decision to any em- ployee concerned and to the appointing auth, ority. SECTION 9. APPEALS. Subd. 1. The :employee or the appointing authority may appeal to the District Court from an order of the board concerning the employee's dis- missal or suspension without pay for more than thirty days by serving written notice of the appeal upon the secretary of the board within ten days after he has received written notice of the board's order. Subd. 2. Within five days after service of the notice upon him, the secretary shall -certify the record of the proceedings, in- eluding all documents, testimony, and min- utes to the clerk of the District Court. The clerk shall then place the cause on the calendar for determination at the next Gen- eral Term of the Court to be held at the nearest place in the county where the vil- lage is located. The question to be deter- mined by the Court shall be: "Was the order of the personnel board reasonably supported by the evidence?" Subd. 3. The employee or the appointin~ authority may appeal from the District Court to the Supreme Court in the same manner as provided for in other Court cases; but where the council is not the appointing authority, no appeal shall be taken by the appointing authority without the consent of the council. S E C T I 0 N 10. PROBATIONARY PERIOD. Every person holding a position in [he classified service of the village on the effective date of this ordinance and every person subsequently appointed to such a position, shall serve a probationary period of six months. During this period he may be dismissed summarily without compliance with Section 8 but his dis- missal shall be in writing and reported to the board. SECTION 11. RULES, Subd. 1. The hoard shall, as soon as practical after its appointment and from time to time there- after, adopt rules consistent with this ordi- nance on the subjects enumerated and subsequent subdivisions of this section in order to carry out the purposes of this ordinance. Copies of the rules may be pub- lished in the official newspaper or made available at the office of the village clerk in printed form for general distribution. Ii not so published, copies shall be posted in a conspicuous place in the village hall and in such other public places as the board shall specify, and no rules of general ap- plication with reference to employment, pro- motion, dismissal, or suspension shall be effective until so posted and published. Subd. 2. The board shall provide by rule for the classification of all l~ositious in the classified service on the basis of duties and responsibilities. Subd. 3. The board shall provide by rule for public competitive examinations, after public notice, to test the relative fitness of applicants for positions. Sui~d. 4. The board shall provide by rule for the creation and maintenance of lists of eligibles. No name shalI remain on the eligible list for more than two years, Subd. 5. The board shall provide for the rejection of candidates or eligibles who fail to comply with reasoriable re- quirement of the board with respect to age, residence, physical condition, or other- wise, or who have been guilty of criminal, infamous or disgraceful conduct, or of any willful misrepresentation, deception, or fraud in connection with their applications. Subd. 6. The board shall provide by rule for certification of names to the appointing authority from the appropriate eligible list for appointment, prom6tion, or re-employment. Subd. 7. The board may provide by rule for temporary and provisional appoint- ments. Subd. 8. The board shall provide by rule for promotion eased on competitive examination, supplemented by records of efficiency, character, conduct, and seniority when a passing grade is obtained upon examination. Subu. 9. The board shall provide by rule for the suspension by the appointing authority of any employee in the classi- fied service for a period of not to exceed thirty nays for disciplinary reasons. Subd. 10. The board shall provide by rule for the lay-off, because of curtail- ment of work or funds, of employees in the classified serivce and for the conditions under which employees thus laid off shall be reinstated. Subd. 11, The board shall provide by rule for hours of work, holidays, attend- ance regulations, and the annual sick and special leaves of absence for positions in classified service. Subd. 12. The board shall provide by rule for the periodic check of municipal payrolls to determine if all employees be- ing paid by the village have 0eon properly paid and are entitled to such payment. Subd. 13. The board may adopt rules governing its own procedure and such other rules not inconsistent with Minne- sota Statutes, Chapter 44 ahd this ordi- nance, as may be found necessary to carry out the purposes of this ordinance. SECTION 12. Apportionment of Expenses of Certain Cases. Whenever the classified service includes employees who are under the jurisdiction of a board of commission with authority independent of the council to appropriate money and to pay bills, the personnel board's expenses incurred in re- cruiting such employees shall be paid by the independent board or commission con- cerned; and the board shall pro-tide for the apportionment of general expense of the board between the funds of the council and the funds of the independent board or commission in proportion that the num- ber of full-time employees of each in the classified service bears to the total num- ber of full-time employees in the classified service. The council and each independ- ent board and commission shall provide for £1ae payment of all reasonable expenses of the board thus apportioned to it; and the council shall provide for the payment of all reasonable expenses of the board in all other cases. SECTION 13, Contracts with Other Agencies. Wlth the approval of the council or independent board or commisison re- sponsible in the ~particular case for the payment of the cost incurred, the board may contact with the state or any other political subdivision or any public or pri- vate agency, for the conduct of competitive examinations, for the formulation of classi- fication plans or for the performance of any other technical service, in connection with the discharge of its duties under this ~ct. SECTION 14. Veterans Preference Law not Modified. This ordinance does not exclude or modify rue application of Min- nesota Statutes, Sections t97.45 and 197.46, known as "The Veterans Preference Law. ' SECTION 15. Penalties Subd. 1. No applicant for examination, appointment, or promotion in the classified service of a municipality shall directly or indirectly give, render, or pay or promise to give, or render or pay any money, service or other thinl~'s to any person for or on count of or in connection with his exami- nation appointment or proposed appoint- ment or promotion. Any person violating this provision shall be guilty of a misde- meanor. Subd. 2. No employee in the classified service shall directly or indirectly solicit or receive or be in any. manner concerned in soliciting or rece~vlng any assistance, assessment, or subscription, whether vol- untary or involuntary, for any political pur- pose whatsoever, or for any politleal party or affiliate. Any violation of this pro- vision shall be cause for dismissal from the service of the municipality. SECTION 16. Effective Date. This ordi- nance shall be submitted to the peo. ple of the village for their adoption or rejec- tion at the next general or special election of the village. If the ordinance is ap- proved by a majority of the voters voting on the question of its approval at the elec- tion, it shaI1 go into effect thirty days after said eleetlon. It shall remain in ef- fect until modified or repealed as provided by law. Adopted by the Village Council of New Hope, January 12th, 1960. Approved M. C. HONSEY, Mayor Attest: DON TRUCKER, Clerk (Published in The North I~Iennepin Post May 12, 196(>). Adopted by the people at a Special Elec- tion on May 3rd, 1960 by a vote of 302 to 228. Don Trucker. Clerk Extract of Minutes of Meeting of Village Council Village of New Hope~ Hennepin County~ Minnesota Held January 12, 1960 A .~' ~j~.. ~-~ meeting of the Village Coumcil of the Village of New Hope~ Minnesota~ was held at the Village Hall in said Vi!- lage on January 12, 1960~ at ~Z:-~O o'clock P. M. ~ne following members were present: and the following were absent: solution and moved its adoption: RESOLUTION AUTHORIZING THE SALE AND DELIVERY OF $500~000 TEMi°OP~Z~RY L~PROYEM~T BONDS OF 1960, FLRST SER~S BE IT RESOLVED by the Council of the Village of New Hope~ Minnesota~ as follows: !. It is hereby found~ determined and declared that the Village has heretofore ordered~ in accordance with the provisions of Minnssota Sts~utes~ Chapter 429, and after i~ub!ic hearings as required by law~ the con- struction of Sanitary Sewer Improvement No. 59-23 (Nortb~est Trunk)~ Street Improvement I{o. 59-28 (WisconSin ~venue)~ Street ~provement No. 59-18 (Sun- se~ Heights~ 36th Avenue ~[orth J~roject ~ and Meadow Lake Ter[ace _&~Jdition~ Suliivan's Hiltcrest Addition~ ~gin AdditiOn~ and Winnetka Hil±s /~z~oject B_~)~ and Sanitary Sewe~ Improvement No. 59-30 (Cave!i Avenue~ etc. )~ and has duly ordered~ received and approved plans and specifications and entered into con- tracts fo~ the construction of said improvements~ sfter proper advertisement for bids~ or has o~dered them done by day labor~ that the total benefits re- sulting f.~'om each of said improvements to the properties within the area pro- posed to be assessed therefor~ as heretofore defined~ will be not less than the cost of each of such improvements~ respectively that it is contemplated that the total amount of the cost of each improvement will be assessed against those lots and tracts specially benefited by such improvements that the Vil- lage now owns easements and rights-of-way over all streets and other pr~per- ties reqBired for the construction of each of said i~aprovements and that the total cost of said im~provements is presently estimated to be as follows: Sanitary Sewer Imp. No. 59-23 Street Imp. No. 59-28 Street Imp. No. 59-18 (P~ojects A and B) Sanitary Sewer Imp. No. 59-30 $433~000 2~000 50,000 15~:000 $500~000 -!- 2. It is necessary at this time for the Village to borrow the s~ of $500;000 to pay the costs incurred and to be incurred in the near future with ~eference to the ~-mproveraents described in paragraph 1 hereof, by the issuance of temporary improvement bomds pursuant to and im accordance with the provisions of Section 429.09t~ Subdi~isio~ 3, Minnesota Statutes, and the resolution adopted by the Council on Se~otember !t, 1958~ entitled '~Resolution Establishing Temporary Improvement ~umd an~ Authorizing the Issuance of Temporary Improvement Bonds"~ and this Council has heretofore awarded the sale of said bonds to Juran & Moody, Inc.; of St. Paul, Minnesota, and associates. Said bonds are hereby authorized and directed to be issued and ~elivered to said purchaser forthwith; and the fund of each of said im- provements shall be incorporated in the Tem~oraz~y Lmprovement Fund and the proceeds of said bonds credite~ to said fund ar.~ exvended and accounted for as prescribed in said resolution~ and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the pro¥isions of said resolution. 3. Said bonds shall be designated as "Te~mporary Improvement Bonds ~ ~ " shall be 500 in ntamber and numbered from i to 500, in- of 1960~ First ~er_es ~ ctusive~ each in the denomination of $1,000, shall be dated as of Januaz~y 15; 1960~ and shall all mature, without option of prior payment~ on January 15~ 1962. Ail bonds shall bear interest at the basic ~ate of 4.0C~ per annum from date of issue until raid, and at the additional rate of 2.00~ per annum f~om date of issue until ~aid~ payable semiannually on July 15 and January 15 of each year~ such interest to maturity being represented by two sets of interest couioons~ the coupons representing the additional rate being d~signated as "B~ coupons The ~rincipal of and interest on said bonds, sha_~ be payable at The J~merican National Bank of Saint Paul~ im St. Pau!~ Minnesota, and the Village hereby agrees to pay the reasonable and customaz'y charges of said paying agent for the recei~t and disbursement thereof. The~motion for the a~option of the foregoi~gresolution was duly seconded by ~ .~¢~. ~..~ ..... ~ and on roll call, there were AYES and a~s follows: ~~, whereupon said resolution ~cas declaimed duly passed and adopted: May or Y Village Clerk STATE OF Mi~ESOTAt coom~ oF I~ the umdersigned~ being the duly qualified and acting Clerk of the Village of New Hope~ Minnesota~ hereby attest and certify that (i) as such officer~ I haYe the legal custody of the original record £rmm which the attached and foregoing extract was transcribed~ (2) I have carefully compared said extract with said original record (3) I find said extract to be a true~ correct and complete transcript from the original minutes of a meeting of the Village Council of said Village held on the date indicated in said e~tract~ inc!udin~ any resolutions ado~vted at such meeting~ insofar as they relate to $500~000 Temporary Improvement Bonds of 196% First Series~: and (4) said meeting was duly hetd~ pursuant to call and notice thereof as required by law. WIT~SS my hand and the seal of said Village this .Y~,~ day of · ~ 1960. Village Clerk -3- CORPORATE AUTHORIZATION RESOLUTION Village Council THIS IS TO CERTIFY: That at a meeting of the~~f~i~/~f .......... .V.~.~...~..~.~.e..o..~...N....e~..r....H..qP..e. .................. (~e~t ..m~ of ~orooration) a corporation ~der ~e laws of ~e S~te of ' d~y caH~ and held on RESOLED, That First National B~ oJ ~ is hereby d~i~ated ~ a deposito~ Jot ~e Jun& ol ~s co~oration and any officer oJ ~is co~orafion is hereby au~oriz~ ~ ~e n~e and on behaH oJ ~s co~orafion to open or cause to be opened or to cont~ue or cause to be tongued ~ a~ount or acco~ ~th said Ba~ ~d to execute and de~ver to said B~ si~ature card or c~ds suppled by said B~k contain~g said B~k's usual customer ~e~ent appHcable to such acco~ or accosts ~d the si~atur~ oJ ~e offi~rs or other persons here~aJter named, and ~at any officer oJ ~is co~oration or any o~er person here~a~er named is hereby au~or~e~ for and en behaH oJ ~is corporation or o~e~i~, to endorse or cause to be endorsed, to negotiate or cause to be negotiate, or to deposit or cause to be deposited in such accost or accoun~ any money, ch~ks, ~a~s, OFferS, notes OF O~eF ments payable to or held by ~is co~oration. RESOLED, ~at checks, dra~s or oth~ wi~awal OFd~FS On Jun~ de~osi~e~ in such ~ccoun~ oF accounts ~ay and said Bank is hereby fury authori~e~ to pay ~d charge to ~ueh account or accounts any eh~ks, drafts or other ~thdrawal orders so si~ed, whe~er or not payable to the in~vidual or'er of any of ~e foregoing officers or persons or ~eposited or o~erwi~ applied to his ~id~u~ ~eeo~t o~ benefit. ~ESOLVED, That any ........................................ of ~e lo,owing: (In~e~ one or mom) .................................................................................. , Vie~ Pr~ ......................................................................................... , hereby is or are aa~or~e~, for and on behalf of ~is corporation, at ~y ~ or from time to time to borrow money from First National Bank of M~neapo~s in ~ach amount, ~or such fim~, ~nch rate of inter~t and upon ~ueh terms h, or ~ey may ~ee fit; to execute and ~ver notes or o~r ~denc~ of ~ebt~s of this co~oration ~ewah or e~ensions thereof; to ~dor~e, assi~, ~fer, ple~g~ mor~age or o~er~ hypo~ate to any bills receivable, accosts, contracts, w~house r~eipt~, bffi~ of l~g, ~toe~, bon~, chattels, real ~t~ prope~y of ~is co~po~ation as ~ity for tho p~ent of ~y borrowing or ~ebt~s of ~i~ corporation; to any bi~s receivable of this eo~oration to ~i~ B~k for ~i~eo~t or ~i~o~t, and to waiw ~eman~, protest an~ notice of aishonor; ~a to m~e any o~r ~r~m~t~ ~ ~ai~ B~ wi~ respe~ to any bo.ow~g indebtedness of ~is eorporatlon. ~ESOLVED, That said B~k shall be enfifle~ to r~ly n~on ~ e~fi~$ copy o~ ~ese resolutions until written of modification or rescission has b~n fumi~he~ to an~ ~ive~ by ~ai~ Bink. IN WITHES8 WHEREOF, I have here~to ~ibed my nme ~n~ ~xed ~e ~eal of said corporation thi~ Published ia the aox'th lkamepin Post this-~--., day of o 1960~, RESOLUTION ABANDONING PROPOSED STOI~ SEI~R. II~R.O~ NO. 59-26 BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. That pursuant to duly published notice, a public hearing was held on the 22nd day of September, 1959 at 8:15 o'clock p. m. on proposed Storm Sewer Improvement No. 59-26. 2. Construction of said proposed improvement was not ordered by this Council and in view of additional platting which is now proposed, and in view of several relatively minor changes, this Council does hereby determine to abandon said proposed st®tm sewer improvement No. 59-26 and to void and cancel said proceedings in their entirety. Dated the ~_f~day of January, 1960. Clerk Mayor /! Extract of Minutes of Meeting of Village Council, Village of New Hope, Hennepin County, Minnesota Held January 26, 1960 Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of New Hope, Minnesota, was duly held at the Village Hall at 4200 Nevada Avenue North in said Village on January 26, 1960 at 8:30 o'clock p. m. The following members were present: Honsey, Trucker, Collier, H~i, Ohman and the following members were absent: ~.x~: Marshall Member Trucker introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC REARING ON PROPOSED STORM SEWER IMPROVE- MENT NO. 60-26A (MEADOW LAKE AREA). BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto Bonestr~o & Associates, Inc., Engineers for the Village have heretofore reported to this Council that a storm sewer improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in conjunction iwth any other improve- ment, and that the estimated cost of 'said improvement to the Village is $55,630.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STORM SEWER. I}~V~{ENT NO. 60-26A Village of New Hope, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 9th day of February, 1960, at 7:30 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improve- ment as described hereinafter. 2. The general nature of the improvement is the construction of storm sewer, catch basin,~manholes and appurtenant works, including an overflow outlet line for Meadow Lake, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of Ne~; Hope, County of Hennepin, State of Minnesota, all being situated in Township 118, and Range 21, described as follows:. Meadow Lake Park Addition, Meadow Lake Terrace Addition, SE~ of NE~, Section 6-118-21, including Sullivan's Hillcrest Addition, S~ of NE~ of NE~ of Section 6-118-21, N~ of SE~, 8~¢tion 6-118-21, N~of SXk of SE~ .of Section 6- 118-21, NE~ of SWk of SE~ of Section 6-118-21, E% of NW~ of Section 6-118-21, including Meadow Lake Heights 1st Addition and Proposed Meadow Lake Terrace 2nd Addition, SEk of NWk of NW~ of Section 6-118-21. 3. The estimated cost of said improvement is $55,630.00 4. The area proposed to be assessed for the making of said improve- ment shall include all the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 26th day of January, 1980. William J. Corrick, Don Trucker, New Hope Village Attorney Village Clerk 3900 - 36th Avenue North Robbinsdale, Minnesota Published in the North Hennepin Post the 28th day of January, 1960 and the 4th day of February, 1960. Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Clerk The motion was duly seconded by Member Collier , and upon a vote being taken thereon, the following voted in favor thereof: Honsey, TrUcker, Collier, N~m~bmzkkand Ohman and the following voted against the same: none; whereupon the resolution was declared duly adopted and the Mayor and the Clerk were authorized to sign the same. STATE' OF MINNESOTA ) ) ss COUNTY OF IENNE N ) I, the undersigned, being the duly qualified and acting Clerk of the~ Village of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract and resolution(s) weretranscribed; (2) ~ha~mhc~fully compared said extract and resolution(s) with said original record; I find said extract and attached resolution(s) to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of the said Village held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to Storm Sewer Improvement No. 60-26A of the Village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Village Clerk, and the seal of said Village, this 26th day of January, 1960. (SEAL) Village C'lerk Extract of Minutes of Meeting of Village Council Village of New Hope, Hennepin County, Minnesota Held January 26, 1960. Pursuant to due call amd notice thereof, a regular meeting of the Village Council of the Village of New Hope, Minnesota, was duly held at the Village Hall at 4200 Nevada Avenue North in said Village on January 26, 1960 at 8 o'clock p. m. The following members were present:' Honsey, Trucker, Collier, ~and Ohmanand the following members were Member Ohman introduced the following resolution and moved its adoption: RESOLUTION P~OVIDING FO~ PUBLIC HEARING ON PEOPOSED STORM SEWEK IMPROVEMENT NO. 60-29.(47THAVENUE AND 49TH AVEN%~ NORTH AREA.) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto Bonestroo & Associates, Inc. Engineers, for the Village have heretofore reported to this Council that a Storm Sewer improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the Village is $52,000. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first.of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC Il_EARING FOR PROPOSED STORM SEWER IMPROVEMENT NO, 60 - 29. Village of New Hope, Minnesota. 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 9th day of February, 1960 at 8:00 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of storm sewer, catch basins, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota~ (all im Townshtp"'lt8', Range 21), described as follows:. Mork Campion Manor Addition, Del Heights Additiom%~ Lynncroft Addition, Del Heights 1st Addition, Winnetka Hills Addition, Registered Land Survey No. 100 and Registered Land Survey No. 255, SE~ of NE~ of Section 7-118-21, NE% of SE% of Section 7-118-21, SW% of SW% of NW% of Section 8- 118-21, NW~ of NW~ of SW~ of Section 8-118-21, NEk of SEk of SEk of Section 7-118-21, S~ of SW~ of Section 8-118-21, S% of NW~ of SWk of Section 8- 118-21, S% of NE~ of SW~ of Section 8-118-21. 3. The estimated cost of said improvement is $52,000. 4. The area proposed to be assessed for the making of said improvement shall include all the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement, Dated the 26th day of January, 1960. William J. Corrick, New Hope Village Attorney 3900 - 36th Avenue North Robbinsdale, Minnesota Don Trucker, Village Clerk Published in the North Hennepin Post the 28th day of January, 1960 and the 4th day of February, 1960. Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in ac- cordamce with which said hearing shall be held. ATTEST: Clerk yor k' The motion was duly seconded by Member Collier ., and upon a vote being taken thereon, the following voted in favor thereof: Honsey, ~ucker, Collier,~Fa~lXand Ohman and the following voted against the same; none; whereupon the resolution was declared duly adopted and the Mayor and the Clerk were authorized to stSn the same. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) t, the undersigned, being the duly qualified and acting Clerk of the Vil~ge of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract and resolution were transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract and attached resolution to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of the said Village held on the date indicated in said extract, including any resolu- tions adopted at such meeting, insofar as they relate to Storm Sewer Improvement No. 60-29 of the Village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Village Clerk, and the seal of said Village, this 26th day of January, 1960. Village Clerk (SEAL) TAKING XHTO POS~.SSX~i ~ SUCH VF~LICLES; SHT2~ I1~0 COHT~CTS WITH FO~KKI~E~ FOR SU~t I~OSE, AH~ T~I FIXII~ (~ RATES FOR AHD S~OIAC~ Tt~E~. (1) ~e~e authored by 9rovisio~ of Ch~ 1~ ~r of ~ay other ordinnce of C~ vllla~el (2) ~n a vehicle is upon a roadvay and is so disabled aa to c~sttCuCe an obsCructio~ to traf~i=, a~ Cb ~rson or ~r~o~ in charge of t~ v~c~ ~re b~ ~a~ o~ physical f~ its tt ~ dtrectio~ of t~ Vill~e Po!i~, ~ t~ as parked as to c~todI b~ a polic~ officer; (5) Wh~u any v~hicle tz either leit u~atten~ed upon the street or rc. adway~ or tls pe~aon in charse thereof fails to move it upon directtc~ et the ~tllase ~olice, and ~uch vehicle blocks tk u~ of a fir~ hydrants (6) M~an any vehicle is left parked ~pcr, ~ street for a ccI~ tiuuous period of 68 h~8 ~ ~e, A diligent ~o Chief of Policy ._co ~oCif~ _Oyes, ,,r,o of Impounded _Vehicles, Within Cuelve ho~rs fr~ Cb t~ of Iai of ~ ~cle, ~Cici of ~ fact thc ~~cXe ~ b~n ~~, skil ~ ~nt b~ t~ C~If of Poli~ to aa ber~f, uaf~er provided~ shall be c~n~tdered ~o b~ in ~h, custody of ~he lay. and no york sIM11 be dom ~hereon by ~lm poun~kee~r, nor shall he per~ auyone ~o do any work ~lureou excep~ ~bs impou~ aud e~ora~e ~hereef by his employee or his qeu~ un~l! such care ~~, released co cbt omaer as here:Luafcrr pro- vid~d; all ~ch cars mu orde~ re.aired bY r~m ~olice IMpar~mon~ shall be br~ln prwl~. ~ ~~~r d~ cb't~ cb ~cle ts ~~d s~ll not parade Cbs ouMr or ~y other per~",on to t~ ~ rm fr~ tb ~cle any ~~ ~Lf~a Cb ~ ~~C ~ thy coeur tbnCo~ ,.Secti~ 4. ,~eloase. Up~ ~urn of ch~ v~hicle th~ ~~r shall relea~ Cb om by a ~lem ia ~tin~ ~ shall sta~ cb ~ce of su~ ~ lea~, ~t~r ~Ch C~ c~ef e~a~ t~e~ ~ t~ ~ooe i~ v~ c~r~es ~ ~, Su~ relea~ ~ll be m~ In ~ ~ml a~ c~ee c~ieo~ all o~ ~ch ~ll ~ a~S~ by C~ ~k~r ~ ~ ~r~ Co v~ ouch ~ lea~ ~ ~. ~ ~~r m~ll ~ta~n t~ orig%~l of au~ ~lease ~ ~olt~ ~pa~. r',i sl ~ copra t~ ~olict N~r~nt 0~11 ~llver ~ to ~ectic~ 5. ~_~_.~. A ~TlCtsn re~or~ shall be mdc by the Police ~eparto ~nc ~ a~ u~cupLed or ~ed ~le ~c~d; su~ ~po~ e~ll sh~ t~ ~8~Cl~ of t~ ~ or~r~ b~ add Foltce ~C~ a~ t~ off~ for ~ch (1) liake st car; (~) Seriall~ber; (~) l~nber of tir~; (~) Tools ami .ibex separate articles of persc~l pro~ercy~ (6) General description of tlme ca~ with regard to condition, dinmsed psrts and o~her such lutormatiou aa may b~ neces- sary co adequately describe the vehicle ami l~Operly delivered ~o the pooudkeepero copy ol ~uch .-~port, signed by ~he officer or office~a, shall be ~livm~d ~o ~uch r=po~ ~ s~ll c~ck ~ ~t, ~ ~s 8ig~t~ t~ shall be co~idmnd a ~ce!pC for Ck ~cle ~t p~rty ~s~tb~ tn ~d realp~ $~ll ~ ailed In t~ Foll~ SectioU_6o Bldm.._.~ The vllls~e council ~y In its i~ bids by ~a, ii.a, or c~att~a, ist~l~ Co act as ~le~ra of t~ p~~r. a file in tk office ami c~r~t is k~y ~ p~t of t~8 ~l~ aa fully ~ co tb ~ eftect (2) The storage charse of $.75 per day for sutside storage and SloOv a da~ for inside etorqe, from the day of tupoundin~ and for eeeh 24 hours or frection t~ereof Mafrero Pemalt~o 11~ payment of to~ ami ~e horie~ sh~11 not operate to relieve the violetim of ~7 X~w or ordinance c~ account of ~htch the said vehicle pas ~ct..~_!~_~. Peamdkee~ar to ~ost E.,~.~o The poandkeeper shall pcet a bo~o Au ~b ~ of ~1,~ to ~ !ibd ~th ~ villqe c1~, for ~b i~iyi~ of t~ ~r of a~y ~ i~~ ~cle ~ai~t ~ l~s t~of ~ inJ~ or ~ ~to v~le in tb ~t~y of ~aid ~~; ~ also ~id b~ ~, lusuraUCeo The pcundk~-,~er shall carry the insur~a~_~ cover~ age a~M~! upon in ica towln~ cou~ract with cbt vlllase~ said insurance to be in a good reliable £n~urance compa~ licensed to do business in the State of Hlm~sotao 1~a p~ndkee~er shall fu~atsh a~d file ~lth Ch village clerk, a certificate of such insurance of the insurer, vhich shall contain emlor~e~ncs providing for a ten-day notice Co the village t~efore cancellation and chat the poundkeeper will save the vlllase ha~!oss of and fro~ all claims, expenses or damages arising ~t of the perfot-mumce of m~ah contract. If bond or policy of tnsuran~ is ca. called, the conC~act, before date of cancellation, shall f~ruish the file a similar ~ev ceetificateo ~allure co comply with the provisions hereof shall automatically cancel the ccntract as of the date of cessation of such tnsu~Tance, ~o ?art of Comt_r~c}. This ordinance shall be and constitute part of any big a~ve~laed hy ~ vill~e ~ o~ ~y c~t~t e~ered into C~ vill~e by amy ~e~r, as full~ ~ to tk m effect aa tf set forth at l~eh t~ln a~ if any pa~ ~ ~tl~ of any su~ c~t~act en~d into and l~bl~.cat:lon accordf,~ ~o ~,~ Paoi~d by ~b~ Couucti o-~ ~h~ Vtll~ oi ~ N~p~ ~h~m _.._... day oE ~ I~0o , 1~60o Extract of Minutes of Meeting of VilLage Council Village of New Hope Hennepin County, Minnesota Held February 9, 1960 ~regular meeting of the Village Council of the Village of New Hope, Minnesota, was duly held at the Village Hall at 4200 Nevada Avenue North in said Village on February 9, 1960 at ~:00 o'clock p.m. The following members were present: Honsey, Trucker~ Collier, Marshall, Ohman and the following members were absent' None. Member Trucker introduced the following resolution and moved its adoption: RESOLLrrION PROVIDING FOR PUBLIC HEARING ON PROPOSED (L~iTERAL) SANITARY SEWER IMPROVEMENT NO. 60-22 BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1, It is hereby found and determined that 0rr-Schelent Inc. Consulting Engineers for the Village have heretofore reported to this Council that. a 'Lateral Sanitary Sewer improvement for the Village as hereinafter described is feasible and may best be made as proposed.and not in conjunction with any other improvementl and that the estimated cost of said improvement to the Village is $470t9OO.OO. 2, This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3o The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post~ being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: PR P~ED .... -~ · O~v~, LA:~,~L SANITARY SE?~EK I~/,PKOVEI;a[NT NO. 60-2,2 V?': lac,~ of k?.tw ~4 ..... i?~innesota !~. Hotic$ is hereby ~ivon that the Village Council of the Village [Tow Hopo? it, lianesota: will m~et on the first day of laarCh,. 1960 at o'clock pom~, at the Villace Hall~ 4200 Nevada Avenue Horth in said .... ~='~ ~"'~lic hearing on a proposed ~-~ovement as descri~d ~ -.,~ qenerai nature of tee improvement is the construction of ~ral Sa' ' .... . .~"' nl~a~y $'owor Ir~o~a~~ -~' ' ' ' ' ~n~ house services, manholes, and all other ~' ~urtenant wo~ks an.~ soP;ices re~osonably required therefor,, to serve an ...-aa in th~ Vi!la~e o* [~w H~o~ oo~.~,.~y of Hennepin, state of ftiinnesota, ~ccribed as ~o~lows: .,.~.~ of the northwest one-quarter (N~) That pa~t o£ the s~.ath~act cne--q~a?ter (SE~) of the Northwest one-, querier (~'~t) ol ~oc't~ 5 '~ ~ ~'-' ' . ......... , xc,v.~;~p 118, Range 21, lying in the Villa:~.~ o.~ New ;-: .... /'f. inn~sota ~.hep,.-,~o,~,~.y,, ab:- ; sin ~a-,. ew Avenue from a point 700 feet ea~% of W' · xcac ~'~ '_-.::o t~ a psint 1320' east' of Winnetka Avenue., "'-~ - :fy-~ .... *;'~ o.~ /'~'~' '''~ ....... North between ~;;innetke Avenue and '- s:~sr~ Aven:~e between 27th Avenue North The ~,,~'~" ti::u. [dz~! '~ and ~' .... " he~c~,h 3,36 feet cf the .~-~,.~. 949 feet of the northeast ,~ ~,,~ nor:beast one-quarter (~) of Section 6, Pra~~~.,.,~, i.~leadcw~'~'-~.,..~ Park ~'^-'. ,, Additi-.~_..,,,. and i~ieadow Lake Heights, , Addit 'Zen The ~orthe c,'~e-~,~=rt=~ (r%D~P4) of asr .... ~: ...... t~.- northwest one-quarter Of SOS'5 .,.~., ,; ~,,., z~,~ :iai:go Proposed ~-,~,^~d Hills Addition The southeast one--quarter (SE~) of Section 18, Township 118, Range 21o Proposed ~est !~in:qetka Park The east cne.--kalf (E~) of the southwest one-quarter (S~) of Section :9: Township 118. Range 21. The west l~°C, feet of the southwest one-q, aarter (5~'/4) of the southeast one-q:mrter ($E'/4) of Section 19, Township 118,. Ranq. e 21. The east IC~: cf the west one-half (~) of the southwest one- quarter <27:~4) cf 'Section 19: Township 118~ Range 21. Wonderland Ist Addition The east 270 feet of the southeast one-quarter (SW~4) of the southwes~ one---quarter (S~'/4) of Section 17, Tow.r~' 'p l18v Range 21. Proposed Twin Terra Linda Additicn The southeast ~ne-quarter (SE~) of the southeast one-qusr'~er' of Secti'n l~. Uzv~nship 118~ Ean~e 21. 3. The ~sti~;~;.";9~ cost of s~id improvement is $470,900~0 4. The .~rea kcror~sed to be assessed for the making o~ said improvement s':all i:~ci~:de all the premises described in paragraph 2, above, 5. All -]crsens interested are invited to appear at said hearing for the ~arp~se of being heard with respect to the making of said improvement. Dated tL~ ni:'~';'.-~ day of February: 1960. Don Trucker Village Clerk ~illiam Jo Cerrick New Hope Village 3900 - 36th Avenue Horth Robbinsdale: ~innesota Published in %he N3rth Hennepin ?ost the 18th and the 25th days of February~ 19600 Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in accordance with which said hearing shall be heldo ATTEST: /Y[ /~ ' ~ ~ Clerk Mayo~ The motion was duly seconded by Member Collier, and upon a vote being taken thereon, the following voted in favor thereof: Honsey~ Trucker, Collier, Marshall, ehman and the following voted against the same: None whereupon the resolution was declared duly adopted and the Mayor and the Clerk were authorized to sign the same. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract and any resolution(s) were transcribed; (2) 'I have carefully compared said extract and resolution(s) with said original record; (3) I find said extract and attached resolution(s) (if any) to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of the said Village held on the date indicated in such extract, including any resolutions adopted at such meeting, insofar as they relate to Sanitary Sewer Improvement No. 60-22 of the Village; and said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Village Clerk, and the seal of said Village, this ninth day of February, 1960, .... Villa'ge Clerk (SEAL) RESOLL~ION CONSOLIDATING PRDPf~ED STO~LM SEWER IMPi~VEMEN'I~. 60-29 ~ 60-26A TO A SING~ P~C ~KOV~ TO BE ~ ~ P~OP~ED ST0~ $~R ~~ NO. 60-26B. BE IT ~-RSOLVED by the Village Council of the Village of New P~pe, as follows: 1. That a public hearing was held by this Council on Proposed Storm Sewer Improvement No. 60-29 on February 9th, 1960 at8 o'clock p. m. at the New Hope Village Mall in said Village, after notice of said public hearing duly published as required by law in the North Hennepin Post on ~amuWrF:28th, 1960 and February 4th, 1960. 2. That a public hearing was held by this Council on Proposed Storm Sewer Improvement No, 60-26A on February 9th, 1960 at 7:30 o~clock p. m. at the Village Hall at-4200 Nevada Avenue North in said Village, after notice of said hearing duly published as required by law in the North Hennepin Post of January 28th, 1960 and the 4th day of February, 1960. 3. That the above-described proposed storm sewer improvements, although separately instituted, can be more economically completed if con- solidated and joined as one project. 4. That it is hereby determined and ordered that the said above- described proposed storm sewer improvements, Nos. 60-29 and 60-26A shall be and hereby are consolidated, and all subsequent proceedings shall be conducted in all respects as if the various separate proceedings had originally been instituted as on~ proceedings, pursuant to Minnesota Statutes, 435.56. 5. That the said consolidated proceedir~s shall be hereafter known as ~StormSewer Improvement No. 60-26B. Dated the 9th day of February, 1960. Attest: r Glerk Mayor (Seal) RESOLUTION ORI~P, INC CO~STI~CTION OF STORM S]iI~'ER IMPROV~:NT NO. 60-26]~. BE IT RESOLVED by the Village Council of the Village of New Hope, as follows: 1. That certain Proposed Storm Sewer Improvements Nos. 60-29 and 60-26A were initiated separately, but were consolidated by resolution of this Council, dated the 9th day of February, 1960, entitled "t%esolution Consolidating Proposed Storm Sewer Improvements 60-29 and 60-26A to a Single Public Improvement to be Known as Proposed iStorm Sewer Improvement No. 60-26B." 2. That this Council has considered the views of all persons interested, and being fully advised of the pertinent facts, public hearings having hereto- fore been held for the said consolidated improvement as required by law, does hereby determine to proceed with the making of said Storm Sewer Improvement No. 60-26B, as consolidated. 3. Otto Bonestroo & Associates, Inc., Village Engineers, are hereby ordered to proceed with the preparation and making of plans ~and specifications for said improvement. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notices of public hearing as published in the North Hennepin Post of January 28th, 1960 and February 4th, 1960 for Proposed .Storm Sewer Improvements No. 60-29 .and 60-26A. Dated the 9th day of February, 1960. Attest: G lerk Mayor (seal) R~SOLUTION VACATING ~RTA~N STP~TS IN HO~S B~IGH~ ADDITION, HENNEPIN COUNTY, BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. Pursuant to duly posted and to duly published notice in the North Hennepin Post, the official newspaper of the Village for two weeks heretofor, a hearing was held by this Council on the 23rd day of February, 1960 pertaining to the petition of a majority of the owners of land abutting on the following described streets to vacate the said streets. That part of~Schmitt Street, as originally platted in the recorded plat of Howland's Heights, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said county, which is included within the East line County Road No. 18, as now established, and the East line of the West Half of the Southwest Quarter of Section 19, Township 118, Range 21. Also, that part of Esther Street, as originally platted in the recorded plat of Howland's Heights, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of ~eeds in and for said county, which is in- cluded within the East line County Road No. 18, as now established, and the East line of the West Half of the Southwest ~aarter of ~6%) of Section 19, Township 118, Range 21. Also, that part of Harrison Avenue, as originally platted in the recorded plat of Howland's Heights, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for said county, which is in- cluded within the extension East of the North line of Osmer Street, as originally platted in the above-mentioned plat, and the extension East of the South line of Schmitt Street, as o~ginally platted in the above--mentioned plat. Also, that part of David Avenue, as originally platted in the recorded plat of Howland's Heights, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the ~gister of Deeds, in and for said county, which is included within the North line of Osmer Street, as originally platted in the above-mentioned plat, and the South line of Schmitt Street, as originally platted in the above-mentioned plat. 2. After affording an opportunity to be heard to all persons who cared to be heard as to said proposed vacation of struts, this Council hereby finds and determines that it appears for the interest of the public to vacate said ~reets, and they are hereby declared to be vacated, pursuant to Minnesota Statutes, 412.851. 3. The Clerk is hereby directed to present to the proper officers of Mennepin County a notice of completion of the said vacation proceedings in accordance with Section 117.19, Minnesota Statutes. ~ated the 23rd day of February, 1960. Attest: Mayor -2- ~s~a will ~et ~a ~ C~ncil Cheer at t~ ~ Ho~ Vtlla~ ~ll, F~~, 1~0 at 8 o~clock p. m ~ ~ar, c~sl~r a~ ~ss up~ all w~ten ~ ~l~s t~of et ~la~*s ~hts ~itti~ in t~ s~d Vill~e of ~ ~h~t part vi $~'~aitt Strmet, aa originally platted In t~ rec~ plat oi ~la~s ~ts, ~pin C~ty, lt~s61, a~~ to ~ plat t~eof a f~le and of rec~d ~n ~ office of t~ ~ts~er of ~ds in a~ for said c~uty, which li~ County R~d I~. 1S, as n~ establish, and t~ Eas~ lt~ of t~ ~es~ hlt oi the Sourest Quarter ~ of ff~) of ~tl~ 19. T~ship i18, ~ A'~so, that par= of E$~h~r S~-r~e~, as ori$irmtly platted in the recorded plaC of H~land~s acc~di~ ~o o! ~ hiiste~ of ~s in ~ for said ~n~y, v~ch is i~luded ~thin c~ las~ ll~ ~y Ro~ No. 18, as u~ est~blis~, and the ~ast lane of that part of ~a~risen Avenue, as originally platted in t~e ~ecorded plat Re~ister of 9~s, in t~ f~ said c~nty, which is included able ~ntl~ plat. Also, that part oi David Avenue, as originally pla~teg in the recorded plat Of Hovlaad's l~hts, ~pin C~nty. ~s~ta. acc~ to of ~Is, in a~ for ~ig c~nty, ~tch is tflcl~d ~hin t~ N~th ll~ .off ~r Strut. as origi~lty platt~ In t~ ~ ~ti~d plat, a~ t~ .SoUth ll~ of ScOtt S~t, as ~i~t~lly platted in t~ ab~ Mnti.~ plat. All persons desiring to be heard in connection with the consideration of the aba~e-~euctm~d vlca~Ins et the said streets are ~y t~equested 'to be p~esent at said meeting and. to make their objections, ii any, to..aaid vacating, BY om~lt (~ Trig VX~ COUNCIL Orclinance No. 60-6 Chapier No. 36 AN ORDII~ANCE FOR THE GOVERNMENT AND OPI~.RA- TION OF THE WATER SYSTEM OF THE VILLAGE OF NEW HOPE, ESTABLISHING A WATER DEPARTMENT, PRO- MULGATING REGULATIONS GOVERNING MUNICIPAL WATER SYSTEM CONNEC- TIONS AND SERVICES, AFFIX- lNG WATER RATES TO BE CHARGED AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF Village of New Hope THE VILLACE COUNCIL OF THE VILLAGE OF NEW HOPE ORDAINS: ARTICLE I. GENERAL PROVISIONS SECTION 1. Title and Establishment o[ F?ater Department. This Ordinance may be referred to as the "Water Ordinance of the Village of New Hope." There is hereby established a Water Department for the Village of New Hope. The water system of the village, as it is now constitfited or shall hereafter, as the Village Council may from time to time direct be enlarged or extended, sl~all be operated and maintained under the provisions of this ordinance, sub- ject to the authority of the Village Council at any time to amend, alter, change or re- peal the same. SECTION 2. Village Council. The Vil- lage Council shall have charge and man- agement of the water system, subject to such delegation of the authority to the Sup- erintendent of the Water Department, the Village Engineer, and to other village em- ployees as the Council shall provide. SECTION 3. Superintendent o/ the Wa- ter t)epartment. The Village Council (sub- ject to applicable Civil Service regulations) shall, from time to time, appoint a person to serve as Superintendent of the Water Department, and to receive such compen- sation as shall be determined by the Coun- cil. SECTION 4, Superintendent. The Super- intendent shall supervise the installation of water-service pipes and their connections to the water mains and enforce all regula- tions pertaining to water service in this village m accordance with this ordinance. This ordinance shall apply to replace- ments of all existing service and ap. purten- ant works as well as to new servme and appurtenant works. SECTION 5. License Required. All in- stallations of water-service pipes, meters, and connection to the municipal water sy- stem shall be made by a plumber, licensed by the village. The Superihtendent shall have power to suspend the license of any plumber for violation of any of the pro- visions of this ordinance; a suspension, un- less revoked, shall continue until the next regular meeting of the villa£'e council, The Superintendent shall notify the plumber immediately, by personal written notice (or by verbal notice confirmed promptly in writing) of the suspension, the reasons for the suspension and the time and place of the council meeting at which he will be granted a hearing. At this council meeting, the Superintendent shall make a written report to the Council, stating his reasons for the suspension, and the Council, after fair hearing, shall revoke or confirm the suspension for a fixed period of time, or take any further action that is necessary and proper. SECTION 6. Permit Required [or Con- nection to Water System. Before any per- son, firm, corporation, or other association shall make a connection with the municipal water system, he or it shall obtain a written permit therefor. The application for the permit shall be filed with the Village Clerk on blanks furnished by the Clerk. The application shall include the address and legal description of the property, the name of the property owner, the name and ad- dress of the person who will do the work and the intended general uses of the water. Said permit shall not be issued until the application is approved by the Village Council or its designated agent and the fees and charges required under this ordi- nance have been paid or deferred payment requested and approved. The Superintendent may at any time, revoke the permit for any violation of this ordinance and require that the work be stopped, or if already completed, that it be removed and the vio- lation corrected. The owner or plumber may appeal such action in the same man- nec provided in Section 5 of this ordi- nance. SECTION 7. Water Connection Inspee- ~o~ Fee. Before any permit is issued, the person who makes the application shall pay $10 to the Villace Clerk to cover the cost of issuing the permit and supervising, regu- lating and inspecting the work. This fee shall be separate from and in addition to any connection charges payable. SECTION 8. Connection Charges. A con- nection charge shall be paid for connecting with the municipal water system. The amount of such connection charge shall be: (a) PLATTED PROPERTY OF 10,000 SQUARE FEET AND LESS. (1) Tru~ and laiera~ c~arge& A sum of money equal to $6.67 per lineal foot, for each and every foot on the shortest side of the lots or parcels of land front- ing on the water main with which the connection is made, but not less than $500 per lot. (2) Trunk charge* only. Where the cost of both the installation and the materials used in the construction of laterals, ser- vice pipes and accessories are paid for by private funds, at no expense to the Village, the premises whi(h receive water from the municipal water system through such laterals, service pipes and acces- sories shall pay a connection charge as follows: A sum of money equal to $1.33 per lineal foot per each and every foot on the shortest side of the lots or par- cels of land fronting on the water main with which the connection is made, but not less than $100 per lot. (b) UNPLATTED PROPERTY A N D PLATTED LOTS OF MORE THAN 10,O00 SQUARE FEET (I) Lateral charges. Charges made for lateral service shall be equal to $5.33 per lineal foot, for each foot on the shortest side of the lot or parcels of land front- ing on the water main with which the connection ts made, but not less than $4150 per parcel. The footage charged for shall be increased to include those sides of the parcel which can reasonably be expected to have lateral water construc- tion in the future; provided, however, that upon application by the property owner to the Village Council the charge for the said additional footage shall be deferred, without interest, until con- struction of the water lateral(s) actually takes place. (2) Trunk charges. Charges for water trunk shall be made on the basis of $360.00 per acre, including border street areas. (Border street areas shall be iu- eluded to the extent that the street would revert to the premises in q.uestion under the law applicable to vacatmn of muni- cipal streets.) Trunk charges paid on this basis shall not be duplicated at such time as the parcel is subdivided in the future. SECTION 9. Time and Method o[ Pay- merit. (a) Water connection charges payable under subsection (a) and (b) of Section 8, shall be paid at the time the permit for such connection is issued, except as here- inafter provided. (b) Upon written request of the owner- occupant, approved by the Village Council~ water connection charges prescribed under Section 8a and b shall be paid in the fol- lowing manner: (1) One-quarter of the sum payable un- der Section (a) (1) shall be paid when the water connection permit is issued; one-quarter of said sum shall be due and payable every three months subsequent to the issuance of the permit, until the full water connection charge is paid. The actual month of beginning, shall be consid- ered as having begun on the 1st or the 15th of the month, whichever is closer. (2) If payment of any installment is not made within 10 days after the due date, a oenalty of 10% shall ae added to the amount due on such installment. The Village may shut off water service for failure to make payment when due, which shall not be restored until the installment and penalty, plus costs of shutting off and turning on the. water, are paid. SECTIOI~ 10. Excavations. Excavations to do work under this ordinance shall be dug so as to occasion the least possible in- convenience to the public and to provide for the passage of water along the gutter. All such elevations shall have proper bar- ricades at all times, and warning lights from one-half hour before sunset to one- half hour after sunrise; and shall be made in compliance with the provisions of Chap- ter 9, Ordinance No. 55-6. If the opening is to be made for .any .purpose whereby water mains or service pipes are exposod~ sufficient measures shall be taken by the person or persons making the excavation, to protect the water system from freezing. SECTION 11. Tampering. It shall be unlawful for any persons not authorized by the Villa£,e to connect to, tamper with, alter, or injure any part of the Village water works or supply system, or any meter. SECTION 12. Plumbing. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the Village; provided, that water may be turned on for construc- tion work in unfinished buildings, subject to provisions of this ordinance. After giv- ing reasonable notice, the Superintendent may shut off the supply of water to any consumer because of any substantial viola- tion of this ordinance. The supply shall not be turned on again until all violations have been corrected and the Superintendent or the Village Council has ordered the water to be turned on. SECTION 15. Checkvalves. Checkvalves are required on all water connections to steamboilers or on any other connection deemed by the Superintendent to require one. Safety and release valves shall be placed on all boilers or other steam appara- tus connected with the water system where the steam pressure may be raised in excess of 50 lbs. per square inch. SECTION 14. Use o[ Water Dnrin~ Fires. It is hereby declared to be unlawful for any person in this Village or any per- son owning or occuping premises connected to the municipal water system to use or allow to be used during a fire any water from said water system, except for the pur- pose of extinguishing said tire, and upon the soundinL, of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed, and that no water is used except for necessary household purposes or essential to commer- cial operations during said fire. SECTION 15. Continuous Flow Prohib- ited. In order to prevent waste or excessive use of water or irregularity of pressure, no person shall allow ~vater to flow continuous- ly in order to guard against freezin, g .or for any other purpose, except by permlsslon from the Superintendent; provided, however, the Superintendent may at any time, re- scind such special permission when he shall deem its continuance to be detrimental to the operation of the water system and the service available to other consumers. SECTION 16. Emergencies and Repairs. The Superintendent is hereby authorized to limit or disocntinue the supply of water, cases of emergency, and to shut off the supply of water for repairs or extensions, he being the judge of the time and neces- sity. SECTION 17. De[iciency o~ Water. The Village shall not be liable for any deficiency or failure in the supply of water to con- sumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or for any other cause whatsoever. SECTION 18. Consent to Regulation. Every person applying for water service from the municipal water system, and every owner of property for which such application is made, shall be deemed by such application to consent to all rules, reg- ulations, and rates contained in the ordi- nances of the Village, and to all modifica- tions thereof, and all rules, regulations and rates duly adopted hereafter. ARTICLE II. SERVICE PIPES SECTION 19. Installation. All service pipes from the curb box to the premises served shall be installed by, and at the cost of, the owner of the property to be served. Such installation shall be under the in- spection of the Village. SECTION 20. Expense. All repairs for service pipes out to their connection with the street mains, including any repairs necessary to the curb box, and plumbing systems of building, shall be made by and at the expense of the owners of the prem- ises served. The Village may, in case of an emer£'ency, repair any service pipes, and if this is done, the cost of such repatr work shall be repaid to the Village by the owner of the premises served. The Superintendent shall be the sole judge of the existence of an emergency. SECTION 21. Depth and Sixe. Service pipes shall be placed not less than 7 feet below the surface from the main to the building line and in all cases so arranged so as to prevent rupture or damage from freezing. Service pipes must be of a size specified in the permit order and for resi- dential installation it shall be of a ~4" type K copper; in all other cases it shall be of a type K copper and of the smallest size that will insure an adequate supply of water for both present use and for reasonably anticipated future use. SECTION 22. Stop Boxes. Such service pipes must extend from the main to the inside of the building, or if not taken into a building, then to the hydrant or other fixtures which it is intended to supply. A stop-caulk must in all cases be placed out- side any box and a shut-off or other stop- caulk with waste, of the size and strength required shall be placed close to the tn- side wall of the building, well protected from freezing. All stop boxes at the curbs shall be set between the curb and the building, if practical. SECTION 23. Supply from One Service. Not more than one house or building shall be supplied from one service pipe connect- ing with the street main, unless by special permit Such house or buildinp shall have a separate stop box. SECTION 24. Inspection of and Approv- al. All water-service pipes and their con- nections to the municipal water system must be inspected and approved in writin~ by the Superintendent before they are covered, and he shall keep a record of such approv- als. If the Superintendent refuses to ap- prove the work on the grounds of improper or inadequate compliance with specified Village requirements, the plumber or owner shall proceed immediately to correct the work so that ~t will meet with his approval. Every person who uses or intends to use the municipal water system shall permit the Superintendent or his authorized agents to enter the premises to inspect the water pipes and appurtenances at all reasonable hours. ARTICLE III. METERS. SECTION 25. Water to be Metered. No water shall be furnished to any t/onsumer from the municipal water system unless the same is measured by a meter, unless by special permission of the Village Council. SECTION 26. Installation; Ownership and Control Meters. All meters shall be furnished and installed by the consumer. Meters shall be installed in a location that will be easy of access. Upon connection with the municipal water system, alt meters shall thereafter be deemed the property of and under the control of the Village; the applicant for the connection permit waiving and releasing all claims thereto. SECTION 27. Meters. No water meter shall be installed and connected to the municipal water system unless it conforms to the following requirements: (a) Meter shall be standard approved cold water meters of the size indicated in conformance with AWAA Standard Specifications 7 M. 1. (b) Meters shall have a bronze case with a slot to insure correct positioning of the measuring chamber. (c) %ths inch, ¢4 inch and 1 ioch meters shall have a cast iron frost bottom. (d) Meters shall be of the Nntat/ng type. (e) Measuring chambers for %ihs inch, ~ths inch and 1 inch meters shall be of Arum bronze, to have a hard rubber bearing plate for the thrust roller, and disc piston complete with a Monel thrust roller. Chambers to be snap-joint screw- less type. (f) Measuring chambers for lb" and 2" meters shall be of Arum bronze with a hard-rubber thrust roller and bearing plate; the two chamber pieces shall be secured by three screws. (g) Meters shall have a 4-£'ear reduction to he well enclosed and in no way at- tached to the measuring chamber. (h) Meters shall have a straight reading, U.S. gallon register, and the register shall be without screws. (i) Meters shall have a .Vlonel inlet and outlet strainers. (j) The %tbs inch, ~ths inch and 1 inch meters shall be equipped with straight connections and gaskets. (k) The 1~" and 2" meters shall be equipped with flange connections with bolts, nuts and gaskets. SECTION 28. Maintenance of Meters. Meters shall be maintained by the Village, as far as ordinary wear and tear are con- cerned; but damage due to freezing, or due to hot water, or external causes, shall be paid for by the consumer. The Village re- serves the right to discontinue water ser- vice upon reasonable notice if such repair bill is not paid. The consumer shall notify the Village of any injury to the non- working of the meter, as soon Oars it comes to his knowledge. 8ECTION 29. Meter Reading Conclusive. Where the water furnished is measured by a meter the meter shall be read quarterly and the quantity recorded by the meter shall be conclusive on both the consumer and the Village, except when the meter has ceased to register, in that case, the quan- tity may be determined by the average registration of the meter when in order. If the Village is unable to read the meter for any reason, an estimated bill will be prepared based upon past experience with this customer or within the Village water system, which estimated bill shall be quested in accordance with actual meter readings, when made. SECTION 30. Testing Meters. Any water meter connected to the municipal water system shall be taken out and tested upon complaint of the consumer, upon payment of a fee of $3.00. If upon test the meter is not within 3% of being ac- curate, it shall be repaired or replaced and the $3.00 fee returned to the consumer, but no refund of any water bill paid shall be made. SECTION 31. Water Rates. Water loill- ings shall be concurrent with sewer bill- ings. The rates for water, furnished to con- sumers by the municipal water system shall be as follows, a. Single Family Residence. (1) The minimum quarterly charge shall be $9.00 for each connection. (2) The first 30,000 gallons metered dur- ing each quarter shall be billed at the rate of 35c per 1,00'0 gallons; all water metered thereafter for the quarter shall be billed at the rate of 30c per 1,000 gallons. b. Multiple Dzvellings. (1) The minimum quarterly charge shall be $9.00 for each housekeeping unit. Rates for each housekeeping unit shall be computed on the same basis as for a single-family residence. (2) Where a multiple dwelling has one meter, which shall be read quarterly, the same rate as specified in paragraph 3la shall apply, except that the reduction of tare from 35e to 30c per gallon shall take effect on all gallons metered in ex- cess of 30,000 gallon times the number of housekeeping units in the dwelling. c. Schools. The rates shall be 30c per 1,000 gallons. d. Fire Protection Hydrants. There shall be an annual charge of $50 for each private fire hydrant. All private hydrants shall be installed at no expense to the Village, and shall be approved as to plans and specifications by the Village, and all such construction shall be inspected and approved by the Village, and all costs thus incurred by the Village shall be reim- bursed to the Village by the owner of the property. e. Miscellaneous. The rate provided in section a above, shall apply to every connection to munici- pal water system unless either covered by a specific subsection of this sectiou or where other rates have been provided for by a written agreement between the con- sumer and the Village Council. SECTION 32. Accounts in the Name o~ Property Owner. All accounts shall be car- ried in the name of the owner who per- sonally, ox by his authorized agent, shall apply for water service. Said owner shall at all times be liable for water service con- stoned upon the premises whether he is occupying the same or not. Upon request of said owner, the bill for the water charge may be billed to the oc- cupant of the premises served, but said owner shall remain liable for the amount billed, together with interest and penalties if any occrue. SECTION 33. Payment. AIl bills shall be due and payable when rendered. If payment is not made within 10 days of mailing of the bill, a penalty of 10% or 50% which ever is greater shall be added to the bill. The actual month of beginning shall be considered as having begun on the 1st or 15th of the month, whichever is closer. Water bills shall be considered to be in default on the 1st day of the month fol- lowing the mailing of the bill SECTION 34. Non-Payment. The water supply may be shut off from any premmes for which the water bill remains unpaid and in default. When shut off, the water shall not be turned on except upon the payment of the bill, together with interest thereon at the rate of 6%, and payment in an amount to be determined by the Council to cover costs to the Village Clerk for restoring service. Provided, however, that if the consumer of water whose bill is unpaid is not the owner of the premises, and the Village Clerk has notice of this, then notice shall be mailed to the owner of the premises as indicated on the Village records, and the water supply shall not be shut off unless the bill with interest is not paid within 10 days after said notice is mailed. The Village Clerk will mail such notice within 20 days after the due date. ARTICLE IV. PUNISHMENT AND SEPARABILITY. SECTION 35. Violations. Any person, firm or corporation violating any prov!sio, ns of ibis ordinance shall, upon convtctmn thereof, be punished by a fine not exceed- ing $100 or by imprisonment for not ex- ceeding 90 days for each offense; and sep- arate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 36. Invalidity. It is the in- tention ot the Village Council that this or- dinance, and every provision thereof, shall be considered separable; and the invalidity of any sect/on, clause, provision or part or portion of any sect/on, clause, or provis/on of this ordinance shall not effect the validity of any other portion of this ordinance. SECTION 37. Effective Date. This ordi- nance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Villag'e of New Hope this lSth day of March, 1960. M. C. HONSEY, Mayor. ATTEST: DON TRUCKER, Clerk. (Published in The North l-Iennepin Post, March 24, 1960). CHAPTER 23B ORDINANCE NO. 60-1 AI~ ORDINANCE ESTABLISH- ING CHARGE B FOR THE CON- NECTION OF CERTAIN BUILD- ING SEWERS TO THE PUBLIC SEWER, OF THE VILLAGE OF NEW HOPE, SUPPLEMENTING THE CHARGES OF THE SEWER CONNECTION ORDINANCE. Section 1. Definitions. The definitions contained in Chapter 21, Ordinance 57-17 and Chapter 22, Ordinance 57-18 of the Village of New Hope, shall apply to the usage of the same terms in this ordinance. Section 2. Sewer Connection Permit Charge B. A fee, hereinafter designated as Charge B, shall be paid for the issuance of the sewer connection permit to supply sewer service to premises within the 'roi- lowing described areas: 1. That part of the village lying North of 42nd Avenue North. 2. That part of Section 7, Township 118, Range 21, lying South of 42nd Avenue North. 3. Section 18, Township 118, Range gl except the Southeast one quarter (SE¼) of the Northeast one quar- · ~er (NEVi) thereof. 4. The North one-half of the North one- half of Section 19, Township 118, Range 21. 5. The North 660 feet of the West 660 feet of the Northwest one quarter (NW ~ ) of the Northwest one quarter (NWM) of Section 21), Township 118, Range 21. 6. The West 165 feet of the Northwest one quarter (NW~) of the South- west one quarter (SW~) of Sec- tion 17, Township 118, Ran£~e gl. £harge B. provided in this section, shall be paid in addition to the inspection fee provided in the "Sewer Ordinance in the Village of New Hope" and the sewer con- nectmn permit charge provided in "The Sewer Connection Ordinance." Section 3. Determination of Amount of Charge B. Pursuant to Minnesota Stat- utes, Section 444.075, Charge B shall be fixed by reference to the portion of the cost for Sewer Improvement No. 7 which has been paid by assessment of the prem- ises to be connected in comparison with the amonnt paid by assessment for Sewer Improvement No. 7 by those premises in the village outside the areas as stated in Sec- tion 2 of this Ordinance. Charge B shall be the sum of an amount (herein- after called the "/:'rlmary Amount") equal to the amount, pursuant to Resolution Adopting and Confirming Assessments fer Sanitary Sewer Improvement No. 7, dated October 9th, 1958, assessed (against the premises to be connected) for Sewer Im- provement No. 7 and interest on said Primary Amount from October 9th, 1958, said interest determined according to the method of payment of Charge B seleete.t by the applicant, as permitted by Section 4 of this Ordinance, Section 4. Method of Payment of Charge B. Charge B may, at the election of the applicant for the permit, unless not allowed by' subsection c of this section~ be paid by e~ther of the following methods: a. Full Payment Method. At the time the application is filed with the Vil- lage Clerk, Char£,e B may be fully 9old. If tull payment is elected, interest on the primary amount shall be at per annum thereon from October 9, 1958 to December 31st in the year in which payment is made. b. Installment Method. At the time the application is filed with the Village Clerk, apphcam may upon written renuest, elect to pay Charge B by in- stallment payments. If the installment method is elected, anplicant shall pay said Charge B as follows: (1) The sum of installments due at date application filed, determined on the basis of the primary amount being payable in 30 equal annual instalhnents with the 30 year per- iod running from January 1, 1959 to January '1, 1989, inclusive, and (2) The sum of interest payment due at date application filed, calculated through December 31st of the year the election to pay installments is made (the rate of interest is per annum on thc unpaid balance), determined as if the applicant had in fact, duly paid the installments provided in (1) a~ove, the first ivterest period to begin October 9, 1958. ~3) After the initial payment of the sum provided in (1) and (2) above, the al~plicant shall pa~ the unpaid portion o~ the primary amount of Charge B to the County Auditor in the same manner provided for pay- merit of s!ecial assessments by Minnesota Statutes, Section 421/.- 061, together with interest on said unpaid prtmary amount at per arnum on the unpaid bal- ance, as of January 1 of each year. c. No Election of Method. If the sum of the primary amount is $100 or less, the applicant may not use the it~stall- ment method provided in subsection h, but shall pay Charge B according to the full-payment method provided in subsection a, except that the applicants for a Sewer Connection Permit for an existing structure, may elect to pay Charge B by quarterly (every three months) payments of $25 until Charge B is fully paid, the last pay- ment to be for the balance then due, said payments to run consecutive to the Deferred Payment as provided in Section 4c pt "The Sewer Connection Ordinance." Section 5. Issuance of a Building Per- mit or Building Sewer Permit. a. New Construction. No building2 sewer permit for new construction shall be issued until the Charge B is either fully paid, or, where appropriate, elected to be paid by the installment method, to the Village and a sewer connection permit issued, if the said new construction is of a nature which will, in the judgement of the Village Council or its duly appointed agent, reasonably be expected to use the san- itary sewer when the structure is oc- cupied or used. The reasonableness of said determination of probable use of the said agent of the Village shall be subject to review by the Village Council, upon written demand by the applicant for the building permit for a hearing. b. ExiStio~g Construction. No building sewer permit for existing structure shah be issued until Charge B has either been fully paid or deferred or, where appropriate, elected to be paid by the installment method to the Village and a sewer connection permit issued. Section 6. Involuntary Sewer Connec- tion. Char/2e B where an involuntary sew- er connection is ordered by the Village Council pursuant to Ordinance, shall be paid as described in Section 4a. Section 7. Charge B ~rocedure. a. Preparation of Roll. The Village Clerk shall prepare a roll showing the primary amount of Charge B extended over 30 equal annual installments., eluding interest: each installment in- set forth sep- eluding interest, being arately. The annual installments shalt be set forth starting from January 1, 1959. The roll shall be filed with the Clerk and open to public inspection. b. Transmittal to Auditor. The Clerk shall transmit a certified duplicate of the appropirate part of the roll, with each installment still due, including interest, set forth separately, to the County Auditor, after an applicant nas elected to pay Charge B according to Section 4b. The Village Council may in its discretion direct the Village Clerk to file the roll in his office and to certify annually to the Connty Andi- tot, on or before October 10th in each year, a total amount of installments of and interest on Charge B on each lot, piece or parcel of land in a municipality which are to become due in the following year. c. Full Payment After Election. At any time after an election under Section 4b to pay Char£~ B, by the install- ment method, the amount of said charge still due, may be satisfied by payment to the Village Clerk of the entire amount remainin~ unpaid, with inter- est accrued to December 31st of the year in which such payment is made. Section 8. Eelection ~'orm; Contents. The Village Clerk shall prepaxe an/t furn- ish forms on which the election to pay Charge B by the installment method may be made. The form shall provide that the election is binding on the applicant, his heirs, assigns, and successors in interest. If the election is not made on the form so furnished, it shall be made in writing, stating substantially the above, and the Village Clerk shall not accept any written election not honforming hereto. Section 9. Charge B Revenues. All revenues frmn Charge B shall be credited to the Sewer Operating Fund and used for the purpose provided in Section 5 of "The Sewer Connection Ordinance." Section 10. Validity: Effective. The invalidity of any section, clause, sentence or provision of this ordinance shall not effect the validity of any part of this ordi- nance which can be given effect without such invalid part or parts. If any amount, or any manner or method of collecting Charg'e B be held invalid by any proper court of law or equity, the Village Council may, in its discretion, prescribe by ordi- nonce other means to collect any connec- tion charge fee allowed by law. Section 11. Effective Date. This ordi- nance shall be in effect and shall be in force from and after its passage and pub- lication. Passed by the Village Council the 23rd day of February, t96/). M. C. HONSEY, Mayor ATTEST: DONALD TRUCKER, Clerk (SEAL) (Published in The North Hennepin Post March 10, 1960). Extract of Minutes of Meeting0f Village Council, Village of New Hope, Hennepin County, Minnesota held February 23rd, 1960. An adjourned regular meeting of the Village Council of the Village of New Hope, was held in said Village at the Village Hall on February 23rd, 1960 at 7:30 o'clock p. m. The following members were present: and the following were absent: Member its adoption: introduced the following resolution and moved RESOLUTION AUTHORIZING THE P~ITIONING OF THE MINNEMOTA RAILROAD AND WAEEHOUSE C(~R4ISSION TO INVESTIGATE AND ORDER THE INSTAT.TATION OF FLAMHER-TYFE SIGNAL AT THE RAILROAD GRADE C~OSSING AT WINNE~A~. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: The attached Resolution Authorizing the Petitioning of the Minnesota Railroad and Warehouse Commission to Investigate and Order the Installation of Flasher-type Signal at the Railroad Grade Crossing at Winnetka Avenue be submitted to the Railroad and Warehouse Commission. The motion for the adoption of the foregoing Resolution was duly seconded by and upon roll call there were ayes and nays as follows: whereupon said resolution was declared duly passed and adopted. Attest: ~~ Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original copy; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council Of said Village held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to the Petitioning of the Minnesota Railroad and Warehouse Commission to Investigate and Order the Imstallation of Flasher-type Signal at the Railroad Grade Crossing at Winnetka Avenue; and (4) said meeting was duly held, pursuant to call andnotice thereof as required by law. ~SS MY h~d officially as such Village Clerk, and the seal of said Village, this ~---~day of February, 1960. (Seal) Village Clerk -2- RESOLUTION AUTHORIZING TI~KNSFER OF ROAD EQUiFMENT. BE IT F~$OLVED by the Village Council of the Village of New Hope as follows: This Council has considered the affidavit of N. P. Jessen, attached, and ~ its own knowledge concerning the actual ownersP~p of the equipmentreferred to in the said affidavit and hereby finds and determines that the terms on which the village acquired record title to the~quipment described thereon are such that the actual ownership is and has been heretofore vested in Edwin Benz, and the Mayor and the Clerk are hereby authorized to execute such instruments as are required to transfer record ownership from the Village of. New Hope to the said Edwin Benz. Dated the 23rd day of February, 1960. Attest: Clerk Mayor STATE OF MINT~F~OTA) HENNEPINI ss. AFFIDAVIT COUNTY OF N.P. Jessen being first duly sworn, deposes and says that he was a member~ of the Town Board of the Town of New Hope and subsequently of the Village Council of the Village of New Hope, Hennepin County, Minnesota, during the year 1953 and subsequently thereto through the year 1950 That during these years the township and later the Village employed Edwin Benz to do snowplowing and road work on the public streets of the Village of New Hope; That Edwin Benz was the owner of the following equipment: 1936 FC 36 Tk Oshkosh, Ser. 926, 1954 License TE 1875 1936 MJ Tk FWD, Ser. 75339, 1954 License TE 1876 That said Village did not have the funds with which to purchase equipment for the doing of said road and street work, but that said Edwin Benz agreed to transfer the title to said equipment to the Village with the understanding that the Village would, in turn, return the title to him upon termination of his employment for operation of the same by the Village; That pursuant to said Agreement the registration of said equipment was changed from the name of Edwin Benz to the Village of New Hope, and the Village executed an option to Edwin Benz to repurchase the same for the sum of ~1.00. ......... +~h~ o~erator of said equipment AMENDED ~SOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED (LATERAL) SANITARY SEWER IMPROVEMENT NO. 60-22 (1960 DE'FELOPERS LATERALS - SECTION A). BE iT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that ~Orr-Schelen, Inc., Consulting Engineers for the Village heretofore reported to this Council that a Lateral Sanitary Sewer Improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other project, that the estimated cost of said improvement was originally estimated at$460,900 by preliminary report dated February 9, 1960. On February 26~ 1960 the cost,of said proposed improve- ment were revised to reflect chang, es in the estimated costs due to changes in the proposed plats to be served, the revised estimated cost being $265,400.00. be On February 9, 1960 this Council Ordered a public hearing to be held on March 1, 1960 for the proposed improvement. The Village Attorney has this day advised the Council that publication of the Notice of Public Hearing was not made. The Consulting Engineers have presented this Council with a revised preliminary report on the said project dated the 8th day of March, 1960, which preliminary report includes added areas proposed to be served by the proposed improvement and which revises the estimated cost to $366,500, and which reports that the proposed improvement as revised is feasible and may best be made as revised and not in con- junction wi~h, any other improvement. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed constructionOf a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: R~VISED NOTICE'' OF PUBLIC HEAR~. NG FOR pROPOSED LATERAL SANITARY SEWER iMPROVEMENT NO.. 60-22 Village of New Hope, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 22nd day of March, 1960 at 8:00 o'clock p.m. at the Village Hall, 4~00 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of lateral Sanitary Sewer including house services, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the VilLage of New Hope, County of Hennepin, State of Minnesota, described as follows: Northeast Corner The northeast % of the northwest % of Section 5, Township 118, Range 21. That part of the southeast % of the northwest ~ of Section 5, Township 118, Range 21, lying in the Village of New Hope, Minnesota. 42nd Avenue North The property abutting on 42nd Avenue North between Winnetka Avenue and the Minneapolis, Northfield & Southern railroad tracks. Fairview Oaks Addigion (Proposed} The north k of the northwest % of the southwest % of Section 8, Township 118, Range 21. The south 165' of the southwest % of the northwest % of Section 8, Township 118, Range 21. Bartlett's Addition (Proposed) The southwest % of the southwest % of Section 19, Township 118, Range 21. The south 165' of the northwest ~ of the southwest ~ of Section 19, Township 118, Range 21. The west 165' of the southeast % of the southwest % of Section 19, Township 118, Range 21. Vincent Wick Plat (Propose~) That part of the west ~ of the south % of Section 8, Township 118, Range 21, lying east of the Minneapolis, Northfield & Southern Railroad in the Village of New Hope, Minnesota. Moen's Second Addition The south 336' of the east 949' of the northeast ~ of the northeast ~ of Section 6, Township 118, Range 21. Meadow Lake Park 2nd Addition (Propo~e.d),'Meadow Lake Heights 2nd Addition and Alan Hills Addition (Proposed) The-wes~ % 'of ~h~ ~rth % of Section 6, Township 118, Range 21. The northwest % of the southwest k of Section 6, Township 118, Range 21. Sandra Terrace Addition (Pr0posgd) The west % of the northwest % of the northeast % of Section 18, Township 118, Range 21. The ~'~:~' 165' of the no~the'h'st ~; of the n~rthwes;c ~;" o~"'Section 18, Township 118, Range 21, ~o~ ~11~ ~di~io~ (Proposed) Th~ Sout~ast ~ o~-~e~tfd~ ~htp 118, Range 21. ~est Wt.~e~ka P~rk (Proposed) l'n~ '~S~ ~ o t~ SOUtbiiSt ~ of ~ Soft.est ~ of ~ction 19. ~iP !18~ Wonde~l~ ,,lSt ~ Addition ~h~e~"~f"ih~"Southeast ~ of the southwest t of Section 17. ~ship 118. h~e 2i~ 3. ~he es~i~ed ~aC of said iaprovemenc is ~366,500.00, ~, The area ~roposed ~o be assessed for the ~kia~ of said improvemen~ shall include all the premises described ia parasraph 2, above. 5. All persons interested are invited ~o appear a~ sa~d heari.~ for ~he purpose of bei~ hea~ ~th respi~t to the ~ki~ o.f said improvem~t, Dat~ ~he eighth day o~ Hatch, 1~0. Don Trucker Village Clerk William Ji Corrick New Hope Village Attorney 3900 - 36~h Avenue North Robbinsdale, Minnesota Published in the North Hennepin Post the 10th and 17th days of March, 1960.. WITNESS my hsn~ officially as such Village Clerk, and the Seal of said Village, this .~ day of ~ch , 196 0 . (SBAL) Vi 1 lage Clerk Extract of Minutes of Meeting of Village Council Village of New Hope Hennepin County, Minnesota Held March S, 1960. Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of New }{oPe, Minnesota, Was' duly held at the Village Hall at 4200 Nevada Avenue North in said Village on March 8, 1960 at 8:00 o'Clock p.~ m. The fOllOWing members were present: Honsey, Collier, Marshall, Ohman and Trucker and the following members were absent: 'none. Member ~,Z~ . introduced the foll~-~ing resolution and moved its adoption: RESOLUTION PR~IDING FOR pUBiC HEAa~NC ~ON PaOPOSE~ STOm~ SEWEa LMmaOVE- I~lCl~ NO. 60-260 (A?AN KILLS). BE IT RESOLVED by the Village Council of the Village of New Hope, ~Iennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto BOnestroo, Engineer for the Village has heretofOre reported to this Council that a Storm Sewer improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in conjunction.with any other improvement, and that the estimated cost of said improvement to the Village is $18,000. 2. This Council shall meet at the time and place specified in the form of notice included in paragraPh 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improve- ment as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of 'said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NoTICE OF PUBLIC HEARING FOR PROPOSED STORM ~R IMPRO~ NO. 60-26C. (INCLUDING PROPOSED ALA~{ KTT.TS PLAT) Village of New HOpe~ ,Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 22nd day of March, 1960 at 8:00 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improve- ment as described hereinafter. 2. The general nature of the improvement is the construction of a Storm Sewer including catch basins, manholes, storm sewer pipe and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section 6, Township 118, Range 21; North one-half (N%) of the Southwest Quarter (SW%) of the NorthweSt Quarter (NW%) of Section 6, Township 118, Range 21. 3. The estimated cost of said improvement is $18,000.00. 4. The area proposed to be assessed for the making of said improvement shall include all the premises described in paragraph 2, ab ove. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 8thday of March, 1960. Don Trucker, Village Clerk Published in the North Hennepin Post the 10 and the 17 days of March, 1960. Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in accordance with which said hearing shall be held. ATTEST: Mayor Clerk /{~I~ and upon a The motion was duly seconded by Member .. /~'A~..~'~' ~ , vote being taken thereon, the following voted in favor thereof: Honsey, Collier, Marshall, Ohman and Trucker and the following voted against the same: none; whereupon the resolution was declared duly adopted and the Mayor and the Clerk were authorized to sign the same. STATE OF MINNESOTA ¢0m~fY.oF HENNE~PIN ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of the said Village held on the date in- dicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to Storm Sewer Improvement No. 60-26C. (4) said meeting was duly held, pursuant to call and notice thereof as required by law. ~ WITNESS my ha~ officially as such Village Clerk, and the seal of said Village, this ~ day of March, 1960. Village Clerk (SEAL) ~ Ordinance No. 60-6 ~-- Chapter No. 36 AN ORDINANCE FOR THE GOVERNMENT AND OP~.RA- TION OF THE WATER SYSTEM OF THE VILLAGE OF NEW HOPE, ESTABLISHING A WATER DEPARTMENT, PRO- MULGATING REGULATIONS GOVERNING MUNICIPAL WATER SYSTEM CONNEC- TIONS AND SERVICES, AFFIX- ING WATER RATES TO BE CHARGED AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF Village of New Hope TIlE VILLACE COUNCIL OF THE VII.LAGE OF NEW HOPE ORDAINS: ARTICLE I. GENERAL PROVISIONS SECTION 1. Title and Establishment of Water Department. This Ordinance may be referred to as the "Water Ordinance of the Village of New Hope." There is hereby established a Water Department for the Village of Ne~v Hope. The water system of the village, as it is now constitfited or shall hereafter, as the Village Council may from time to time direct be enlarged or extended, shall be operated and maintained under the provisions of this ordinance, sub- ject to the authority of the Village Council at any time to amend, alter, change or re- peal the same. SECTION 2. Village Council The Vil- lage Council shall have charge and man- agement of the water system, subject to such delegation of the authority to the Sup- erintendent of the Water Department, the Village Engineer, and to other village em- ployees as the Council shall provide. SECTION 3. Superintendent of the Wa- ter L~epartment. The Village Council (sub- ject to applicable Civil Service regulations) shall, from time to time, appoint a person to serve as Superintendent of the VVater Department, and to receive such compen- sation as shall be determined by the Coun- cil. SECTION 4, Superintendent. The Super- intendent shall .supervise the installation of water-service p~pes and their connections to the water mains and enforce all regula- tions pertaining to water service in this village m accordance with this ordinance. This ordinance shall .apply to replace- ments of all existing servme and al?purten- ant works as well as to new service and appurtenant works. SECTION 5. License Required. Ail in- stallations of water-service pipes, meters, and connection to the municipal water sy- stem shall be made by a plumber, licensed by the village. The Superihtendent ~hall have power to suspend the license of any plumber for violation of any of the pro- visions of this ordinance; a suspension, un- less revoked, shall continue until the next regular meeting of the villag~ council. The Superintendent shall notify the plumber i~nmediately, by personal written notice (or by verbal notice confirmed promptly in writing) of the suspension, the reasons for the suspension and the time and place of the council meeting at which he will be granted a hearing. At this council meeting, the Superintendent shall make a written report to the Council, stating his reasons for the suspension, and the Council, after fair hearing, shall revoke or confirm the suspension for a fixed period of time. or take any further action that is necessary and proper. SECTION 6. Permit Required for 6on- nection to Water ,gystem. Before any per- son, firm, corporation, or other association shall make a connection with the municipal water system, he or it shall obtain a written permit therefor. The application for the permit shall be filed with the Village Clerk on blanks furnished by the Clerk. The application shall include the address and legal description of the property, the name of the property owner, the name and ad- dress of the person who will do the work and the intended general uses of the water. Said permit shall not be issued until the application is approved by the Village Council or its designated agent and the fees and charges required under this ordi- nan[e have been paid or deferred payment requested and approved. The Superintendent may at any time, revoke the permit for any violation of this ordinance and require that the work be stopped, or if already completed, that it be removed and the vio- lation corrected. The owner or plumber may appeal such action in the same man- nec provided in Section 5 of this ordi- SECTION 7. Water Co~nectio~ I~spec- tion Fee. Before any permit is issued, the person who makes the application shall pay $10 to the Village Clerk to cover the cyst of issuing the permit and supervising, regu- lating and inspecting the work. This fee shall be separate from and in addition to any connection charges payable. SECTION 8. Connection Charges. A con- nection charge shall be paid for connecting with the municipal water system. The amount of such connection charge shall be: (a) PLATTED PROPERTY OF 10,000 S~UARE FEET AND LESS. (1) Trunk and lateral charges. A sum of mouey equal to $6.67 per lineal foot, for each and every foot on the shortest side of the lots or parcels of land front- ing on the water main with which the connection is made, but not less than $500 per lot. (2) Trunk charges only. Where the cost of both the installation and the materials used in the construction of laterals, ser- vice pipes and accessories are paid for by private funds, at no expense to the Village, the premises which receive water from the municipal water system through the Villa£~e to connect to, tamper with, alter, or injure any part of the Village water works or supply system, or any meter. SECTION 12. Plumbing. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the Village; provided, that water may be turned on for construc- tion work in unfinished buildings, subject to provisions of this ordinance. After giv- ing reasonable notice, the Superintendent may shut off the supply of water to any consumer because of any substantial viola- tion of this ordinance. The supply shall not be turned on again until all violations have been corrected and the Superintendent or the Village Council has ordered the water to be turned on. SECTION 13. Checkvalvez. Checkvalves are required on all water connections to steamboilers or on any other connection dec,ned by the Superintendent to require one. Safety and release valves shall be placed on all boilers or other steam appara- tus connected with the water system where the steam pressure may be raised in excess of 5.0 lbs. per square inch. SECTION 14. Use of Water During Fires. It is hereby declared to be unlawful for any person in this Village or any per- such laterals, service pipes and acces- son owning or occuping premises connected series shall pay connection charge as to the municipal water system to use er follows: A sum o~ money equal to $1.33 allow to be used during a fire any water per lineal foot per each and every---%FG6Y-~£rom said water system, except for the puc- on the shortest side of the lots or par- pose of extinguishing said fire, and upon eels of land fronting on the water main with which the connection is made, but not less than $100 per lot. (b) UNPLATTED PROPERTY A N D PLATTED LOTS OF MORE THAN 10,0i>0 S~UARE FEET (1) Lateral charges. Charges made for lateral service shall be equal to__~hS~2~zg~ lineal foot, for each foot on t-he shortest side of the lot or parcels of land front- ing on the water main with which the connection is made, but not less than $400 per parcel. The footage charged for shall be increased to include those sides of the parcel which can reasonably be expected to have lateral water construc- tion in the future; provided, however, that upon application by the property owner to the Village Council the charge for the said additional footage shall be deferred, without interest, until con- struction of the water lateral(s) actually takes place. (2) Trt~nk charges. Charges for water trunk shall be made on the basis of ~I~er acre, including ~order street areas. (]~order street areas shall be in- cluded to the extent that the street would revert to the premises in question under the law applicable to vacation of muni- cipal streets.) Trunk charges paid on this basis shall not be duplicated at such time as the parcel is subdivided in the future. SECTION 9. Time and Method of Pay- (a) Water connection charges payable under subsection (a) and (b) of Section 8, shall be paid at the time the permit for such connection is issued, except as here- inafter provided. (b) Upon written request of the owner- occupant, approved by the Village Council, water connection charges prescribed under Section 8a and b shall be paid in the fol- lowing manner: (1) One-quarter of the sum payable un- der Section (a) (1) shall be paid when the water connection permit is issued; one-quarter of said sum shall be due and payable every three months subsequent to the issuance of the permit, until the full water connection charge is paid. The actual month of beginnin~ shall be consid- ered as having begun on the 1st or the 15th of the month, whichever is closer. (2) If payment of any installment is not made within 10 days after the due date~ a ~eualty of 10% shall be added to the amount due on such installment. The Village may shut off water service for failare to make payment when due, which shall not be restored until the installment and penalty, plus costs of shutting off and turning on th~ water, are paid. SECTION 10. Excavations. Excavations to do work under this ordinance shall be dug so as to occasion the least possible in- convenience to the public and to provide for the passage of water along the gutter. All such elavations shah have proper bar- ricades at all times, and warning lights from one-half hour before sunset to one- half hour after sunrise; and shall be made in compliance with the provisions of Chap- ter 9, Ordinance No. 55-6. If the opening is to be made for .any .purpose whereby sufficient measures shall be taken by the to protect the water system from freezing. SECTION I1. Tampering. It shall be unlawful for any persons not authorized by the sounding, of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed, and that no water is used except for necessary household purposes or essential to commer- cial operations during said fire. SECTION 15. Continuous Flow Prohib- ited. In order to prevent waste or excessive use of water or irregularity of pressure, uo person shall allow water to flow continuous- ly in order to guard against freezir~g .or for any other purpose, except by perm~ssmn from the Superintendent; provided, however, the Superintendent may at any time, re- scind such special permission when he shall deem its continuance to be detrimental to the operation of the water system and the service available to other consumers. SECTION 16. Emergencies and Repairs. The Superintendent is hereby authorized to limit or disocntinue the supply of water, in cases of emergency, and to shut off the supply of water for repairs or extensions, he being the judge of the time and neces- sity. SECTION 17. Deficiency of Water. The Village shall not be liable for any deficiency or failure in the supply of water to con- sumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or for any other cause whatsoever. SECTION 18. Consent to Regulation, Every person applying for water service from the municipal water system, and every owner of property for which such application is made, shall be deemed by such application to consent to all rules, reg- ulations, and rates contained in the ordi- nances of the Village, and to all modifica- tions thereof, and all rules, regulations and rates duly adopted hereafter. ARTICLE II. SERVICE PIPES SECTION 19. D~stal:atio~z. All service pipes from the curb box to the premises served shall be installed by, and at the cost of, the owner of the property to be served. Such installation shall be under the in- spection of the Village. SECTION 20. Expense. All repairs for service pipes out to their connection with the street mains, including any repairs necessary to the curb box, and plumbing systems of building, shall be made by and at the expense of the owners of the prem- ises served. The Village ma.y, in case of an emer£'ency, repair any servtce pipes, and if this is done, the cost of such repmr work shall be repaid to the Village by the owner of the premises served. The Superintendent shall be the sole judge of the existence of an emergency. SECTION 21. Depth and Size. Service pipes shall be placed not less than 7 feet below the surface from the main to the building line and in all cases so arranged so as to prevent rupture or damage from freezing. Service pipes must be of a size specified in the permit order and for resi- dential installation it shall be of a ~" type K copper; in all other cases it shall be of a type K copper and of the smallest size that will insure an adequate supply of water for both present use and for reasonably anticipated future use. SECTION 22. Stop Bo.~es. Such service pipes must extend from the main to the inside of the building, or if not taken into a building, then to the hydrant or other fixtures which it is intended to supply. A stop-caulk must in all cases be placed out- side any box and a shut-off or other stop- RESOLUTION VACATING EASEMENT WITHIN GWYWNCO AREA ADDITION. WHEREAS, on the 5th day of February, 1958, Gwynnco, Inc. as fee owner and Fred J. Menth and Mina V. Menth, husband and wife as mortgagees, executed an easement to the Village of New Hope for a 15 foot permanent easementand a 60 foot construction easement, the center- line of which is described as follows, to wit: Beginning at a pointin South line of the North East. one quarter (NEt) of the Southwest one quarter (SW~) of Section 17, Township 118, Range 21, Hennepin County, Minnesota, 312.83 feet East measured along i~ South line from the Southwest corner thereof; thence deflecting to the left 120° 11' 13" a distance of 60 feet; thence deflecting to the right 30o 01' 28,', a distance of 160.0 feet; thence deflecting to the right 3°. 21' a distance of 687 feet; thence deflecting to the left 9° 05' a distance of 315.85 feet; thence deflecting to the right 5o44' to intersect the North line of said Northeast one quarter (NEt) of the Southwest one quarter (MW~) 291.42 feet East measured along said North line from the Northwest corner thereof, the same being recorded on February 20th, 1958 in Book 2160 of Deeds, page 61 in the office of the Register of Deeds in and for Hennepin County, State of Minnesota, and WHEREAS, subsequent to the filing of said easement the plat of GwynncoArea was recorded in the office of the Register of Deeds, Hennepin CoUnty, Minnesota, and WHEREAS, it is the intention of the Village of New Hope to only claim and maintain easements and streets within the Gwynnco area as shown on the recorded plat in the office of the Register of Deeds, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, that saideasement filed in Book 2160 of Deeds, page 61 in the office of the Register of Deeds, Hennepin County, Minnesota be and is hereby released and vacated with the Village of New Hope claiming only those rights, title and interest in the streets and easements within the GwynncoArea Addition as opened and laid out in the recorded plat on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Dated the /._.5- day of /~'~~ , 1960. Attest: Clerk Mayor RESOLUTION VACATING CERTAIN SEWER EASEMENTS IN THE VILLAGE OF NEW HOPE, MINNESOTA, IMPROVE- MENT NO. 59-23. WHEItEAM, certain easements for sewer purposes were acquired by the Village of New Hope, fr~n and over the area hereinafter described for utility purpose, described as follows, to wit: Easement dated Decmmher 29th, 1959 from Edward L. Kavli and Phyllis Kavli, filed January 7~h, 1960 in Book 2244 of Deeds, page 450, as Document No. 3216621 over an area described as follows: A 15 foot permanent easement over the North Half of the Southwest Quarter of Section 7, Township 118, Range 21. Said easements being 7.5 feet and 30 feet, respectively on either side of the following described centerline. Commencing at ~the South- east corner of the Northwest Quarter of the Southwest Quarter of said SectiOn 7; thence West along the South line thereof, a distance of 141.87 feet to the*point of beginning of the line to be odescribed; thence deflecting to the right at an angle of 68 41' 14", distance of 288.21 feet; thence de- flecting to the right at an angle of 14° 52', a distance of 418.56 feet; thence deflecting to the right at an angle of ~ 28° 25', a distance of 446.05 feet; thence deflecting to the right at an angle of 53° 59', a distance of ~354.89 feet; thence deflecting to the left at an angle of 29° 49~ to a point in the North line of said North Half of the Southwest Quarter, distant 901.65 feet West of the Northeast corner thereof and there terminating. Easement dated December 29th, 1959 from Wallace G. Santee and Sarah I. Santee, to the Village of New Hope, filed January 7th, 1960 in Book 2244 of Deeds, page 444, as Document No. 3216622 over an area described as follows: A 15 foot permanent utility easement and a 60 foot temporary construction easement over the North Half of the Southwest Quarter of Section 7, Township 118, Range 21. Said easements being 7.5 feet and 30 feet, respectively, on either side of the following describe~ centerline. Commencing at the Southeast corner of the Northwest Quarter of the Southwest Quarter of said Section 7; thence West along the South line thereof, a distance of 141.87 feet to the point of beginning of the line to be described; thence deflecting to the right at an angle of 68° 41' 14", a distance of 288.21 feet; thence deflecting to the right at an angle of 14° 52~, a distance of 418.56 feet; thence deflecting to the right at an angle of 28° 25', a distance of 446.05 feet; thence deflecting to the right at an angle of 53° 59', a distance of 354.89 feet; thence de- flecting to the left at an angle of 29° 49' to a point in the North line of said North half of the Southwest Quarter, distant 901.65 feet. West of the Northeast corner thereof and there termi- nating. Easement dated December 12th, 1959 from Soren C. Sorensen and Sophie A. Sorensen, to the Village of New Hope, filed January 7th, 1960 in Book 2244 of Deeds, page 453, as Document No. 3216625 over an area described as follows: A 15 foot permanent easement for utility purposes and a 60 foot temporary construction ease- ment over the following described property. Commencing at the Southeast corner of the Northwest Quarter of SectiOn 7, Township 118, Range 21; thence North along the East line thereof, a distance of 40 rods; thence west 105 rodS; thence North along the East line of the West 55 rods of said Northwest Quarter to the South line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence East along said South line to the East line of the Northwest Quarter thereof; thence South to beginning. Said easements being 7.5 feet and 30 feet, respectively, on either side of the following described center line. Beginning at a point on the South line of the Northwest Quarter of said Section 7, distant 901.65 feet West of the Southeast corner thereof; thence North- easterly at an angle of~43° 46' when measured from East to North, a distance of 351.3 feet; thence deflecting to the left at an angle of 37° 23~, a distance of 151.02 feet; thence deflecting to the left at an angle of 50° 41', a distance of 408.52 feet; thence deflecting to the right at an angle of 51° 31', a distance of 427.65 feet; thence deflecting to the right at an angle of 20° 58', a distance of 441.82 feet; thence deflecting to the right at an angle of 28Q 59', a distance of 433.10 feet to a point 180 feet West of the East line of the Northwest Quarter of said Section 7 when measured at right angles thereto; thence North and parallel with the aforementioned East line of the Northwest Quarter of said Section 7 to the .South line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad and there terminating. Easement dated December 17th, 1959 from Minneapolis, St. Paul & Sault Ste. Marie Railre~d Company to the Village of New HOpe, filed January 7th, 1960 in Book 2244 of Deeds, page 455 as Document No. 3216626 over the following described property: A permanent easement for sanita~] sewer purposes over, under and upon that part of the grantor's 100 fOOt right-of-way comprising the West 15 feet of the East 187.5 feet of the Northeast one quarter Of the Northwest one quarter, Section 7, Township 118, Range 21; a temporary construction easement, over, under and upon that part of the grantor's 100 foot right-of-way comprising the West 60 feetof the East 210 feet of the Northeast one quarter of the Northwest one quarter of Section 7, Township 118, Range 21. WHEREAS, subsequent tO the filing of the above-described easements, it has been determined by the Village of New Hope that the above-described easements are no longer needed by the Village of New Hope. -2- NC~, THEREFORE. BE IT RESOLVED, that the above-desCribed easements be and hereby are released and vacated With the Village of New HOpe cta~ng no title or interest in the area described therein. Cle rk Mayor ...... -3- RESOLUTION ORDERING CONSTRUCTION OF SECTION A OF PROPOSED SANITARY SEWER IMPROVEMENT NO. 60-22 ~E IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. That a public hearing was held as to the construction of Proposed Sanitary Sewer Improvement No. 60-22 in the Village, pursuant to duly published notice in the North Hennepin Post, the official news- paper of the Village, said hearing being held on the 22nd day of March, 1960. That this Council has considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of Sanitary Sewer Improvement No. 60-22, the said project hereby being divided into Section A and Section B, and this Council hereby determines to proceed with the con- struction of Section A at this time, with the remainder of the proposed improvement, or such portions thereof as shall be subsequently ordered, to be constructed subsequently by separate bid as Section B of Improve- ment 60-22. Section A shall consist of lateral sanitary sewer construc- tion as shown in the plans and specifications therefor pertaining to the following areas in the Village of New Hope, Coumty of Hennepin, 8tate of Minnesota: (a) Northeast corner: The Northeast one quarter (NE%) of the Northwest one quarter (NW%) of Section 5, Township 118, Range 21. That part of the Southeast one quarter (SE%) of the Northwest one quarter (NW~) of S~ection 5, Township 118, Range 21 lying in the Village of New Hope, Minnesota. (b) 49th Avenue North: The property abutting on 49th Avenue North from a point 700 feet East of Winnetka Avenue to a point 1320 feet East of Winnetka Avenue. (c) 42nd Avenue North: The property abutting on 42nd Avenue North between Winnetka Avenue North and the Minneapolis, North- field & Southern Railroad tracks. (d) Moen's 2nd Addition. (e) Meadow Lake Park 2nd Addition. (f~ Meadow Lake Heights Addition, except Cavell Avenue. (g) Proposed Allan Mills Addition as to the portion identified by plans presented this day by Orr-Schelen, Inc., being the Northwest one quarter (NW~) of the North- west one quarter (I~W~) of Section 6, Township 118, Range 21. (h) Wonderland 1st Addition. 3. Plans and specifications for Section A of'Sanitary Sewer Improvement No. 60-22 as presented this day by Orr-Schelen, Inc. are hereby approved as presented and ordered placed on file by the Village Clerk and the Clerk is hereby authorized to cause publication in the official newspaper of the Village and in the Construction Bulletin of Notice to Bidders in substantially the form of the attached "Advertisement for Bids for Sanitary Sewer Improvement No. 60-22, Section A for the Village of New Hope." 4. The area proposed to be assessed to pay the costs of said improvement shall include all property abutting the lateral sewers as con- structed in the above areas and as indicated on the said approved plans for Section A of Samitary Sewer Improvement No. 60-22, and as included in the area proposed to be assessed as described in the '~otice of Hearing" as published in the North Hennepin Post of March 10th and March 17th, %96Q pertaining to the said premises, the said plans being incorporated herein by reference. 5. The Mayor and the Deputy Clerk are hereby designated as the proper officers and agents of the Village of New Hope to open the bids for the construction of Section A Of said improvement on the 15th day of April, 1960 at 4 o'clock p. m. Dated the 22nd day of March, 1960. Attest: Clerk Mayor (Seal) -2- RESOLUTION ,VACATING CERTAIN STREETS IN MOEN'S 2ND ADDITION, HENNEPIN C~JNTY, MINNES0T~ BE IT RESOLVED by the Village Council of the Village of New Hope, as follows: 1. Pursuant to duly posted and to duly published notice in the North Hennepin Post, the official newspaper of the village for two weeks heretofore, a hearing was held by this Council on the 5th day of April, 1960 pertaining to the petition of a majority of the owners of the land abutting on the following described streets, to vacate the said streets. The North 60 feet of the South 196.12 feet, and the West 60 feet of the East 486.11 feet of the South 136.12 feet, Lot 8, Hazel Hill, according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County. 2. After affording an opportunity to be heard to all persons who cared to be heard as to said proposed vacation of streets, this Council hereby finds and determines that it appears for the interest of the public to vacate all streets within Moen's 2nd Addition, except those streets properly dedicated to the village on the recorded plat of Moen's 2nd Addition, pursuant to Minnesota Statute 412.851; with the Village of New Mope claiming only those interests, title and right in the streets and easmmants within Moen's 2nd Addition as opened and laid out in the recorded plat on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. 3. The Clerk is hereby directed to present te the proper officers of Hennepin County, the notice of completion of said vacation Proceedings in ac- cordance with Section 117.19, Minnesota Statutes. Dated this ~ day of April, 1960. Attest: Clerk Mayor CHAPTER 155 E The Council of the Village of Ne,,,.r Hope Ordains: Section !. Himhw~o~ T~aff~c Re~,tOat!o,~ ~*.- ~e parking restrictions of this ordln~uce are mn ~ddrcmon to the provisions of Village Ordinance, Chapter 155B, Ordinance No. 59-6~ '~nich incorporates by reference the regu- latory provisions of the State High~Jay P~egulation Traffic Act, ~nnesota Stztutes, Chapter 169, as amended. Section 2. General ~/,~.visions. Eve~z ve~i, cle parked upon any street ~.~th a c~o~ sh~31 be p~-ked p~mi!el to the c~b ~d ~th the right-h~d '~esls of such vehicle ~thin 12~ of the c~b. On other streets a vehicle sh~l be p~rked to the right of tlc ~n-graveled protion thereof ~ud p~lel thereto~ ~nd ~} such a m~%er as no% to interfere ~.~tlq the free flow of traffic, · ~is sh~ not apply~ ho~$ver, to c:~? vehicle disabled u~n ~ street, but such w~ '.cle sh~!l be moved to a place o~ ~" ' ' ~ _ oazety~ ~d mf such mov~ent ms not ~de, m~ be ~po~ded. Seetion__~. Pa~-ldm~, for Ce~, ..... ~ Purposes o _ _ rohzomtea No person shs.]l, for camping purposes, leave or p~rk a lousetrailer on any public 'street~ high~'ly, alley or other right-of-~a~- thereof; nor shall any p~,:~son p~rk a vehicle upon th: .'.-',feet or roadw~w for the principsJ~ ~yoose of: {-'-} L~&~pl~v~.n~,~m~~...~,, vehicle for sale. (2) For ,was!:ir~, greas~-~g or repairing such vehicle except such repairs as ~re necessitated by a~ emergency. o' · mspl~ymng advertisi~.go {4) Sei}i.~g merch~udise f~om such vehicle except ina duly ~tablished market place or v~en so authorized or licensed~ader the ordin~uces of this village° (5) Storage, or as Junke~e or dead storage for more than 6 hours. Section~.. P~rkin~e LLmit. l'~o person, except ~.?sicians or other persons on ~ergency calls~ shall park a vehicle on any public street, highway or alley for a period of time longer th~ 30minutes between 2 a.m. and 6 ~m.; nor in any case ~ for. more th~ six consecutive hours at any time. Sece~ion ~o Pen_~o Any person convicted of violating any of the pro~- visions of this ordinance shall be guilty of a misdemeanor to be p~euished by a fine of not to exceed $100 or, by imprisom~ent :~or a period of not to exceed 90 · ' ' ~ ,~-.~.' ~t . It is the intention of this village Council Sect_ion 6. Ss_~C~~ __ , 4d red se arable; .... ~uf shall be cons_ e P that this ordinance, and eve~ pro%~sion thc: ~ -~ -~:t or p~?~-~ion of and the invalidity of any section, clause, provisions~ ~ .... any section~.~:clause or p~ovision of this ordinance shall not afl~ct the validity of an~- other portion of this ordinance. Secti_qn ~7- This ordin~ce shall be in' effect from and after its pass- age and publication. Passed by the Vi3.1age Council of~ ~he Village of New Hope this ~ ~ dg~ of j~~ 1960. Attest clerk da~ of ~-~ ~" Henneptn Post the ----- Published in the ~-~n ~,~,~i~.. 1960. -2- CHAPTF~ AN OP~)INANCE REQ~Ri:~G PERSONS F~.IGAGED I~ ~TRICAL W0?X TO SECURE ~ICE~SE THEREFOR, The Village Council of the Village of ~(ew Hope Ordains: Section 1. License Required. No person, firm, or corporation shall engage in the business of installi:-~.g, altering, extending, repairing, or maintaining any electrical work of a~y ~_nd or nature unless a license to do such work is first obtained fr~ the Village Council. Licenses shall be issued only to such persons as shall have a state license in force. Anyone not so licensed; may nevertheless ~ do electrical work which complies with the minimum standards established by Village Ordinance, Chapter 15,~ Ordinance No. 56-~, on p~er~ises, or that ?art of premises owned and actually occupied by him as his homestead, if he first files with the Village Clerk, an affidavit to that effect. Application for such license shall be mad~ to the Village Council and such license shall be granted by a majority vote of the Council upon pr~ ~'.~ of the mpplicant~s qualifications and upon the filing of the required bond, as provided below. Section 2. Application for License. Any person, firm, or corpo- ration desi~ing to engage in the business of electrician within the village, or doing any o~er act specified in Section 1 hereof, shall submit an appli- cation to the Council, which application shell state the name, address of applicant, address from which he proposes to conduct the said business, the nature of the business to be co~ducted, whether the applicant is licensed under the laws of this state, and shall be required to ~ish such other evidence or pass such examination, or both, as the Council shall, from time to time, require regarding the ex?~rience and qualifications of the applicant to engage in said business° Section ~o Bond Required~ Before a license shall be granted to ~Y person, firm or corporation, the applicant shall execute and deposit with the Village Clerk, a bond in the sum of $1,000 ~.~.h the sureties thereon to be approved by the Village Council, such bond s~]_l be conditioned to indemnify the Village and property owners aga~ust all accidents, losses and damages caused by neg3~ ~nce, by unskilled or ~faithful work of the licensee, or by reason of his £.u~ Ling to comply ~th tL~e ordinances of the Village; and that he wiO_l save th~ Village harmless o~~ ~d fr~a all claLms, expenses or damages arising out of any such work being performed within the Village. Section /4. Issus~uce of Licen~o. Ail licenses granted pursuant to the provisions of this ordinance shall be issued by the Village Clerk and shall terminate and expire on the last day of December next succeeding the issuance of the same, unless sooner ~-~evoked or forfeited, as here~u provided~ Section ~. License Fee. ~'~'he license fee for m~id license shall be and is hereby fixed at ~10 po~- ann~a, which license fee shall be paid to the Village Clerk at the t ~.ue of filing tL~ application therefor~ Sectio~ 6o Council Hearing &nd Violations. The Village Council ms~v revoke a~y ? '~ouse obtained through error or fraud or if the licensee is shown to be i .. ~'~petent or fo~~ a willful violation of any ordlnauce of this Village relo~ting to e!ectr~cal ~ andards and work. The licensee ~hall be entitled to at leg~t f!~w~ d~ ~tice of the he~ir4~ ~nd a wr~tter~ statement of the ch~gem~ and ~'~all shav~ the ri~h'~ to prodnce testLmony in his defense ~ Sectior~ ~.~ Exceptions ~o Ordin:.~ce~ ~te provisions of this ordi~ nance shall not apply to employees of publ~f.¢ service corporations distri~, ut- ing or selldng eloctric~l energy for light or heat, or telephone or telegraph syste~ms, while doing eie~"'!.~'ic~l work on, o: in connection with, property o~ed, leased~ or operated by a;~ such corporatio~ Section 8. Viol~t~ons~ Ar~v person, firm, or corporation violating any of the provisions of thi~ o:~din~ce shall be guilty of a misdemeanor and ptu~ishable by a fine of not to exceed ~lO0, or Lmpris,:~mtent for not to exceed 90 days. Section 9~ This ordinance sh~_~l be in full force and effect frem ~d after its passage ~ud publication. Passed by the Village Council of the Village of Hew Hope this day of _~_~~ ~, 1960o Attest: ~yor Clerk Published in the North Hennepin Post the ~ of _, 1960~ -2- RES:OLUTION DIRECTING SUBMISSION OF QUESTIONS TO VOTERS RELATIYE TO FINANCING OF WATER SYSTEM AND APPROVAL OF CIVIL SERVICE ORDINANCE. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. This Council hereby finds, determines and declares that it is necessary and expedient to submit to the voters of the said village the question of authorizing additional means of financing for the waterworks system of the village, said question to be: '~hall the Village of New Hope be authorized to use special assessment and ad valorem tax methods of financing for its waterworks utility, including improvements and extensions thereof, in addition to the revenue method now authorized?" 2. This Council also hereby finds, determines and declares that it is necessary and expedient to submit to the voters of the said village at a special election, the question of approval or disapproval of Ordinance 60-9, Chapter 60, the Civil Service Ordinance of the Village of New Mope, which ordinance was passed by the Village Council on the 12th day of January, 1960. 3. The question of approval or disapproval of said questions shall be submitted to the qualified electors of the village at a special election to be held on the 3rd day of May, 1960, between the hours of 8 o'clock a. m. and 8 °~clock p. m. at the established polling place for village elections, to wit: St. Jacob's Hall. 4. The following are hereby appointed to serve as judges for said election: Glenna Parks Agnes Mork Sophie Sorensen and the following are hereby appointed to serve as alternates: Marion Sathre Mrs. Clayton Donnelly Dorothy Honsey Said judges shall appoint two qualified voters in the Village of Newt Hope to act as Clerks of Election and two more as alternates. The Council recommends to the judges as qualified, experienced clerks: '. Verna J~nes Veronica Van Auken and as alternates: Mrs. Florence Knutson Mrs. Leonard Michaletz 5. The Clerk is hereby authorized and directed to cause official ballots to be prepared and furnished to the election officials, for the purpose of voting as specified above, and to cause said notice of said election to be posted according to law, at the polling place, at the office of the Village Clerk and at at least three other public and conspicuous places of the Village, not less than 10 days.before said election date, and to be published in the North Hennepin Post in the issues of the 14th and 21st days of April, 1960. Said Clerk shall also provide said officials with suitable tally sheets, polls, forms of official returns, ballot boxes and other necessary supplies for the conduct of said election. 6. Said election shall be held and conducted in the manner pre- scribed by law and the returns thereof shall be filed by said judges with the Village Clerk, and the Council shall meet within two days after said election, to wit: On May 3rd, 1960 at 8 o'clock p. m. to declare the results appearing from said returns and to take such other and further action with reference to the said election results as shall be deemed necessary and expedient. 7. The notice of special election following, and the official ballot following are hereby approved for posting and publication in substantially the form indicated and the two questions as shown on the official ballot are hereby approved as the official questions to be submitted to the voters. -2- NOTICE OF SPECIAL ELECTION Village of New Hope, Hennepin County, Minnesota NOTICE IS HEREBY GIVEN, that a special election in and for the Village of New Hope, Minnesota, will be held on Tuesday, May 3, 1960, at the regular established polling place for Village elections, to wit: At St. Jacob's Hall, located on the Rockford Road, West of Winnetka Avenue North, in said Village. A~ said election the following two questions will be submitted to ~he voters: ~'Shall the Village of New Hope be authorized to use special assessment and ad valorem tax methods of financing for its waterworks utility, including improvements and extensions thereof, in addition to the revenue method now authorized?" "Shall Ordinance 60-9, Chapter 60, the Civil Service Ordinance of the Village of New Hope be approved, as passed by the Village Council on the 12th day of January, 19607" The polls for the said election will be open at 8:00 o'clock a.m, and will close at 8:00 o'clock p.m. All qualified voters of the Village ma~ vote at such election. Dated April 12, 1960 Village Clerk Published in the North Hennepin Post the 14th and 21st days of April, 1960. OFFICIAL~BALLOT Village of New Hope, Minnesota Special Village Elections May 3, 1960 Shall the Village of New Hope be authorized to use special assessment and ad valorem tax methods of financing for its waterworks utility, including improvements and extensions thereof, in addition to the revenue method now authorized? YES NO Shall Ordinance 60-9, Chapter 60~ the Civil Service Ordinance of the Village of New Hope be approved, as iassed by the Village Council,on the 12th day of January, 19607 YES NO INSTRUCTIONS TO VOTERS: Mark a cross (X) in the square opposite the word YES for each proposition above for which you vote in favor. Mark a cross (X) in the square opposite the word NO for each proposition above which you wish to vote against. On the back of each Ballot shall be printed the wo~ds ~'OFFICI2%L BALLOT~', the date of the election and a facsimile of the signature of the Village Clerk. 8. The Village Clerk is hereby further authorized and directed tocause sample ballots to be posted and published in the same manner as the notice of election. Such sample ballot shall be identical with the official ballots, except that the word "sample" may be used on the face thereof, instead of the word "official." Attest~ Clerk Mayor (Seal) --5-- RESOLLFfION DETERMINING VILLAGE POLICY FOR ASSESSING THE COST OF WA~ER MAIN LATERALS. BE IT RESOLVED by the Village Council of the Village of New Hope as follows: That it is the policy of this Council that where water main laterals are installed or proposed to be installed by the Village, and the cost thereof is proposed to be assessed, the petition of a majority Of the voters residing in the area proposed to be assessed shall be required to be sub- mitred to and accepted by this Council before said construction shall be ordered. The boundaries of any such area to be assessed shall be determined by this Council, and shall include only premises abutting or which can be directly served by the proposed water main laterals, and each such assess- ment area shall include only comtiguous properti~. Dated the 12th day of April, 1960. Clerk Mayor RESOLUTION AUTMORIZING CONDEMNATION PROCEEDINGS FOR STREET AND PARK WITHIN MEADOW LAKE TERRACE ADDITION. WHEREAS, it is necessary, advisable and in the public interest that the Village ofNew Hope lay out and construct further streets and parks within and appurtenant works thereto within Meadow Lake Terrace Addition, and WtIEREAS, in order to accomplish such purposes it is necessary to acquire the fol!~ing described property for street and park purposes, lying within the County of Hennepin and State of Minnssota, legally de- scribed as follows, to wit: Lot 2, Block 2, Meadow Lake TerraceAddition for purposesof a public road and drainage, Outlot 3, Meadow Lake Terrace Addition for purposes of a public park, and WHEREAS, the village is advised and believesthat the most feasible location for said public street and drainage and park is across, over and under the lamd as described hereinbefore, and WHEREAS, by reason of the failure of the village to obtain such street and drainage easement and park facilities, it is necessary to procure title to such land by the right of eminent domain. NOW, T~ttEKEFORE, BE IT RESOLVED That the recitals hereinbefore con- tained be incorporated herewith and that the Village of New Hope proceed to procure the necessary easements in, over, and under the land as de- scribed hereinbefore under its right of eminent doman, and the village attorney be instructed and directed to file the necessary papers therefor, and to prosecute such action to a successful conclusion~ or until it is abandoned, dismissed or terminated by the village of by the court; that the village attorney, mayor and clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the Village council this /~ day of April, 1960. - f Attest: RESOLUTION PROVIDING FOR'NEW PUBLIC HEARING ON PROPOSED (~) SANITARY SEW~ ~ROVE- MENT NO. 60-22 (1960 DEVELOPERS LATERALS, S~C. A) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. As provided in "Amended Resolution Providing for l~ublic Hearing on Proposed (Lateral) Sanitary Sewer Improvement No. 60~22 (1960 Develol~rs Laterals, Sec. A.)" passed by this Council on March 8th, 1960, a public hearing was held for the construction of~ said improvement on the 22nd day of March, 1960 at 8 o'clock p. m., the estimated coat of said project being $366,50.0. 2. Pursuant to authorization of this Council on March 22nd, 1960, Orr- Schelen, Inc., consulting engineers for the Village, advertised for bids for the construction of proposed Sanitary Sewer Improvement No. 60-22, Sec. A, said bids being received pursuant to notice on the 15th day of April, 1960 and presented to this Council on the 19th day of April, 1960. 3. The said bids for ~he construction.of proposed Sanitary Sewer Improvement 60-22 being above the esti~ted cost of said improvement, this Council hereby finds and determines that it is necessary and expedient to provide £or a new public hearing for the construction of said project, and the Clerk is hereby instructed to cause notice of. the time, place and purpose of a new public hearing to be published for two successive weeks in the North Hennepin'Post, the official village newspaper of the village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said hearing. Such notice of public hearing shall require that the estimated cost for the construction of said improvement is $456,500, in accordance with the revised estimate of cost as submitted by the consulting. engineers of the village, and such notice shall he in substantially the following form: REVISED NOTICE OF PUBLIC HEARING FOR PROPOSED LATERAL SANITARY SEWER IMPROVEMENT NO. 60-22 Village of New Hope, Minn. 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 3rd day of May, 1960 at 7:30 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the ~mprovement is the construction of lateral Sanitary Sewer including house services, manholes, and all other appurtemantworks and services reasonably required therefor, to serve an area in the Village of-New Hope, County of Hennepin, State of Minnesota, described as follows= Northeast Corner The northeast % of the northwest % of Section 5, Township 118, Range 21. That part of 'the southeast % of the northwest % of Section 5, Township 118, Range 21, lying in the Village of New Hope, Minnesota. 42nd Avenue North The property abutting on 42nd Avenue North between Winnetka Avenue and the Minneapolis, Northfield & Southern railroad tracks. Fairview Oaks Addition (P~0posed) The north % of the northwest % of the southwest % of Section 8, Township 118, Range 21. The South 165' of the southwest'% of the northwest % of Section 8, Township 118, Range 21. Bartlett's Addition (Proposed) The southwest % of the southwest % of Section 19, Township 118, Range 21. The South 165'of the northwest ~ of the southwest % of Section 19, Township 118, Range 21. The west 165' of the southeast % of the southwest % of Section 19, Township 118, Range 21. Vincent Wick Plat That part of the west~% of the south % of Section 8, Township 118, Range 21 lying East of the Minneapolis, Northfield & Southern Railroad in the Village of New Hope, Minnesota. Moon's Second Addition The south 336' of the east 949' of the northeast % of the northeast % of Section 6, Township 118, Range 21. Meadow Tmke Park 2nd Addition (Proposed), Meadow Lake Heights 2nd Addition and Allan Hills Addition (Proposed). The west % of the north % of Section 6, Township 118, Range 21. The northwest ~ of the southwest ~ of Section 6, Township 118, Range 21. Sandra Terrace Addition (Proposed) The west ~2 of the northwest k of the northeast k of Section 18, Township 118, Range 21. The east 165' of the northeast ~ ofthe northwest ~ of Sectiom 18, Township 118, Range 21. Hopewood Hills Addition (Proposed) The Southeast ~ of Sectiom 18, Township 118, Range 21. West 'Winnetka Park (Propo~sed) The west ~ of the southeast k of the southwest ~ of Section 19, Township 118, Range 21. Wonderland 1st Addition The east 270' of the southeast k of the southwest ~ of Section 17, Township 118, Range 21. 3. The estimated cost of said improvement is $456,500.00. 4. The area proposed to be assessed for the making of said improvement shall in- clude all the premises described in paragraph 2, above. 5. Ail persons interested ar~ invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 19th day of April, 1960. William J. Corrick, New Hope Village Attorney 3900 - 36th Avenue North Robbinsda le, Minnesota Don Trucker Village Clerk Published in the North Hennepin Post April 21 and April 28, 1960. Each and all of the terms amd provisioms as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisioms in accordance with which said hearing shall be held. Attes t: Clerk (Seal) Extract of Minutes of Meeting of Village Council Village of New Hope Hennepin County, ~Iinnesota Held April 26, 1960 Pursuant to due call and notice thereof, a regular meeting of the Council of the Village of New Hope~ Minnesota, was duly held at the Village Hall, 4200 Nevada Avenue North in said Village, on April 26, 1960, at 8:00 o'clock The following members were present: Honsey, Trucker, Collier, ~arsha11, and Ohman; and the following members were absent: None The meeting was called to order by Mayor Honsey. Marshall introduced the following Resolution and moved its adoption: "RESOLUTION VACATING CERTAIN STREET IN WINNETKA i~ILLS ADDITION, HENNEPIN COUbrFY, ~/INNESOTA:' The motion for the adoption of the foregoing resolution was duly seconded by Member Trucker, and upon a vote being ,taken thereon, the following voted in favor thereof: Honsey, Trucker, Collier, Marshall, Ohman; and the following voted against the same: None. Whereupon the Resolution was declared passed and adopted and was signed by the Mayor and attested by the Clerk. (Page ~:~7-~ Extract Book). P, ESO~ION VACATING CERTAIN STKEET IN WINNETKA HILI~ ADDITION, BENNEPIN BE IT RESOLVED, by the Village Council of the Village of New Hope as follows: 1. Pursuant to duly posted and to duly published notice in the North Hennepin Post, the official newspaper of the village for two weeks heretofore, a hearing was held by this Council on the 26th day of April, 1960 pertaining to the petition of a majority of the owners of land abutting on the following described street to vacate the said street: The South one-half (S~) o.f 47th Avenue North in Winnetka Hills Addition, lying between Lot 1, Block 2 and Lot 1, Block 3, and Emst of the East lime of Rhode Island Avenue North. 2. After affording an opportunity to be heard to all Persons who cared to be heard as to the said proposed vacation of street, this Council hereby finds and determines that it appears for the interest of the public to vacate the said street, and it is hereby declared to be vacated, pursuant to Minnesota Statutes, Section 412.851. 3. The Clerk is hereby directed to present to the proper officers of Hennepin County a notice of completion of said vacation proceedings in accordance with Section 117.19, Minnesota Statutes. Dated the 26th day 0f April, 1960. Attest: Clerk (Seal) NOTICE OF VACATION OF STREET IN WINNETKA HILLS ADDITION, HENNEPIN COUNTY, MINNESOTA. I, the undersigned, being the duly qualified and acting Clerk for the Village of New Hope, Minnesota, hereby attest and certify that: 1. as such officer I am charged ~vith the duty of keeping any records of the Village of New Hope pertaining, to the minutes of all meetings and the vacating or abandoning of any street, road, highwayt or public ground within the Village of New Hope, Hennepin County, ~/innesota. as such officer I have the legal custody of the official minute book of the Council of the Village of New Hope of which the attached is an extract, and of the original records from which the attached "Resolution Vacating Certain Street in Winnetka Hills Addition, Hennepin Countyt Minnesota" was copied. I have carefully compared the attached extract of minutes of the regular Council meeting of .the Village of New Hope of April 26th, 1960, together with the attached resolution with the originals thereof in my custody in the files of the Village. This notice of vacating certain streets in Winnetka Hills Addition, Hennepin County, Minnesota is filed pursuant to Minnesota Statutes, 117.19 and pursuant to authority of the Council of the Village of New Hope as established by the attached resolution adopted on April 26th, 1960. Village Clerk ..... (Seal) ORDERING CONSTRUCTION OF AND RES OLUTION/A~ARD IN~ ~ONTRACT FOR CONST~.UC'TION OF SE~ 9~nOp SANITARY SEWER IMI~O~NT NO. 60-22. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. This Council received bids for the construction of Sanitary Sewer Improvemmnt No-. 60-22 on April 15th, 1960, pursuant to notice duly published as required by law, the bid of Peter Lametti Construction Co. in the amount of $199,217.74 being the lowest bid submitted. 2. Said bid exceeded the estimated cost of the proposed improvement, as to the portion bid upon, and on April !9th, 1960 this Council determined that a new public hearing should be held on. the 3rd day Of May, 1960 for the purpose of informing those persons interested as to the revised cost, amd for the purpose of the Council considering the improvement in the light of the bids as s-.,bmitted to-the. Council. 3. A public hearing for the construction of said improvement was there- upon held on May 3rd, 1960, pursuant to notice duly published as required by law, the estimated cost of the said improvement being revised from$366,500 to $456,500. 4. This Council has considered the views of all persons interested, as well as the bids submitted for the construction of said improvement, and hereby determines to proceed with the construction of Sec. A of said improvement, as described in "Resolution Ordering Construction of Sec. A of Proposed Sanitary Sewer Improvement No. 60-22", as passed by the Council on Mmrc~ 22, 1960. 5. This Council hereby finds and determines that the lowest responsible bidder for the construction of Sanitary Sewer Improvement No. 60-22 is the said Peter LamettiConstruction Co., and that it conforms to the law in all respects, and Orr-Schelen, Inc., the Consulting Engineers for the Village have recommended that the said bid be accepted, and the said bid is hereby accepted, and the Mayor and Clerk .are authorized to sign contracts with Peter Lametti Con- struction Co. for said construction, subject to the Contractor furnishing a satis- factory public contractor's bond, conditiomed as required by law. 6. The area proposed to be assessed shall be the same as described herein- before for Section A of said Improvement. 7. William L. Voigt &Associates, Inc. are hereby authorized to make and prepare such surveys as shall be required for the laying out of the sewers, and for the acquisition of easements. 8. The Village Attorney is authorized to negotiate the sale of the bonds of the Village to defray the costs of said improvement and is further authorized to take the p~cessarysteps on behalf of the Village to acquire the land and ease- merits necessary for said sewer construction. D ate~~day of May, 1960. (Seal) Mayor RESOLUTION AMENDING "RESOLUTION AUTHORIZING THE SA~.F. AND DELIVEI~f OF $ 340,000 TEMPORARY IMPROVE- SENT BONDS OF 1~59, 2ND SERIES ;' AND "RESOLUTION AUTHORIZING THE SAI.F. DELIVERY OF $ 90,000 TEMPORARY IMPROVE- MENT BONDS OF 1958." BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That certain resolution entitled "Resolution Authorizing the Sale and Delivery of $340,000 Temporary Improvement Bonds of 1959, 2nd Series", as passed by the Village Council of the Village of New Hope on the 17th day of July, 1959 is hereby found to contain a typographical error, and is hereby amended in the following manner: The fourth and fifth words of line four of paragraph 1 thereof is amended to read: '~o. 59-19B instead of No. 59-18B." 2. That certain resolution entitled '~esolution Authorizing the Sale and Delivery of'$90,000 Temporary Improvement Bonds of 1958" as passed by the Village Council of the Village of New Hope on the 15th day of October, 1958 is hereby found to contain a typographical error and is hereby amended as to words six and seven of line four, paragraph 1 to read '~o. 58-12 instead of No. 58-11." Dated the day of May, 1960. Attest: z' Cl&rk Mayor (Seal) RESOLb~fION OF MAY 17TH, 1960 DIRECTING SUBMISSION OF QUESTION TO VOTERS RELATIVE TO ISSUING $115 ,~0. WATER BON~DS AT SPECIAL E~CTION. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1~ This Council hereby finds, determines and declares that it is necessary and expedient to submit to the voters of the said village the question of authorizing additional means of financing for the waterworks system of the village, said question to be aS shown on the copy of the official ballot attached hereto. 2. The question of approval or disapproval of said question shall be submitted to the qualified electors of the village at a special election to be held on the 7th day of June, 1960, between the hours of 7:00 o'clock a. m. and 8:00 o'clock p. m. at the established polling place for village elections, to wit: St. Jacob ts Hall. 3. The following are hereby appointed to serve as judges for said election: Glennys Parks Agnes Mork Sophie Sorensen and the following are hereby appointed to serve as alternates: Marian Sathre Mrs. Clayton Donnelly Dorothy Honsey. Said judges shall appoint two qualified voters in the Village of New Hope to act as Clerks of Election and two more as alternates. The Council recommends to the judges as qualified, experienced clerks: Verna Jones Mrs. Florence Knutson and as alternates: Mrs. Ann Hage 1 Mrs. LucilleMcDougall. 4. The Clerk is hereby authorized and directed to cause official ballots to be prepared .and furnished to the election officials, for the purpose of voting as specifi~ above, and to cause said notice of said election to be posted according to law, at the polling place, at the office of the Village Clerk and at at least three other public and con- spicuous places of the Village, not less than 10 days before said election date, and to be published in the North Mennepin Post in the issues of the 19th and 26th days of May, 1960. Maid Clerk shall also provide said officials with suitable tally sheets, polls, forms of official returns, ballot boxes and other necessary supplies for the conduct of said election. 5. Maid election shall be held and conducted in the m~nner prescribed by law and the returns thereof shall be filed by said judges with the Village Clerk, and the Council shall meet within two days after said election, to wit: On June 7th, 1960 at 8 o'clock p. m. to declare the results appearing from said returns and to take such other and further action with reference to the said election results as shall be deemed necessary and expedient° 6. The notice of special election following, and the official ballot following are hereby approved for posting and publication in substantially the form indicated and the ~estion as shown on the official ballot are hereby approved as the official question to be submitted to the voters. -2- NOTICE OF SPECIAL ELECTION VILLAGE OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA. NOTICE IS HEREBY GIVEN, that a special election in and for the Village of New Hope, Minnesota, will be held on Tuesday, June 7th, 1960 at the regular established polling place for Village elections, to wit:- At St. Jacob's Hall, located on 42nd Avenue North (Rockford Road), West of Winnetka Avenue North in said Village. At said election the following question will be submitted to the voterst "Shall the Village of New Hope, Minnesota issue its general obligation bonds in an amount not exceeding $115,500.00 for the purpose of constructing extensions to the Village water system to serve: (a) Proposed Boone Avenue North as described in the Notice of Hearing for Water Improvement No. 60-33 of the Village. (b) Proposed 28th Avenue North as shown in the pro, posed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed Xylon Avenue North, being within the Southwes% Qu~ter (SW~) of the Southeast Quarter (SE~) of S~ct~ion 19, Township 118, Range 21. (c) West Broadway from 62nd Avenue North to the Vil'l~ge boundary at 60th Avenue North (extended). (d) 62nd Avenue North from West Broadway to the East boundary of the Village. (e) Winnetka Avenue North from 44th Avenue North tO 46th Avenue North, and levy special assessments on properties abutting on extensions sufficient to pay such bonds and interest thereon?" The polls for the said election will be open at 7:00 o'clock a. m. and will close at 8:00 p. m. All qualified voters of the Village raay vote at such election. Dated: May 17th, 1960. Don Trucker, Village Clerk Village of New Hope, Minn. (Published in The North Hennepin Post on May 19th and May 26th, 1960. ) OFFICIAL BOND BALLOT VILLAGE OF NEW HOPE, MINN. SPECIAL VILLAGE ELECTION. JUNE 7, 1960 "Shall the Village of New Hope, Minnesota issue its general obligation bonds in an amount not exceeding $115,500.00 for the purpose of constructing exten- sions to the Village water system to serve: (a) Proposed Boone Avenue North as described in the Notice of Hearing for Water Improvement No. 60-33 of the Village. (b) Proposed 28th Avenue North as shown in the proposed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed Xylon Avenue North, being within the Southwest Quarter (SW~) of the Southeast Quarter (SE~) of Section 19, Township 118, Range 21. (c) West Broadway from 62nd Avenue North to the Village boundary at 60th Avenue North (extended). (d) 62nd Avenue North from West Broadway to the East boundary of the Village. (e) Winnetka Avenue North from 44th Avenue North to 46th Avenue North, and levy special assessments on properties abutting on said extensions sufficient to pay such bonds and interest thereon?" YEs ( ) ( ) Instructions to Voters: If you wish to vote in favor of the above proposition, mark across (X) in the square opposite the word YES. If you wish to vote against the above proposition, mark a cross (X) in the square opposite the word NO. 7. The Village Clerk ishereby further authorized and directed to cause sample ballots to be posted and published in the same manner as the notice of election. Much sample ballot shall be identical with the official ballots, except that the word "Sample"may be used on the face thereof, instead of the word "Official". Attest: Clerk! (Seal) -5- ?~ RESOLUTION PROVIDING FOR PUBLIC HEARING ON P~DPOSED WATER IMPROVEMENT NO. 60-33. BE IT B~SOLVED by the Village Council of the Village of New Hope, Hennepin County,Minnesota as follows: 1. It is hereby found and determined that Orr-Schelen, Inc., Consulting Engineers for the Village, for proposed Water Improvement No. 60-33 have heretofore found that a water improvement for the village as described in the Notice of Public Hearing on proposed Water Improve- ment No. 60-33 of the village, attached hereto and hereby made a part hereof by reference, is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement is $130,000. 2. This Council shall meetat the time and place specified in the said form of notice of public hearing attached hereto, for the purpose of holding a public hearing on the proposed construction of a water improvement~as therein described. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in The North Hennepin Post, being the official newspaper of the Village, the first of such publications to be on May 19th, 1960 and the second to be on May 26th, I960, said notice to be in substantially the form comtained in the attached notice of public 4. Each and all of the terms and provisions as stated in the aforesaid notice of hearing are hereby adopted as the terms and pro- visions in accordance with which said hearing shall be held. Attest:~ Clerk (Seal) NOTICE OF PUBLIC HEARING FOR PROPOSED WATER IMPROVEMENT NO. 60-33. Village of New Mo]~e~ Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 31st day of May, 1960 at 7:30 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village fOr the purpose of holding a public hearing on a proposed improvement as described hereinafter. The general nature of the improvement is the construction of trunk and lateral water mains, including house services, zanholes, stop boxes and all other appurtenant works and services reasonably required therefor, to se~e premises abutting that area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: me Proposed Boone Avenue North from a point 135 feet South (more or less) of the southwest corner of Ge~]m~emane Cemetery (being the .Southwest corner of the Northeast quarter of Section 18, Township 118, Range 21) to 27th Avenue North (Medicine Lake Road), being more particularly described as premises in the County of Hennepin, State of Minnesota described as follows: (1) The East 40 feet of that part of the Northeast quarter of the Southwest quarter lying East of a line extending from the Northwest corner to the Southeast corner thereof, and the West 40 feet of the Northwest quarter of the Southeast quarter, all in Section 18, Township 118, Range 21 (Z) The West 40 feet of the South one-half of the Southeast quarter of Section 18, Township 118, Range 21. (3) The East 40 feet of the following described property: Commencing at the Northwest corner of the Northeast Quarter (NE~) of the Southwest Quarter (~W~); thence South 80 rods; thence East 80 rods; thence Northwesterly to beginning, Section 18, Township 118, Range 21. (4) The East 40 feet of the following described property: The Southeast quarter (SE~) of the Southwest Quarter (SW~), Section 18, Township 118, Range 21. (5) That part of the Northwest Quarter (NW~) of Section 19, Township 118, Range 21 lying 40 feet on either side of the following described center line. Commencing at the North- east corner of said Northwest quarter (NW~); thence South along the East line of said Northwest quarter (NW~) 1270.7 feet; thence on a curve to the right radius 477.4 feet, central angle of 13 degrees, 374 minutes, a distance of 113.52 feet; thence Southwesterly on a line tangent to said curve a distance of 565.11 feet; thence on a curve to the left radius 477.4 feet, central angle of 13 degrees 37~ minutes, a distance of 113.52 feet to a point 160.0 feet West of the East line of said Northwest quarter (NW~); thence South parallel to sa~d East line to the South line of said Northwest quarter~(N~). (6) Commencing at:a point on the East line of-said Southwest Quarter-(SW~) 809.0 feet North of the Southeast corner; thence continuing North 1 degree, 09 minutes, 30 seconds West along.saidEast line of said Southwest Quarter (SW~), a distance of 23.99 feet; thence North 14 degrees, 47 minutes, 10 seconds West, 457.02 feet; thence on a curve to the right Radius 437.03 feet central angel 13 degrees, 37 minutes, 40 seconds, a distance of 103.95 feet, to a point 120.0 feet West of !the East line of said Southwest Quarter~(Sw~); thence North 1 degree, 09 minutes, 30 seconds West parallel to said East line of Southwest Quarter (SW~) t° the North line of said Southwest Quarter (SW~); thence West along said North line 80.0 feet; thence South 1 degree, 09 minutes, 30 seconds East parallel to said East line of South- west Quarter!(SW~), 1267.66 feet; thence on a curve to the left Radius 517.03 feet central angle of 13 degrees, 37 minutes, 40 seconds, a distance of 122.98 feet; thence South 14 degrees, 47 minutes, 10 seconds East to an intersection withe line parallel to'and 809.0 feet North of the South line of said Southwest Quaz~er (SW~); thence East along said parallel line to point of beginning. (7) That part of the SouthwestQuarter (SW~) of Southeast Quarter (SE~), Section 19, Township 118, Range 21 described as follows: Commencing at the Sout~westcorner of said Southwest Quarter (MW%) of Southeast Quarter (SE~); thence East 40.0 feet; thence North parallel to the West line of said SouthwestQuarter (SW~) of!Southeast Quarter(SE%), a distance of 606.1 feet; thence on a 11.1 degree curve to the left, central angle of 13 degrees, 37~ minutes, a distance of 123.03 feet; thence Northwesterly tangent to said curve to the West line of said Southwest Quarter (SW~) of Southeast Quarter (SEt); thence Southerly along said West line to point of beginning, except the South 33.0 feet taken for County road. (8) Commencing at the Southeast corner of the Southeast Quarter(SE~) of SouthwestQuarter(SWk), Section 19, Towaship 118, Range 21; thence West40.0 feet; thence North parallel to the East line.of said Southeast Quarter (SE~) of Southwest Quarter (SW~), a distance of 606.1 feet; thence on a 13.1 degree curve to the left, central angle of 13 degrees, 37~ minutes, a distance of 104.01 feet; thence Northwesterly on a line tangent to said curve to its intersection with a line parallel to and 809.0 feet North of the South line of said Southeast Quarter (SE~) of Southwest Quarter (SW~); thence East on said parallel line to the East line of said Southeast Quarter (SE~) of Southwest Quarter (SW~); thence South on said East line to beginning, except the Southerly 33.0 feet taken for County road. -2- Proposed 28th Avenue North as shown in the proposed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed. Xylon Avenue North, being within the ~South- west Quarter (SW~) of the Southeast quarter (SEt) of Section 19, Township 118, Range 21. c. West Broadway from 62nd Avenue North to the Village boundary at 60th Avenue North (extended). d. 62nd Avenue North from WestBroadway to the East boundary of the Village. e. Winnetka Avenue North from44thAvenue North to 46th Avenue North. 3. The estimated cost of said improvement is $130,000.00, of which $115,500.00 is proposed to be aseessed. 4. The area proposed to be assessed for the making of said improvement shall include all the properties abutting the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 17th day of May, 1960. Don Trucker, Village Clerk Published in the North Hennepin Post the 19th and 26th days of May, 1960. -3- RESOLUTION APPROVING pLANs AND SPECIFICATIONS AND AUTHORIZING ADVEI~F~SEMENT FOR BIDS, PROPOSED WATER IHPROVEMENT NO. 60-33. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota: 1. This Council has determined to hold a public hearing as provided by law for proposed Water Impr~¢ement No. 60-33 of the Village, said public hearing to be held on May 31st, 1960. 2. Orr-Schelen, Inc., Consulting Ergineers for the Village, have this day presented plansand specifications for the proposed improvement which have been examined and are hereby approved and ordered placed on file in the office of the Village Clerk. 3. The Clerk is hereby authorized and directed to cause to be published .an advertisement for bids for the construction of said improvement to be substantially in the form of notice attached hereto and made a part hereof by reference, which notice is hereby approved. Dated the 17th day of May, 1960. Attest: Clerk (Seal) .~DVEETISE~f~T F0i~ BiDS FOE FOR ' Notice is hereby given that sealed proposmlm wall be received by the Village 'Council at the Village of New. Hope~ Hennepin County, F~Innesota, at the New Hope Village Hall, ~20ONevada Avenue North~ New Hope 2?, Minnesota~ until 3:O0 p.m~ on ~he loth day of June., 1960~ and will be p~%blicly o~ned et said ~ime and place by two .or more designated officers o~~ agents of ..the Village of New HOPe~ said proposals to be fo~ the fumnishing of 'all labor and materials f~ the construc~ion~ complete in piace~ of the following: Approximately 1~;000 lineal feet of wate~ main and appurtenances Said bid's' Will be considered by the Village ?ouncll of the Village of New Hope at its regula~meeting at ?.~5 o clock p.m., June 1~,' 1960, at the. said New Hope Village I~ll. P~opo~als arriving after the designated ~lme.wl!l be ~eturned unopened, -- The bids must be su~i~ted on the p~oposal roms provided !~ accord' an~e with 'contract docv~ents, ~lans and specifications as prepamed by Orr-Scheien,. Inc., Consulting Engineers, 1104 Cu~ie Avenue, Minneapolis. B~ Hinnesota, which are on file with the ~illage Clerk of New Hope and may be seen at the Office of the Consulting Engineers. Copies of P~oposal Fo~ms, plans and s~ecifications for use by t~actors submit~ing a bid may be obtained fr,m the Consulting' Engineers upon deposit of $25.00 pe~ tumned to Contractors who submit a ~on~ fide bid and who ~et~n She planm and $~cifieatlons in good condition within fifteen days after, the o~ning of blds~ ~e half of the ~oun~ of She deposl~ w111 b~ Pef~ded fop each Of all othe~ -No bids will be considered unless sealed and filed with the Village Clerk of New Hope and accompanied ~y a cash deposit, cashier's che~k~ bid bond or certified check payable to theClerk of the Village of New Hope, fo~ five (5~} per cent of the mmount bid, (to be forfeited as.liquidated damages in the event that the bid be accepted 'and ~he bidder shall fail ~o onto= promptly into a ~itten contract and furnish ~he required bond). The Village of New Hope ~ese~es the right to ~eJect any and all bids, Dated: Nay 17, 1~0 By Order of the Village Council · Don C. T~-ucke~ Village of New Hope, ~nnesota RESOLUTION REQUESTING THE LOWERING OF SPEED LIMITS ON CEt~rAIN VILLAGE STR~TS. BE IT RESOLVED by the Village Council of the Village of New HOpe, Minnesota, as follows: 1. A request shall be made to the State Highway Commissioner to lower the present 30 miles per hour speed limit to 20 miles per hour on certain streets of the Village of New HoPe. as follows: The streets whereon the speed limit should be lowered are a. Terra Linda Drive - from Winnetka Avenue East to Lamphere Drive; b. Lamphere Drive - from Medicine Lake Road North to the village boundary line one-half block South of 30thAvenue North; c. Viewcrest Lane - from Sumter Avenue North East to Quebec Avenue North; d. Quebec Avenue North - from Lamphere Drive North to the village boundary line one-half block South of 30th Avenue North; e. Valle Vista - from Viewcrest Lane Southeasterly to Quebec Avemue North. 3. The Village Attorney is hereby authorized to transmit this request to the State Highway Commissioner. Dated this ~,~/, day of May, Attest: Clerk 1960. Mayor~ (Seal) SUPPLEMENT TO RESOLUTION OF MAY 17, 1960 DIRECTING SUBMISSION OF QUESTION TO VOTERS RELATIVE TO ISSUING $115,500.00 WATER BONDS AT SPECIAL ELECTION. BE l'f RESOLVED.by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. The special election of the Village of New Hope as to the question of authorizing additional means of financing for the waterworks system of the Village, set for June 7th, 1960 by resolution adopted May 17th, 1960, is hereby changed to June 14th, 1960 during the same hours as heretofore scheduled, and the Notice of Special Election, attached and incorporated herein by reference is hereby approved for posting and publi- cation in substantially the form indicated, and the question as shown on the official ballot attached and incorporated herein by reference is hereby approved as the official question to be submitted to the voters. 2. Ail other terms of the "Resolution of May 17, 1960 Directing Submission of Question to Voters Relative to Issuing $115,500.00 Water Bonds at Special Election" shall apply to the election held on the new date of June 14th, 1960. Dated the 24th day of May, 1960. Attest: Mayor (Seals AMENDED NOTICE OF SPECIAL ELECTION VILLAGE OF NEW HOPE HENNEPIN COUNTY, MINN. 'NOTICE IS HEREBY' GIVEN, that a special election in and for the Village of New Hope, Minnesota will be held on Tuesday, June 14th, 1960 at the regular established polling place for Village elections, to wit: At St. Jacob's Hall, located on 42nd Avenue North (Rockford Road), West of Winnetka Avenue North in said Village. At said election the following question will be submitted to the voters: "Shall the Village of New Hope, Minnesota issue its general obligation bonds in an amount not exceeding $115,500.00 for the purpose of constructing extensions to the Village water system to serve: (a) (~) Proposed Boone Avenue North as described in the Notice of Hearing for Water Improvement No. 60-33 of the Village. Proposed 28th Avenue North as shown in the pro- posed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed Xylon Avenue North, being within the Southwest Quarter (SW~) of the Southeast Quarter (SE~) of Section 19, Township 118, Range 21. (c) (d) West Broadway from 62nd Avenue North to the Village boundary at 60th Avenue North (extended). 62nd Avenue North from West Broadway to the East boundary of the Village. (e) Winnetka Avenue North from 44th Avenue North to 46th Avenue North. (f) 33rd Avenue North (extended) from the Easterly boundary of New Hope to propsed Boone Avenue North, being in the North half of Section 19, Township 118, Range 21, and levy special assessments on properties abutting on said extensions sufficient to pay such bonds and interest thereon?" The polls for the said election will be open at 7:00 o'clock a. m. and will close at 8:00 p. m. Ail qualified voters of the Village may vote at such election. Dated: May 24th, 1960. Don Trucker, Village Clerk Village of New Hope, Minn. (Published ihT he North Hennepin Post on May 26th, 1960 and June 2nd, 1960.) SUPPLEMENTAL RESOLUTION PROVIDING FOR PUBLIC HEARING ON PRDPOSED WATER IMPEDVEMENT NO. 60-33. BE IT RESOLVED by the Village Council of the Village of New Mope, Minnesota as follows: 1. The Village Attorney has advised the Council this date that the '~otice of Public Hearing for Proposed Water Improvement No. 60-,33" is in error in that the legal description of Boone Avenue con- rained a typographical error, and that proposed construction on 33rd Avenue North is omitted. 2. The said Notice is hereby amended to read substantially as in the attached "Amended Notice of Public Hearing for Proposed Water Improvement No. 60-33" which is hereby incorporated herein by reference, and the date of the said Public Hearing is changed to the 7th day of June, 1960, instead of the 31st day of May, 1960, and the Clerk is authorized to republish said Notice of Hearing, as amended. Dated the 24th day of May, 1960. Clerk Mayor (Seal) AMENDED NOTICE OF PUBLIC HEARING FOR PROPOSED WATER IMPROVEMENT NO. 60-33. Village of New Hope~ Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the ~t~dayyo~n~, 1960 at 7:30 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. The general nature of the improvement is the construction of trunk and lateral water mains, including house services, manholes, stop boxes and all other appurtenant works and services reasonably required therefor, to serve premises abutting that area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: (a) Proposed Boone Avenue North from a point 135 feet South (more or less) of the Southwest corner of Gethsemane Cemetery (being the Southwest corner of the Northeast Quarter of Section 18, Township 118, Range 21) to 27th Avenue North (Medicine Lake Road), being more particularly described as premises in the County of Hennepin, State of Minnesota described as follows: (1) The East 40 feet of that part of the Northeast Quarter of the Southwest Quarter lying East of a line extending from the Northwest corner to the Southeast corner thereof, and the West 40 feet of the Northwest Quarter of the Southeast Quarter, all in Section 18, Township 118, Range 21. (2) The West 40 feet of the South one-half of the Southeast Quarter of Section 18, Township 118, Range 21. (3) The East 40 feet of the following described property: Commencing at the Northwest corner of the Northeast Quarter (NE~) of the Southwest Quarter (SW~); thence South 80 rods; thence East 80 rods; thence Northwesterly to beginning, Section 18, Township 118, Range 21. (4) The East 40 fe~ of the following described property: The Southeast Quarter (SEt) of the Southwest Quarter (SW~), Section 18, Township 118, Range 21. (5) That part of the NOrth one-half (N~) of Section 19, Township 118, Range 21 lying 40 feet on either side of the following described center line. Commencing at the Northeast corner of ~t~ Northwest Quarter (NW~); thence South along the East line of said Northwest Quarter (NW~) 1270.7 feet; thence on a curve to the right radius 477.4 feet, central angle of 13 degrees, 37~ minutes, a distance of 113.52 feet; thence Southwesterly on a line tangent to said curve, a distance of 565.11 feet; thence on a curve to the left radius 477.4 feet, central angle of 13 degrees 37~ minutes, a distance of 113.52 feet to a point 160.0 feet West of the East line of said North- west Quarter (NW~); thence South parallel to said East line to the South line of said Northwest Quarter (NW~). (6) Commencing .at a point on the East line of sa~~ v Southwest Quarter (SW~) of Section 19, Township 118, Range 21, 809.0 feet North of the Southeast corner; thence continuing North 1 degree, 09 minutes, 30 seconds West along said East line of said Southwest Quarter (SW~), a dis- tance of 23.99 feet; thence North 14 degrees, 47 minutes, 10 seconds West, 457.02 feet; thence on a curve to the right radius 437.03 feet central angle 13 degrees, 37 minutes, 40 seconds, a distance of 103.95 feet, to a point 120.0 feet West of the East line of said Southwest Quarter (SW~); thence North 1 degree, 09 minutes, 30 seconds West parallel to said East line of Southwest Quarter (SW~) to the North line of said Southwest Quarter (SW~); thence West along said North line 80.0 feet; thence South 1 degree, 09 minutes, 30 seconds East parallel to said East line of South- west Quarter (SW~), 1267.66 feet; thence on a curve to the left radius 517.03 feet central angle of 13 degrees, 37 minutes, 40 seconds, a distance of 122.98~feet; thence South 14 degrees, 47 minutes, 10 seconds East to an intersection with a line parallel to and 809.0 feet North of the South line of said Southwest Quarter (SW~); thence East along said parallel line to point of beginning. (7) That part of the Southwest Quarter (SW~) of Southeast Quarter (SE~), Section 19, Township 118, Range 21 described as follows: Commencing at the Southwest corner of said Southwest Quarter (~W~) of Southeast Quarter (SE~); thence East 40.0 feet; thence North parallel to the West line of said Southwest Quarter (SW~) of Southeast Quarter (SE~), a distance of 606.1 feet~ thence on a 11.1 degree curve to the left, central angle of 13 degrees, 37~ minutes, a distance of 123.03 feet; thence Northwesterly tangent to said curve to the West line of said Southwest Quarter (SW~) of Southeast Quarter (SE~; thence Southerly along said West line to point of beginning, except the South 33.0 feet' taken for County road. (8~ Commencing at the Southeast corner of the Southeast Quarter (SE~) of Southwest Quarter (SW~), Section 19, Township 118, Range 21; thence West 40.0 feet; thence North parallel to the East line of said Southeast Quarter (SE~) of Southwest Quarter (SW~), a distamce of 606.1 feet; thence on a 13.1 degree curve tp the left, central angle of 13 degrees, 37~ minutes, a distance of 104.01 feet; thence Northwesterly on a line tangent to said curve to its intersection with a line parallel to and 809.0 feet North of the South line of said Southeast Quarter (SE~) of Southwest Quarter (SW~); thence -2- East on said parallel line to the East line of said Southeast Quarter (SE~) of Southwest Quarter (sw~); thence South on said East line to beginning, except the Southerly 33.0 feet taken for County road. Proposed 28th Avenue North as shown in the proposed plat of Midland Terrace Addition on file in the office of the Village Clerk, extendimg from proposed Boone Avenue to proposed Xylpn Avenue North, being within t~e Southwest Quarter (SW~) of the Southeast QUarter (SE~) of Section 19, Township 118, Range 21. West Broadway from 62nd Avenue_North to the Village boundary at 60th .Avenue North (extended). 62nd Avenue North from West Broadway to the East boundary of the Viltage. Winnetka Avenue North from 44th Avenue North to 46th Avenue North. 33rd Avenue North (extended) from the Easterly boundary of New Hope to Proposed Boone Avenue North, being in the North half of Section 19, Township 118, Range 21. 3. The estimated cost,of said improvement is $130,000.00, of which $115,500.00 is proposed to be assessed. 4. The area proposed to be assessed for the making of said improvement shall include all the properties abutting the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 24th day of May, 1960. Don Trucker, Village Clerk Published in the North Hennepin Post the 26th day of May, 1960 and the 2nd day of June, 1960. -3- RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 60-26(]. BE. IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. This Council held a public hearing ohM arch 22nd, 1960 as to the construction and proposed StormSewer Improvement No. 60-26C, pursuant to due notice published in The North Hennepin Post, the official newspaper of the Village, on March 10th and 17th, 1960, and havingheard all comments, pro and con, this Council hereby determines to proceed with the making of StormSewer Improvement No. 60-26C. 2. The plans and specifications forProposed StormSewer Improve- ment No. ~-26C have been heretofore approved and bids requested as a portion of Proposed Storm Sewer 60-26D on April 26th, 1960. 3. The area proposed to pay the cost of said improvement shall include the property described in the said Notice of Public Hearing as described above. Dated the 7th'day of June, 1960. Attest: Clerk (Seal) RESOLUTION CONSOLIDATING STORM SEWER IMPROVEMENT 60-26B AND 60-26C TO A SINGLE PUBLIC IMPROVEMENT TO BE KNOWN AS STORM SEWER IMPROVF~MENT NO. 60-26D. BE/~ RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: ~ 1. That this Council by resolution on February 9th, 1960 consoli- dated Proposed Storm Sewer Improvement 60-29 and 60-26A into a single public improvement known as Storm Sewer Improvement No. 60-26B. 2.' T~at on June 7th, 1960 this Council ordered construction of Storm Sewer Improvement No. 60-26C. 3. That the abc~e-entitled Storm Sewer Improvements, although separately instituted, can be more economically completed if consolidated and joined as one project. 4. That it is hereby ordered that Storm Sewer Improvements No. 60-26B and 60-26C shall be and hereby are consolidated and all subsequent proceedings shall be conducted in all respects as if the various~separate proceedings had originally been instituted as one proceeding, pursuant to Minnesota Statutes, Section 435.56. 5. That the said consolidated proceedings shall be hereafter known as Storm Sewer Improvement No. 60-26D. 6. The plans and specifications approved on April 26th, 1960 by this Council for Storm Sewer Improvement No. 60-26D are hereby adopted and approved as the plans and specifications for Storm Sewer Improvement No. 60-26D as herein consolidated. 7. The Village Attorney is hereby authorized to negotiate the sale of the bonds of the Village to finance the costs of said improvement, and is further authorized to negotiate and take such necessary actions as deemed necessary to obtain easements and right-of-way required for said construction. Dated the 7th day of June, 1960. Attest: (Seal) RESOLUTION AWARDING CONTRACT FOE THE CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 60-26D. BE IT RESOLVED by the Village Coumcil of the Village of New Hope, Mimmesota as follows: 1. It is hereby, found., determined amd declared t~at the lowest responsible bidder for the work amd materials necessary for the comstr~c- tion of Storm Sewer Improvement No. 60-26D, bids for such comstraction having been duly advertised on the 19th day of May and the 2md day of June, 1960 in The North Hemmepin Post, the official rmwspaper of ~ Village, and in the Comstruction Bulletin, is Montgomery Construction Co. in the amour of $116,484.62, and the said bid being in all respects according to law and with the published advertisement for bids and with the plams and specifi- carious heretofore approved by the Co~mcil and now on file in the office of the Village Clerk, amd the Engimeer of the Village, Otto Bonestroo & Associates, Imc. have recommended that said bid be accepted and said bid is hereby accepted. 2. The Mayor and Village Clerk (or Deputy Village Clerk) are hereby authorized and directed to make and execute a contract on behalf of the Village in accordamce with the terms of said hid, and to validate said contract, said bidder shall he required to furnish a contractor's bond in the base amount of his bid, conditioned as required by law. Attest: Dated the 7th day of June, 1960. Clerk Mayor (Seal) RESOLUTION DESIGNATING PROCESS OFFICERS AND PROVIDING FOR DISPOSITION OF CERTAIN FEES. WHEREAS, the office of Village Constable has been abolished by Village Ordinance No. 57-7, Chapter 51, and WHE~, it is provided by statute that in any village in which the office of constable has been abolished that the Council shall provide one or more process officers, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that the Chief of Police and all police officers are hereby designated as process officers. IT IS FURTHER RESOLVED, that all fees received by them for performing the duties of constables shall be paid into the village treasury. Passed by the Village Council and approved by the Mayor this day of June, 1960. Attest: Clerk (Seal) Extract of Minutes of Meeting of Village Council Village of New HoPe, Hennepin County, Minnesota Held June 7, 1960. An adjourr~ed regular meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Mall in said Village on June 7th, 1960, at 7:30 o'clock p. m. The following members were present: Honsey, Trucker, Ohman, Marshall and Collier and the following were absent: none. Member its adoption: introduced the following resolution and moved RESOLUTION CONCEILNING THE ANNEXA- TION OF CEI~AIN PREMISES. WIIEREAS, all the owners of premises situated in the State of Minnesota, County of Hennepin, described as follows: The West 130 feet of the South 305.1 feet of Lot 32 and the East 163.6 feet of Lot 32, Auditor's Subdivision Number 324, have petitioned the Village of Crystal for detachment of said premises from said municipality, and have petitioned the Village of New Hope for annexation con- currently of said premises, and WHE~, all the owners of said affected premises have consented in writing to the detachment and annexation as mentioned aforesaid, and WHE~, the Village Council of the Village of Crystal has by resolution agreed to such detachment and concurrent annexation, and WHEREAS, this Council finds that annexation of the premises described above to the Village of New Hope will be in the best interest of all concerned, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, that in accordance with Section 6, of Chapter 686, Laws 1959, that it hereby agrees and consents to the annexation of the above-described premises to the Village of New Mope concurrently with the detachment of said premises from the Village of Crystal. BE IT FURTHER RESOLVED, that upon passage of this resolution, it be transmitted to the Minnesota Municipal Commission. day of ~~ , 1960' At t e s t: MaWr (Seal) Clerk The motion for the adoption of the foregoing resolution was duly seconded by M~mbem~Marshall, and upon a vote being taken thereon, the followimgvoted in favor thereof: Honsey,.Trucker, Ohman, Marshall, Collier; and the following voted against the same: none. Whereupon the resolution was declared pmssed and adopted and was signed by the Mayor and attested by the Clerk. STATE OF MINNESOTA COUNTY OF HENNEPIN ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a t~e, correct and complete trans- cript from the original minutes of a meeting of the Village Council of said Village held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to annexation of premises to the village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Village Cle~% and the seal of said Village, this 7 day of June, 1960. 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LI areas have :oniOr~itlngme trial at ~be. ti . ~ ~mity o~ of ~he ~'I ~ener~ ~e~tlo~'' __ s~S~ ~ - ~o~C°aIE~o~tlau°~s ~e oi denftal arc~ ~.seS for ' ~ubseque~.m{~ to uiaaU~n~ "--~r ~7 .~ in c9~?'~- this uses c,,, _,da~o~' M.t~c~ - al'ttab e re~ ~e ~7 ~ tce Ia i~ locatem ~dust~Y ro~rt~ ~y ~oa-~a per~ -or~in~nce,~ shall e aarp ~o , ~er, , tot b~.c 15 :~ ' --~ct~ .... e Pr°~i~m~ ~o~s ~'~ o~ i geq~. ~a~6, --ea or a~e~s~; thts CerU' :~clde~}.-' 'Suc ~tte~ ~o~e~ ~. th~ ~ce, ax, .eqUines, o~ ~t~i~g ~' oCC~e ~sO~ ~ the · ~..vOe~" ~c, RO~ .~8eSe% ~, .;~ ~e o~-te~a~/~e~ ~ ~u ~g? _~ ou=~ ~e~e~ o-~;n sx~._ u Be ' ~t~* ~c~O~ 3. ~'~as ~T~ 9er~°' a~ 1. ~ +he ge~e' ' ~- ~;a' ~' We~;"~o~e''' a~'~e~ ~ l~.~tationS s~al~ & ot~er ~ °~t ~ Aa are and~ '~ro ~' ~s o.~.~e .. ,r~h;_Praetlo . ' ~el~_- ~t do 2~!f/i:e2?5.e, a ytt~i~he ~ieOj~ ~ ~ater. RESOLUTION A~KN(7~JLEI~ING RECEIPT OF PETITIONS FOR SUBMISSION TO VOTERS OF QUESTION RELATIVE TO ISSUING $310,000 WATER BONDS AT SPECIAL ELECTION BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. This Council hereby finds, determines and requires that it has been presented with pe~itions signed by a number of voters equal to mo~than 20% of the votes cast at the last annual Village election, petitioning for the submission to the voters of the question of issuing $310,000 Water Bonds of the Village at a special election, said question being incorporated in the official ballot attached hereto. 2. This Council further hereby finds, determines and declares that the question for which a vote is demanded is substantially different from any questions submitted to the voters in an election within six months previously. 3. The question of approval or disapproval of said question shall be submitted to the qualified electors of the Village at a special election to be held on the 12th day of July, 1960, between the hours of 7:00 A. M. and 8:00 P. M. at the established polling place for Village elections, to wit: St. Jacob's Hall. 4. The following are hereby appointed to serve as judges for said election: Glenys Parks, Ag~s~Mork, Sophie Sorenson. The following are hereby appointed to serve as alternates: Marion Sathre, Mrs. Clayton Donnelly, Dorothy Honsey. Said judges shall appoint two qualified voters in the Village of New Hope to act as Clerks of the election and two more as alter- nates. The Council recommends to the judges as experience, qualified Clerks, Vern~Jones and Mrs. Florence Knutson; and as alternates Mrs. Ann Hagel, Mrs. Lucille McDugall. 5. The Clerk is hereby authorized and directed to cause official ballots to be prepared and furnished to the election officials for the purpose of voting as specified above, and to cause said notice of election to be posted according to law, at the polling place, at the office of the Village Clerk and at at least three other public and conspicuous places of the Village, not less than ten days before said election day, and to be published in the N®rth Hennepin Post in the issUes of the 23rd and 30th days of June, 1960. Said Clerk shall also provide the election officials with suitable tally sheets, polls, forms of official returns, ballot boxes and other necessary supplies for the conduct of said election. 6~ Said election shall be held and conducted in the manner prescribed by law and the returns of the above shall be filed by said judges with the Village Clerk and the Council shall meet within two days after said election, to wit: on July 12, 1960 at 10:00 ~. M. to canvass the votes and to declare the results appearing from said returns and to take such other and further action with reference of the said election results as shall be deemed necessary and eXpedi- ent. 7. The Notice of Special Election following, and the official ballot following, are hereby approved for posting and publication in substantially the form indicated and the question as shown on the official ballot are hereby approved as the official question to be submitted to the voters. SAMPLE BOND BALLOT, VILLAGE OF NEW HOPE, MINN., SPECIAL VILLAGE ELECTION, JU'LY~ i2, 1960. "Shall.the Village of New Hope, Minnesota issue its gemeral obligation bonds in an amount not exceeding $310,000.00 for thePurpose of constructingexten- sions to the Village ~ter system to serve: (a) Proposed Boone Avenue North from a point 135 feet South (more dr less) of the Southwest corner of Gethsemane C~metery (being the Southwest corner of the NortheaS~ quarter of Section 18, Township 118, Range 2!) ~to 27tn Avenue North (Medicine Lake Road), being more particularly described by a legal deSCription on file in the office of the Village Clerk, and available for sPection by any interested person, and as also described (referred to here for reference only) in the Notice of Hearing for Proposed Water Improve- ment No. 60-33 of the Village, as published in the North Hennepin Pos~ the official newspaper of the Village on May 19 and May 26, 1960. (b) Proposed 28th Avenue North as shown in the pro- posed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed Xylon Avenue North, being within the Southwest Quarter (SW~) of the South- east Quarter (SE~) of Section 19, Township 118, Range 21. (c) West Broadway from 62nd Avenue North to the Village Boundary at 60th Avenue North (extended). (d) 62nd Avenue North from West Broadway to the East boundary of the Village. (e) Winnetka Avenue North from 44th Avenue North to 46th AvenUe North. (f) 33rd AvenUe North (eXtended) from the Easterly boundary of New Hope'to proposed BOone Avenue North being in the North half of Section 19, Township 118, Range 21, (g) All streets within or abutting on Sunset Heights Addition~, Lawrence L. Peterson's Addition, J. P. Riedel Company's St. Raphael Addition, except Lots 12 through 24, Block 5, Lots 8 through 17, BlOck 6; Lots 8 through 15, and all of Blocks 1 and 7, all in J. p. Riedel Company's St. Raphael Addition (h) County-State Aid Road No~ 10 from the EaSt line of Boone Avenue North to a point 250 feet East of the said East line of Boone Avenue North~ and levy special assessments on properties abutting said extensions sufficient to pay such bonds and interest thereon?" ( ) NO ( ) Instructions to voters: If you wish to vote in favor of the above ........... pro~~'~-m~rk-a~-C~r[~-~l-~ -square opposite ~he,'~word If-you wish to vote against the above proposition, mark a c~0 ss (X) in the square opposite the word NO. NOTICE OF SPECIAL ELECTION VILLAGE OF NE~ HOPE BENNEP!N COUNTY, MINNESOTA NOTICE IS BEKEBY GIVEN, that a special election in and for the Village of New Hope, Minnesota, will be held on Tuesday, July 12, 1960 at the regular established .polling place for Village elections, to wit: At Sro Jacob's~Hall, located on 42nd Avenue North (Rockford Road), West of Winnetka Avenue North in said Village° The polls for the said election will be open at 7:00 o'clock A. Mo and will close at 8:00 o'clock P. M. Ail qualified voters of the Village may vote at such election. At said election the following question will be submitted to the voters: RESOLUTION PROVIDING FOR PUBLIC BEARING ON PROP01~ED I/ATER IHPROVEHENT NO. 60-34 BE IT RESOLVED by the Village Council of the Village of New Mope, Hennepin County, Minnesota as follows: 1. It is hereby found and determined that Orr-$chelen, Inc., consulting engineers for the Village, for Proposed Water Improve- ment No. 60-34 have heretofore found that a water improvement for the Village as described in the Notice of Public Hearing on Pro- posed Water Improvement No. 60-34 of the Village, attached hereto and hereby made a part hereof by reference, is feasible and may best be made as proposed and not in conjunction with any other improvement, and the estimated cost of said improvement is $310,000. 2. This Council shall meet at the time and place specified in the said formal Notice of Public Hearing attached hereto, for the purpose of holding a public hearing on the proposed construction of a water improvement as therein described. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Henneptn Post, the official newspaper of the Village, the first of said publication to be on June 23, 1960 and the second to be on June 30, 1960, said notice to be in substantially the form contained in the attached Notice of Public Hearing. 4. Each and all of the terms and provisions as stated in the aforesaid Notice of Hearing are hereby adopted as the terms and provisions in accordance with which said hearing shall be held. ATTEST: NOTICE OF PUBLIC BEARING FOK PROPOSED WATER IMPROVEMENT NO. 60'34, VILLAGE OP NEW HOPE, MINNESOTA 1. Notice is hereby given that the Village Council of the Village of New Mope, Minnesota will meet on the 5th Day of July, 1960 at 7:30 o'clock P. M. at the Village Mall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on the proposed improvement described hereinafter. 2. The general nature of the improvement is the construction of trunk and lateral water mains including house services, manholes, stop boxes and all other appurtenant works and services reasonably required therefore, to serve premises abutting that area in the Village of New Mope, County of Mennepin, State of Minnesota, described as follows: Proposed Boone Avenue North from a point 135 feet South (more or less) of the southwest corner of Gethsemane Cemetery (being the Southwest corner of the Northeast quarter of Section 18, Township 118, Range 21) to 27th Avenue North (Medicine Lake Road), being more particularly described as premises in the County of Hennepin, State of Minnesota described as follows: (1) The East 40 feet of that part of the Northeast quarter of the Southwest-quarter lying East of a line extending from the Northwest corner to the Southeast corner thereof, and the West 40 feet of the Northwest quarter of the Southeast quarter, all in Section 18, Township 118, Eange 21. (2) The West 40 feet of the South one-half of the Southeast quarter of Section 18, Township 118, Range 21~. (3) The East 40 feet of the following described property: Commencing at the Northwest corner of the North- east Quarter 0~E~) of the Southwest Quarter (MW~); thence South 80 rods; thence East 80 rods; thence Northwesterly to beginning, Section 18, Township 118, Range 21. (4) The East 40 feet of the following.described property: The Southeast quarter (SEt) of the Southwest Quarter (SW~), Section 18, Township 118, Range 21. (5) That part of the Northwest Quarter (N-~I~) of Section 19, Township 118, Range 21, lying 40 feet on either side of the following described center line. Commencing at the Northeast corner of the said Northwest quarter (NWt); thence South along the East line of said Northwest quarter (N~t) 1270.7 feet; thence on a curve to the right radius 477.4 feet, central angle of 13 degrees, 37~ minutes, a distance of 113.52 feet; thence Southwesterly on a line tangent to said curve a distance of 565.11 feet; thence on a curve to the left radius 477.4 feet, central angle of 13 degrees, 37~ minutes, a distance of 113.52 feet to a point 160.0 feet West of the East line of said Northwest quarter (NWt); thence North parallel to said East line to the Mouth line of said Northwest quarter(NWt). (6) Commencing at a point on the East line of said Southwest Quarter (SWt) 809.0 feet North of the South- east corner; thence continuing North 1 degree, 09 minutes, 30 seconds West along said East line of said Southwest Quarter (SWt), a distance of 23.99 feet; thence North 14 degrees, 47 minutes, 10 seconds West, 457.02 feet; thence on a curve to the right Radius 437.03 feet central angle 13 degrees, 37 minutes, 40 seconds, a distance of 103.95 feet, to a point 120.0 feet'West of the East line of said Southwest Quarter (SW%); thence North 1 degree, 09 minutes, 30 seconds West parallel to said East line of Soutlr-west Quarter (SWt) to the North line of said Southwest Quarter thence West along said North line 80.0 feet; thence South 1 degree, 09 minutes, 30 aeconds East parallel to said East line of Southwest Quarter (SWt), 1267.66 feet; thence on a curve to the left Radius 517.03 feet central angle of 13 degrees, 37 minutes, 40 seconds, a distance of 122.98 feet; thence South 14 degrees, 47 minutes, 10 seconds East to an intersection with a line parallel to and 809.0 feet North of the South line of said Southwest Quarter (SWt); thence East along said parallel line to point of beginning. (7) That part of the Southwest Quarter (SWt) of South- east Quarter (SEt), Section 19, Township 118, Range 21 described as follows: Commencing at the Southwest corner of said SOuthwest Quarter (SWt) of Southeast Quarter (SEt); thence East 40.0 feet; thence North parallel to the West line of said Southwest Quarter (SWt)of-Southeast Quarter (SBU, a distance of 606.1 feet; thence on a 11.1 degree curve to~:the left, central angle of 13 degrees, 37% minutes, a distance of 123.03 feet; thence Northwesterly tangent to said curve to the West line of said Southwest Quarter (SWt) of Southeast Quarter (SEt); thence Southerly along said West line to point of beginning, except the South 33.0 feet taken for County road. (8) Commencing at the Southeast corner of the Southeast Quarter (SF~0 of Southwest Quarter (SWt), Section 19, Township 118, Range.21L thence West 40.0 feet; thence North paralIel to the East line of said Southeast Quarter (SEt) of Southwest Quarter (SW~), a distance of 606.1 feet; thence on a 13.1 degree curve to the left, central angle of 13 degrees, 37~ minutes, a distance of 104.01 feet; thence Northwesterly on a line tangent to said curve to its intersection with a line parallel to and 809.0 feet North of the South line of said Southeast Quarter (SEt) of Southwest Quarter (~W~; thence East on said parallel line to the East line of said Southeast Quarter (SEt) of Southwest Quarter (SW%)~ thence South on said East line to beginning, except the Southerly 33.0 feet taken for County Road. Proposed 28th Avenue North as shown in the proposed plat of Midland Terrace Addition on file in the office of the Village Clerk, extending from proposed Boone Avenue to proposed Xylon Avenue North, being within the Southwest -Quarter (~W~) of the Southeast Quarter (SE~) of Section 19, Township 118, Range 21. C. West Broadway from 62nd Avenue North to the Village Boundary at 60th Avenue North (extended). D. 62nd Avenue North from West Broadway to the East boundary of the Village. E. Winnetka Avenue North from44th Avenue North to 46th Avenue North 33rd Avenue North (extended) from the Easterly boundary of New Hope to proposed Boone Avenue North, being in the North half of Section 19, Township 118, Range 21. G® Ail streets within or abutting on Sunset Heights Addition, Lawrence L. Peterson's Addition, J. P. Riedel Company's St. Raphael Addition, except Lots 12 through 24, Block 5, Lots 8 through 17, Block 6; Lots 8 through 15 and all of Blocks 1 and 7, all in J. P. Riedel Company's St. Raphael Addition. County-State Aid Road No. 10 from the East line of Boone Avenue North to a point 250 feet East of the said East line of Boone Avenue North, 3. The estimated cost of said improvement is $310,000. 4. The area proposed to be assessed for the making of said improvement shall include all improvement properties abutting the premises described in paragraph 2 and subparagraphs thereunder. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect for the making of said improvement. the~___day of June, 1960. Dated Don Trucker Village Clerk Published in the North Hennepin Post the 23rd and 30th days of June, 1960~ RESOLUTION ABANDONING PROPOSED WATER IMPROVEMENT NO. 60-33 Be it resolved by the Village Council of the Village of New Mope as follows: 1. The sale of bonds and the proposal to assess the cost of same for the cmnstruction of Proposed Water Improvement No. 60-33 of the Village of New Hope was defeated at the poll by a vote of 132 to 128 on the 14th day of June, 1960. 2. The said Water Improvement No. 60-33 is hereby abandoned. 3. A petition for a vote on a new water improvement having been presented to this Council by more than 20% of the number of votes cast at the last annual Village election, which petition includes as a portion of the proposed new water improve- ment the same construction included in Proposed Water Improvement No. 60-33, the Clerk is instructed to hold the bids for said con- struction for consideration in conjunction with the construction proposed by the petition. Dated the 20th day of June, 1960. Mayorw ATTEST: ~ Clerk RESOLUTION AUTHORIZING PARTIAL CONSTRUCTION OF STRRF. T IMI>ROVEMENT 60-31 (SECTION A), RESERVING A DECISION AS TO THE CONSTRUCTION OF THE BAIANC~E OF THE PROJECT, AUTHORIZING PREPARATION OF PIANOS AND SPECLFICATIONS. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. That a public hearing was held as to the construction of proposed Street Improvement 60-31, pursuant to duly published notice in the North Hennepin Post, the official newspaper of the Village, said hearing being held on the 14th day of June, 1960. 2. That ~his Council has considered the views of all persons interested, and being fully advised of the perth~ent facts does hereby determine to proceed with the construction of a portion of Street Improvement 60-31, more fully described hereinafter, said portion being hereby identified as Section A of Street Improvement 60-31, with the remainder of the proposed improvement, or such portions thereof as shall be subsequently ordered by this Council, to be determined hereafter. 3. Section A shall consist of street construction as indicated in the fol- lowing areas: a. Meadow Lake Terrace Addition, except Boone Avenue. Temporary surfacing (double seal coat). b. Sullivan's Hillcrest (2" plant-mix asphaltic concrete mat with machine-laid asphaltic curb. ) c. 36th Avenue North. Temporary surface (1%" plant-mix asphaltic concrete mat, or road mix asphaltic mat.) d. Oregon Avenue North. Dust coat. e. Nevada Avenue North. Temporary surface as described for c. f. Pennsylvania Avenue North. Temporary surface as described for paragraph c above. Above references to streets and to additions are to be construed as outlined in more detail in the notice of public hearing for Street Improvement No. 60-31 on file in the office of the Village Clerk, and as published in the North Heunepin Post on June 2nd and June 9th, 1960. 4. Otto Bonestroo & Associ~es, Inc. are directed to prepare final plans and specifications for said Section A. 5. The area proposed to be assessed tot pay the cost of said improvement shall include all property abutting the above-described street construction and as included in the notice of hearing, except that it is not proposed to assess for the work done on Oregon Avenue North, Nevada Avenue North and Pennsylvania Avenue North as described above under this project, the said areas being ~ncluded herein for con- struction purposes only. Attest: Dated the 21st day of J~ 1960. (Seal) RESOLUTION REJECTING BIDS PERTAINING TO PART A OF STREET IMPROVEMENT 60-31, SECTION A AND AUTHORIZATION OF RE- ABVERTISEMENT OF BID FOR SECTION A. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. The bids for Part A of Street Improvement No. 60-31 (Section A), ha~ing been duly advertised in the North Hennepin Post, official newspaper of the Village on June 30th, 1960 and July 7th, 1960, have been received, the tabulation of the same reviewed, and are found to be too high and ought to be and hereby are rejected. 2. The Clerk is hereby authorized, with the assistance of the Engineer and the Attorney, to cause to be published a new advertisement for bids for the construction of said improvement, to be in substantially the form of notice contained in the attached "Revised Advertisement for Bids" and to cause the same to be published in the NOrth Hennepin Post, the official newspaper of the village. Dated this 12th day of July, 1960. Attes t: .... /~-~/~ Clerk MaYor~ (Seal) Ordinance No. 6ILLS Chapter No. 29 AN ORDINAN~- ~G BY I~EQUII:IING L~CENs , PERMITS A~ ~i.~ES AND RESTRICTIO~ .... ~SING V/]~age ~w ~ope SECT/oN ~ i%am: No person~ ha}~ ~CENsE REQUIRE bu~Id~n~ w:+~ i~ ' nmve or r~ .... ~ . %nDe without h-~' ~' rue Village ~e~ved an annum ,/Zlng applied for er. ApPI/cai/on ~ ncense as a ho made to +~ ~ ~..for such l/cen~ ~Semov- b-, ~h -~= vnlage u~,~_ =--~ saM/ be s ~.e VHlage Clerk _~n a corm sffPplied an annual f~e of ~1,0 ~u.,Upm] payment Provided no =- ~ ,:~,u *neretor. . age Council c'- .... approved otb- . uamages which ~a_Ytwll/ Imy any and person or public .y ue caused to any shall c a aleuts, employees or w -. or h/s ~mned a/so that t~ ,' orkmen, and con- of New ~b""~ ~eep harmless ~. ments, costs and ~--- afl habHmes, /ual*- any Wise accr-~ ~p~nses wh/ch m~v 9r Dermh vn ~e ~' un~ of such //cense L' ~. strictly comply with thde pro v's~ons of thru ordinance and with the co - . ~rov/ded, furthe~re~rider. Y ~f;.a~..g ~ ~u/id/n~ u~oJ~p moving or ~91~t a hcense o.% v,*~ ms own ~and ~CT1ON 2 ..~ermit. ' [pPI~}p and receive a -,~- '- - y ~d .~nd,tmned upon au ~._h permit shall be ~e conair/Ohs of +~;.~o~yance of all of ject to all read ~31a mamance and su oil In ~r~'""p°sea ay the Vll~2U ~nd ~ay stipdlat~"ea~nt~ to b~. fo/low& runs rot crossm, s...~15 .~9aSona?le condi- ~. elem~vals of bm/ding over public t~e ts shall be done with the great est Speed reasonably ~ossP-' - ' g exceeding five tons mop- asr 24 inch~ D'~cu._uPon wheels road or subN¢=~ re.wroth unless s-~ ed w/th-/hr2~ ~Y/s ~dequately the Same ~-~ ~¢c9 P~anks to ..... m , ~ ~ u/Id- puohc ground ~.~(Y. S?e~t, adey or naviuc el'ar"i ~,crmg~/, the person anon thereof and o'[ ,~O~mg }he situ- burnina overnight ~,m. aced the same ~l/eys or ~,bI?~° ~o._~n 9~e streets, rage, shall, ever,,S~J~"?s et the Vil- ~ee~~:u~ mm., notify the ~' - ~re ~epar/ment of th- xrk~lei of ~ge o~ said de- partment, as ~b .the ex, ct /dca/ion of every ~uch budding wh~l o~cupymg any uor*:~- % ~ae same is e.~°1' pubizc ~'r~ o~ any street AL Oi; WIR9 ~MPORARy hkG U ...... = ~uR BUiLDiNc~Xv- in~ '~ ~_[ne request of ~-_ -'~' .... VH~g~ m~5 ~Tf/~~g permit issued ~ ~,,any ma/~taimn~ . , corporation or corn ~-~c, places shal/ tt~_~uu{%e Ways and m~~-. ~e. expense of s-~2mYmg of build- b} vaiz_ r3~smg or /OWeri~a ?mpprary andP}~a.o~ the person re-~=-~ Wl~es shall o~a. ue paid in adwL~¢}mg t~e Same, (4 e of not le quested. ~.~2 hours shM1 be =;.ss than forty-eight ""~emporary wi~= %~en to arrange fur oYa permit fee :~ -, Snail be of glO.O0. SECTION 5. STANDINGs FOR SUANCE. The Viih fuse to iSSue ~ ~ _ !ge. Council ~,~, IS- (a) that an~ Pae~~q!lt ~f h finds:~"au re- PP/maffon re · tn) that the b~'~}~in . -een ~Ove without e~dJ3 tad large to lc) that th~ b~-,hq -~e ViIlage. ' ~ons of ~eterior2;pj~gZs ~. Such a state otherwise so ~r- f ~jsrepa/r or Js id) that the buiIding is ~_or unfit for .~tructuraJly 3zqeh moved if U' isle purpose for (e) ~.~n~,~he V/ilage/~e removal location s.~2[ rue apPi/canffs eq.:.,m _ . ~aand that persons~'~nt ~s new treated by tine buB,~; .w s/ ~at for any other reas~ p~operty in the Vill un persons or 9angered ay ~5~ . Use would be ~ moving of the build- SECTioN 6. VIOLATIO~ OF MIS ~bNO~. Any P~on violatb,g- ~n~ not exceed;n~'~,h ~ punished by ~ ~fion ~j~Y We!arran shall ~2'~.~' ~ach day that '"~? separate offs.~~*"nue Shah const/. ~?y of any secti;n v~ID/Ty. Fhe /nval- ~*mu under th~s ~rd:~use' sentence or nro- u:e val,Ymty of on =yance shad not -~ hence Which c~Y~°tn? part of this such n:vai/d par~' o~e g ...... ~ect <~CT~,, r parts o Z~ ~;~ 8. EFFECTI'VE DATE This ramance suM1 be in for 4aJ[a~}ej ~y t :e Village C~-- ~ a · /Une, 1960 ~uncn t~/s 28th AA'rEST: · ' DON TRUCKER Cierk ' (SEA~) ' (Pu,/iShed in July 7, 1560). The North Hennepi~ Post, Ordinance No. 60-$ Chapier No. 26 AN ORDINANCE-----~EGULATING THE INSTALLATION, CON. STRUCTION, EXTENSION, AND REPAIR OF INDIVIDUAL WATER SUPPLy SYSTEMS; 1REOUIRING PERMITS FOR, PROVIDING FOR INSPECTION, AND PRESCRIBING PENAL- TIES FOR NON'COMPLIANCE Village of New Hope The Village Council'-~f the Village of New Hope Ordains: SECTION i SHORT TITLE The title b ' ' - . · short the Villa~e of ~-~J-~ ~runng Ordinance of cI'ION 2. PERMIT REOkrlRED Before proceeding with the construction of ueepen/ng of an existing well to the deeper strata) the OWner or hid agent Shal first obtain a perm/t for s,mh purposes t __SECTION 3. 'A~3i~LiCATiONS TO B In WRITING A~-ii .... E shall be made in writinr,., ~ .- t ~ s po};se/ by the Village aerk SECTION 4. WHEN WEf. L DRILL- 1AC PERMIT SHALL NOI lgE IS- SUED, No well drilling permit shall be issued where: ia) T~ .. . ~d~ _7'r?p°sed new well is to be Struction, and ih) 5[he said new buildiug construction is an area which the ¥'illa~e Council determines by resolutian, as a find- ing of fact, will or can ~e serve. the municipal water system ;vltnm a reasonable time ...Den the construc- t/on of trunk mains. SECTION 5 CONTA,k,I~NATiON · - . Each water supply system shall be so located and constructed so that it will not i:e con- taminated by any existing or future Sewage diskosal system. It shall .dso be coustrdcted to mmun/ze the possible contamination of tr.e v. ell frmn all possible external sources within the geological strata sur:'oundmg the well· · SECTION 6. LOCATION. Wells shall fioomng and the top s. all be so construct- ed and /ocated as to be above ah possi)Ie sources ,2f pollution· No weil shall be h'cat- ed closer than three (3) feet to the m.~tside ~asement wail of a dwelling. The outside basement footing shall be cont;nuous across the %ening et tee well auzove, No well s. ball oe located closer than fifteen · -eet icom a property 'me. T~ze following m/nimmn distances between a x~el complied with: ia) Buried or concealed extra heavy cast iron sewer or drain lines with lead caulked, air t.ested joints -- 20 feet; (b) Vitrified - clay or concrete sewers t/on described above, septic tanks, or drain fields - 50 feet; (c) Dry wells, seepaEe pits, cesspools 25 feet. ' Section 7. Location in Pit. No well shall hereafter be installed in a pit below the surface of the ground unless such welt is au alcove obening directly i~ to the }~a~ba~seme.nt area of the building being ~ea,~ny the well. The well pit floor ~, -, ~c constructed according to the re- quirements of pmnp room floors outlined in this ordinance. Section 8. Where Termination of Well }'rob/hired. No well constructed in the Village of New Hope shall terminate in the Deem'ah Shale, Platesville Limestone or Shakopee-Ansota Belmnite. No existing w.ell shall ~e increased in depth to ter- minate in these formatious. Section 9. Diameters of Wel/ Casing. The m/nimmn diameter of any finished well casing shall be four (4) inches. Well ' casings shall be constructed of weld- ed or coupled steel or wrought ~ron and shall conform to the following specifica- tions fdi' welght and thickness. Weight per lin. ft, Wall with threads Diameter Thickness and couplinEs 4" .237 inches 10.98 lbs. 5" .258 inches 14.8 lbs. 6" .280 inches 19.45 lbs. 8" .322 inches 29.35 lbs, 10" .365 inches 41.85 lbs. 12" .375 inches 51.15 lbs. The casing of any well constructed eh- tlrel, y in unconsolidate format: ~?s~dto. a de~pt,h of lO0 feet' bgloSv~a~st[~] · ~srOunu ravel or through th ~m,p. efvmus soil formati^- °2 e_ f~r~t Wmcnever is ~" ~ncounterea, ' deeper and at least 5 feet below pumping level (level be/ow level to which the water s r' .ground u race is low- ered in the well during Pumpin ) a water-bearin~ form-"~- ' g. Where a ~lUll is encountered duri¢g well contraction at a devtli which ~atls~je¢.,~hese. mmnnmn requirements the acce~tamnty oI the formation for weI} de- veld}recur si:ail be base~ on the satisfac- tory results of analysis of the water by a cmnpetent laboratory. Any water-bearing formation yielding water which is taminated, as evidenced b the o~ shemicals or bacteria of Yse ...... presence ~ ~ ~ardea as unsatmfactory for wd/ development. Where a weq :~ ' [~ t~e St. Peter Sandstone or the Jordan ~2~e2e' fo~ati Dec°r}hl. piattevill .... d OhS snan ~e sealed off. In the case of a well finished at a d/am- etsr of ~" and extending thru the Pla t w{lle Limestone this sk . , t e- phshed b~, /n~*-~["-~ .~- ~e accom- eter casinc from the surface thru the alee/al drift and into the Platteville Lime- stone. A nominal 5" (rain/mum) open bole shall then be drilled thru E~e unde- sirable formations and at ieast 20 feet into the continuous non-faulty consolidated St. Peter Sandstone and/or at least 20 feet ~elow the P~ping water level, which- ever is lower, ~ lulnlnlEin 4" liner shall then be installed from the surface to the bottom of the 5" hole, and the bot- tom 10 feet shall be grouted in place. T-e nominal 4" open hole shall be con- tinued /Ute the water-bearing fro-marion such distauce as is necessary to provide the required water supply. In case of ~ = ~ ' snail be constructed proport.onaliy. Section :aA. Existing Wells. The mini- nlthn ~:ameter reqn/ren ent o~ ~ inches pro- vided m Sgctio~' 9:a~0ve shall ngt apply to the 'd~epening Of"any w&l/ exisdng,:~t ti~e ~ate o~ ~ua&at:on O~ t~is Orainande winch fllg a' Weii('ca~ing ,6f 'legs 'elmn inches. SUch Wmls may ~e 'deepened: even though tiie exten~e7 'w~;I casing shaii~ less titan four i4) roches, in ui'ameter; all component ~arts5 proportiofi~l :- , vi~2ticzL:?~. Tempefat~ 'Weili. Thb ProL -so s or ~ectidl~ 9 and-10-~f this Ordi- n=me shad not apb:~ m any7 w~il cb/~tru~tz ~,tnat ~ of a tsmporary nathre2 zNo *~.. ~or construction Or a 'tem~orar)-: well ~na sat~S pFd,/de ~he :/eceisat~~ w~e~ ~nat .t/e construction of a hence would Wofa a' hardship ~fJo~ the apl plicant. Section lot Minimum Production of Wa- ter, All wells for domestic useb hereafler constructed in the Village of New H{pe, shall produce a h¢inlmfini;initial sU~ptf 0f 900 galIons of sand-free water per Section 11, Mannee 76~ Ih~f/llatioa:~ The pump an dequipment shall ~qhstalled in a manner satisfactory to the Village af New H?~ ~d shall contorm to the fblto~ing: la) ~um9 and equipment shail ue siRned ~6 aisare a 001lUtion-pfbof and frost-proof installation. (b) The ~ump ~aae"~hlff'be eOn~ructed so as to permit installation of a water-tight mounting. (c) A well seal shall be uke~2' Such well seal shall be of simple construction easily /nstailed, removed and rein- stalled should it become necessary to remove the drop pipe for repair. id) T~e. top of well easing shall be a ?immure of 18 inches above the Dasemeut floor level and the seal qhall be so constructed dud installed as to maintain its water-tight feature, should flooding occur. The pump room floor shall be at least 6 inches adore the surrounding grade and the cmmrete platform shall be miuimmn 4 inches a~ove arad¢ it the cage. (e) Suction lines installed through the well casing, or where qtherw/se in- stalled less than 10 feet below ~rade shall be provided with an outhne protective casing. Such protective casing shall be set watertight into the well ca.ag. The suction llne shaft be caulked into the protective ~a~]~ .~.proMd~ a watertight joint suction line shah slope Upward to- l~ar{ t~e pump. Where a suction ne ~s urought into a basement from a well located some distance from the basement, the pump snail be lo- cated at least 18" above the l:ase ment floor. if) Provisions s. hall be made 'n the seal %r tut : well - ure measurelnents of static and pump levels. Section 1~ Chlorination Afte siaJlaton of *~-~ . · r fi.al in- .2/i' ~.:a..ue pumped contlnu~,,,.- .,, the ia) Iutrodu~e into the well one ,~ou id of high test (70% or eeuivalent ~aIcim hypoch/orlte (chlorifiated 1/me) scattering same over the surface of the water in the well so *hat the Powder will sick to the bottem, tbe:e2v vermeating ti~e Supply. (b) If ro~v~er cannot be intrmduced di- r.ectly, thkn mix One pound ,f cai- mum ~yPochlorite high t~t o eqmva~ent) w~th f~e galtons of wat:r and pour the mixture into the weJh (c) Ailew the chemical to remain in the well for at least twelve hours· then pump to waste unt/1 the .:!or and taste of the chemical have ~ract/cally disaapeared id) %thOre ca!eium hvpochlor;te tablet the/ shall remain in the well for a minimmn period of 48 hours before it is pumped to waste as stat- ed above. (e) We!is larger than four inches in d/ameter recuire "'roporfionally larger doses of the Cb~n,,icaJ for chlorine. t!on boU/ shall not have a eoneentra. t on a~plled solution less than 150 parts per mil/ion for ~we/ve S~ctio' 13 t-Ica!th Requirements. Ail eommere/al welIs shaIl comply with require'ments of the Minnesota State the n - De- J,~nlent of IIeakh for 0ublie water sup- /)lies Section 14. Affidavit shall be iiled ef Te~t ~esuh. Ur~on completion of driIlin< a well. a pumping test of suffic ent dura- ti';n to determine the yield and ., ' ~ ~e conducted. Within fif- teen days after insl;ection ~f +h P:r/ntt holder shall' f;le an~ =~}~e, ,~Cll ?? the Villa£'e Clerk ' ~...rawr w~tq setting forth the resu/ts of the pumolng te~t the · wel! **.~ ;- , capacity of the :----,~ca¢ pumpnlg tevel, the depth o~f cas- m~ rrqm grade ant leu*th and size of c o ~ t ~;~° 5inc al d rl~l~.n o f the f .... tie ..... . ' ~ q g each well shall he ~eot dy the driller· A copy of said log t~;?.ed on,.8½" x I1" p. aper shall be iii'~' a~o~g w~tn the well aff~davit and such loegd shall specifically state where impervious formation is encountered. Failure to pro- v/de such a log or affidavit, or willful failure to provide accurate information with res;eot t crete shall constitute a vim let on of this ordinance. Section 15. Wells Prohibited for Certain Purposes. The construction of a well for .~he purpose of disposing of any liquids, Including surface waters, air covdhi-miu~, or COmmercial wastes shall be prohibited the Village of New Hope. Section 16. Terms Clarified. The fol- lmv/ng terms used in this ordinance are clarified as follows: ~a) Drawdown __ The change in S-ar- face elevation of a body of Water as the result of the withdrawal of water therefrom. (b) Glacial Drift An assemblage of .deposits left b~-the melting of an ~ce sheet or glacier. It is composed of an accumulation of unstratified material of all s/zes which formed at the margin of the ice. (c) Grout -- A thin mortar consisting of portland cement and water or port- land cement, sand and water in the following proportions: (1) one sack cement to 4~z to 5~ gal- lons of water. (1) one part cement, one part dean sand and 4~& to 6 gallons water. The sand grout shall be used only where abnormal loss of grout to crevices or default occurs. id) Log .-7. A chronologieal record of the sell and rock fdrmations encoun. tered in the operation of drilling a we/l, with either their thickness, or the elevation of the top and bottom of each formation given. It also in- eludes statements as to the composi- tion and water-bearing characteristics of each formation. (e) Porosity -- An index of the void characteristics of a sell as it per- tains to percolation. if) Turbidity -- A condition of a liquid due to a fine visible material in suspension, which may not be of RESOLUTI ON AUTHOP~[ZING ISSUANCE OF DUPLICATES OF $15,000 TEMPORARY .IMPROVE~NT BONDS OF 1960, FIRST SERIES, OF THE VILI~GE, TO REPIACE SIMIIAR LOST BONDS, and PROVIDING PROCEDURE IN CASE OF PRESENTATION FOR PAY~T~ OF ORIGINAL BONDS OR COUPONS BE IT RESOLVED By the Village Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found, determined and declared that the Village did on January 26, 1960, deliver to Juran & Moody, Inc., of St. Paul, Minnesota, and associates ~500,000 Temporary Improvement Bonds of 1960, First Series, of the Village, dated January 15, 1960, and did on said date receive payment for said bonds at par plus accrued interest; that the issuance of said bonds was authorized by resolution of this Council adopted on January 1R, 1960, wherein said bonds are more fully described; that to the best knowledge, information and belief of the Village~ $15,000 of said bonds, being those bearing serial numbers 76 through 90, were on February 2, 1960, mailed to the First National Bank of Hettinger, North D~kota, as purchaser thereof, by Kmlman & Company~ Inc. of St. Paul, Minnesota, a member of the underwriting syndicate; and that said securities were not delivered to' said bank nor returned to the sender and are believed to have been lost or destroyed in transit in the mail. 2. If is further found, determined and declared that said First National Bank of Hettinger~ North Dakota, the owner of said lost bonds and coupons, has requested the issuance of duplicate bonds and unpaid coupons to replace said bonds and coupons which have been lost, and has given a satisfactory surety bond to t he Village and its agent for payment of said bonds and interest thereon~ the American National Bank of St. Paul, Minnesota, in accordance with Ninnesota Statutes, Sec. 475.70. 5. Duplicates of said lost bonds and unpaid coupons shall be issued forthwith by the Village to said First National Bank of Hettinger, North Dakota. Said duplicate bonds and coupons shall be identical with the missing obligations, except that the blanks used for printing them shall be of a color other than green, and except that there shall be printed prominently on each bond and each coupon the following words: "DUPLICATE. Issued on , 1960. Village Treasurer." Said bonds'shall be executed by the signatures of the Mayor and Clerk holding office as such at the time said duplicate bonds and coupons are ready for execution, and by affixation ~f th~ V~11~ .q==l ~ +~ ......... 4. In the event of presentation for payment of any of the original bonds or coupons replaced by said duplicate bonds and coupons, the paying agent, American National Bank of St. Paul is hereby instructed to refuse payment thereon and to notify the Village immediately. Said bank and the Village shall also immediately notify the St. Paul Mercury Insurance Company, 385 Washington~ St. Paul, Minnesota, the obligor bound under the surety bond mentioned in paragraph 2 hereof. In no event shall the Village or said bank make any payment of any bond or coupon replaced by the issuance of a duplicate unless after thorough investigation of the right of the holder to receive payment and authorization of or concurrence in payment in writing by said surety company and by the Village Attorney. 5. The Village Clerk is hereby authorized and directed to transmit a copy of this Resolution to the coupon or collection department of said paying agent bank. Mayor ATTEST: Clerk OPEN PENAI,TY INDEMNITY BOND .t re ent , ST. PAUL MERCURZ INSNRANCE COM2°~ANY a corporation organized under the laws of Mirmesota and duly author&ed to transact the business of insurance in the States of New York and Minnesota , among other States, and having an office and place of business at 385 Washington, St. Paul, lW~nnesota as Obligor (hereinafter called "Obligor") is held and firmly bound unto American National Bank of St. Paul, Minnesota; and the Village of New HoPe, Fdnnesota and unto all such individuals, firms and corporations as may now or hereafter be acting as Transfer Agent(s), Registrar(s), Redemption Agent(s), Depositary(les), Trustees and unto any other Paying, Distributing or Dis- bursing Agent or Agencies in respect of the below-mentioned certificate(s), their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum not exceeding the maxi- mum for which Obligor may lawfully obligate itself in respect of any single risk, lawful money of the United States, sufficient to indemnify ObHgees, their respective legal representatives, successors and assigns, in case of a default, under the conditions of this bond as hereinafter set forth, to be paid to Obligees, their respective legal representati~,es~ successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself~ its legal representatives, successors, and assigns, jointly and severally, firmly by these presents. SEALED with i*m seal and executed in day of June , 19 60 · 2 counterparts, this 2nd WHEREAS, the Obligor represents that the First National Bank of Hettinger, North Dakota is the owner of Bonds no. 76 - 90 @ $1,000 for the Village of New Hope, Minnesota ~j (such security or securities being been mislaid, lost, stolen or destroyed and cannot be found or produced, by virtue requested Obligees to ~sue to First National Bank of Hettinger a new or duplicate instrument or instruments, or to pay to FLvst the amount due on said original or originals without stamping or for any other purpose; and WHEREAS, on the faith of the for~ - Obligees have complied or agreed to - NOW, THEREFORe- legal representativ~ be found or ~ of any-~- hereinafter called "original" or "ori~mais"), and that" the original or originals without surrender thereof, whether or not caused by, based upon or arising out of inadvertence, accident, oversight or neglect on the part of Obligees, or any of them, or their respective officers, agents, clerks, or employees and/or omission or failure to inquire into, contest or litigate the right of any applicant to receive ~.'my payment, credit, transfer, registration, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instruments under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; otherwise shall remain in full force and effect. AND the Obligor, in consideration of the issuance of new or duplicate instrument or instruments hereby agrees with the Obligees, that, in case any litigation shall be instituted in any wise related to, touching or affecting the Obligees, or any of them, with regard to the issuance hereinbefore requested, it will be responsi- ble for such litigation on behalf of the Obligees, if so requested by them, or any of them, and, in any event, will pay all costs, counsel fees and charges connected therewith, whether such litigation shall have been participated in by it or not. The Obligor further agrees that in case the mislaid, lost, stolen or destroyed original or originals be found or come into the hands or power of any person, then the Obligor will forthwith, on demand, obtain and deliver to the Obligees either such original or originals or said new instrument or instruments or will pay to the Obligees the full market value thereof at such time. The Obligor agrees that, in case of any default under the conditions of this bond, it waives and releases any and all right or claim against Obligees or any of them, whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforcement of this bond by Obligees or any of them. The Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. ST. PA~ MERCL~Y INSURANCE COi~P~ R. H. BANCROFT - V~E-PRESIDENT G. H. ANGELL~ARY STATE OF Minnesota ACKNOWLEDGMENT OF OFFICERS STATE OF MINNESOTA SS; COUNTY OF RAMSEY I, the undersigned, a Notary Public in and for and residing in the said County and State aforesaid, do hereby certify that R, H. BANCROFT, Vice-President of St. Paul Mercury Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal Office in the City of St. Paul, Minnesota, and ~'. Ho l~t~yi~r x., Secretary of said corporation, known to me to be the same persons whose names are subscribed to the foregoing instruments as such Vice-President and Secretary, respectively, and known to me to be such Vice-President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the above instrume~ as their own free and voluntary act and as the free and voluntary act of the said corporation, for the uses and purposes therein set fe~o and the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law; and that the seal affixe.~o..t~l~ foregoing instrument is the corporate seal of said corporation; and the said Secretary, then and there acknowledged that he, asas~rs~[6'd~l~'of the corporate seal of the said corporation, did affix the said seal to the said instrument as his own free and voluntary act and .~f~tfe'*'~w--,f~e and voluntary act of the said corporation, for the uses and purposes therein set forth; all in accordance with the resolution ~o~,~-t-h~oard of Directors of said corporation, which reads as follows: F~' (~.~.? "Be it resolved, that this Company hereby authorizes and empowers its President and any Vice-President O'~nx~. ~si~ntVig~- President in conjunction with any Secretazy, Resident Secretary, Assistant Secretary or Resident Assistant Secreta~,~l~er itl ~or~te seal, to execute any and all bonds and undertakings, recognizances, contracts of indemnity and other writings p~bl~'itor~4 thereof which are or may be allowed, required or permitted by law, statute, rule, regulation, contract, or ot~,ys~'e." ~! ~ ~v- o,c5 !i I have compared the foregoing copy of said resolution with the original thereof, and I hereby certify ti'mt such c~is a true and correct transcript of the original, and that said original is at the date of this certificate in full force and effect. I'~ Given under my hand and notarial seal this 2nd day of June A.D. 1960 30260 5-56 1M Ed. 5-56 Form PROOF OF LOSS TO AFFIDAVIT OF MAII,!NG ,AND TITL~ hlailed by (Sender): Date: Exact Name and Address on Shipment: TMs sworn siatemen~ is intended ]or ~e in connection with the reported non-delivery by the U. $. Pos~ O~ce Department o] a properly mailed letter (not registered) containing securities as described below. Please be certain that the addressee who has reported ~he non-delivery understands that tko securities were go/rig by ordinary ~rst-dass mail and ]umiak the addresse~ with a sample o] tko envelope used. DETAII$ OF SHIPMENT (To be fully completed by the assured) Ka~mn & Company, In¢o, 136 E~dicott Bldg., St. Febr~mry 2, 1960 Pirst National Bank, A%%n: l~r. Mensing He%ringer, Nor%h Dakota Post Offce at which mailed' CONTEI~TS:-- Certificate No.: Corporation: Class of Stock: Shares: Registered in name of: Pioneer Station, St. Paul, Minnesota $15,000 Village of New Hope, Minnesota 4% G. 0' Temp. Improvement Bonds, due 1/15/62. Dated ~76/90 e $1,000 each. Bearer bonds. Endor~ments (If any) The above contents are hereinafter called the securities STAT~ OF Minnesota COUNTer OF Ramsey ............... -'~...~[a~.~i~d...M~...l~,~l~ .......................................... (hereinafter called Deponent), being duly ~worn, deposes and says:--- That he i~ au officex of or partner in (to wit, the firm or corporation of Ka~n & Company, Ino., ~vins an o~ce ~t 136 Endicott Bldg., St. Paul, Minnesota Your deponent certifies that in accordance with the records and regular procedure of the mid firm or corporation and pursuant to the provhio~s of the Lusurance policy carried by it with the above mentioned company, the above described securities were forwarded hy fi~ ~ m~il on the date specified to the above named addre~ee. The sa~d addressee has reported the non-delivery of the ~aid letter and the ~uabf~ty to find or locate the ~ecurities contained therein. Neither the said letter nor the said securities have been ~etumed to the ~ader and they are be~eved to have beau lost or destroyed ~n ~m~it ~u the Deponent agresa on b~h-l~ ~ --~ firm or ~?~o~_ratio~ that if th~ se~it~es should ever come into their hand~ custody o~ power, deponent ~4B ~- Form PROOF OF LOSS TO Please note: AFFIDAVIT OF NON l~CE~PT AND AGI~E~NT This sworn statement ~s intended for use in connection with the reported non-delivery by the U. $. Post Office Departrnen~ of a properly mailed letter (NOT registered) containing securities as described belo~v. Please rnak~ another thorough search of your office and/or household, and make inqulr-ies el the postman as wetl as others who may hav~ received youe mail in your absence. DETAILS OF SHIPMEh~ (To be tuily completed by Sender before forwarding this form to the Addre~ee) Mailed by (Sender): Kalman & Oo~pany, Inc. 136 Endicott Bldg., St. Paul, ~inn. Date: February 2, 1960 Exact Name and Address on Shipment: First National Bank, AttN: Mr. ~/ensing Hettinger, North Dakota Post Office at which mailed: CONTENT~:-- Certificate No.: Corporation: Class of Stock: Shar~: Registered in name of: Pioneer Station, St. Paul, Minnesota $15,000 Village of New Hope, Minnesota /~ G. O. Temp Improvement Bonds, due 1/15/62, Dated 1/15/60/ ~°~6/90 incl. @ $1,000 ea. B~arer Endorsements (H any) The above contents are hereinafter called the securities STATE OF Ne. Dak COUNTY OF Adams SS: ..~-j.l~.~.g...~g~iOnal...~..Ha.~.~illgar..~...~lg}.,...D//~hereina/ter called Deponent), being duly sworn, deposes and says:-- 1. Deponent resides at Hettinger, Ne. Dak 2. Deponent ~ the legal and beneficial owner of the above described securities. 3. Neither the above described letter nor said securities have ever been received by deponent or by deponent's authorized agent. Deponent ha~ never endorsed the said securities, nor sold, assigned, transferred, pledged, hypothecated or disposed of the same or any interest therein. Deponent has made a thorough search, and has made inquiries, but has found no trace of the securities or the letter. 4. Deponent agrees that if the securities should ever come into deponent's hands, custody or power, deponent wi"il Imrnedi- ~+o, .... *~v ~h~ .C~nder and (if deponent has received new securities in the meantime) will surrender the original securities to the 385 WASHINGTON STREET, ST. PAUL 2, MINNESOTA Financial Statement March 51, 1960 St. Paul Mercury Insurance Company ASSETS Bonds Stocks Bank Deposits Accrued Interest Other Assets 27,961,156.64 8,507,851.00 672,002.21 307,247.57 190,053.58 37,638,311.00 LIABILITIES Reserve for Unearned Premiums Reserve for Unadjusted Losses Reserve for Loss Adjustment Expenses Reserve for Taxes and Expenses Other Liabilities Capital Stock 5,000,000.00 Surplus 13,983, O40.97 10,471,481.60 6,820,845.99 895,292.36 433,900.00 33,750.08 ~8,983,040.97 37,638,311. CO Surplus to Policyholders ~18,983,040.97 Securities carried at $1,758,400.00 in the foregoing statement are deposited as required by law. STATE OF MINNESOFA ) ) ss CO UNTYOFRAMS~ ) W. E. King, Vice President of the St. Paul Mercury Insurance Company, being duly sworn deposes and says -that he is the above described officer of said Company: that said Company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of Minnesota, and has duly complied with all the requirements of the laws of said State applicable to said Company and is duly qualified to act as Surety under such laws: that the above is a true statement of the Assets and Liabilities of said Company on the 31st of March, 1960. Subscribed and sworn to before me this 5th day of May, 1960 Geo. P. Leaf / O - Notary Public, Ramsey County, Minnesota My Commission expires September 14, 1960. ~Ves~er~ J~ife [~sttra~ee ~o~Fa~y A St. Paul Fire and Marine Insurance Company Affiliate Extract of Minutes of Meeting of Village Council Village of New Hope, Henmepin County, Minnesota Held June 2~ 1960. ~e.9~H~- meeting of the Village Council of the Village of An New Hope, Mimnesota,-- was held at tP~e Village Hall in said Village on 1960 at F o'clock p. m. The following members were present: ~'5h~ey~ Trucker, Collier and Ohman and the following were absent: Marshall Member (9~/~/~/tntro~uced the following resolution and moved its adop tion: RESOLUTION CONCERNING THE DETACHMENT OF CERTAIN PREMISES. WHEREAS, the owners of premises situated in the State of Minnesota, County of Hennepin, described as follows: The East 163.0 feet of the North 976.0 feet of Lot 34, Auditor's Subdivision Number 324, Hennepin County, Minnesota subj.ect to the-rights of the public over the North 30.0 feet and also over the East 30.0 feet thereof for road purposes, all acc~rdimg to the plat thereof on file and of recurd in the office of the Register of Deeds in amd for Hennepin County, Minmesota, have petitioned the Village Council of the Village of New Hope for detachment of said premises fr~msaidmumicipality, and have petitiomed the Village of Crystal for ammexation concurrently of saidpremises, and WHEREAS, all the owners of said affected premises have consented in writing to the detacbs~-nt a.nd annexationas mentioned aforesaid, and WHE~RAS, this Council finds that detachment of the premises described above from the Village of New Hope will be in the best interest of all con- ce~ned. NOW, THEREFORE, BE iT RESOLVED by the Village Council of the Village of New Hope, that in accordance with Section 6, of Chapter 686, Laws 1959, thatlt hereby agrees and consents to the detachment of the above-described premises from the Village of New Hope upom the concurrent annexation of sai~ premises to the Village of Crystal. BE tT FURTHER RESOLVED, that upon the passage of this resolution, it be transmitted to the Minnesota Municipal Commission. Passed ~ the Village Council and approved by the Mayor this day of '%]~',,,-~' ~ , 1960. Attes t; .~' .~ Clerk (Seal) The motio~n for the adoption of the foregoing resolution ~ was duly seconded hy Mmmher C~//~/L , and upon a vote being taken thereon, the following voted in favor thereof; Hons~ey, Truc/~r, Ohman and Collier ; and the following voted against the same: Whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the Clerk. STATE OF MINNESO~ COUNTY OF HE1OIEPIN ss I, the undersigned, being the duly qualified and actingClerk of the Village of New Mope, Minnesota, hereby attest and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcr ihed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of said village held on the date indicated iu said extract, including any resolutions adopted at such meeting, ins~ofare as they relate to detachment of premises to the village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Village Clerk and the seal of said Village, this ~day of ~,,~/---~. , 1960. (Seal) Village Clerk -2- KESOLUTIONAPPROVLNGPIANS AND SPECIFICATIONS AND AUTHORIZATION OF ADVERTISE- HENT FOR BIDS, STREET IHPRO~NT NO. 60-31, (SECTION A). BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota as follows: 1. Pursuant to authorization of the Council of the Village of New Hope on the 21st day of June, 1960, Otto Bonestroo & Associates, Inc., Village Engineers, have this date presented plans and specifications for the proposed Street Improvement No. 60-31 Section A, of the Village, which plans and specifi- cations have been examined and are hereby approved and ordered placed on file in the office of the Village Clerk. 2. The Clerk is hereby authorized and directed to cause to be published anadvertisement forbids for the construction of said improvement to be sub- stantially in the form of notice contained in the attached form of advertisement and to cause the same to be published in the North Hennepin Post, the official newspaper of the Village. Dated the 28th day of June, 1960. Clerk Mayor (Seal) ADVE~T,ISEMENT FOR B~DS Sealed bids will be received by the Village Council of New Hope, ~nnesota ~n the V~llage Hall until 4:00 P.M., C.D.SoT. on ~nday, July 11~ 19~ at which ~ they will be opened and ~ad aloud for ~he fu~ishtns of ali la.rs equipment and materials necessa~ for the following: A. Strut ~rov~ent Proj~t 60-31~ tnvol~ng appr~t~ely 835 t~s of plant ~x surfacing 3200 lin. ft. of machine laid asphalt curb 24s4~ sq.yds, of single and d~bte s~l coating ~th related it.s. B. ~rnis~ng of approx~tely 5sO00 tons of Class 5 stabilized gravel base ~terial. C. Rental of ~nsc~ction equipm~t to the Vtllage~ Plans and spectft~tions~ proposal'foe and contract d~ts ~y be se~ at the office of the Village Olerk~'New Hopes ~nne~ta and at the office of Otto Bonestroo & Associates; Inc.~ ~nsulting E~ine~s~ 1550 West Larp~eur Avenues St. Paul 13s ~nnesota, Each bid on street improv~n~s s~ll be acco~anied by a bidder's bonds c~tified check~ or ~sh dep~it in ~ ~o~t equal to at l~st five p~cent ~,', (5~) of the amour of the bid ~tch shall be forfeited ~o ~e Village in the.event ~hat 2h~ successful bidder fails to ~ter into a contract, The Village Council reserves the right to retain the deposits of the three l~est bidders for a p~iod not 2o ~ceed 30 days after the ~te ~d t~e set for the op~in~ of bids. No bi~ ~y be ~thdra~ for a p~tod of thirty (30) days after tM date ~md :i~ set for the opening of bids. Pa~ent for the work ~11 be by cash or check, Contractors desiring a copy of the plans and specifications and proposal fo~ for street f~rov~ents ~y obtain th~ fr~ Otto Bonestroo & ~aoctates, Inc. s upon pa~ent of a d~osit of $15.00s all of which will be refunded to lone-fide bidders. A bona-fide bidder is one who act~lly si~s and su~ ~s a bid. No ~ney ~t1~ be refundod to any persons who obta~s plans and sP.ectftcati~s amd does not sub~t a bid to the ~. Plans and specifi- cations are to be returned tn good c~tion ~thin fifte~ (~5) ~ys aft~ the date set for the opening of bids. Specifications and proposal fo~s for ~ravel base and equtpm~t rental may be obtained fr~ the above office at no cbmrge. It.s ~ B and C are to be bid s~arately. The Village Council reserves the right to reject any and all bidss to ~ve irre~larities and info~lttt~ th~etn~ and further reserves the right ~o award the contracts to the best interes~s of the Village, Don Trucker~ Vtl~ge Clerk New H~es ~nn~ota Published in the North He.spin Post on June 30 and July 7, 1960. Extract of Minutes of Meeting of Village Council Village of New Hope, Hennepin County~ Minnesota Held June 28, 1960 A ~ ~8 7.0. l ~ ~/ meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Hall in said Village on June 28, 1960, at 7:30 o'clock P. M. The following members were present: ~d the following were absent: ~~.:~ // tion and moved its adoption: i~r~uced the followi~ resolu- RESOLUTION AUTHORIZING THE SALE AND DELIVERY OF $380,0oo T~/~O~y IMPRO~NT BONDS OF 1960, SECOND SERIES BE IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found, determined and declared that the Village has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearings as required b law t construction of Sanitary Sewer Improvement No. 60-22 (Section f sh~ Sewer ormImpr ovement No. 60-26D, and has duly ordered, received and approved plans and specifications and entered into contracts for the construction of said improvements~ after proper advertisement for bids; that the total bene- fits resulting fr~m each of said improvements to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of each of such improvements, respectively; that it is contemplated that the total amount of the cost of each improvement will be assessed against those lots and tracts specially benefited by such improvements~ that the Vil- lage now owns easements and rights-of-way over all street and other properties required for the construction of each of said improvements; and that the total cost of said improvements is presently estimated to be as follows: Sanitary Sewer Imp. No. 60-22 (Section A) $240~000  Sewer Imp. No. 60-26D l~O,O00 $380,000 -1- 2. It ~is necessary at this time for the Village to borrow the sum of $380,000 to pay the costs incurred and to be incurred in the near future with reference to the improvements described in paragraph i hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Section 429.091, Subdivision 3, Minnesota statutes, and the resolution adopted by the Council on September ll, 1958, entitled "Resolution Establishing Temporary Improvement Fund and Authorizing the Issuance of Temporary Improvement Bonds", and this Council has heretofore awarded the sale of said bonds to Juran~& Moody, Inc., of St. Paul, Minnesota, smd associates? Said bonds are hereby authorized and directed to be issued and delivered to said purchaser forthwith, and the fund of each of said im- provements shall be incorporated in the Temporary Improvement Fund and the proceeds of said bonds credited to said fund and expended and accounted for as prescribed in said resolution, and said bonds shall be secured and the Principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution. 3. Said bonds shall be designated as "Temporary Improvement Bonds of 1960, Second Series", shall be 380 in number and numbered fram I to 380, inclusive, each in the den~±nation of $1,000, shall be dated as of July 1~60, and shall all mature, without option of prior payment, on July 1962. All bonds shall bear interest at the basic rate of 4.00~ per annum fram date of issue until paid, and at the additional rate of 2.0~ per annum fram date of issue until paid~ payable semiannually on January 15 and July 15 of each year, such interest to maturity being represented by two sets of in- terest coupons, the coupons representing the additional rate being designated as "B" coupons. The principal of and interest on said bonds, shall be payable at The ~merican National Bank of Saint Paul, in St. Paul, Minnesota, and the Village hereby agrees to pay the reasonable and custamary charges of said paying agent for the receipt and disbursement thereof. The motion for the adoption of the foregoing resolution was dUly seconded by ~ ~'~ ~/~?~ , and on roll call, there were ~/ AYES and ..... ~.~6~_ NAYS, as follows: whereupon said resolution was declared duly passed and adopted~ Village Clerk -2- S~A.~E OF M~SO~At SS. co, my I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope~ Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed~ (2) I have carefully ccmpared said extract with said original record; (3) I find said extract to be a tru% correct and complete transcript from the original minutes of a meeting of the Village Council of said Village held on the 'date indicated in said extrac% including any resolutions adopted at such meeting, insofar as they relate to $38%000 Temporary Improvement Bonds of 196% Second Series~ and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand and the seal of said Village this ~. ~[J day of 196o. Village Clerk -3- RESOLUTION AUTHORIZING EXE6~JTION OF CONTRACT A~. GRANTIN~$F~W~ION OF TIME TO MAXIMUM OF 10 DAYS FOR ACCEPTANCE OF BIDS WITH P~ELPS-DRAKE, COMPANY. WHEREAS, the Village of New Hope requires more time in which to accept an offer of hid of Phelps-Drake Co., Im~. dated Jm~e 10th, 1960 WHEREAS, said Phelps-Drake Co., Inc. is_ agreeable to granting such an extension, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Mimmesota as follows: The Mayor amd Village Clerk are hereby authorized amd directed to make amd execute a contract om behalf of the Village providing for am extension of time iR which the Village may accept the bid of Phelps-Drake Co., Imc. dated June 10th, 1960. Said agreememt shall provide for an extemsiom of ten days, amd shall further provide that the completion date of the work pursuant to said bid will also ~e extended for ten days, provided, however, that if the Village accepts the bid before the last day of~ ga~,~day, extensiom, them the time of completion shall be extended only am equal mumber of days. Dated the % day of July, 1960. At res t: Mayor (Seal) RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. 60-32. BE IT RESOLVED hy the Village Council of the Village of New Hope as follows: 1. That a public hearing was held om July 12th, 1960 at 8 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in saidVillage, after said hearing was duly puhlished as required by law in the North Hennepin Post om the 30th day of June, 1960 and the 7th day of July, 1960. 2. That this Council has considered the views of all persons interested and being fully advised in the pertinent facts does hereby determine to pro- ceed with the making of the proposed Sanitary Sewer !mprovementNo. 60-32 of the ¥illage; 3. Orr-Schelen, Inc. is hereby ordered to proceed with the preparation and making of plans and specifications for said improvement. 4. The- area proposed to be assessed to pay the cost of said improvement shall include the property described inthe notices of public hearing as published in ~he North Hennepin Post of June 30th, 1960 and July 7th, 1960 for proposed Sanitary Sewer ImprovementNo. 60-32. Dated this f~l-day of JUly, 1960. Attest: Clerk (Seal) Extract of Minutes of Meeting of Village Council, Village of New Hope, Henn~pin County, MinnesOta Held, July 12, 1960. Pursuant to due call and notice thereof, mn~~d regular meeting of the Council of the Village of New Hope, Minnesota, was duly held at the Village Hall, 4200 Nevada Avenue North in said village, on July 12th, 1960 at 7:30 o~clock p. m. The following members were present: Honsey, Trucker, Collier, and Ohman; and the following members were absent: The Mayor announced that the next order of business was the consideration of the returns of the special election held July I/th, 1960. The Clerk presented af- fidavits showing publication of the notice of electiom and posting of the same at the polling place in said village, at the Clerk's office and at three other public and conspicuous places within the village, and also the returns of the judges and clerks for said election, which ~idavits and returns were examined, found satis- factory and ordered placed on file. After due consideration of the returns as to the vote on the bond question submitted, Member Collier introduced the following resolution and moved its adoption: RESOLUTION DETERMINING RESULTS OF BOND ELECTION OF JULY 12, 1960. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, that it is hereby f=und and determined that a vote has been duly held at a special election held in and for said village on July I/th, 1960, on the bond question sub- mitted thereat, and the results thereof canvassed in all respects, according to law, and that at said election the votes cast on the question attached hereto as Exhibit A of this resolution were as follows= Votes YES Votes NO Blank or spoiled ballots Total ballots and that said proposition carried (~-um~a~y) by the requisite majority vote. Attest: Clerk Mayor ~.~' The motion for the adoption of the foregoing resolution was duly seconded by Member 0hman and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution .was declared duly passed and adopted, and was signed hy the Mayor, which was attested by the Village Clerk. STATE OF MINNESOTA COL~TY OF HENNEPIN ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hepe, Hennepin County, Minnesota, hereby attest and certify that: as such officer I have the legal custody of the original record from which the attached and foregoing Extract and Resolution and ac~npanying Exhibit A were transcribed; (2) I have carefully examined said Extract, Resolution and Exhibit A with s~id original record; (3) I find that said Extract, Resolution and Exhibit A to be a true, correct and complete transcript from the original minutes of the meeting of the Village Council of said Village held on the date indicated in said Extract, including any resolutions adopted at such meeting, insofar as they relate to water bonds of the Village; and (4) said meeting was duly held, pursuant to call and notice thereof as required hy law. WITNESS my hand officially as such Village Clerk and the seal of said Village this ! ~' day of July, 1960. Vill~ge Clerk (Seal) -2- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER IMPRO~ NO. 60-32 AND AUTHORIZING ADVERTISEMENT FOR BIDS. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. Pursuant to previous authorization of this Council, Orr- Schelen, Inc., Consulting Engineers for the Village, have prepared plans and specifications for Sanitary Sewer Improvement No. 60-32, which plans and specifications have been presemted to this Council, reviewed, and are hereby approved as presented and ordered placed on file in the office of the village clerk. 2. The engineer ~and the clerk are hereby authorized to advertise for bids for the construction of said project tpursuant to said plans and specifications, said advertisement to be in substantially the form of "Advertisement for Bids for Sanitary Sewer Improvement No. 60-32 for the Village of New Hope, Minnesota", as attached, and to be published in the North Hennepin Post, the official newspaper of the village and in the Construction Bulletin. Attes t: Dated the 19th day of July, 1960. Clerk (Seal) Extract of Minutes of Village Council, Village of New Hope, Hennepin County, Minnesota, held July ~th, 1960. An adjourned regular meeting of the Village Council of the Village of New Hope, Mimmesota, was held at the Village Hall' in said village on July 19th, 1960 at 7:30 o'clock p. m. The following members were present: ~L~d~ ~ ~/~S~!~.~ and the following were absent: M~$~9. Member its adoption: introduced the following resolution and moved RESOLUTION AUTHORIZING THE SALE AND DELIV~/~Y OF $160,000 TEMPORARY IMPROVE- MENT BONDS OF 1960, 3RD SERIES. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found, determined amd declared that the Village has heretofore ordered, in accordance with the provision of Minnesota Statutes, Chapter 429, and after public hearing as required by law, the construction of Water Improvement No. 60-34 (Section A), and has duly ordered, received and approved plans and specifications and entered into a contract for the con- struction of said improvements, after proper advertisement for bids; that the total benefits resulting from the said improvement to the properties within the area proposed to be assessed therefor, as heretofore defined, will he not less than the cost of said improvement; that it is contemplated that total amount of the cost of said improvement will be assessed against those lots and tracts specially benefited hy said improvement; that the Village now owns ease- ments and rights-of-ways over all streets aD~ other properties required for the construction of said improvement, or is in the process of obtaining them; and that the total cost of said Section A said improvement is presently esti- mated to be: $160,000.00. 2. It is necessary at this time for the Village to borrow th~ sum of $160,000 to pay the costs incurred and to be 'incurred in the near future with reference to the improvement described in paragraph 1 hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Section 429.091, subdivision 3, Minnesota Statutes, and the resolution adopted by this Council on September llth, 1958, entitled "Resolution Establishing Temporary Improvement Fund and Authorizing the Xssuance of Temporary Improvement Bonds," and this Council has heretofore awarded the sale of said bonds to Juran& Moody, Inc. of St. Paul, Minnesota and Associates. Said bonds are hereby author- ized and directed to be issued and delivered to said purchaser forthwith, and the fund of said improvement shall be incorporated in ~he temporary improvement fu~d and the proceeds of said bonds credited to said fund and expended and accounted for as prescribed in said resolution, and said bonds shall be secured and the principal thereof and interest thereon shallbe paid inaccordance with the pro- visions of said resolution. 3. Said bonds shall be designated as Temporary Improvement Bonds of 1960, 3rd Series, shall be 160 in number and numbered from 1 to 160, in- clusive, each in the denomination of $1,000.and shall be dated as of July 15th, 1960, and shall all mature without option of prior payment on July 15th, 1962. Ail bonds shall hear interest at the basic rate of 3.80% per annum from date of issue until paid and at the additiomal rate of 2.20% per annum from September 1st, 1960 until paid, such interest to maturity being represented by two sets of interest coupons, the coupons representing, the additional rate being designated as "B" Coupons. The principal of and the interest thereon shall be payable at the American National Bank of St. Paul~ in St. Paul, Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of said paying atent for the receipt and disbursement thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member ~~, and~upon a vote being taken ~ereon, the following members voted in favor thereof: (~gL~z6~ /~/2~?$~zc , ~~, ~~ and the following voted against the same; none; whereupon said resolution was declared duly passed and adopted. Attest: ~/~ f,~~~~~~ Clerk (Seal) -2- RESOLUTION APPROVING PIA.NS AND SPECIFICATIONS FOR WATER PUMPHOUSE ~ A~PURTENANT EQUIPMENT, WATER IMPROVEMENT NO. 60-36. BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. Plans and specifications for a well pumphouse and appurtenant equipment as presented this date by Orr-Schelen~ Inc. have been examined by this Council and are hereby approved as presented. 2. The Consulting Engineers and the Village Clerk are hereby authorized to advertise for bids inThe North HennepinPost and the Con- structionBulletin, said advertisement to be substantially in accordance with the attached form of advertisement for bids. Dated the 2nd day of August, 1960. Attest: Clerk Mayor (Seal) FOR BXD~ . ~ FOR WA'~~, ~T N0 o 60-36 FOR VILL4~~ O~PE- ~INI~EBOTA t;otice is. hereby given that. separate sealed proposals will be received by,'the Village Council of the Village cf New Hope, Hennepin County, Minnesota~ at the New Hope Village Hall~ ~200 ~evada Avenue No~th, Pew HOpe 27, Mi~eso~ ~il 7:30 p.m. o~ the 16~h day ~f A~us~, 1960, ~nd ~11 be publicly ~ened ~nd considered ~ ~e Village Council of ~ew Hc~ a~ i~s mee~8 ~ ~ held a~ said t~e ~d place, fo~ the fu~ishing ~f all 1.~bo~ ~d-mete~ials fo~ the co~le~e ~const~c~ion in place of:.' ~- Well P~p House' and Appurtenan~ Equi~ent. PropoSals a~iving after the designated time will be returned unopened. The bids must be submitted on ~he proposal fo~m provided and in accordance with contract documents~ plans and specifications as prepared by O~-Schelen, Inco~ O~nsulting ~ngtnee~s, 1104 Oux~e Avenue~ Minneapolis 3, Minnesota, 'which are on file with Village. 01erk ~f ~e~ Hope and m~y be seen at the Office of the Consulting ~nginee~so Copies of proposal fox~$,, plans and specifications for use by Contractors ~ubmitting a bid' may be obtained fr~m the consulting. Engineers upon deposit of $10o00 per' set° This deposit will be returned tc 0ontrac~ors ~ho submit a bona fide bid and who retux-n the plans and specifications in good c~ndition within fifteen (15) days after the openin8 of bid~ One half of the amount of the deposit will be refunded for each of all othe~ sets of documents so ~etu~edo No bids will be considered unless sealed and filed with the Village Olerk of ~e~ Hope and accompanied by a cash deposit~ cashier, s check, bid b~nd ~r certified check payable to the Olerk ~f the Village of ~ew Hope, fo,,five (-5%) pe~ cent of the emcunt bid, (t~ be forfeited as liquid-ted damages in the event that the bid be accepted and the btdde~ shall fail to onto= promptly into a ~itten cc~tract and furnish the ~equired bond)o The Village of ~ew Hope ~ese~ves the x~ight to ~eJec~ any and all bids, o~ section of any bid or bids. Dated: A~gu~t 2, 1960 By. Orde~ Of ~he Village Council Don C ° Trucke~ V~Zi~e ~CZe~k-. .Village of ~ew Hope, Minnesota CHAPTER 8lA ORDINANCE NO. 60-6 AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS, PROHIBITING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS, AUTHORIZING THE IMPOUND- ING AND DESTRUCTION OF DOGS, PROVIDING A PENALTY AND REPEALING ALL ORDIN- ANCES IN CONFLICT THERE- WITH. Village of New Hope The Village Council of the Village of New Itope Ordains: SECTION 1. DEFINITIONS. As used in this ordinance, unless the context other- wise indicates: Ca) "Dog" shall be intended to mean both male and female. Cb) "Owner" shall be intended to mean any person or persons,, firln, associa- tion or corporation, ownm£', keeping or harboring a dog. Cc) "At large" shall be intended to mean off the premises of the owner, and not under the control of the owner or member of his immediate family either by leash, cord, chain or other- wise. Cd) '~Village veterinarian" shall he a doctor of Veterinary Medicine appoint- ed by the Village Council to perform such duties relating to animals within the Village and at such pay as shall be established or approved by the Vii- !age Council. SECTION 2. LICENSE AND REGIS- TRATION REQUIRED. All dogs kept, harbored or maintained by their owners in the Village of New Hope shall be licensed and registered if over six months of age. Dog licenses shall be issued by the Village clerk upon payment of a license fee of $2.00 for each male or spayed female, and $3.00 for each unspayed female and ulmn receipt by the village clerk of a certificate from a qualified veterinarian showing that the do.-*' to be licensed has been given a vaccination against rabies in compliance with Section 15. Such license shall be for the whole or unexpired portion af tee year in which the same is issued and shall expire on December 31st fei- lowing Dog licenses shall be issued free of charge as to dogs properly trained to assist blind persons and actually used for the Blind persons for the imrpose of aid- in:~ them in going from place to place. SECTION 3. TAG AND COLLAR. Upor~ payment of the license fee, the village cl~rk shall provide and furnish for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the dog, the words "New Hope", and the year when licensed. Every owner shall be required to provide each dog with a collar to which th.' license tar must be affixed, and shall see t.:at the collar and tag are constantly worn. In case a dog tag is lost or de- :tro. ed. a duplicate or ~ew tag will be iss~xed ay the village clerk upon proof that such dog was licensed, and the payment &25 for such duplicate. Dog tags sh011 n,t be transferrable from one dog to another and no refuncqs shall he made on any dog license fee he:ause of death t~f t :e dog or t~e owner's leaving the ¥i]la.,,e hefore exl~iratio~ of the license. SECTION 4. RUNNINC AT LARCE. No dog shall be l)ermitted to run at lar::e in the Villa?e within any recorded *,, at or subdivision of the Village, or in Auditor's Subdivision No. 226, Registered i an: Survejs 100, 255 and 371. Or on Villa.ce owned prol~erty, or on any public, pare:hal, or private school I:rolerty. SECTION 5. IMPOUNDING. It shall !e t~e duty of the poundmaster auu every police officer to a;)l~rehend any dog iound unlicensed, or any dog running at i~ r e contrar5 to Se:t~on 4, and to leu d such do.a at the village pound or other suitable 13lace. SECTION 6. NOTICE. Notice of im- I:ounding shall be given to the owner of the dog. In case the owner is unknown, written notice shall be posted at the vil- lage hall if t,:e dog is not reclabued within f:xe days of the ;,ostinE of the notice, it will be sol3 or killed. The notice of be- pow'ding shall be in substantially the fol- lo~ lng form: NOTICE OF IMPOUNDING DOG. Date ................ ,19 ......... TO WhIOM IT MAY CONcE~xN: I have ibis day impounded in the pound of the village at .................... , a dog answering to the following descrip- tion: Sex ...... Color ........ Breed ........ Estimated age ..... NOTICE IS HEREBY ~i~ff, that un- less such dog is claimed and redeemed on or before ............ o'clock ......... m. on the ........ day of ........ , 19 ....... the same will be sold, killed or otherwise disposed of as provided by ordinance. Signed: ....................... Poundmaster (or Foundkeeper) The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, the impounding fee, and all other costs and charges incurred by the Village of New Hope for impounding and maintenance of said dog. An m~- pounding fee of $5.00 and a charge of $1.00 per day for feeding shall be charged for any dog held at the pound, provided however, that when an employee of the Animal Rescue League of Hennepin County is called by the opundmaster or any police officer to aid in apprehending any dog, the impounding fee shall be $10.00. SECTION 7. DISPOSITION OF UN- CLAIMED DOGS OR INFECTED DOGS. Any dog impounded shall be keqt for at least five days unless sooner rec aimed by the owner as provided above. If the d~g shall not have been redeemed at such time, it may he destroyed or sold, provided that such dog shall not be sold for less C~an the aggregate amount provided in Section 6. All dogs which appear in the judgment of the Village Health O~ficer or in the iudgment of the Village Veter- inarian to he suffering from rabies or affected with hydrophobia, shall not be released but shall be killed by the pound- keel'er and such disposition of the remains as shall he directed by the Village Veter- inarian. SECTION 8. UNCLAIMED DOCS FOR SCIENTIFIC PURPOSES. When- ever any licensed educational or scientific :,~titt,tio:' under ~innesota Statutes, Sec- tion 35.71, shall request the poun~keeper for permission to use, for research puc- pounded dog or dogs remaining unclaimed shall be surrendered to such institution. SECTION 9. CONFINE5~ENT OF CERTAIN DOCS. No dog of fierce, dan- aerous or vicious propensities shall . he allowed to run at large or on the premises of one other than the owner. Any dog which has Bitten a person within 60 days preceding impouudment or other disposition h rounder shall, for purposes of this or- dinance, be considered a dog of fierce, dan- gerous or vicious prope~*sities. If any dan- ~erous. herce, or vicious dogs so found at large cannot be safely taken up and impounded, such dog may be slain t!,e ,,onndmaster or guy policeman. Any dog which is the subiect of proceedings as descrit)ei in Section 10 may be confined order of the lustice of the Peace issu- i~' the summons and the impounding and fe"dinz charges shall be paid. 'ay the dog, the complainant, or By the Village, as shall be determined by the Justice of the Peace upon the hearing on the SECTION 10. PROCCEEDINGS FOR DESTRUCTION OF CERTAIN DOGS. Upon sworn complaint to the Justice of the Pen,'e. that one of the following exist: Ca) That any dog at any time bas at- tacked or Bitten a person; Cb) That any dog is fierce, dangerous loots ,,edestrians or interferes with the driving of automobiles on the uublic highways; said justice of the peace shall issue a l~aving possession of said dog, commanding :ira to appear before said iustice and to show cause why such dog shall ~,ol he killed by the poundkeeper, poundmaster, or an)' l)olice officer, or otherwise disposed of as authorized in this ordinance. Such sum- mens shall be returnable not less than two nor more than six days from the date thereof and shall be served at least two days hefore the time of appearance mentioned h~rein. Upon such hearing and finding the facts true as complained of, the Justice of the Peace may either order the dog kill- it from the village, or may order the to a designated ¢lace. If the owner ur custodian disobeys such order, he shall upon the filing of a complaint, and after hearing a:-d conviction before a Justice of the Peace, be liable to the punishment provided for a violation of this ordinance, and any ooundmaster or police officer may and slay any dog described in-such ortler of the Justice of the Peace. The provisions of this section are in addition to and supplemental to other provisions of this ordinance. SECTION 11. MUZZLING PROCLA- MATION. Whenever the prevalence of hydrophobia or rabies render such action necessary, to protect the public health and safety, the mayor may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the poundmaster or any police officer, without notice to the own- er'SECTION 12. BITING DOGS. When- ever any person owning, possessing or harbormg any dog within the corporate limits of the Village of New Hope shall learn that such do*g has bitten any human being, such person shall immedi- ately impound said dog in a place of con- finement where it cannot escape or have access to any human being or other animal and shall also immediately notify the Chief of Police. Whenever the Chief of Police shall learn that any human being has been bitten by any dog within said Village, he shall ascertain the identity of such dogs and the person owning, posses- sine or haraoring it and shall immediately direct such persons to forthwith impound such dog as herein required. Any dog so impounded shall be kept continuously so confmed for a period of fourteen days from the day the dog bit a human be- ing. Upon learning that a dog has bitten a human being, the Chief of Police shall immediately notify the Village Health Officer and inform him of the place where the dog is impounded. It shall be the duty of the Village Health Officer to in- spect or cause to be inspected by the Village Veterinarian said doa from time to time during its period of fourteen days' confinement and to determine whether such do,~ is infected with rabies. For this purpose he shall have access to the premises where such dog is ker~t at all r-asonahle hours and may take possession of the do[' ~nd confine it in the 'k'~l!aoe doasound or other suitable place at the exp~nse of the owner. The owner or person in possession or harboring such ao,~ shall immediately notify the Village }Tealth Officer of any evidence of sick- ness or disease in the do*, durin~ its t'eriod of confinement and shall promptly ~eliver its carcass to the Village He¢Ith Officer in case of its death during said period. No dogs which has bitten a human he~ng shell be released from imbounding nntil authorized to do so in writ!ng hy the Village Veterinarian, said release to be fil'd with the Pouvdmaster. SECTION 13. ESTArN ISHMENT OF POUND. The Animal Rescue League of ~ennenin County is hereby designated as the village pound for the purpose of plac- ing this ordinance in effect. The director of said league shall he deemed the roue-t- keener, and the chief of *)elite shall be deemed vouudmaster. The Village Pound, V;lla~e Poundkeeper or Poundmaster may horeafter he changed by resolution of the Villar'e Council. SECTION 14. RECORDS. The pound- master shall keep an account of do~s im- pounded at the village pound, and of their dis,,osition. ?lc shall turn over such ac- counts to the village clerk from time to time, or upon request of the village clerk. SECTION 15. RABIES VACCINA- TION. No license shall he granted for a ~qo~ which has not Been vaccinated against rabies as l~rovided in this section during the 90-day period preceding the making of an application for such license except that when a dog is first licensed for an entire year hereafter, the license may be issued if the dog has been vaccinated within a period of six months preceding the a!~pllcatlon for a license. Vaccination shall be performed only by a doctor 0uali- lied to practice veterinary medicine in the s'.ate in which the dog is vaccinated. SECTION 16. REPEAL. Ordinance No. 55-4, Chapter 81 of the Village of New Hope is hereby repealed. Other ordinances insofar as they may be incon. sistent with the provisions of this ordin. a:ce are also repealed. SECTION 17. SEPARABILITY OF PROVISIONS. It is the intention of the Village Council that each separate provi- sion of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Village Council that ibfe any provision of this or- diuance shall declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 18. EFFECTIVE DATE. This ordinance shall be in full £orce and effect fro~a and after its passage and publication. Passed by the Village Council of the Village of New Hope this 9th day of August, 19(;0. /s/ BARTON E. MARSHALL, Mayor Pro Tern ATTEST: DON TRUCKER, Clerk (SEAL) (Published in The North Hennepin Post, August 18, 1960). ORDINANCE 1~O. 60-17 CHAPTER 23D AN OI:~DINANCE AMENDING THE SEWER CONNECTION ORDINANCE Village of New Hope The Village Council of the Village of New Hol~e Ordains: Section 1. Ordinance No. 60-13, Chap- ter 23A passed by the Village Council of the Village of New Hope on the 12th day of April, 1960, referred to as "The Sewer Connection Ordinance". is hereby amended as ~Collows: SECTION g. Section 2A is hereby add- ed and inserted following Section 2 as follows: SECTION 2a. DEFINITIONS. (a) New construction--any building or structure constructed under a building permit issued after the effective date of this ordinance shall be cieemed "new construction". (b) Existin~ construction -- any exist- ing building or structure used or oc- cupied as such at the effective date of this ordinance shall be deemed "existing construction". SECTION 3. Section 4, Subdivision a, is hereby amended to read as follows: (A) NEW CONSTRUCTION: At surh time as a building sewer permit is applied for as to new construction, pursuant to *he Sewer Ordinance of the Village of New Hope, Charge A shall become ,hze ann l)ayable, in addition to any other fee or charge provided for by ordinance. SECTION- 4. Section 4A is hereby add- ed and inserted following: Section 4 as follows: "section 4A. The Village may shut off sewer service to any premises ~or' which the connection charge provided m Sertion 4 is unpaid and in default. The right reserved by the Village to shut off sewer service for failure to fully make said connection charge payments shall in no way be defeated, diminisI:ed or cut-of{ l~v the cancellation, termination or dis- chard, e, by operation of law, of the in- dividual liability of the applicant for the connection. Until the full connection charge due has been enid, no owner, renault grantee, successor in interest, sasi~lnS, or ;,o~sessor of any premises shall be en- titled to connection thereof with the mu- nicipal sewer ss'stem, excel)t as providet in Section 4. It is the intention of this su]~section to ensure that the financial costs of establishing and maintaining the sewer system is equitably borne by ail the ureln. ises using it." SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication. Passed ~y the Village Council of the Village of New Hope this 9 day of Aum.~s!., 1960. /s/BARTON E. MARSHALL Mayor ['ro Tern ATTEST:/s/ DON TRUCKER, Clerk (SEAL) (Published in The North Hennel~in Post. August 18, 1960). ORDINANCE NO. 60-7 CHAPTER NO. 66 AN ORDINANCE RELATING TO THE REGULATION OF DAN- GEROUS EXCAVATIONS AND EXCAVATIONS FOR BUILD- INGS, AND PROVIDING A PEN- ALTY FOR VIOLATION THERE- OF. Village of New Hope The Village Council of the Village of New Hope Ordains: SECTION 1. DEFINITION. For purposes of this ordinance, the term "dan- £'erous excavation" means any excavation or basement on private property which is not filled to grade or otherwise protected after a building is destroyed, demolished, or removed. The term "person" means a natural per- son, co-partnership, corporation, firm, or association of persons. SECTION 2. NUISANCE. The main- tenance or existence of a dangerous excava- tion, or the maintenance or existence of an excavation for building, whether or not completed, which is left open for more than six months without proceeding with the erection of a building thereon, in prem- ises within the village, is declared to be a nuisance. SECTION 3. ORDER TO ABATE. When any dangerous excavation, exists in the Village, or an excavation for building purposes, whether or not completed, is left for more tha nsix months without proceed- ing with the erection of a building there- on, the Village Council may order the excavation to be filled or protected or in the alternative, that erection of a building begin forthwith. Such order shall require compliance thereto within fifteen days. SECTION 4. SERVICE OF ORDER. The order shall be served upon the owner of the premises. The person ordered to abate the nuisance may have a hearing before the Villa£'e Council. A request for the hearing must be made in writing, and filed with the Village Clerk within the time stated in the order, or it will be conclusively presumed that a nuisance exists. The hearing will be held before the Village Council at a time and ulace xixed b~ the Council. The finding of the Council shall be conclusive and, if a nuis- ance is found to exist, it shall be ordered a;>ated within a reasonable time, not to exceed fifteen days. SECTION 5. PENALTY. Any person violating any order issued under the r~ro- visions of this ordinance is guilty of a misdemeanor and punishable by a fine of not to exceed $100.00, or by imprisonment for not to exceed 90 days for each offense. Each day that such violation is permitted to continue constitutes a separate offense. SECTION 6. ABATEMENT. If the owner of the premises fails to comply with the order within fifteen days after the order is served upon him, or within the time specified oy the Council after hearing, the Council may cause the excavation to be filled or graded or protected as it deems public health and safety require. SECTION 7. WAIVER. The abating of any nuisance by the Village shall not be deemed or construed as a waiver or apprnval of any violation of the provisions oi this ordinance, nor shall it prevent criminal prosecution of the violations. Criminal prosecution of violations shall not permit or bar the right of the Village to abate a nuisance. SECTION 8. ADMINISTRATIVE LI- ABILITY. No officer, agent or employee of the Village of New Hope shall render himself personally liable for any damage tlnat nlay occur to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any oificer agent or employee of the Village of New Hope as a result of any act re- quired or permitted in the discharge of his duties under this ordi~nance shall be de- fended by the Village until the final aetermination ot the proceedings therein. SECTION 9. VALIDITY. Should any section, clause or provision of this or- dinance be declared by the courts to be invalid, the same shall not effect the validity of the ordinance as a whole or any part thereof, other than the part so de- clared ~o ce invalid. SECTION 10. EFFECTIVE DATE. This ordinance shall be in full force and effect after its passage and publication. Passed by the Council this 9th day of August, 1960. /s/ BARTON E. MARSHALl., Mayor, Pro Tern ATTEST /s/ DON TRUCKER. Clerk (SEAL) (Puoiisned in The North Hennepin Post, August 18, 1960). RESOLUTION AUTHORIZING THE PETITIONING O~ T~E F~[NNESOTA RA~LXOAD AND WAREHOUSE C~SSION TO INVESTIGATE AND APPKOVE BOONE AVENUE STREET CROSSING AND TO ORDER THE INST~ION OF FLASHING~TYPE SIGNALS AT SAID CROSSING° Whereas, proposed Boone Avenue is planned as the major collector thoroughfare running north and south in the Village of New Hope, and Wherea£, said Boone Avenue is designed as an eighty foot wide street and shall run approximately through the middle of the Villageo and Whereas, said Boone Avenue is the only contemplated crossing between County Road No. 18 and Winnetka Avenue, which is a distance of one mile, and iWhereas, the multi-million dollar Science Industry Center, now under construction~ shall abut onto Boone Avenue, and Whereas~ several new plats are scheduled to abut or feed traffic into said Boone Avenue when said street is completed, and Whereas, presently two churches are to be constructed on said Boone Avenue reasonably near the Boone Avenue railroad crossing, and Whereas, a new school built on 49th Avenue shall need the additional access provided by said Boone Avenue~ and Whereas~ the main water trunk of the municipal water system presently runs under said Boone Avenue~ and storm and sanitary s~wers shall be built thereunder~ and Whereas, the population has increased rapidly in 'the Village the past several years resultiuE in heavier vehicular traffic. NC~, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of New Hope as follows: 1.: The above clauses are hereby found~ determined, and declared to be findings of fact and incorporated herein. 2. The attached Petition of the Village Council of the Village of New Hope~ Hennepin County, Minnesota~ rgquestin~ the Minnesota Railroad and Warehouse Commission to investigate and appr~,e Boone Avenue street crossin~ and order ~he installation of flashin§"t~pe signals at said crossin~ be submitted to the Minnesota Railroad and Warehouse C~mmission. MaYor Clerk ~HE PAIl,ROAD AND WAREHOUSE COMI~SSION S~A.TE OF MINNIgSOTA PETITION OF THE VILI3-~E COUNCIL OF THE VILLAGE OF ~ HOi~E, ~IN COUNTY, MINNESOTA, RF~STING T~ ~SOTA ~LROAD AND WAREHOUSE COMMISSION TO INVESTIGATE $/qD APPROVE BOONE AVENUE STREET CRO~SI2NG AND ORDER T~ INSTALIA~ TION OF FI~HiNG~fPE SIGNALS AT SAID CROSSING. The Village G~uncil of the Village of New Hope on petition states: ~roposed Boone Avenue is planned as the major collector thorough- fare running north and south in t~he Village of New Hope, II. Said Boone Avenue is designed as an eighty foot wide street and shall run approximately through the middle of the Village. IIio Said Boone Avenue is the only contemplated crossing between County Road No, 18 and Winnetka Avenue~ which is a distance of one mile. IV, The multi-million dollar Science Industry Center, now under construction~ shall abut onto Boone Avenue~ V~ Several new plats are scheduled to abut or feed traffic into said Boone Avenue when said street is completedo vi~ ~resently two churches are to be constructed on said Boone Avenue reasonably near the Boone Avenue railroad crossing, VIIo A new-school built on 49th Avenue shall need the additional access provided by said Boone Avenue~ VIII. The main water trunk of the municipal water system prssently runs under s~d Boone Avenue~ and storm and sanitary sewers shall be built thereunder~ IX, The population has increased rapidly in the Village the past several years resulting in heavier vehicular traffic, WHEREFORE, the Village Council of the Village of New Hope hereby petitions the Railroad and Warehouse C%mm!ssion for approval to cross the tracks of the Minneapolis, St.~ Paul and Sault Ste~ Marie Railroad at Boone Avenue and to order the installation by the said railroad of a flashing-type signal at said crossinge VILL&CE OF ~ HOPE May~r RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LMPRO~EMENT NO. 60-32, RESERVING A DECISION AS TO ALTERNATE A THERE.OF. BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. It is hereby fouhd, determined and declared that the lowest responsible bidder for the work and materials necessary for the construction of Sanitary Sewer Improvement No. 60-32, bids for such construction having been duly advertised on the 21stday of July and the 4thday of August, 1960 in the North Hennepin Post, the official newspaper of the village, and in the Construction Bulletin, said bids having been opened by Orr-Schelen, Inc. and by the deputy clerk on August 12th, 1960 at 4 o'clock p. m. as heretofore authorized by this Council, is Peter Lam__etti Construction Co. in the amount of $157,535.68, and the said bid being in all respects according to law and with the published advertisement for bids and with the plans and specifications heretofore approved by the Council, and is now on file in the office of the village clerk, and the ConsultingEngineers for the Village, Orr-Schelen, Inc., have recommended the said Peter Lametti Construction Co. as the lowest re- sponsible bidder. 2. The said bid is hereby accepted as to the base bid of $157,535.68; and as to the Alternate A bid in the amount of $25,454.69 a decision is hereby reset-ced for the period of time permitted by the specifications for said project. 3. The mayor and village clerk are hereby authorized and directed to make and execute a contract on behalf of the village in accordance with the terms of said bid, except as to Alternate A, said bidder to be required to furnish a contractor's bond in the base amount of his bid, conditioned as required by law. 4. The village attorney is herebY authorized to negotiate the sale o.f two year temporary improvement bonds of the village to pay fdrthe cost of said improvement-. Dated the 16th day of August, 1960. Attest: Clerk (Seal) tv.t ' to,, mn.. AFFIDAVIT OF N~ice ~a hereby given tE~ ~al~ pro-[ I ~flctl at ~e vil~e ot ~w H~nepi~..C~v, Minne~a, at ~ N w ~A~ ~ ~A [~.~ ~, ~ t~.~2th ~y of AUgur, ]9~,~ ~an~ ~m ~ p~m~ely ~ ~ s~id time[ [ana p~ hy two or more d~t~ tions as prepar~ by Orr-~len, lnc., r ~ ~n ~ ~ t ~ 1' * - Consultin. En~n~rs_ 11~ Currie Ave- ~ ~ P b S mh c from tu kno~ ~, ~n~,;,~9 & ~e~ whi~ ~ the vfl~e from wh~h it pu~ to ~ m~ al a~v~: ............ ~ Of ~flon ]~ me w:ta the ViU~e C~r~ of ~ewl to at l~ 4S0 ~ning ineh of ~nf~ c~umm two i~'~ ~,~m,,~ ~.t~ ~lva~t in ~ ,g. . ~ op~ai worms, ~lans audi pum~l~; m tm meup n~ tm t~ ~-hve ~ r t of i~ nma ~ ..... - - . ~.o~a ~]~tt~nf ~ bad may be o~ned from the] m~ellaay; it b not wbllv duni~t~ =-~ .... ~.~_~_, it ~eont~ln~d ~nerM n~ c~ent I~r ~. Th~s de~s~t w~l be retur~ ~ extent ~ at ~ two b~dr~ ~d fo~- t~]n~ .-~-- ___.,_ , . , ~r.~ts uid.place o~pubhu~on to C~tract~s who su~ a bona fide bi~ ~t~ ~ ~ ~ m~ ~- ;b ~( ~_f* . ~_ ~,_. ~ylng subscri~; it and who retUr~ the lans .... '~ --, L_,_. · .. ~ ; .... ?~ ~ .~- ~,,~e ~ n~o a copy of ~eh ~ w~ t~ S~ , ' .. p afla s~ctrtcat~s ~ ~ m ~ ram; ~a tn~e · . . ~ Hi~. m S~ con~t .... thin tifteen (15~ mays ~un~, Min~, ~e a~da~ of~-°~-~~t~-~h~ ~ff:ce ~f..~e. County Aud:tor of H~nepin ~fter the o~ni~ of bids One half of tee h~n of ~ ....... ~ .~. =i~ ay nI s~wteoge ot the t~, Iho~ng the ~e nmom f ' ' ...... ~-~ ~ ~ ~ ~ ~ condigons c~t .... d o the de~stt wtH ~ refunded, ~. u~ t~ q~hca~ons ~ ~or e~b of ~l ~her ~s of document No ~ds wilt ~ co~s~de~d u~lc~s ~a c~ ~and filed with the Vil~e CI~ of New ~ ~e ~ ~ o~ ~ ~ ~ ~ c~ from the c~no ~ ~ n~r, (Ho~ and accom~an~ by ~ c~h ~posit, ~payl~ ~ the Clerk of the Villtle of ~in~ ~ ~ ~ h ~ ~ ~e race e~h ~ for .... ~ ..... ~e SNew~, f~ five (5~) ~r ~.t of Itb~ amount bid, (t~ ~ fo~'~ted a~-Ilo.i- [dated domars in the ev~t ~hat the ~d ~ ~ ~ ~b~ ~ ~yo b ......................... J~ acceM~ and ~e bidder sha~ ~ai~ ~ ~ · ~ ......... ~ter ~ into a wrJ~en c~tract~ · ~,~ ~nlht to reject any a~ all bids. I ~ - ~/ ~ ~~ ~ ~ ~ne ~ ~nd f ' - :---~.-, ~ m ~r~ ~ Vli~ale Clerk. ]' 0~ ~, ~: 0 ty~ ~ m ~e com~fion ~l~tl~ ef ~ 1~ or ~Pub~shed ~n T~ ~or~ H~pin Post,~* - ....... ......... - .... .............. ......... ....... Z. ...................... My ~mmi~iofl ~pires Mar. 27, 1~, -u.!~' - Sani~ta_r7 Sewer Improvement.~,9-30 by. resolution '~depted th~~ of' De_c_._~_9_~_% of ~e V~ off 1~ Ho~ M~Ota, the V~e C~ ~e~ed ~ ~pro~ ~ area desm~ed ther~ ~ ~e ~t~~ ............. i_~d ther~fo~ ~d the est~t~ ~st bf 'c~Ad co~truction ~d other the Village of 1~ Itopo~ F~inl~s~tt~ 1, Xt is hereby estimated that the total cost of ..~san~i_tary sewer, tmprovement~. ., inelud~ ~ appurtenant expan~es, s~a of $15,963;52 ..... , and th&t the s~n of ~15.963.52 assessed to be~e~itin~- property° The Village Clerk, ~i~ siZ~h engineering and legal RESOLUTION APPRDVING PLANS AND SPECIFICATIONS AND AUTHORIZATION OF ADVERTI$~.~4F. NT FOR BIDS, PROPOSED STREET IMPROVEMENT NO. 60-35 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota: 1. Otto Bonestroo & Associates, Inc. Engineers for the Village, have heretofore submitted to this Council a preliminary report pertaining to t~posed street improvement No. 60-35. 2. Otto Bonestroo & Associates, Inc. have on this date presented to the Village Council plans and specifications for the said proposed street improvement, including both street construction and storm sewer construction, both categories of construction having been combined in a single set of plans and specifications which combined plans and specifications are hereby accepted as presented, and the Engineers, the Clerk and the Attorney are hereby authorized to advertise for bids for the proposed improvement, and any and all actions of the Clerk, Engineers and the Attorney taken heretofore providing for publication of said advertisement for bids are hereby ratified and approved. 3. Said advertisement for bids shall be in substantially in the form of the attached notice, and all provisions therein contained are adopted as the official acts of the Village Council, said advertisement for bids to be published in the North Hennepin Post, the official newspaper of the Village and in the Construction Bulletin~. Dated the 23rd day of August, 1960. Sealed bids will be received by the Village Council of the Village of · New Ho. pe, Minnesota, in the' Village Hall until 4:?0 P.M.,C.S.T. on Monday, the l~.th of september, 1960, at which time they wllI be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the followinE: Improvement ,~,ro~ect 60-35 Boone Avenue excavation, grading and gravel base construction i~volving approximately-- 42,500 O/, yd* Class' "A" EXcavation 24~000 CU~ yd~ Borrow EXcavation 20s000 Cu~ yd~ Swamp Excavation 15,800 To~s CIass 4A Gravel 11,100 Tons Class 5 Gravel 620 Lin& ft~ 36" RCP Trunk Storm Sewer 4 mardiol e~ "'2 Catch basins with leads Miscellaneous culverts and appurtenances Plans and specificationsi~ proposal'forms,-* and contract documents may be seen at the office of the Village Clerk, New Hope, Minnesota, and at the office of --i--Otto Bonestroo & Associates, Tnt., Consulting Engineers, 1550 West Larpenteu~ Av~ue~ St. Paul 13, Minnesota, No bids will be considered unlesssealed and filed with the Clerk and ~.,~-~.A.~.~.~.4~ accompanied by a bidder~.s bond naming the Village of New HOpe as obligee, certified check payable to the Village Clerk of the Village of New Hope or a cash deposit equal to at least five per cent (5%) of the , ambunt of the bid, which shall be forfeited to the Village in the ~event that the bidder fails to enter into a contract. The Village Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 30 days after the date and time set for the opening of bids, No bids may be withdrawn for a period of thirty (30) days after the date and*time set for the opening of bids. .. Payment for the work will be by cash or check, Contractoza desiring a copy of the plans and specifications and proposal forms may obtain them fro~ the office of ~tto Bonestroo & Associates, Ince upon paY- ment of a deposit of $15e00, all of which will be refunded to all bOna-fide bidders, providing said ~lans and specifications are returned in good condi- tion within fifteen (15) days after the date set for the opening of bids& A bona-fide bidder is one.who actually signs and submits a bid, No money ~ill be refunded to any 9e~s~n who obtains plans and specifications and does not submit a bid to the Ownere The Village Council reserves the right to reject any and all bids, to waive irregularities and informalities therein, and further reserves the right t° award the contract to the best interests of the Vfllagee Don Trucker, Village Clerk New Hope, Minnesota Published in the North Hennepin Post the 25th day of August, 1960. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 60-35 (STREET AND STORM SEWER, PROPOSED BOONE AVENUE) BE IT RESOLVED, by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto Bonestroo & Associates, Inc., Engineers for the Village have heretofore reported to this Council that a street improvement for the Village as hereinafter described is feasible and may best he made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the Village is $109,900.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such pub- lications to he not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: Notice of Public Hearing for Proposed Street Sewer I~rovement No. 60-35 Village of New Hope Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 6th day of September, 1960 at 9:00 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of (A) a street improvement on proposed Boone Avenue, between 42nd Avenue North and Bass Lake Road (C.S.A.R. No. 10), consisting of grading, gravelling, acquisition of necessary ease- ments, and (B) a storm sewer together with man holes, catch basins, and appurtenant works and services reasonably required therefor, to serve an area'in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: (A) As to the construction of a street on proposed Boone Avenue, all those premises abutting the following described lines: (1) That part of the East line of the Southwest One Quarter of Section 6, Township 118, Range 21, lying South of the Bass Lake Road. (2) The East line of the West One Half of Section 7, Township 118, Range 21. (3) That part of the East line of the West One Half of Section 18, Township 118, Range 21 lyingnNorth of 42ndAvenue North. (M) As to the construction of the proposed storm sewer, the area proposed tobe s~rved is as follows: (1) The East one-half, Southwest one quarter of ~Section 6, Township 118, Range 21 lying South of the Bass Lake Road (C.S.A.R. No. 10). (2) The West one-half, Southeast one quarter.~of Section 6, Township 118, Range 21 lying outh of Bass Lake Road (C.S.A.R. No. 10), and ex- cluding Begin Addition, except for Lots 9 through 16 of Block 6. (3) The Northeast one-quarter, Northwest one-quarter of.Section 7, Township 118, Range 21 lying North of the Minneapolis, St. Paul & Sault Ste. Marie Railroad. (4) The Northwest one quarter, Northeast one quarter of Section 7, Township 118, Range 21 lying North of Minneapolis, St. Maul & Sault Ste. Marie Railroad. 3. The estimated cost of said improvement is $97,400.00 as to the street construction portion of the improvement and $12,500.00 as to the storm sewer portion of the improvement, a total of $109,900.00. 4. The area proposed to be assessed for the making of the street portion of said improvement shall include all the' premises abutting the premises de- scribed in Paragraph 2A above, and the area proposed to be assessed for the storm sewer portion of the improvement shall include those premises described in Paragraph 2B herein. 5. Ail persons interested are invited to appear at said h~aring for the purpose of being heard with respect to the making of said improvement. Dated the 23rd day of August, 1960. Don Trucke~, Village Clerk Published in the North Hennepin Post the 25th day of August, 1960 and the 1st day of September, 1960. -2- Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Attest: (Seal) -3- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION OF ADVERTISE- MENT FOR BIDS, PROPOSED WATER IMPROVEMEI~T NO. 60-38, (ALSO IDENTIFIED AS SECTION B ON WATER IMPROVEMENT NO. 60-34). BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. Orr-Schelen, Inc., Gonsulting Engineers for the Village, have heretofore submitted to this Council a .preliminary report pertaining to Proposed Water' Improvement No. 60-34 and a public hearing was held on same on the Q~ day of ~/~, ~ , 1960, this CoUncil reserving a decision as_~.~r. ~t° the construction of the following portions of said proposed Sunset Heights Addition; Lawrence L~ Peterson's Addition; J. P. Riedel's St. Raphael Addition. 2. The above-described portion of ~aZgr~rovement No. 60-34 shall hereafter, for convenience in clerical and assessment matters, be referred to as 'Water Improvement No. 60-38." 3. The said engineers have on this date presented to the Village Council plans and specifications for the construction of that portion of · Water Improvement No. 60-34, now identified as Water Improvement No. 60-38 and said plans, and specifications are hereby accepted as presented, and the engineers, the clerk and the attorney are hereby authorized to advertise for bids for the proposed improvement. 4. Said advertisement for bids shall be in substantially the form of attached notice and all provisions therein contained are adopted as the official a~ts of the Village Council. The deputy clerk, W. R. Robinson of Orr-Schelen, Inc. and the mayor, or amy two of ~them, are hereby designated as the proper agents of the Village Council to open the said bids. Dated the 23rd day of August, 1960. Attest~ Clerk Mayo~,'~ (Seal) Notice is hereby given that sealed proposals will be ~eceived by the Village Council at t]xe Village of New Hope, Hennepin County, Minnesota~ at the New Hope Village Hall, 4200 Nevada Avenue North, New Hope 27', Minnesota: until 2:00 p,m. on the 6th day of September, 1960, and will be publicly opened at said time and place by.two or more designmted officers or agents of the Village of New Hope, said proposals to be for the furnishing of all labor and .materials for the construction, c~-~piete in place, of the following: Approx~ately 11,O00 l:~neal feet of water main and appurtenances Said bids ~ill be consid~,~red by the Village Council of t~he Village of New Hope at its regular meeting at 7:45 o'clock p.m., Sept~mber 6, 1960~ at the said New Hope Village Hall. Proposals arrivin~ after the designated time will. be returned unopened. The bids must be submitted on the p~oposal forms Provided in accord- ance wi~h contract documents, plans and specifications as prepared by Orr-Schelen, Inc., Consulting Engineers, 110~ Cuttle Avenue, Minneapolis 3, Minnesota, which are on file wi~h the Village Clerk of New Hope and may be seen at the office of the Consulting Engineers. Copies of Proposal Fox,us, plans and specifications for use by tractors suomitting a bid may be obtained from the Consulting Engineers upo~ deoosit of $25.00 per set. This deposit will be Pc- turned to Contractors wh~ submit a bona fide bid and who the plans and specifications in good condition within fifteen days afte~~ the opening o£ bids. One half of the amount of deposit w!ll ce refunded for each of all other sets of documents so returned. No bids wi[~l be conslder~d unless sealed and filed with the Village Clerk of New Hope and accompanied by a cash deposit, cashier's check, bid bond or cer$ified check payable to the Clerk of the Village of New Hope, for five (5%) per cent of the amount bid, (to be forfeited as liquidated damages in the event that the bid ~e accepted andthe bidder shall fail to enter promptly into a written contract and furnish the required bond). Tl~e Village of Ne~ Hope reserves the .right to reject any and all bids. Dated: August 23, 1960 By Order of the Village Council Don C. Trucke. r __ _ Village- Clerk .... Village of New Hope, ~%nneeota Extract of Minutes of Meeting of Village Council Village of New Hope, Hemnepin County, Minnesota Held August 23, 1960 A regula_r ..... meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Hall in said Village on August 2S, 1960, at 8~0~ o~clock P. M. The following members were present: Honsey, Trucker, Collier, and MarShall, and the following were absent: Ohman. =_,Member ~r~er moved its adoption: introduced the following resolution and RESOLUTION APPROVI~ MINNESOTA SESSION LAWS C~ 1959, · ' ¢~R 107 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: ~, 1. Chapter 107 of Minnesota Session L~,s of 1959, entitled "Au Act Auth~izing the Village of New Hope to l~efund Temporary Improvement Bonds Issued in 1958 and 1959, "is hereby approved. 2. The Village Clerk is hereby authorized and directed to file forth- with in the office of the Secretary of State of the State of Minnesota, a copy of this resolution and a certificate, in accordance with Chapter 368 of Minnesota Session Laws of 1959. Attest: Village Clerk The motion for the adoption of the foregoimg resolution was duly seconded by L~ Member.i~o.l,li~' ., and on roll call all members of the Council present voted AYE, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and Clerk. --1- Member' Mar she 11 introduced the following resolution and moved its adoption: RESOLL~ION AUT~ORIZII~ THE ISSUAI~E OF TEMPORARY ]~PROVEME~T BONDS FOR TEE P~RP0~E OF PAYING AND REFUNDII~ ~E~PO~ IM. PROVF.,MEI~T BONDS BE IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found and determined that this Council did on September ll, 1958, adopt a resolution establishing the Temporary Improvement Fund and authorizing the issuance of Temporary Improvement Bonds for the pur- pose of financing costs of constructing local improvements under Minnesota Statutes, Chapter 429; that Chapter 107 of Minnesota Laws of 1959, subsequently enacted, authorizes the Village of New Hope to issue refunding temporary improve- ment bonds for the purpose of paying and refunding at maturity the principal amount of any of its temporary improvement bonds issued during the years 1958 and 1959, to the extent that such principal amount cannot be paid out of the assessments and taxes, if any, levied for its payment and theretofore collected, or out of other funds determined by the Village Council to be available; mud that it is now necessary, and will at later times be necessary, to refund at maturity certain temporary refunding bonds issued, in 1958 and 1959. 2. Such refunding temporary improvemez£..bonds shall be issued in accordance with the procedure prescribed in paragraph 3 of said resolution of September 11, 1958, for the issuance of definitive improvement bonds, except that the Council shall not be obligated to levy any additional tax to pay such refunding temporary improvement bonds beyond the special assessments and general ad valorem taxes (if any) theretofore levied for their payment, nor to appropriate any assessments or taxes to the Improvement Bond Redemption Fund of the Village. 3. Such refunding temporary improvement bonds shall be issued in form substantially similar to thatprescribed by said resolution of September 11, 1958, for the issuance of temporary improvement bonds, and sold, executed and delivered as provided by paragraph 5 thereof. They shall be primarilyPS~able from the Temporary Improvement Fund of the Village, to which the Village shall continue to credit the collections of all special assessments and general ad valorem taxes (if any) levied with respect to the improvements financed by the issuance of the temporary improvement bonds refunded thereby, until the issuance of definitive improvement bonds for the purpose of paying and redeeming such refunding temporary improvement bonds. Prior to maturity of such bonds, the Council shall by resolution provide for the issuance of definitive bonds to pay and redeem them, so far as they cannot be paid out of moneys then on ~and in the Temporary Improvement Fund, in accordance with the procedure prescribed by paragraph 3 of said resolution of September 11, 1958, and shall levy a tax on all taxable property in the Village, as required by said paragraph 3. 4. Refunding temporary improvement bonds .issued hereunder may be com- bined with temporary improvement bonds issued under said resolution of September ll, 1958, into a single issue of temporary improvement bonds. -2- 5. The proceedS of issuance of refunding temporary improvement bonds issued hereunder shall be used solely for the purpose of paying and refunding impr~¢ement bonds, as set forth in paragraph 1 of this resolution, except that any accrued interest received upon their delivery which is not needed for such purpose shall be credited to the Temporary ~mprovement Fund. 6. Except as herein otherwise provided, the provisions of paragraphs 5, 6 and 7 of said resolution of September 11, 1958, shall apply also to refund- ing temporary improvement bonds issued hereunder. Attest: Village Clerk The motion for the adoption of the foregoing resolution was duly seconded by MemBer Tzucker amd on roll call all members of the Council present voted AYE, whereupon said resolution was declared duly passed and adopted, and was signed by the ~4ayor and Clerk. Member~'Mmrshall and moved its adoption: introduced the following resolution RESOLUTION AUTHORIZING TNE SALE AND DELIVEt~f OF $555,000 TEMPORARY IMPROVEMENT BONDS OF 1960, FOURTH SERIES ~ IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. Tt is hereby found, determined and declared that the Village has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearings as required by law, the construction of Sanitary Sewer Improvement No. 60-B2, and Street Improvement No. 60-31, and has duly ordered, received and approved plans and specifications and entered into contracts for the construction of said improvements, after proper advertisement for bids; that the total benefits resulting from each of said improvements to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of each of such improvements, respectively; that it is contemplated that the total remount of the cost of each improvement will be assessed against those lots and tracts specially benefited by such improvements; that the Village now owns easements and rights-of-way over all street and other properties required for the construction of each of said improvements; and that. the total cost ofsaid.~ improvements is presently estimated to be as follows: Sanitary Sewer Imp. No. 60-32 Street Imp. No. 60-31 $1RO, OOO 22~ ~ 2. It is necessary at this time for the Village to borrow the sum of $212,000 to pay the costs incurred and to be incurred in the near future with reference to the improvements described in paragraph l~hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Section 429.091, Subdivision B, Minnesota Statutes, and the resolution adoptedby the Council on September 11, 1958, entitled "Resolution Establishing Temporary Improvement Fund and Authorizing the Issuance of Temporary ..Improvement Bonds". Said bonds areHsreby authorized and directed to be issued '.'and delivered to said purchaser forthwith, and the fund of each of said tm_prove- 'ments shall be incorporated in the Temporary Improvement Fund and the proceeds of said bonds credited to said fund. and expended and accented for as prescribed in said resolution, and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution. 3. It is hereby f~nd, determined and declared that the Village has heretofore issued $385,000 Temporary Improvement Bonds of 1958, dated September' 1, 1958, for~ the purpose of financing the costs of making Sanitary Sewer Improvement No. 58-11, Storm Sewer Imprcrcement No. 58-16, a~d Street Improvement No. 58-1~; that the issuance of said bonds was authorized by resolutions of this Council adopted on September 11, 1958; that all of said bonds were validly issued and constitute legal obligations of the Village in their full mnount; that all of said bonds, are now o~tstanding and bec~ne dme and payable on September 1, 1960; that the cost of said improvmments Which has been paid f~c~ the Temporary Improve- sent .Fund in the amount of $~ ........ _ .... ; .that the amount of moneys remaining on hand therein and available for the payment of said temporary improvement bonds is $53,550, of which amount $11,550 is reqUired for the payment of interest on said bonds c~ning due on their maturity, and $42,~ is available for the payment of principal thereon; and that it is necessary to issue $343,000 refunding tempor- ary improvement bonds to refund said temporary bonds,' in accordance with the resolution of this Council adopted on August 23, 1960, entitled "Resolution Authorizing the Issuance of Temporary Improvement Bonds for the purpose of Paying and Refunding Temporary Improvement Bonds". Said bonds are hereby author- ized and directed to be issued in c~nbination with the bonds authorized bY para- graph-~2 hereof, as a single issue of $555,000 temporary improvement bonds. 4. Said bonds shall be designated as "Temporary Improvement Bonds of 1960, Fourth Series", shall be 555 in number and numbered frc~ i to 555, inclusive, each in the denomination of $1,000, shall be dated as of August 15, 1960, and shall all mature, without option of prior payment, on August 15, 1962. All bonds shall bear interest at the basic rate of 3.70~ per annum frcm date of issue until paid, and at the additional rate of 2.00~ per annum from September 3, 1960, until August 15, 1962, payable semiannually on February 15 and August 15 of each .year, such interest to maturity being represented by two sets of i~terest coupons, the coupons representing the additional rate being designated as "B''~ coupons. The principal of and interest on said bonds, shall be payable at The .~ericam National Ba~k ~ Saint Paul, in St. Paul, Minnesota, and the Village h~reby agrees to pay the reaSonable and customary charges of said paying agent for the receipt and disbursement thereof. Attest: ............... 'VikingS' Cler The motion for the adoption of the foregoing resolution was duly seconde~ by ~~ ,, ,,, ,Member, , Collier,,, ...... , and on roll call, all members of the Oou~cil present voted AYE, whereupon said resolution was declared duly passed and adopted. ST~E C~ MINNESOTA~ ss. I, the unversed, being the duly qualified and actiug Clerk of the Village of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal cust~y of the origiual record frc~ which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; (B) I find said extract to be a true, correct and complete transcript fr~. the original minutes of a meeting of the Village Council of said Village held on the date indicated in said extract, including amy resolutions adopted at such meeting, insofar as they relate to $555,000 Temporary Improvement Bonds of 1960, Fourth Series; ~nd (4) said meeting was duly held, pursuant to call a~d notice thereof as required by law. W~S my hand and the seal of said Village this Au gu s t 1960 · 23rd day Village Clerk -5- Extract of Minutes of Meeting of Village Council Village of N~w Hope, Hennepin County, Minnesota Held August 30~ 1960 meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Hall in said Vill~ge on August 30, 1960, at 7:30 o'clock P. M. The foll~,ing members %~re present: Memsey, T~kez. Collie~, Mm~:sh~ll amd Olm~am and the following were absent: nome. introduced the following resolution and moved its adoption: EESO~ON ATJTHOR~ THE DELIVERY ~ EXCHANGE zsstm $555, ooo ~0~ BO~ ~ 1~0~ BE ~T RESOLVED by the Council of the Village of I~r Hope, Minnesota, as follows: 1. It is hereby found~ determined and declared that in and by a resolution adopted on August 2B, 1960~ this 0omncil has authorized the issu- ance of $555,000 Temporary Ir~provement Bonds of 1960, Fourth Series, dated AugUst 15, 1962~ for the purpose of financing the cost of making certain im- provements and also for the purpose of refunding at maturity $34~000 of au issue of temporary improvement bonds of the Village c~ing due on September 1, 1960; that printed bonds as described in said resolution will not be ready for execution until after September 1, 1960, and consequently the proceeds thereof will not be available to the Village until after said date; that the Village hae no means of paying said $3~3,000 principal amount of bonds due on sa~ date except out of the proceeds of issuing said bonds dated August I5., 1962, and consequently if such proceeds are not available on or before September I, 1960, the Village will be in default of paying said amount of $343,O00 of bonds; smd that, for the purpose of preventing a~y such default, Juran & Moody, Inc., of St. Paul~ Minnesota~ purchasers of said bonds dated August 15, 1962, have consented and agreed to pay for a typewritten bond to be provisionally issued pending, completion and execution of the printed coupon bonds of said issue~ at par and accrued interest, on or before September 1~ !960, and to the exchange of said provisional bond far the printed bonds of said issue when the latter are ready, on the basis of par for par. -t- 2, The shall f~c~hwith iasue its h~ e~p~ ~%~, b~ s~ll ~ all ~r ~e.s~c~e Collier, ~s~ll ~d ~n and ~e foll~ng vc~,qai~s~ ~ ~hlch ~he a~%aehed an~ fc~egoi~ extr~t was tr~¢ribe~; ()) -2- KE$OLUTION O~EP~NSTPJJCTION OF STP3~ET IMPROVE~E'~ NO. 60-35 (STKEET AND STORM ~R, PROPOS~.D BOONE AVENUE) BE IT RESOLVED by the VillageCouncil of the Villageof New Hope, Minnesota, as follows: 1. That a public hearing was held on the 6th day of!September, 1960, at 9:00 o'clockP. M. at the Village Hall, 4200 Nevada Avenue North, in the Village of New Hope pertaining to the construction of proposedstreet imprOVement 60-~. 2. ThatthisCouncil has considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the making of said street improvement, the construction of which is hereby ordered, said improvement to be known hereafter asStreetImprovement 60-351of the Village. 3. The area proposed to be assessed to pay the cost of said improvemmnt shall included the property described in a notice of hmaring as published. 4. The VillageAttorney is hereby authorized to negotiate the sale of the bonds of the Village to pay the cost of said improvement and to undertake Such negotiations and proceedings as deemed necessary in order to acquire the necessary rightofway for said construction. Dated the 6th day of September, 1960. Attest: Cler~ Mayor / RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR BOONE AVENUE NORTH BETWEEN ROCKFORD ROAD AND BASS LAKE ROAD AND SLOPE EASEMENTS. IMPROVEME~IT NO. 59-35 WHEREAS, it is necessary, advisable and in the public interest that the Village of New Hope lay war and establish certain public street and slope easements appurtenant thereto; and WHEREAS, in order to accomplish such purpose it is necessary to acquire a permanent street.easement, together with slope easements in, over and upon the land as h~reinafter described, said slope easements to expire on June 1st, 1961, with the contour or grade of the land to be as constructed within the slope easement on June 1st, 1961, and WHEREAS, in certain areas where cuts or soil must be removed i_n order to construct the street easement as hereinafter described and the outer ex- tremities of which are contained in the slope easements as hereinafter described will he shaped from the street level to the natural ground level at the approxi- mate ratio of two f~ot horizontally to one foot vertically, all within the slope easement, thus making, it necessary for the Village of New Hope to acquire the full right and authority and title to the soil which must be removed to establish and construct said street and slope2conversely in those areas where fill must be hauled in to establish the proposed grades and slope, said fill outs!~e of the street easement shall become the property of the owners claiming legal title thereto on July 1st, 1960. NOW, THEREFORE, be it resolved, that the recitals hereinbefore contained be incorporated herewith and that the Village of New Hope proceed to procure the necessary street-easements and slope easements described in Exhibit A which is attached hereto and by this reference included as a part of this resolution, under its right of eminent domain and the village attorney be instructed and directed to file the necessary papers therefor, and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed oZ~ rminated by the village or by the court; that the village attorney, the mayor and clerk do all things necessary to be done in the commencement, prosecution amd the Adopted by the Village Council this ~<~ day of · .., 1960. Attest: Clerk (Seal) Parcel 35-2 A street easement over the West 40 feet and a slope easement over the East 18 feet of the West 58 feet, all lying within the following described property: That part of the Northwest Quarter of the Southeast Quarter described as beginning at the Southwest corner thereof; thence North~ong the West line of the Northwest Quarter (NW~) of the Southeast Quarter (SEk) to the center line of Bass Lake Road; thence Southeasterly along the center line of said road 335.6 feet; thence South to a point on the South line of the Northwest Quarter (NWk) of the Southeast Quarter (SEk) distant 325.2 feet East along said South line fr~mthe point of beginning; thence West to the point of beginning, in Section 6, Township 118, Range 21 according to the Government survey thereof. Names of the parties interested in the above described land and nature of interest: Gordon J. Moen Mary B. Moen County of Hennepin Record Owners Tax Lien Parcel 35-1 A slQpe easement over the West 17 feet of the East 57 feet of that part of Section 6, Township 118, Range 21 described as the East 20 rods of the Northeast Quarter (NEk) of the Southwest Quarter (SWk) lying South of Bass Lake Road. Names of the parties interested in the above described land and nature of interest: Eugene J. Clemens Ida B. Clemens Benson~Evans International Properties, Inc. County of Hennepin Record Owners Contract Purchasers Option Tax Lien Parcel 35-3 A street easement over the East 40 feet and slope easement over the West 20 feet of the East 60 feet all lying within the following described property: The East 495 feet of the Southeast Quarter (SEk) of the Southwest Quarter (SW~), Section 6, Township 118, Range 21, according to the Government survey thereof. Names of the parties interested in the abcVe described land and nature of interest: Gordon J. Moen Mary B. Moen Benson-Evans International Properties, Inc. County of Hennepin Parcel 35-4 Record Owners Contract Purchasers Option Tax Lien A slope easement over the East 21 feet of the West 61 feet of that part of the North One Half (N~) of the South One Half (S~) of the Southeast Quarter (SE~) of Section 6, Township 118, i~ange 21, lying West of the extension, northerly of the center line of Zealand Avenue North as platted in Begin's Addition. Names of the parties interested in the above described ~ nd and nature of interest:~ Trustees of the Diocese of Minnesota, Inc. Record Owner County of Hennepin Tax Lien Parcel 35-5 A street easement over the East 10 feet of the West 40 feet, and a slope easement over the east 19 feet of the West 59 feet all lying within the following described property: South Ome Half (S~) of the South One Half (S~) of the Southeast Quarter (SEk) of Section 6, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Elzear G. Begin Louise C. Begin CoUnty of Hennepin Record Owners Tax Lien Parcel 35-6 A slope easement over the West 22 feet of the East 66 feet of the North One Half (N~) of the Northwest One Quarter (NW~) Section 7, Township 118, Range 21 lying North of Minneapolis, St. Paul &..SAult;S~e~::Marie Railroad right-of-Way. Names of the parties interested in the above described land and nature of interest: Milton C. Honsey Dorothy M. Honsey International Properties, Inc. County of Hennepin Parcel 35-7 Record Owners Option Tax Lien A street easement over the West 40 feet, and a slope easement over the East 18 feet of the West 58 feet, all lying within the following described property: That part of the North One Half (N%) of the Northeast One Quarter (NEk) of Section 7, Township 118, Range 21 lying northerly of the Minneapolis, St. Paul & Sault Ste Marie Railroad Company's present right-of-way. Names of the parties interested in the above described land and nature of interest: Tri-State Land Company County of Hennepin Record O~mers Tax Lien Parcel 35-8 A street easement over that part of the Minneapolis, St. Paul & Sault Ste Marie Railroad Company's 100 foot right-of-way comprising the West 40 feet of the Northwest Quarter (NWk) of the Northeast Quarter (NEk) and the East 40 feet of the Northeast Quarter (NEk) of the Northwest Quarter (~lk) all in Section 7, Township 118, Range 21. A:slcpe easement over chat-.part of the MinneaPolis?'S~.:Paul & Sault Ste. Marie Railroad Company's 100 foot right-of-way comprising the West 32 feet of the East 72 feet of the Northeast. Quarter (NE~) Northwest Querier (NW~) and the East 32 feet of the West 72 feet of the Northwest Quarter (~) of the Northeast Quarter (NE~) all in Section 7, Township llS,'Range 21. Names of the parties interested in the above described land and nature of interest: Minneapolis, S~t. Paul & Sault Ste~ Marie Railroad Company The Northern Trust Company, Trustee County of Hennepin Parcel 35.-9 Record Owner Mortgagee Tax Lien A street easement over the East 40 feet and a slope easement over the West 3Z~ feet of the East 72 feet, all lying within the following described property: Commencing 40 rods North of the center of Section 7, Township 118, Range 21; thence ~est 105 rods; thence North to the south line of the right-of-way of the Minneapolis, St. Paul ~ iau~t Ste. Marie Railroad Company; thence EaSt along the south line of said railroad to the East line of the Northwest Quarter (NW%) of said Section 7; thence South to the point of beginning. Names of the parties interested in the above described land and nature of interest: Soren C. Sorensen Record Owners Sophie A. Sorensen E. L. Kavti Contract Purchaser County of Hennepin Tax Lien Parcel 35-10 A street easement over the West 40 feet, and a slope easement over the East 30 feet of the West 70 feet all lying within the following described property: That part of the North One Half (N~) of the Northeast One Quarter (NE~) of Section 7, Township 118, Range 21 West of the Fifth Principal Meridian that lies South of the tracks of Minneapolis, St. Paul & Sault Ste. Marie Railroad as the same now crosses said quarter quarter. Names of the parties interested in the above described land and nature of interest: Sam Daugherty Clara Daugherty Record Owners Fegles Construction Company, Inc. Contract Purchasers County of Hennepin Tax Lien Parcel 35-11 A slope easement over the West 32 feet of the East 72 feet of the following described property: Commencing at the Southwest c~-~hof the Northwest One Quarter (NWk); thence North 30 feet; thence East 250 feet; thenc~-/-108 feet; thence West 250 feet to the West line of the Northwest One Quarter (NW~); thence North to a point 306 feet South from the north line of the South One Quarter (Sk) of the Northwest One Quarter (NWk): thence East 711.88 feet; thence North 306 feet; thence East to the East line of the Northwest One Quarter (~.~k); thence South to the Southeast corner; thence West to the beginning, Section 7, Township 118, Range 21. Names of t~e parties interested in the above described land and nature of interest: Leonard C. Michaletz Credella M. Micheletz Record Owners Farmers State Bank of Hamel Mortgagee County of Hennepin Tax Lien Parcel 35-12 A street easement over the West 40 feet, and a slope easement over the East 30 feet of the West 70 feet, all lying within the following described property: ~he Southwest Quarter (SW~) of' the Northea~t,QuarterT.(NE~) of 'Sect~Oh'7, T~wn'~hi~"llS,'Range '~1~ Names of the parties interested in the above described land and nature of interest: Henry L. Schroeder Record Owner Martha Schroeder Inchoate County of Hennepin Tax Lien Parcel 35-13 A slope easement over 'the West 14 feet of the East 54 feet of the following described property: The North One Half (N~) of the Southwest One Quarter (SW~) of Section 7~ Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Wallace G. Santee Sarah I. Santee Record Owners Edward L. Kavli Contract Purchaser County of Hennepin Tax Lien Parcel 35-14 A street easement over the West 40 feet, and a slope easement over the East 18 feet of the West 58 feet all lying within the following described property: The Northwest Quarter (~4~) of the Southeast Quarter (SE~) except the East One Half thereof, Section · 7, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Edward N. Schuller Mathilda E. Schuller County of Hennepin Record Owners Tax Lien Parcel 35-15 A street easement over the East 40 feet, and a slope easement over the West 22 feet of the East 62 feet, all lying within the following described propertY: The SoUtheast Quarter (SEt) of the Southwest Quarter (SWk) of Section 7, Township 1i8, R~nge 21. Names of the parties interested in the above described land and nature o~ i~terest: Richard Parish Audrey Parish Anthony J, Reichert Catherine J. Reichert Bass Lake Land Company, Inc. Record Owner:~ Inchoate Mortgagee Contract Purchaser County of Hennepin Tax Lien Parcel 35-16 A slope easement over the East 22 feet of the West 62 feet of the fol~wing described property: The Southwest One Quarter (SWk) of the Southeast One Quarter (SE~) of Section 7, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: William M. Bauer Elizabeth Windsperger Bauer Record Owners Delbert Blohm Delores Blohm Contract Purchasers County of Hennepin Tax Lien Parcel 35-17 A street easement over the East 40 feet and a slope easement over the West 16 feet of the East 56 feet all lying within the following described property: That part of the Northeast One Quarter (NE~) of the ~orthwest One Quarter (NW~) of Section 18, Township 118, Range 21 described as follows: Commencing at the Northeast corner of the Northwest Quarter (~) of said Section 18; thence West along the North line of said Northwest Quarter (~.3'~), a distance of 363 feet; thence South parallel with the East line of said Northwest Quater (~k), a distance of 600 feet; thence East parallel with the North iine of said Northwest Quarter (NWk), a distance of 346.5 feet to a point 16.5 feet West of the East line of said Northwest Queer (~); thence South parallel with the East line of said Northwest Quarter (~,!~) of said Section 18, to the center line of Rockford Road; thence easterly along said center line of the Rockford Road to the East line of said Northwest Qu~ter (~4k); thence North along the East line of said Northwest Quarter (~,lk), a distance of 1,159.5 feet more or less to the point of beginning, according to the Government survey thereof on file and of reco~d in the Office of the Register of Deeds. Names of the parties interested in the above described land and nature of interest: Gregory W. Szlachtowski Irene I. Szlachtowski Record Owners Minneapolis Savings and Loan Association Mortgagee County of Hennepin Tax Lien Parcel 35-18 A stregt easement over the East 23.5 feet, and a slope easement over the West 16 feet of the East 39.5 feet, all lying within the following described property: That part of the Northeast One Quarter (NEt) of the Northwest One Quarter (NWk) of Section 18, Township 118, Range 21 described as follows: Commencing at a point in the East line of the Northwest One Quarter (~,lk) of said Section 18, a distance of 600 feet South of the Northeast corner thereof; thence West parallel with the North line of said ~orthwest One Quarter (NW~) 413.6 feet; thence South parallel with the East line of said Northwest One Quarter (~) 541.9 feet to the center line of Rockford Road; thence easterly along said center line to the East line of said Northwest One Quarter (N]~); thence North along said East line 559.5 feet to the point of beginning, excepting from the above described premises, the East 16.5 f~et,'thereof. Names of the parties interested in the above described land and nature of interest: Richard W. Windsperger First Federal Savings and Loan Association of Minneapolis County of Hennepin Parcel 35-19 Record Owner Mortgagee Tax Lien A street easement over the West 40 feet, and a slope easement over the East 14 feet of the West 54 feet, all lying within the following described property: The West one half (W~) of the Northwest One Quarter (NW~) of the Northeast One Quarter (NE~) of Section 18, Township 118, Range 21 except that part thereof which lies South of the Rockford Road so called. Names of the parties interested in the above described property and nature of interest: Dwellings, Inc Record Owner Twin City Federal Savings and Loan Association Mortgagee County of Hennepin Tax Lien det~ te 5~mpmmve an mrea design:areal therein ~ the c~t~ti~ --~ .......... ~f~ S~t~ Sewer ~ roveme~~~ . ~r~d ~er~fore, ~d ~tEEEAS, the e~timated corot of said coustruetion ~d other appartemant works is the sum o~~.:7~___ ._.___.~ NO~ THEEEFO~E, ~i~:': :T RES~,~ED by the Vt!]~ge of New Hope, ~mueaota, a~ foll~ 1o It is he~e~y e~ttmated that the total cost of._ Sanit r S ~r~rovem_e2~tj~9:2~ .... = incl~g all ~p~~t expenses, is the ~ of $430.1A7.32 ___.~ amd that the m~..~ of: $4~0_.1&?.S2 .. ~ is to be a~sessed to heaefitL~ property° 2. The Village Ol~rk, with ~ch engineering amd legal a~$istance a~ ehall be re~xr~d for~h~.th tabulate the entire maouat t~ ~e spe~iall~ a~e~s~d for th~ im~nt agai~t every ~esamble lot, pieces, or parcels benefited by the makiug of said im~t, .Lu a~cordance ~ith the provlsiem~ of Minnesota ~tatuteeo Street IJ~o~rove~en~ 59.18 . , ......... of October, 1959, ~~ ~ ~~ ~ ~ des~~ ~~ ~ the co~ti~ ........ ..... of ~tr~e~,,,~provement 5~ .................. ~d ~fo~, ~ 1o It is hereby eatima~ thai. the total cost rov.ement 5_~18_ ~., includ~tig ~ 2. The Village ~lerk, with sueh ~n~-eering amd le~ ~~ee Dated the 6 of se t~ Street Improve_$e~nt ~28 Ceuneil of t,~l. Village ~f Ne~ Hepe, _~mme~tm, t~e Village C~mm~il determined to improve an area desi~?.ated therein by the constructiea o£ Street Improvement-~9.,-_~9-2.8 ............ ...... . .. ~quired therefore, aud ~A~, the e~tim~t~d c~t of said' ~o~traction and other ~pp~rtonant 1o It is hereby e~timmted that the total ¢o~t of Street ~ of ~2.~.6~ _ . _, ~d ~at the ~'.~ ~f ~7~ ~ t~ The V~l~ Clerk, ~ith ~uch en~_t-~eri~g and le~ s~c~ ~~ for ~ ~v~nt ~nst ~ ~~e lot~ er ~e~ ~n~tad ~ the ~ ~ ~d ~~t, ...... -: Storm~?.ovement No. 60-2&D _ Cmmatl ~f the. V!lla~ ~f New Hop~, ~~ta, the Vtlle~ ~~ determined to ~'.::-:~.~e au area desig~mted therein by %he c~ns%ruction ................. _. ~equired therefo:.e, and the ectimated co~t of said'cormt:~etion ~d other appm~emmt the ~m of _~122 .~29.~2 ............ _ _ . ~ 1o It .is h~®reby e~ti:~ated that ~ ~ c~t o~9~ sewer ~ of:. $1~.52~-~_:_~, ~d ~t the ~ of ~~ ...... ~ ~ 2. The Village ~erk. with such engineering and legal a~sistance as ahall be requ~ed fortha~th tabulate the entire ~aount to Be speoially a~ed for the improvement against every assea~ble lot, pieces, or parcels benefited by the mak~ of said improvement, in a~ec~t~nce wiJJa the provisions of ~sota Statutes. RESOLUTION DETEP~I~X[NG ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR OMITTED PROPERTIES SAh~TAR¥ SEVfER IMPRO~ENT 59-19B ~KqEREAS, by resolution adopted the 19th day of May, 1959, by the Council of the Village of New Hope, Minnesota, the Village Council determined to improve an area designated therein by the'construction Sanitary Sewer Improvement No.' 59-19B required therefore, and WHE~S, the original estimated cost of saidconstruction and Other appurtenant works was the susa of $273,995.14, and assessments were spread pursuant to law in said sum, and WHERFAS, certain premises in the County of Hennepin, State of M~nnesota, legally described as follows: Lots 2, 3 and 4 in Block 4, Meadow Lake Park 2nd Addition were omitted from the original assessment roll, the cost of constructing sanitary sewer to serve said premises is $1,876.17. NOW THEREFORE, BE IT RESOLVED by the Village of New Hope, ~nnesota, as follows: i. It is hereby estLmated that the cost of serving said specifically described premises, inClUding all-appUrtenant expenses, is the sum of $1'876.I7, and that the sum of $1,876.17 is to be assessed to benefiting property. 2. The Village Clerk, with such engineering and legal assistance as shall be required shall forthwith tgou!ate the entire amount to be specially assessed for the Improvement against the said described parcels which benefited the said improvement, in accordancewith the provisions of Minnesota Statutes. Dated the 6th of September, 1960. ATTEST: Clerk Mayor RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF WA~ER IMPROVEMENT NO. 60-38. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. It is hereby found, determined and declared that the lowest responsible bidder for the work and materials necessary for the con- struction of Water Improvement No. 60-38, bids for such construction having been duly advertised on the 25th day of August, 1960 in the North Hennepin Post, the official newspaperof the Village, and in the Construction Bulletin, is F~sson Sewer and Water, Imc. in the amount of $67,601.00 and the said bid being inall respects according to law and with the published advertisements for bids and with the plans and specifications heretofore approved by the Council amd now on file [~ the office of the Village Clerk and the Consulting Engineers for the Village, Orr-Schelen, Inc., have recommm~nded that said bid be accepted and said bid is hereby accepted. 2. The Nmyor and the Village Clerkare hereby authorizedand directed to make and execute a contract onbehalf of the Village in accordance with the terms of said bid, and to validate saidcontract, said biddershall be required to furnish a contractor's bond in the base amount of his bid, con- ditioned as required by law. Dated the 13th day of September, 1960. Attest: (Seal) Clerk . San±ta.~ry_.S~ewer_ Lateral ,.ImProvement 60-22 .. of Sanitary Sewer Improvement #60-22 ....... ;. ...... req~d %h~ref~r~ aud ~, the e~tlmat~.~ test of ~mid,:_conStrmction e~d other ap~~t ~rks is the mum ef.~95~.~70 ': ......... : hlY~ ~.FO~E, BE IT RE~0LVED by '~e Vi!tag~e ~f H%~' HoDs, -~t~e~ot~ 1, It i~ h~w~y emtfo~ted '~t the total cost ~f~ Sanitary .... S_ewer_L. ater~l Im _r. 60T~ ~cl~g all a~u~t be a~sesm~d to ben~fit~ The V~e Clerk, ~ith ~uch engineer~_.g and le~ ~~ce ~ ~o~of~, ~.. NOTICE OF ~BLIC HEARING ON ASSESSMENTS FOR SANITARY SEWER IMPROVEMENT NO. 59-23, 60-22 AND 59-30, STORM SEWER IMPROVEMENT NO. 60-26D, STREET LMPROVEMENTS NO. 59-18 AND 59-28; ASSESSMENT OF DELINQUENT SANITARY SEWER SERVICE AND CONNECTION CHARGES; ASSESSMENT OF PREVIOUSLY OMITTED ASSESSMENTS, SANITARY SEWER IMPROVE- MENT NO. 59-19B. 1. NOTICE IS HEREBY GIVEN, That the Council of the Village of New Hope Minnesota, will meet~at the Village Hall, 4200 Nevada Avenue North in said Village on Tuesday, the 4th day of October, 1960 at 7:30 o'clock p. m. to hear, consider and pass upon a!l written or oral objections, if any, to proposed assessments for the Public Improvements of the Village described in the caption, and hereinafter. The proposed assessment rolls are now on file and open to public inspection by all persons interested, in the office of the Village Clerk. The entire amount assessed against any parcel of land will be payable unless prepaid, in equal consecutive annual installments as specified below, the first of such installments to be payable with the general taxes for the year 1960, collectible with such taxes during the year 1961. The first installment will be payable with interest at the rate of 6% per annum on the entire assessment from the date of the resolution levying said assess~ ment to December 31St, 1961, and each subsequent installment will be payable with one year's interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the Village Treasurer within thirty days from the date of the adoption of the assess~ ment roll. 2. The title, general nature of each improvement and the period over which it is proposed that the proposed assessments will be spread are as follows: a. Sanitary Sewer Improvement No. 59-23, the general nature of the im- provement being the construction of trunk sanitary sewer, including lift station, (the lift station cost is not proposed to be assessed), house serviceS~ and manholes, and all other appurtenant works and services reasonably required therefor, to serve the area described hereinafter as the area proposed to be assessed. The total esti- mated cost proposed to be spread is $430,147.32 in installments over 30 years. b. S.~ni~ary Sewer Impro~emen'~ No. 60-22, the general nature of said improvement being the construction of lateral sanitary sewer, including house /?7 services, manholes and all other appurtenant works and services reasonably required therefor, to serve the area described hereinafter as the area proposed to be as- sessed. The total estimated cost proposed to be assessed is $233,954.70, to be spread in installments over 20 years. c. Sanitary Sewer Improvement No~ 59-30, the general nature of said improvement being the construction of lateral sanitarysewer, including house services, manholes and all other appurtenant work and services reasonably required therefor, to serve the premises described hereinafter, the cost of said project being $15,963.52, to be spread in installments over 20 years. d. Storm Sewer Improvement No. 60-26D, the general nature of the im- provement being the construction of storm sewer, catch basims, and all other ap- purtenant works and services reasonably required therefor to serve the area described hereinafter as the area proposed to be assessed. The total estimated cost of the improvement is $42,529.42 to be spread in installments over 10 years. e. Street ImprovementNo. 59.-18, the general nature of the improvement is the construction of streets within the Village, including the subcutting of the streets, comstruction and grading of gravel, sub-base and base, and all other works and services reasonably required therefor, the said streets being those designated hereinafter as those upon which the areas proposed to be assessed abut. The total estimated cost is $67,260.09 to be spread in installments over 10 years. f. StreetImprovement No. 5.9-28, the gemeral nature of the improvement is the comstruction of Wisconsin Avenue from the south edge of the present paving on Bass Lake Road to a point approximately 700 feet South thereof, said construction including sub-cutting, grading, stabilized gravel base. The total costwhich is pro- posed for assessment is $2,807.65, to be spread in installments over 10 years. g. Delinquent Sanitary Sewer Service and Connection Char~es. Ail de- linquent sanitary sewer service amd connection charges will be assessed directly against the property which was benefited thereby and had the use of the sanitary sewer. The entire amount assessed against any parcel of land for the sanitary service and/or connection charges will be payable in one annual installment and -2- will be payable only with general taxes for 1960, collectible with such taxes during 1961~ if they are not paid by October 9, 1960. h. ~ssessment of-Previously Omitted Assessments~ Sanitary Sewer Improvement No. 59-19B. The general nature of this improvement was construction of sanitary sewer laterals, including house services, manholes and appurtenant works and services reasonably required therefor, the cost of this improvement having been heretofore assessed, except as to certain premises described hereinafter which were benefited by said improvement, and which have not been heretofore assessed, the cost of said project for said omitted premises being $1,876.17, to be spread in installments over 20 years. 3. The area proposed to be assessed for the making of each of said im- provements, includes the premises in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows, for the respective improvements: a. Sanitary Sewer Improvement No. 59-23: 1. The West ~ of Section 6, Tl18, R21. 2. That part of the West~ of the Southeast ~ of Section 6, TtlS/ R21, lying South of a line parallel with and 165 feet South of Bass Lake Road (Co. Rd. No. 10~ except the East 490 feet thereof. 3. The West ~ of Section' 7, Tl18, R21. 4. The West~ of the East ½ of Section 7, TI18, R21o 5. The West ~ of Section 18, TlI8, R21. 6. The West ~ of the Northeast ~ of Section 18, TllS, R21 except the East 650 feet of the North 1095 feet thereof. 7. The Southeast % of Section 18, Ti18, R21. 8. The West 165 feet of the Northwest ~ of the Southwest ~ of Section l~, TlI8, I{21. 9. The North ~ of the North ~ of Section 19, TI18, R2t. 10o The North 660 feet of the West 660 feet of the Northwest ~ of the Northwest ~ of Section 20, Ti18, R21. b. Sanitary Sewer Improvement No. 60-22: (1) Northeast corner: -3-- (a) Tract B, Registered Land Survey No. 21; (b) Premises within the Village of New Hope and abutting the South line of the North ~ of the North ~ of Section 5, Tlla, R21, and lying between Mork-Campion Heights Addition and the East line of Tract E of Registered Land Survey No. 326, a part of same being also identified as 60th Avenue North; (c) Premises abutting proposed Louisiana Avenue North, from 60th Avenue North to a point 563.96 feet north of the center line of 60th Avenue North, being premises adjacent to the West line of Tracts A, I, H, G, and F of Registered Land Survey No. 326; (d) Premises abutting 62nd Avenue North from the West line of West Broadway to the East Village Boundary; (e) Premises abutting West Broadway from Lot 1, Block i, Mork-Campion Heights Addition to 60th Avenue North, extended; (2) 42nd Avenue North (C.S.A.R. No. 9): The premises abutting 42nd Avenue North between Winnetka Avenue and the Minneapolis, Northfield & Southern Railroad tracks. (3) 49th Avenue North from Winnetka Avenue North to the Minneapolis, Northfield & Southern Railroad tracks. (4) Moen's Second Addition: 60th Avenue North from Winnetka Avenue to Wisconsin Avenue North; (5) Meadow Lake Park 2nd Addition and Meadow Lake Heights 2nd Addition: Ail premises abutting all streets within and adjacent to Meadow Lake Park 2nd Addition and Meadow Lake Heights 2nd Addition; (6) Northwest corner. Premises in the West ~ of the West ~ of Section 6, Tila, R21 abutting the following described easements: -4- A permanent easement for sanitary sewer purposes over the following described property: The West ~ of the Southwest ~ of Section 6, Tl18, R21. Beginning at a point 1113.36 feet North of the South line and 970.0 feet East of the West line of the Southwest Quarter of Section 6, Tl18, R21; thence South 45 degrees West, a distance of 5.0 feet; thence deflecting to the right 90 degrees, a distance of 45.92 feet; thence deflecting to the right 45 degrees, a distance of 661.07 feet, the last described line being parallel with the West line of the Southwest Quarter of said Section 6; thence deflecting to the left 90 degrees, a distance of 4.0 feet; thence deflecting to the right 90 degrees, a distance of 60.0 feet; thence deflecting~to the right 90 degrees, a distance of 35.0 feet; thence deflecting to the left 90 degrees and going North parallel with the West line of the Southwest Quarter of said Section 6 to a point 5°0 feet South of as measured at right angles thereto, the South line of Bass Lake Road, as laid out and traveled as of June 9, 1960; thence Westerly and parallel with the South line of said Bass Lake Road to the intersection of a line parallel with and 661.2 feet East of as measured at right angles thereto the West line of the Southwest Quarter of.said Section 6; thence North along said parallel line to the South line of said Bass Lake Road; thence Easterly along the South line of said Bass Lake Road to the intersection with a line parallel with and 975.0 feet East of, as measured at right angles thereto the West line of the Southwest Quarter of said Section 6; thence South along said parallel line to a point which is 1863.36 feet North of the South line and 975.0 feet East of the West line of the Southwest Quarter of said Section 6; thence deflecting to the left 90 degrees, a distance of 35.0 feet; thence deflecting to the right 90 degrees, a distance of 60.0 feet; thence deflecting to the ~ght 90 degrees, a distance of 66.0 feet; thence deflecting to the left 90 degrees, a distance of 656.93 feet, said last described line being parallel with the West line of the Southwest Quarter of said Section 6; thence -5- deflecting to the left 45 degrees, a distance of 41.78 feet; thence deflecting to the right 90 degrees, a distance of 5.0 feet to the point of beginning. A 10 foot permanent easement over the following described property: That part of the South 3/4 of the Southwest ~ of the Northwest ~ of Section 6, Township 118, R21 lying East of the West 330.0 feet thereof and that part of the Northwest ~ of the Southwest ~ of said Section 6 lying Northerly of County Road No. 10 (Bass Lake Road). Said easement being 5.0 feet on either side of the following described centerline. Beginning at a point in the North line of the said South 3/4 lying East of the West 330.0 feet, a distance of 367.58 feet East of the Northwest corner thereof; thence South parallel with the West line thereof, a distance of 75.0 feet; thence West parallel with the North line thereof, a distance of 367.58 feet to the West line thereof; thence South along said West line to a point distant 8.0 feet Northerly of as measured at right angles thereto the centerline of the new pro- posed County Road No. 10 (Bass Lake Road), according to the condemna- tion proceedings in Hennepin County District Court Case No. 534921; thence Southeasterly parallel with and 8.0 feet Northeasterly of as measured at right angles thereto said last described centerline to the intersection with a line parallel with and 666.20 feet Easterly of. as measured at right angles thereto the West line of said Section 6; thence South parallel with the West line of said Section 6 to the South line of County Road No~ 10 (Bass Lake Road) as now laid out and traveled as of June, 1960 except therefrom that part lying within the road right- of-way. A 10 foot permanent easement over the following described property: That part of the North ~ of the Southwest ~ of the Northwest ~ of Section 6~ Tl18:R21 except the West 500.0 feet thereof. Said permanent easements being 5.0 feet on either side of the following -6- described centerline. Beginning at a point on the South line of the North ~ of said Southwest ~ of the Southwest ~, Section 6, Tl18, R21, distant 697.58 feet East of the Southwest corner thereof; thence North at right angles to said South line, a distance of 130.0 feet; thence deflecting to the right along a curve, having a radius of 112.74 feet, for a distance of 139.15 feet; thence Northeasterly tangent to the last described curve, a distance of 223.74 feet; thence deflecting to the right at an angle of 11 degrees, 24 minutes, 32 seconds, a distance of 94.71 feet; thence along a curve to the right, havinga radius of 715.03 feet, for a distance of 99.84 feet; thence along a line tangent to the last described curve, a distance of 120.0 feet to the Northeast corner of the said North ~ of the Southwest ~ of the Northwest ~ and there terminating. (7) Wonderland 1st Addition: Lots 1, 2 and 3, Block 1; Lots 1 through 7, Block 2; Lots 1 through 15, Block 3. Co Sanitary sewer Improvement No. 59-30. All lots and parcels abutting Cavell Avenue.~etween Bass Lake Road (C.S.A.R. No. I0) and 60th Avenue North, together with Lots 1, 28 and 29, Block 4, Meadow Lake Park 2nd Addition, and Tract A of Registered Land Survey No. 571, together with the following described premises: Commencing at a point in the centerline of Bass Lake Road distant 100 feet North, 75 degrees, 30 minutes~West along said centerline from the East line of the West ~ of Section 6; thence North 0 degrees,08 minutes West 350 feet; thence North 75 degrees, 30 minutes West to a point 16~ roda at right angles from the Bast line of the West ~ of Section 6; thence North to the North line of the Southeast ~ of the Northwest ~; thence East to the Northeast corner thereof; thence South to the center!ine of Bass Lake Road; thence Northwesterly 100 feet to p~t of begirring, except road, Section 6, Tl18, R21 being Meadow Lake Terrace 2nd Addition. -7- de Storm Sewer Improvement No. 60-26D: The following described premises in the Village of New Hope, County of Hennepin, State of Minnesota: (1) Northwest ~ of Northwest ~ of Section 6, TllS, R21. (2) North ~ of Southwest ~ of Northwest-~ of Section 6, Tlt8, R21. (3) Meadow Lake Park Addition, all lots and parcels. (4) Meadow Lake Terrace Addition, all lots and parcels. (5) The Southeast k of the Northeast k of Section 6, Tl!8, R 21, including Sullivan's Hillcrest Addition. (6) South ~ of Northeast ~ of Northeast Tl18, R 2i. (7) North ~ of Southeast ~, Section 6, Tl18, R21. (8) North ~ of Southeast ~ of Southeast ~ of Section 6, Tl18, R21. (9) Northeast ~ of Southwest ~ of Southeast ~ of Section 6, Tl18, R21. (10) East ~ of Northwest ~ of Section 6, Tl18, R21, including He ights Meadow Lake/lst Addition and Meadow Lake Terrace 2nd Add i t ion. (11) Southeast ~ of Northwest ~ of Northwest Tl18, R21o (12) Mork Campion Manor Addition. (13) Del Heights Addition. (14) Lynncro f t Addition. (15) Del Heights 1st Addition. (16) Winnetka Hills Addition, Registered Land Survey 100 and Registered Land Survey No. 255. (17) Southeast ~ of Northeast ~ of Section 7, Tl18, R21. (18) Northeast ~ of Southeast ~ of Sectio~ 7, Tl18, R21. (19) Southwest ~ of Southwest ~ of Northwest ~ of Section 8, Tl18, R21. --8-- (20) NOrthwest ~ of Northwest ~ of Southwest ~ of Section 8, Tl18, R21. (21) Northeast ~ of Southeast ~ of Southeast ~ of Section 7, Tl18, R21. (22) South ~ of Southwest ~ of Section 8, Tl18, R21. (23) South ~ of Northwest ~ of Section 8, Tl18, R21. (24) South ½ of Northeast ~ of Southwest ~ of Section 8, Tl18, R21. e. Street Improvement No. 59-18. Premises abutting the following described streets within the Village of New Hope: (1) Sunset Heights Addition: All streets within and adjacent to said addition. (2) Winnetka Hills Addition, Registered Land Surveys No. 100 and 255, and all streets within and abutting same, on both sides of street. Meadow Lake Terrace Addition: All streets within and adjacent to same. (~) Sultivan's Hillcrest Addition, all streets within and adjacent to same. (5) Begin Addition: All streets within and adjacent to aame. f. Street Improvement No. 59-28: Premises abutting Wisconsin Avenue North from the South edge of the Bass Lake Road (C.S.A.R. No. !0) to a point 700 feet South thereof. g. Delinquent Sanitary Sewer Service and Connection Charges: See proposed assessment roll on file in the office of the Village Clerk. h. Previously Omitted Assessments~ Sanitary Sewer Improvemen~ No. 59-19B: Lots 2, 3 and 4, Block 4, Meadow Lake Park 2nd Addition. --9- Dated the 13th day of September, 1960. Don Trucker, Village Clerk Published in the North Hennepin Post the 15th day of September, 1960. -10- KESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED LATERAL SANITARY SEWER I14PROVEMENT NO. 60-37. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota as follows: 1. It is hereby found and determined that Orr-Schelen, Inc., Comsulting Engineers for the Village have heretofore reported to this Council that a Lateral Sanitary Sewer Improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in conj~ction with any other improvement, and that the estimated cost of said improvement to the Village is $69,000.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 her~eof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Pos t, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED LATERAL SANITARY SEWER IMPROVEMENT NO. 60-37. Village of New Hope, Mim~esota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 27th day of September, 1960 at 8:00 o'clockp, m. at.the Village Hall, 4200. Nevada Avenue North in said Village forthe purpose of holding a public hearing on a proposed improvementas described hereinafter. 2. The general nature of the improvement is the construction of LateralSanitary Sewer including house services, manholes, and all other appu~tenantworks andservices reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: (1) South ~ of the Southwest ~ of Section 18, Township 118, R21, (2) The East 500 feet of the North 165 feet of the Northeast ~ of the Northwest k of Section 19, Tl18, R~.i. (3) The West 165 feet of the Southwest ~ of the Southeast ~, of Section 18, Tl18, R21. 3. The estimated cost of said improvement is $69,000.00. 4. The area proposed to be assessed for the making of said improve- ment shall include all the premises described inparagraph 2, above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respectto the making of said improvement. Dated the 13th day of September, 1960. Published in Don Trucker, Village Clerk the North HennepinPost the 15th andthe 22nd days of September, 1960. Each amd all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall he held. Attest: Clerk -3- RESO/JJTION ~ARD~G CONTRACT FOR THE C(YNSTRUCTION OF STREET IHPRO~NT NO. 60-35. BE IT RESOLVED by the Village Council of the Village of New Hope: 1. Bids for the construction of StreetImprovement No. 60-35 having been duly advertised as required by law and opened, pursuant to prior authorization of the Council by the Deputy Clerk and the Village Engineer at 4:00 p. m. on Friday, September 16th, 1960, tabulation of'said bids having been presented to the Council by the Village Engineer, and 2. The Village Engineer ha~Lng recommended thatArthur T. Veit, a/b/a Veit & Co. is the lowest responsible bidder in the base amount of $69,584.80, 3. The said Arthur T. Veit, d/b/a Veit& Co. is hereby found and deter- mined to be the lowest responsible bidder, and the Mayor and Clerk are in- structed to enter into a contract on behalf of the Village for the construction of said improvement, said contract to be subject to the submission and approval of a performance bond conditioned as required by law. Dated the 20th day of September, 1960. Attest: Clerk RESOLUTION AMENDING THE PETITION OF THE VILLAGE COUNCIL OF TBE VILLAGE OF NEW MOPE, MENNEPIN COUNTY, MINN. REQUESTING THE MINNESOTA RAILROAD AND WAREHOUSE COMMISSION TO INVESTI- GATE AND APPROVE BOONE AVENUE STREET CROSSING AND ORDER THE INSTALLATION DF FLASHING TYPE SIGNALS AT SAID CROSSING. BE IT RESOLVED, by the Village Council of the Village of New Hope as follows: 1. That the Petition of the Village Council of the Village of New Hope, Hennepin County, Minnesota, requesting the Minnesota Railroad and Warehouse Com- mission to investigate and approve Boone Avenue street crossing and order the installation of flashing type signals at said crossing be amended by striking from said Petition the Village's request for an order of the Railroad and Ware- house Commission ordering the installation by the Minneapolis, St. Paul and Sault Ste. Marie Railroad of a flashing type signal at the proposed Boone Avenue crossing. 2. That the Village Attorney be authorized to transmit this amendment to the petition of the Village to the Minnesota Railroad and Warehouse Commission. Clerk Mayor ~/ESOLUTION ORDERING CONSTKUCTION OF AND PREPARATION OF FINAL plaNS AND SPECIFICATIONS. SANITARY SENER II~O~NT 60-37 (NORTRWOOD TERRACE) BE IT RESOLVED by the Village Council of the Village of New Hope: 1. That a public hearing was held on the 27th day of September, 1960 in the Village Hall, 4200 Nevada Avenue North in said Village, after notice of said h~aring was duly published as required by law in the North Hennepin Post for the 15th and 22nd days of September, 1960, said hearing pertaining to the construction of proposed Sanita=y Sewer Improvement No. 60-37. 2. That this Council has considered the' views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the making of said sanitary sewer improvement, the construction of which is hereby ordered, said improvement to be known hereafter as Sanitary Sewer Improve- ment No. 60-37. 3. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of hearing as pub~shed. 4. Orr-Schelen, Inc., Consultimg Engineers for the Village are h~reby ordered to proceed with the preparation of final plans amd specificatioms forsaid improvement. Dated the 26th day of September, 1960. RESOLDTION PROVIDING FOR PIIBLIC HEARING ON PROPOSED STREET IHPRO~NT NO. 60-39 (49TH AVENUE NORTH~WEST OF BOONE) BE IT RESOLVF~ by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto Bonestroo &Associates, Inc., Engineers for the Village have heretofore reported to this Council that ~a StreetImprovement for the Village as hereinafter.described is feasible and may' best be made as proposed and not in conjunctionwith any other improve- ment, and that the estimated cost of said improvement to the Village is $32,140.00. 2. This Cour~:il shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a publichearingon the proposed construction of a public improvement .as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North HennepinPost, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall he in substantially the following form: NOTICE OF PUBLIC BEARING FOR PROPOSED STREET IMPROVEMENT NO. 60- 39. Village of New Hope~ Minnesota. 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 18th day of October, 1960 at 7:45 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of a street including sub-cutting, grading and gravelling, and all other appurte- nant works and services reasonablyrequired therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Proposed 49th Avenue North from Proposed Boone Avenue to County Road 18, being 30 feet on either side, north and south, of the south line of the North one-half of Section 7, Township 118, Range 21. 3. The estimated cost of said improvement is $32,140.00. 4. The area proposed to be assessed for the making of said improvement shall include all the premises described in paragraph 2, above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 4th day of October, 1960. Don Trucker, Village Clerk Published in the North Heunepin Post the 6th and the 13th days of October, 1960. Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms amd provisions in accordance with which said hearing shall be held. Dated the 27th day of September, At test: Clerk 1960. STATE OF MINNESOTA COUNTY OF HENNEPIN ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest~and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and fore~.im-g5ex~ct ~and any resolutions were transcribed; (2) I have carefully compared said extract and resolution with said original record; (3) I find said extract and attached resolution to be a true, correct-and complete transcript from the original minutes of a meeting of the village council of the said village held on the date indicated in said extract, including any resolu- tions adopted at such meeting, insofar as they relate to Proposed Street ImprovementNo. 60-39 (49th Avenue North West of Boone) of the Village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by 'law. ~SS my hand officially as such Village Clerk, and the seal of said Village, this ~? day of September, 1960. ,kal) Village Clerk -3- RESOLUTION A~PPROVING PLANS AND SPECIFICATIONS A~D AUTHORIZING AD~fERTISEMENT. FOR BIDS FOR SANITARY SEWER IMPROVEMENT NO. 60437. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. ~rsuant to previous authorization of this Council, Orr- Schelen, Inc., Consulting Engineers for the Village, have prepared plans and specifications forSanitary Sewer Improvement No. 60-37,'which plans and specificatioms have been presented to this Council, reviewed, and are hereby approved as presented and ordered placed on file in the office of the Village Clerk. 2. The Engineer and the Clerk are hereby authorized to advertise for bids for the construction of said project, pursuant to law and to said plans and specifications, said advertisement to be in substantially the form of"Advertisementfor Bids for Sanitary Sewer Improvement No. 60-37 for the Village of New Hope, Minnesota" as attached, and to be published in the North Hennepin Post, the official newspaper of the Village and in the Construction Bulletin. Dated the 4th day of October, 1960. Mayor Attest: (seal) ADVERTISEMENT FOR BIDS SANITARY SEWER IHP~ROVEMENT NO. 60-37 BIDS CLOSE OCTOBER 21, NEW HOPE, MINN. NOTICE IS HEREBY GIVEN, That sealed proposals will be received by the Village Council at the Village of New Hope, Hennepin County, Minnesota, at the New Hope Village Hall, 4200Nevada Avenue North, New Hope 27, Minnesota until 4:00 p. m. on the 21st daY of October, 1960, and will be publicly opened at said time and place by two or more designated officers or agents of the Village of New Hope, said proposals to be for the furnishing of all labor and materials for the construction ofsanitary sewers and appurtenances, complete in place, in the following approxinmte quantities: 6,000 lineal feet of sanitary sewer. Said bids will be considered by the Village Council of the Village of New Hope at its regular meeting at 5:30 o'clock, October 25, 1960, at the said New Hope Village Hall. Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal forms provided in accordance with contract documents, plans and specifications as prepared by Orr-Scheten, Inc., Consulting Engineers, 1104 Currie Avenue, Minneapolis 3, Minnesota, which are on file with the Village Clerk of New Hope and may be seen at the office of the Consulting Engineers. Copies of Proposal Forms, Plans and Specifications for use by Contractors submitting a bid may be obtained from the Consulting Engineers upon deposit of $25.00 per set. This deposit will be returned to Contractors who submit a bona fide bid and who return the plans and specifications in good condition within fifteen (15) days after the opening of bids. One half of the amount of the deposit will be refunded for each of all other sets of documents so returned. No bids will be considered unless sealed and filed with the Village Clerk of New Hope and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk of the Village of New Hope, for five (5%) per cent of the amount bid, (to be forfeited as liquidated damages in the event that the bid be accepted and the bidder shall fail to enter promptly into a written contract and furnish the required bond). The Village of New Hope reserves the right to reject any and all bids. Dated: October 4, 1960. By Order of the Village Council Don C. Trucker, Village Clerk Village of New Hope, Minnesota RESOLUTION APPROVING PIANS AND SPECIFICATIONS AKB ORDERING ADVERTISEMENTS FOR BIDS, STREET IMPROVEMENT NO. 60-39 (49TH AVENUE NORTH~WEST oP ]~oom'~:) BE IT RESOLVED By the Village Council of the Village of New Hope, Minnesota: 1. 0k~O Bonestroo &Associates, Inc., Engineers for the Village, have this day presented plans and specifications for the proposed con- struction of~tm~etImprovement,No. 60-39 of the Village (49thAvenue North;West of Boone Avenue), which plans and specifications have been examined and are hereby approved and ordered placed on file in the' office~ of the'Village Clerk. 2. The Village Clerk and the Engineers are directed to publish a notice to bidders in substantially the form of the attached "Advertisement for Bids" in the North Henmepin 'Post, the official newspaper of the village. Dated the 4th day of October, 1960. Attes t: - MaYor~.~ (Seal) ADVERTISEMENT FOR BIDS. Sealed bids ~ill be received by the Village Council of the Village of New Hope, Minnesota in the Village Hall until 4 p. m. C.S.T. on Tuesday the 18th day of October, 1960, at which time they will be publicly opened and read aloud for the furnishing of all labor and material and all else necessary for the following: IMPROVEMENT PROJECT 60-39 (49thAvenue North) Excavation and grading construction involving approximately: 14,750 cubic yards Class "A" excavation; 19,650 cubic yards borrow excavation; 7,000 cubic yards swamp excavation; Miscellaneous culverts and appurtenances. Plans and specifications, proposal forms and contract documents may be seen at the office of the Village Clerk, Village of New Hope, 4200 Nevada Avenue North, Minneapolis, Minnesota and at the office of Otto Bonestroo &Associates, Inc., COnsulting Engineers, 1550 West Larpenteur, St. Paul 13, Minnesota. No bids will be considered unless sealed and filed with the Clerk and accompanied by a bidder's bond, naming the Village of New Hope as obligee, certified check payable to the Village Clerk of the Village of New Hope or a cash deposit equal to at least 5%. of the amount of the bid which shall be forfeited to the Village in the event that the bidder fails to enter into a contract. The Village Council reserves the right to retain the deposit of the three lowest bidders for a period not to exceed thirty (30) days after the date and time set for the opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Otto Bonestroo & Associates, Inc. upon the payment of a deposit of $10.00, all of which will be refunded to bona fide bidders providing said plans and specifications are returned in good condition within 15 days after the date set for the opening of bids. A bona fide bidder is one who actually signs and submits a bid. No money will be refunded to any person who obtains plans and specifications and does not submit a bid to the owner. The Village Council reserves the right to reject any and all bids, to waive irregularities and informalities therein, and further reserves thm right to award the contract to the best interests of the Village. Don Trucker, Village Clerk Village of New Hope, Minnesota. RESOLUTION ADOPTING AND OO~F~ ASSESS~ FOR .~ ~_ Strcmt_ .... ... ~. ~ .~--~.. XMP~ S ~ ~T EES~LV. D by the Vil~ge ~ouncil of the Village of Ne~ Nope, Minnesota, aa follows: 1, Tha~ the amount proper aud necessary to be apecial~ assessed at th~s time for_ Stree~t _ Improvement No~. ~u~ and 59-28 against every assessable l~t~ piece or parcel of l~ud af£ect~d thereby has been duly calculatod ~po~ the basis of benefits: ~lthout regard- to caah valuati~u~ in aocordauce ~_th th~ provisions o£ ~m~esot~ Statutes, Cha~ ~9~ ~d notice h~s '~en ~ly published as re~ired by ~ that ~s ~ ~d meet to he~ consider a:~'f, poJ~s upon ~ objections, ~ ~ ~ a~d ~~ a~es~ent ~s at ali tiraes mince its fi~ t~g b~ o~ f~ ~ ~s~ctton~ ~d op4~t~ty has b~n g~n to ~ ~t~sted ~o~ te ~s~ the~ ob3ections~m if ~ to such Pro~s~ assessor. 2. ~ Co~cil~ ha~ heard ~d co~ide~d ~ ~Jecti~s ~ ~ented~ ~ud be~ f~ advised ~ t~m~P~ises~ f~ds ~at e~h ~f ~e lets. ~cels ~d pieces of l~d en~erated ~ t~ ~o~sed ~se~ ~ ~d ~ s~ci~ ~nefited by the co~st~cti~n of s~d ~~e~ ~ net less ~ the ~emut ef the assesses s~ ep~si~ em~ lot, piece ~ parcel of 1~ resection, ~d ~ ~e~ ~ ~t ~ is h~e~ l~ed ~gaiuot each of the ~s~ctive let~, pie~ ~d ~e~ ~f ~d ~~ described. 3-. Thc proposed assessments a~-e hereb~ adopted and cc~fi~med as the proper special assessments for each of the said lots, pieces and parcels of l~nd, rempectively, and the assessment ag~t each parcel, togethe~ with interest ~f 6% per ~un~m accruing on the ~.,! ~1 sm~uut thereof from ti~e to time ~paid, shall be a lien co~curr~nt ~_th ~ge~e_~_ral taxes upon such parcel and all thereof. The total ~m. ou~ of each such assessment shall be pa~able in eq~! ~unual priucipal insta.~ments extm~ding over a period of ~ years, the first of said ~taLlments, together; ~ith interest frma the entire aesessment from the d~te he,eof to December 31. 1~6_~__, to be l~le with general tam~s for the year l? 60_ , collectable in 1961 . and one of each of the remaining in~ta_l]ment~, together ~th one year~s interest on that and all other ~ al.~. instants, to be p~yable wiSJa .general tax~s for e~ch ~onseeutive yea::~ thereafter'~til the entire assessmen~ i~ paid. &. Prior to certification of the assessments to the Oou~t~' Auditor, ~ of ~ lot~ piece or ~cel of ~d assessed he.by ~ at ~ t~ the ~ole of ~ch ~s~$, ~th ~e~st ~ the ~te of ~t~ to ~e V~ ~s~r, but no ~te~st s~ ~ e~d ~ such ~t iS ~e ~t~ t~y ~ ~er ~e ~te of ~s Res~nt~ ~. The Village Clerk ahall, as ~soon as ma~ ~e, ~ a~d trammit t~ the ~oun~y Auditor a ~e~ifte~ duplicate ~f the As~esamm$ each i~stalAment aud interea% o~ each unpaAd ascendant ~t forth separately, to be extended ~ the ??er tax list of the $ematF, and the County Auditor ~ %hereafte~ ~l!~ct ~ assemsments in the (SEAL) ~ESOLUTION ADOPTING A~D CONFIRMING ASSESSMENTS FOR fas w IJ4P~OVEFj~ NO. I~ 1T ~tESOLVED by the Village Council of the Village of New Hope, Minnesota, a~ follows: 1. That the amount proper end necessary to be spectal~ assessed at fY, ts time for Storm Sewer --Improvement No. 60-26.____~D agar-st every assessable lot[ piece or' '~s~cel of land affected thereby has been duly calculated upon the basis of benefits, ~[thout regard to cash valuation, in accordance with the provtsione of Minnesota Statutes, Chapter ~29~ and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its ft.l~,g been open for public inspection, amd opportunity has been given to all imterested persons to present their obJections~ if any~ to such proposed assessment. 2. ~is Couucil, having heard and ceasidered all objections so presented, a~d being fu3_ly advised in the pre:~aises, finds that each of the lots, parcels an~ pie.: .;-~ of land enumerated in the proposed assessment was and is specially beneff ~,~d by the const~ction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount ~o set out is hereby levied against each of the respective lots, pieces ~ud parcels of land therein described. 3. The proposed assessments a_we hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces amd parcels ~f land, respectively, and the assessment against each parcel, together with interest of 6% per a~m acc~ on the i5,31 amount thereof from time t~ time unpaid, shall be a lien ~oncurrent with general taxes upon such parcel and all thereof. The total ~moumt of each such assessmeat shall be ~oable in equal annual primcipal installments extending over a period of years, the first of said insta!lment~ together ~ith interest from th~ entire assessment from the date hereof to December 31, ~1~6! , to be payable with general t~mes for the year 19 60 , collectable in !$?-6~'-' , and one of each of the remaining installs?eats, together with one year~s interest on that and all other unpaid inst~l~ments, to be payable with .general taxes for each consecutive year thereafter until the entire assessment is paid. &. Prior to certification of the aseesmaeats to the Oounty Auditor, the ~%er of any lot~ piece or parcel of land assessed hereby may at a~y time pay the Whole of such s~sessmen$, with iaterest to the date of pa~memt, to the Village Treasurer, but no imterest sha]3_ be charged if such payment is made within thirty days after the date of ~is Resolution. ~. The Village Clerk shall, aS soo~ as m~y be, prepare and transmit ~o the County ~.udi%or a certified duplicate of the Assesamen~ Roll, with each insta~-~:~n~ amd interest on each unpaid assessment set forth separately, to bo ~tended upon the proDer tax list of the County, and the County Auditor shall thereafter collect said assessments in the · ~ner provided by law. Dated the____2~__d~y of pctober ..___.._, 1960. RES(~LUT~'?~ ADO~ AND CONFI~J~ING A~tE~SMENTS FOE _ .. S~nitar~ Sew_~Eer IMP~0VEMENT S BE IT RESOLVED by the Village Council. of the Village of New Hope, ~nnesota, as fo].lo~s: 1. That the amount proper ~ud necessary to be specially as~ssed at this time for ~~ Improvement No~ 60~2 and 59-30 ag~n-t every assessable lot~ piece or parcel of land ~f£ected thereby has Been duly calculated upon the basis of benefit~, without regard to cash valuation, in accordauce with the provisi0~s of ~i~uesota Statutes, Chapter 429, and notice has be~n duly pub]~s!:ed as required by law, that this Council would meet to hear:, consider aud pass upon ali objections, if any, ~ud said proposed asmessmel~t has at all times since its filiug been open for public inspection, and opportunity has been given to all interested persons to present their obJections~ if any~ to such proposed assessment. 2. ~is Council, having heard amd co~sidered all objections so presented~ and being fully advised in the Premises, finds that each of the lots~ parcels and pieces of l~nd em~erated in the proposed assessment and is specially benefited by the ¢onst~mcti~u of said Improvement in not less than the ~mount o£ the assessments set opposite each lot, piece and parcel of l~ud respectively, and such ~x~ount so set out is hereby levied against each of idle respective lots, pieces and parcels of laud therein described. 3. ~ne proposed assessments are hereby adopted and confi~ed as the proper epeciai assessments for each of ~he s~d lots, pieces ~d ~ce~ ~f l~d. ~es~ctive~, ~d the ~ses~ent ag~st e~h ~el, to.thor ~th ~terest ef 6% ~r ~ acc~ .n the ~! ~t the~ef f~ t~ ~ t~e ~d, sh~ be a ~ tenet ~th g~r~ t~s u~ s~h ~cel ~d ~1 the~of. ~e total ~o-~t of each such ~ses~t s~ ~ ~le ~ e~ ~ ~c!.~ a,~ ~st~nts e~en~g over a ~ of ,,, 20 ~s~ the f~st of s~ ~ ~nst~nts~ together ~th ~te~st ~ the ~tire ~ses~ent fr~ the ~te he~f to ~c~r 31, 19~, to ~ p~le ~th ~n~ t~es f~ the ye~ 19~, co~ectable ~ 19~, ~d ~e of each of the ~g ~~ent~, tegeth~ ~th o~ ye~s ~terest on ~at ~d ~ other ~p~d ~stal]ments. to ~ payable ~th ~ner~ t~s for each ce~ecutive ye~ the~ter ~til the ~t~ ~ses~t is ~. ~. Prior to certification of the as~esmne~ts to the County Auditor, the o~mer of any lot~ piece or parcel of l~d assessed hereby may at az~ time PaY the whole of such assessment, mith interest to the date of payment, to the Village Treas~rer~ but no interest shall be charged if such payment is made within thirty d~vs after the date of this Resolution. 5. The Village Clerk shall, as soon as m~y be, prepare and tra~s~dt to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessments in the ~anner provided by law. Dated %he_____~j~___d~ of_._. October .... , 1960. Village Clerk (SEAL) RESOLUTION ADOPTING AND CONFIRMING AS~SMEN~B FOR S~it ar.v S~ew~er IMP~ NO,, BE IT RESOLVED by the Vi~ Council of the Village of New Hope, ~z[nnesota, as follows: 1. That the amount proper and necessary to be apectm.1..~y' assessed at this time for _ Sauitar~ Sew~er ........ Improvement No. 9-~ against every asseSSable lot~ piece or parcel of l~ af£ected thereby has been duly calculated u~n the basis of bene£its, without regard to cash valuation, in accorda'~.:o with the provisions of Minnesota Statutes, Chapter ~29, and notice has bo::: duly published as required by law, that this Council would meet to hear, co~ider ~ad pass upon all objections, if any, and said proposed assessment has mt ~ times since its ftl~g been open for public inspection, and opportunity has been given to all interested persons to present their obJections~ if ~z~ to such proposed assessment. 2. ~nis Council, having he~rd and considered all objections so presented, and being fully ~dvised in the premises~ fiuds that each of the lots, parcels and pieces of !~d ez~umerated in the proposed assessment was and is specially benefited by tho const~ction o? said Improvement in not less than the amount of the a~sessments set oppo~ite e~ch lot, piece and parcel of ~d respectively, a~d such amouut so set out is hereby levied against emch of th~ respective lots, pieces end parcels of land therein described. 3. The pro~sed assessments ~re hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respecti~ely, and the assessment against each parcel, together with interest of 6% per aun~m accruing on the ~,~1 amouut thereof from time to time r~paid~ sh~l! be a lien concurrent with general tax~s upon such parcel ~d ~11 thereof. The total amount of each such assessment shall be payable in eq~i armual principal installments extending over a period of 30 years, the first of said installments~ together~ith interest free the entire assessment from the date hereof to December 31, 1961 , to be payable with general taxes for the year 19 60 ~ collectable in 19 61 , a~d one of each of the rem~g i~t ~allmeut~, t~gether with one y~ares interest on that and sJ_l other ~npaid installments, to be payable with general taxes for each consecutive ye~w thereafter until the entire assessment is paid° &o Prior to certification of the assessments to the Oounty Auditor, the owner of a~y lot, piece or parcel of l~ud assessed hereby m~v at an~ time p~y the whole of such as~es~$, with inter-est to the date of pa~ment~ to the Village Treasurer, but no interest shall be c~mrged if such payment is made within thirty days after the date of this Resolution. 5. The Village Clerk shall, as Goon as m~v he, prepare and transmit to the County Auditor a certified duplicate of the Assessment R~ll, with each installment ~d fi~terest on each: umpaid assessment set forth seDarately, to be extended upon the proper tax list of the County, a~d the County Auditor shall thereafter collect said assessments in the manner provided by law. ~SOLUTION ADOPTING AND CO~IP~ING PREVIOUSLY OMITTED ASSESS}~i~TS FOR SA~TARY SEltZER NO. 59-i9B BE IT ~RESOLVED by the Village Council of the Village of New Hope, M~nnesota, as follows: i. That the additional amount proper ~ad necessary to be specially assessed at this t~me for Sanitary Sewer Improvement No. 59-!9B against every assessable lot, piece or parcel of land affected thereby not previously assessed has been duly calculated upon the basis of benefits, ~_thout regard to cash valuation, in accordance with the provisions of M~esota Statutes, Chapter ~29, ~ud notice has been duly published as required by law, that this Council would meet to hear, consider and pass u~on all objections, if any, ~nd said proposed assessment has at al! t~mes s~nce its filing been open for public inspection, and opport~nity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, ha~ng heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of l~nd enumerated in the proposed additions~ assessment ~o!i was and is specially benefitted by the construction of said Improvement in not less th~ the amount of the assesaments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective iots~ pieces and psa~ceis of l~nd therein described and identified as previously omitted assessments for Sanitary Sewer 59-19B. ~ 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of i~nd, respectively, ~ad the assessment against each parcel, together ~th ~terest of 6% per san~um accruing on the full ~o~nt thereof from time to time ~npaid, shall be a lien concurrent ~_th general t~es upon such parcel and all thereof. The total amo~nt of each such~assessment shall be payable in equal annual principal installments extending over a period of 20 years, the first of said installments, together with interest from the entire assessment from the date hereof to December 3!, 1961, to be payable with general taxes for the year 1960, collectable in 1961, and one of each of the remaining installments, together with one year~s interest on that and all other unpaid installments, to be payable with general t~es for each consecutive year thereafter ~ti! the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at pay the whole of such assessment, with interest to the date of payment, to the Village Treaso~er, but no interest shall be charged if such pa~nnent is made within thirty days after the date of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, ~th each installment amid interest on each ~naaid assessment set forth separately, to be extended upon the proper ta~ list of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. _ i ' Dated the ~th day of Octobe-~ 9o0. Mayor (s~) RESOLUTION ADOPTING AND ASSESS~J~NTS OF DELINQUENT SAi~T~Y SE~mR SERVICE A3.~D COI{3~CTION C~GES BE IT RESOLVED by the Village Council of the Village of New Hope, ~nnesota, as follows: The proposed roll for the assessment of delinquent Sanitary Sewer service and com~ection charges as presented by the Clerk is hereby adopted as the special assessment roll~ and the Clerk is instructed to certify said roll to the County Auditor for collection with -taxes due in 1960 and payable in 1961. Dated the 4th day of October~ 1960. ~[ayor Village Clerk RESOLUTION DIRECTING CERTIFICATION OF AMOUNT IN 1958 IMPROVEMENT BOND SINKING FUND TO COUNTY AUDITOR FOR PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1960. WHEREAS, by resolution adopted by this Council on the 10th day of February, 1958, as amended on February 28th, 1958 by adoption of a resolution entitled "Resolution Amending Resolution of February 10th, 1958, Relating to the Sanitary Sewer Improvement No. 7 and Storm Sewer Improvement No. 10 Funds, the Authorization of $854,000 Improvement Bonds of 1958 and the Appropriation of Special Assessments and Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the village, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $82,648.12 specified for the year 1960 and collected in the ensuing year 1961, and WHEREAS, said resolution specified as follows, in part: "On or about October 1st of each year, the village treasurer shall determine the amount of each and the value of lawful investments held in the 1958 Improvement Bond Sinking Fund, and the total thereof shall he deemed to be the excess amount in the Sinking Fund. The Clerk shall thereupon certify the fact and amount of such excess to the County Auditor, and the County Auditor shall, and hereby is authorized to reduce the amount of the tax levy for such year by the excess amount on hand in said fund as so certified to him", and WHEREAS, the 1958 Improvement Bond Sinking Fund contains in excess of the sum of $82,648.12, NOW, THEREFORE, BE IT RESOLVED by the Village of New Hope, Minnesota as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the 1958 Improvement Bond Sinking Fund is hereby found and declared to be a sum in excess of $82,648.12. 3. The Clerk shall certify the amount of said excess in the 1958 Improve- ment Bond Sinking Fund, up to $82,648.12 forthwith, and request the County Auditor to reduce the amount of ad valorem tax levy pursuant to said resolution of February 10th, 1958. Dated the 4th day of October, 1960. Attest: _. ~~~~/~ STATE OF MINNESOTA COUNTY OF HENNEPIN ss CERTIFICATE The undersigned, Betty Pouliot, being the duly authorized, qualified and acting Deputy Clerk of the Village of New Hope doe's-~heb~by certify that not less than $82,648.12 is held in the 1958 Improvement Bond Sinking .Fund, either in cash or in the value of lawful investments as of the date hereof, that the said amount of $82,648.12 is the excess amount in said Sinking Fund pursuant to the terms of r~solution of February 10th, 1958 entitled "Resolution Creating Sanitary Sewer Improvement No. 7 and Storm Sewer Improvement No. 10 Funds, Authorizing and Establishing the Forms and Details of $854,000 Improve- ment Bonds of 1958 and Appropriating Special Assessments and Taxes for the Payment Thereof", and hereby requests the County Auditor to reduce the direct, annual ad valorem tax for the year 1959 to be spread upon the tax rolls in' the following year in the amount of $30,000 pursuant to said resolution. Subscribed and sworn to before me this ~ day of October, 1960. W. J. Corrick, Notary Public Hennepin'County, Minnesota My commission expires Sept. 24, 1961. -2- RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR CONSTRUCTION~ OF STREET IMPROVEMENT NO. 60-39 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. This Council held a public hearing at 7:45 o'clock p. m. on the 18th day of October, 1960, as to the construction of proposed Street Improvement No. 60-39, pursuant to due notice published in the North Hennepin Post, the official newspaper of the village, on the 6th and 13 day of October, 1960 and having considered the views of all the persons interested, this Council determines to proceed with the making of Street:Improvement No. 60-39. 2. The plans and specifications for said Street Improvement No. 60-39 have been heretofore approved. 3. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the said notice of public hearing mentioned aforesaid. 4. This Council hereby finds and determines that the lowest:re- sponsible bidder for the construction of Street Improvement No. 60-39, bids for said construction having been duly advertised on the 6th day of October, 1960, in the North Hennepin Post, the official newspaper of the village, is Bill Wear Excavating, in the amount of $12,327 and the said bid being in all respects according to law, with the published advertisement for bids, and with the plans and specifications now on file in the office of the Village Clerk, and the Engineer of the village, Qtto Bonestroo & Associates, Inc., having recommended that said bid be accepted, now said bid is hereby accepted. 5. The Mayor and the Village Clerk (or deputy village Clerk) are hereby authorized and directed to make and execute a contract on behalf of the village in accordance with the terms of said bid, and to validate said contract, the bidder hereto shall be required to furnish a contractor's bond in the base amount of his bid, conditioned as required by law. Attest: Dated this- 18th day of October, 1960. Clerk (Seal) Extract of Minutes of Meeting of Village Council Village of New Hope Hemuepin County~ Minnesota October 18, 1960 Pursuant to due call and notice thereof, an adjourned regular meeting of the Village Council of the Village of New Hope, Minnesota, was held at _ The ¥illage Mall in said Village, on October 18~ 1960, at 7:30 o'clock p,~ oM. The following members were present: Honsey, Trucker, Marshall, Ohman and Collier; and the following were absent: none. Member ../~,~/~ ~//.,~.~ %. ~ . introduced the following resolution and moved its adoption: B~SOLU~IONDETEi~INIEG THE EECESSITYOFTHE ISSUAECEOFFIRE STATION BONDSAND,WATERBONDS ANDSUBMITTINGTHE,PROPOSITIONS OF TEE,ISSUANCE THE~OFT0,THE VOTERS.AT T~~ELECTION BE ITRESoLvEDbY theViiiage CounCii0fth~ Village of New Hope, Minnesota, asfollows: 1. It is hereby found and determined necessary and expedient to finance necessary additions to and extensions of the waterworks utility of the Village by the issuance of general obligation~i~bonds to be p~yable wholly or in part from special assessments to be levied on property benefited by said improvement. 2. It is further found<~ and determined to be necessary and expedient for theVillage to borrow money and issue its general obligation bonds in an amount not to exceed $75,000 for the purpose of financing ~h~Sg~=cbas~ of a fire '~u~k~,C~u~up.~ ~cp~b~ic~b~g for housing fire trucks and providing ~i~eii~s-vil~age offices? ~. The propositions of issuing such bonds as described above shall be submitted to the voters at the ~p~iml election to be held on Tuesday, November 8, 1960. The polling place, polling hours and election officials for said bond election shall be as heretofore described for such ~ac~al election to be held on said date. -1- 4. The Village Clerk is hereby authorized and directed to cause notice of the election on said bond propositions to be posted at the polling place and at least three other public and conspicuous places in the Village~ at least ten days before the date of said election and to cause said notice to be published in the official newspaper of the Village once each week for two consecutive weeks preceding said election° 5- The Village Clerk is also authorized and directed to prepare and have printed at the expense of the Village the necessary tally books~ returns and ballots for said bond election. The ballots shall be printed with black ink on light green colored paper and a sample ballot shall be posted at the polling place and in the office of the Clerk at least four days before the date of said election. .S~id ballot shall be in substantially the following form: OFFICIAL BOA~ BALLOT S~PEC~IAL EI~CTION V~!JAGE OF NEW HOPE, MINNESOTA 8, 19 o VOTE ON EACH OF THE PROPOSITIONS STATED BELOW: YES NO QUESTION NO. 1 Shall the Village of New Hope be authorized to sell general obligation bonds, in addison to those heretofore issued, payabl& wholly or in part from special assessments~ for the financing of additions to and extensions of its waterworks utility? YES NO QUESTION NO. 2 Shall the Village of New Hope borrow money and issue its general obligation bonds in an amount not to exceed $75,00Ofor the purpose of ~i~ac~u~l~?~u~/d~6~ for housing fire trucks and providing miscellaneous village offices? INSTRUCTIONS TO VOTERS: If you wish to vote in favor of eitherof the~above Pr0Position% mark a cross (x) in the square opposite the word YES, appearing to the left of such proposition. If you wish to vote against et~her of said propositions, mark a cross (x) in the square opposite the word NO~ appearing to the left of such proposition. On the back of each ballot there shall be printed the words "OFFICIAL BOND BALLOT", the date of the election, the facsimile signature of the VillagelC!erk, and !ines~ for the initials of two judges. -2- 6. This Council shall meet within two days following the date of said election, to-wit: on November ~rh , 1960, at ~5:30 o'clock P..Mo, at The Vi~.~age Hall. in said Village, for the purpose of can- vassing the results of said election, and declaring the result thereof, and for the purpose of transacting sUch other bUSiness as may properly come before the meeting. Attest: ..~ ........... ./ ~ Village Clerk yor The motion for 'the adoption of the foregoing resolution was duly seconded by Member __[/_ ~'~./~.' "/~1{,~'' ~, and upon vote being taken thereon, the following voted in favor thereof: Collier Honsey, Trucker, Marshall, Ohman and and the following voted against the same: noue. whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Village Clerk. STATE OF MI}E~IES(~m ) OF mmm N ) I~ the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; ($) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of Said Village held on the date indicated in said extract, includ- ing. any resolutions adopted at such meeting, insofar as they re- late to the issuance of bonds of the Village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand and the seal of said Village this ~y of Ootober , 196o. / ( Stol ) -3- RESOLUTION DESIGNATING :POLLING PLACE AND APPOINTING JUDGES FOR GENERAL ELECTION AND VILLAGE SPECIAL ELECTION. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota as follows: 1. That the following prOpositions shall be submitted to the qualified electors at a special village election: (a) Shall the Village of New Hope be authorized to sell general obligation bonds, in addition to those heretofore issued, payable wholly or in part from special assessments, for the financing of additions to and extensions of its waterworks utility? (b) Shall the Village of New Hope borrow money and issue its general obligation bonds in an amount not to exceed $75,000 for the purpose of financing~I~r~ of a fire ~u~k~n~t~rh~onfo~ ~ip~bl~c~ilding for housing fire trucks and providing miscellaneous village offices 2. The question of approval or disapproval of said questions shall be submitted a~ ,~he said special election to be held on the 8th day of November, 1960, between the hours of 7 o'clock a. m. and 8 o'clock p. m. at the established polling place for village elections, . to wit: St. Jacob's Hall. 3. The following are hereby appointed to serve as judges for the general election and the village special election: Verna Jones, CHAIRMAN Glennys Parks Agnes Mork Sophie Sorensen Mrs. Florence Knutson and the following additional judges to serve as ballot judges: Attest: Marian Sathre Mrs. Clayton Donnelly Dorothy Honsey Mrs. Ann Hagel Mrs.~het~imdsp~ger Clerk (Seal) Extract of Minutes of Meeting of Village Coumc il Village of New Hope Hennepin County, Minnesota Held October 18, 1960 An adjourned regular meeting of the Village Council of the Village of New Hope, MinmSota, was held at the Village Hall in said Village on October 18, 1960, at 7:30 o'clock P. M. The following members were present: and Obman and the following were absent: None Honsey, Trucker, Marshall, Collier Member/~Mzc~.z~'c/-introduced the following resolution and moved its adopt ion: RESOLUTION AME~ING RESOLUTION CONCERNING ~HE, ANNEXATION OF CERTALN PREMISES WHEREAS, the Village Council on the 7th day of June, 1960, passed a reso~tion entitled "Resolution Concerning the Annexation of Certain premises", and WHEREAS, said resolution inadvertently omitted the premises described as follows: The North 195 feet of the West 130 feet of Lot 32, Auditor's Subdivision No. 324, Hennepin County, Minnesota. NOW, THEREFORE,.BE iT RESOLVED by the Village Council of the Village of New Hope, that said resolution be amended to read as follows: WHEREAS, all the owners of premises situated in the State of Minnesota, County of Hennepin, described as follows: The West 130 feet of the South 305.1 feet of Lot 32 and the East 163.6 feet of Lot 32, Auditor's Subdivision No. 324. The North 195 feet of the West 130 feet of Lot 32, Auditor's Subdivision No. 324, Hennepin County, Minnesota have petitioned the Village of Crystal for detachment of said premises from said municipality and have petitioned the Village of New Hope for annexation con- currently of said premises, and -2- WHEREAS, all the owners of said affected premises have consented in writing to the detachment and annexation as mentioned aforesaid, and WHE~, the Village Council of the Village of Crystal has by resolution agreed to such detachment and concurrent annexatiom, and WHEREA~, this Council finds that annexation of the premises described above to the Village of New Hope will be in the best interest of all concerned, NOW, TH~R~FOP, E, BE IT RESOLVED by the Village Council of the Village of New Hope, that in accordance with Section 6, of Chapter 686, I~ws 1959, that it hereby agrees and consents to the annexation of the above-described premises to the Village of New Hope concurrently with the detachment of said premises from the Village of Crystal. BE. IT FURTHER RESOLVED that upon passage of this resolution, it be trans- mitted to the Minnesota Municipal Commission. Passed by the Village Council and approved by the Mayor this 7th day of June, 1960. Attest: , /s/Don Trucker Clerk /,s/ M. C. Honsey Mayor (Seal) BE IT FURTHER RESOLVED, that upon passage of this resolution amending the resolution of June 7, 1960, that it be transmitted to the MinnesotaMunicipal Commission, State Capitol Building, St. Paul, Minnesota. Passed ~hv the Village Council and approved by the Mayor this / ~ day of ~ C-~-' , 1960 ' ~ 'C1erk - ~ayor - ' ~- (Seal) STATE OF MINI~SOTA COUNTY OF HEN!~EPIN I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Minnesota, hereby attest and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed~ (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the Village Council of said Village held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to annexation of premises t~ the village; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. WI~ESS, my hand officially as such Village Clerk, and the seal of said Village, this /f day of, ~c? , 1960 ~ /~ (Seal) ORDINANCE NO. 60-21 CHAPTER NO. 2lB AN ORDINANCE AMENDING CHAPTER 21, ORDINANCE NO. 57-17, ENTITLED AN ORDINANCE ESTABLISHING -:.~.]JLES, RATES, AND CHARGES FOR SANITARY SEWER SERVICE IN THE VILLAGE OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA. The Village CounCil of the Village of New Hope ordains: Section 1. Amendment. Section 2a. Ordinance No. 57-17, Chapter 21, entitled "An Ordinance Establishing Rules, Rates and Charges for Sanitary Sewer Service in the Village of New Hope, Hennepin County, Minnesota," as passed on the 24th day of October, 1957, and subsequently amended, is further amended to read as follows: Minimum Charges. The minimum quarterly charge, whether Use of water is metered or not, shall be as follows: For each business, plant, insti- tution or similar unit ...... $ 6.00 For each grade school ....... 6.25 For each junior high school or high school .......... 15.00 FOr each residence, resident ~nit or other unit ....... 6.00 Section 2. Effective._Datg. This ordinance shall take effect and be in force f$om and after its passage and publicationi passed by the Village Council this__ day of , 1960. Attest__ ..... RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SANITAt~f SEWER IMPROVEMENT NO. 60-37 (NORTHWOOD TERRACE). BE IT RESOLVED by the Village Council of the Village of New Hope: 1. Bids for the construction of Sanitary Sewer Improvement No. 60-37 having been duly authorized as required by law and opened, pursuant to prior authorization of the Council by two officers or agents of the Village, on October 21, 1960, tabulation of said bids having been presented to the Council by the Village Engineer on October 25, 1960, a copy of the same being attached hereto and incorporated herein by reference, and, 2. Orr-Schelen, Inc., consulting engineers for the Village,having recommended that Barbarossa & Sons, Inc. is the lowest responsible bidder in the base amount of $43,999.00, and 3. The said Barbarossa & Sons, Inc. is hereby found and determined to be~the lowest responsible bidder, and the Mayor and Clerk are instructed to enter into a contract on behalf of the Village for the construction of said improvement, said contract to be subject to the submission and approval of a performance bond condition as required by law. 4. The Village Attorney is instruc~d to negotiate the sale of the bonds of the Village to pay for the cost of said improvement~and to undertake such proceedings as shall be necessary to acquire the right of way necessary for said construction. Dated the 1st day of November, 1960. Mayor RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING JUDGES FOR VILLAGE ELECTION OF DECEMBER 6, 1960. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. The regular Village Election shall be held on the 6th day of December, 1960, for the election of village elective officers. The polling place for such Village Election shall be St. Jacobs' Hall. The polling place shall be open between the hours of 7:00 o'clock A. M. and 8~00 o'clock P. M. 2. The following are hereby appointed to serve as judges for the regular Village Election on December 6, 1960; Vern~a Jones, Chairman Glennys Parks Agnes Mork Sophie Sorensen MargaretWindsperger And the following additional judges to serve as ballot judges: ~Marian sa~hr-e~ Mrs. Clayton Donnelly Dorothy Honsey Mrs. Ann Hagel Mona Torrel. Attest Clerk Mayor (SEA~) Extract of Minutes of Meeting of Village Council, Village of New Hope, Hennepin County, Minnesota Held November 9th, 1960. Pursuant to due call and notice thereof, an adjourned regular meeting of the Council of the Village of New Hope, Minnesota, was duly held at the Village Hall, 4200 Nevada Avenue North in said Village on November 9th, 1960, at 5:30 o'clock p. m. The following members were present: Marshall, Ohman and Trucker and the following members were absent: Honseyand Collier. /pro tem The Mayor announced that the next order of business was the consideration of the returns of the special election held November 8th, 1960. The Clerk presented affidavits showing publication of the Notice of Election and the returns of the judges for said election which affidavits and returns were examined and it was found that the totals did not tally correctly. After telephone conference with the judges it was determined that the "Blank or Spoiled" ballots had been incorrectly tallied and these figures were adjusted to conform to the actual count of blank or spoiled ballots and the reports were ordered placed on file. After due consideration of the returns as to the vote on the two bond questions submitted, Member Trucker introduced the following resolution and moved its adoption: RESOLUTION DETERMINING RESULTS OF THE BOND ELECTION OF NOVEMBER 8TH, 1960. BE IT RESOL~4ED by the Village Council of the Village of New Hope, Minnesota, that it is hereby found and determined that a vote has been duly taken at a special election held in and for said Village on November 8th, 1960 on the two bond questions submitted thereat, and the results thereof canvassed in all respects, according to law, and that at said election the votes cast on the two questions were as follows: qUESTION: SHALL THE VILIAGE OF NEW HOPE BE AUTHORIZED TO SELL GENERALOBLIGATION BONDS, IN ADDI- TION TO THOSE HERETOFORE ISSUED, PAYABLE WHOLLYOR IN PART FROM SPECIAL ASSESSMENTS, ~OR THE FINANCING OF ADDITIONS TO AND EX- TENSIONS OF ITS WATER WORKS UTILITY? VOTES (YES) 605 VOTES (NO) 757 BLANK OR SPOILED BALLOTS 51 1413 TOTAL BALLOTS QUESTION: SHA/~ THE VILIAGE OF NEW HOPE BORROW MONEY AND ISS~ ITS GENERAL OBLIGATION BONDS IN AN AMOUNT N0T TO EXCEED $75,000.00 FOR THE PURPOSE OF FINANCING THE PURCHASE OF A FIRE ~[UCK AND CONSTRUCTION OF A PUBLIC BUILD~G FOR HOUSING FIRE TRUCKS AND PROVIDING MISCELIA~EOUS BUILDING OFFICES? VOTES (YES) , ~' voTEs (No) BLANK OR SPOILED BALLOTS TOTAL BALLOTS That the question first above stated did not-carry by the requisite majority, and that the latter question did carry by the requisite majority vote. Attes t: clerk (Seal) The motiomfor the adoption of the foregoing Resolution was duly seconded byMember Ohman and upon a vote being taken thereon, the following voted in favor thereof: Marshall, Ohman and Trucker and the following voted against the same~ none whereupon said resolution was declared duly.passed and adopted and was signed by the mayor~P~i~mwas attested by the village clerk. STATE OF MINNESOTA COUNTY OF HEN~PIN ss I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Hennepin County, Minnesota, hereby attest and certify that: (1) As such officer I have the legal custody of the original record fromwhich the attached and foregoing Extract and Resolution were transcribed; (2) I have carefully examined said Extract and Resolution with said original records; -2- (4) I find that said Extract ~and Resolution to be a true, correct and a complete transcript from the original minutes of the meeting of the Village Council of said Village held on the date indicated in said Extract, including any resolutions adopted at such meeting, insofar as they relate to canvass of election re- turns on bond questions presented to the voters of the Village; and Said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand~0fficially as such Village Clerk and the Village seal of said Village this ~ day of NOVember, 1960. Village Clerk (Seal) -3- lnatruct~ona For Preparation o£ ~equeat ~'o~ Review and Approval of Plannin~ Document~ and Request For Payment Upon completion of the plannlng work described in the agreement, the plans and other documents are to be submitted to the H~A Regional Office on or before the date specified for such submission in the agreement between the applicant and the Federal Government. With the planning documents the applicant is requested to submit an ori~ina! and two copies of this Form as formal notification of completion of planning work under the agreement and as its formal request for payment of the amount due under the agreement. Please note that Item 4 of this Form requires attachment of a copy of the architectural contract or of a statement of costs incurred by the aPPlicant's own forces or both. If the requested payment includes any costs incurred by the applicant's own forces, an audit of the applicant's pertinent records by the ~BFA Audit Branch will precede pay- ~nen prepared and certified, Form CFA-430 serves as evidence of plan completion, and of plan approval by the applicant's governing body: in addition, it furnishes in- formation regarding the applicant's anticipated subsequent actions with respect to such matters as preparing detailed plans, arranging financing, and starting construction. The dates shown for such actions in Items 5, 8 and 11 should be as firm as possible: if the questions on the form do not permit an adequate reflection of the applicant's schedule of continued project action, a separate statement should be attached. Payment of the advance depends in part on prior formal approval of the planning documents by the governing body of the applicant. A suggested form of resolution of ap- proval is shown on Page 3, together with a suggested form of certificate of the recording officer. If these forms are usable by the applicant, the words "Suggested Form Of" may be stricken at the top of each form which should then be filled out completely by the authorized official of the?applicant. Upon receipt of this form and the other doctnnents listed above, the ~HFA Regional Office will proceed with full review of the planning documents. When the documents are approved, payment of the advance will be made without further action by the applicant. Page 4 of GPO 89 5368 HP~A FORM R4-57 (9-58) CERT~CATE OF SEPAP~TE PLA~NING ACCOUNT This will certify that in accordance v~th Section 702(b) of the Housing Amendments of I~55, the ¥il!a~e of New Hope ,, · (Legal- Corp~r4Tte 'N~me) has opened a separate planning account in First Robbinsdale State Bank ~'-(Particu~ar Banking 'ins'tit~tion~- located in Hobbinsdale, -~m~esota and that the Federal advance ...... of ~%900.OO specified· in the Agreement signed by a represen+~tive of ..... (Amdu~t) the Village of New. .Hope (~pPlicant) ..... on May 10, 1960 will be deposited in the planning account for approved project CORPORATE AUTHORIZATION RESOLUTION THIS IS TO CERTIFY: 'l~nat at a meeting o{ ~e ~:-'_'-~/__ _- ..... _~ of ........................................................................ ................................................................................ ii;;;/;' ~;;' ;i' Z;~;;;i;';~' ............................................. a/corp~_ration under the laws of the State of.,f/.z:.~..~z...~...~.,.a...~....~ ...................................... , duly called and held on ./...~....~.~....~....~.....~..., 19.~.., the following resolutions were adopted: ~ ~/ Fi~x~ i,k~biasdale State B~. RESOLVED, That F":~-Y. Na*.izn~ Bank cf ~'Lunca~c?k is hereby designated as a depository for the fimds of this corporation and any officer of this corporation is hereby authorized in the name and on behal/of this corporation to open or cause to be opened or to continue or cause to be continued an account or accounts with said Bank and to execute and deliver to said Bank signature card or cards supplied by said Bank containing said Bank's usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter named, and that any officer of this corporation or any other person hereinafter named is hereby authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts, orders, notes or other instru- ments payable to or held by this corporation. RESOLVED, That checks, drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any ....................................... of the following: _ . . ~ /q ~ ........................ ........ and counters igned by .... ~~'~'~;~~--~.~:i.i.:~.~...L and said Bank is hereby fully authorized to pay and charge to such account or accounts any checks, drafts or other withdrawal orders so signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposited or otherwise applied to his individual account or benefit· 'IIE~IJe._VED, That any ........................................ of the following: (Insert one or more) I from First National Bank o~ l~finneapolis in such amounts, for-~t~ ~~ terest and upon such terms as he or they may see fi~;d deliv re notes or~ ~edness of this corporation therefor, and ren~.n/~.:: hP~lled.,~ ~, mortgage-~,,~rwise hypothecate to said Bank any b~ouse re~. ei.pts, b?Is, f lading, stoc_i~_, b_on~ls, real estate or other prop~y for the payment of any bor owing or indebtedness of th~s~atian; to offer any b~ .said Bank. for discount ,r ~__o waive deman~ent, protest~xce of dishonor; and to make any other agreement with said Bank with respect to any borrowing. edness of this corporation. RESOLVED, That said Bank shall be entitled to rely upon a certified copy of these resolutions until written notice of modification or rescission has been furnished to and r~ceived by said Bank· IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this ............ /..~..~ ............. day o~ ............................ ,1O.d..P... . (Affix Corporate Seal) RESOLUTION ADOPTING AND CONFIRMING PREVIOUSLY OMITTED ASSESSMENT FOR SANITARY SEWF~R IMPROVEMF~NT NO. 59-19B BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the additional amount proper and necessary to be specially assessed at this time for Sanitary Sewer Improvement No. 59-19B against Lot l, Block l, Meadow Lake Terrace 2nd Addition, Plat 62284 Parcel 250, not previously assessed, has beau duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that Lot l, Block l, Meadow Lake Terrace 2nd Addition, Plat 62281, Parcel 250, was and is specially benefited by the construction of said Improvement in not less than the amount of $585.99, and said amount is hereby levied against Lot l, Block l, Meadow Lake Terrace 2nd Addition, Plat 62281; Parcel 250, and identified as previously omitted assessment for Sanitary Sewer 59-19B. 3. The proposed assessment is hereby adopted and confirmed as the proper special assessment for said lot, and the assessment against such parcel, together with interest of 6% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. 4. Prior to certification of the assessment to the County Auditor, the owner Of said lot assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be ex~ended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Dated the 22nd day of November, i~. ATTEST: Village Clerk Mayor (SEAL) issue until paid, and at the additional rate of 1.80% per annum frcm February 1961, until December l~ 1962, payable semiannually on June i and December i of each year~ such interest to maturity being represented by two sets of interest coupons~ the coupons representing the additional rate being designated as "B" coupons. The principal of and interest on said bonds, shall be payable at The ~merican National Bank of Saint Paul, in St. Paul, Ninnesota, and the Village hereby agrees to pay the reasonable and custc~ary charges of said paying agent for the receipt and disbursement thereof° Attest: Village Clerk The motion for the adoption of the foregoing resolution was duly seconded by .7~I ~ ~ ~/-~ ~- . , and on roll call, all members of the Council present voted AYE, whereupon said resolution was declared duly passed and adopted. STATE OF NINNES~A~ SS. OF I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope, Ninnesota, h~reby attest and certify that (1) as such officer, I have the legal custody of the original record frc~ which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and cc~plete transcript frcm the original minutes of a meeting of the Village Council of said Village held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to $320,000 Temporary Improvement Bonds of 1960, Fifth Series) and (4) said meeting was duly held, pursuant to call smd notice thereof as required by law. WITNESS my hand and the seal of said Village this , ~ day of Village Clerk Extract of Minutes of Meeting of Village Council Village of New Hope, Henuepin County, Minnesota Held November 22, 1960 A regular meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Hall in said Village on November 22, 1960, at 8:00 o'clock P. M. The following members were present: and the following were absent: introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SALE AND DELIVERY OF $320,000 TEMPORARY IMPROVEMENT BONDS OF 1960, FIFTH SERIES BE ~T RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found, determined and deC~2ared that the Village has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearings as required by law, the construction of Water Improvement No. 60-38, Sanitary Sewer Improvement No. 60-37, and Street Improvements Nos. 60-35 and 60-39, and has dulY ordered, received and approved plans and specifications and entered into contracts for the construction of said improvements, after proper advertisement for bids; that the total benefits resulting frcm each of said improvements to the proper- ties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of each of such improvements~ respectively; that it is contemplated that the total amount of the cost of each improvement will be assessed against those lots and tracts specially ~nefited by such street and other properties required for the construction of each of said improvements; and that the total cost of said improvements is presently estimated to be as follows: -1- Street Improvement No. 60-35 Sanitary Sewer Improvement No. 60-37 Water Improvement No. 60-38 Street Improvement No. 60-39 $87,000 55,000 84, 500 15,500 $2 2,0'oo 2. It is necessary at this time for the Village to borrow the sum of $242,000 tO pay the costs incurred and to be incurred in the near future with reference to the improvements described in paragraph i hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Section 429.091, Subdivision 3, Minnesota Statutes, and the resolution adopted by the Council on September ll, 1958, entitled "Resolu- tion Establishing Temporary Improvement Fund and Authorizing the Issuance of Temporary Improvement Bonds". Said bonds are hereby authorized and directed to be issued and delivered to said purchaser forthwith~ and the fund of each of said improvements shall be incorporated in the Temporary Improvement Fund and the proceeds of said bonds credited to said fund and expended and accounted for' as prescribed in said resolution and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution. 3. It is hereby found, determined and declared that the Village has heretofore issued $90,000 Temporary Improvement Bonds of 1958, dated October l, 1958, for the purpose of finaucing the costs of making Sanitary Sewer Improve- ment No. 58-12; that the issuance of said bonds was authorized by a resolution of this Council adopted on October 15, 1958~ that all of said bonds were validly issued and constituted legal obligations of the Village in their full amount; that all of said bonds became due and payable on October l, 1960; that the cost of said improvement which has been paid frcm the Temporary Improvement Fund is the amount of $ ~ ~ ~, ~ ~ ; that the smount of moneys rem~ing on hand therein and ava~l~ole '~o~ the Payment of said temporary improvement bonds was $10,900, of which amount $~,700 was required and used for the payment of inter- est on said bonds ccming due on their maturity, and $8,200 was used for the payment of principal thereon; that the sum of $81,800, was temporarily advanced frmu other Village funds for the purpose of paying the remaining principal of said bonds due on their maturity; that it is now necessary to issue $78,000- refunding temporary improvement bonds for the purpose of providing funds, in addition to available moneys on hand in the Temporary Improvement Fund, to repay such advances to the respective funds, inclUding interest thereon at 4~ per annum, and to refund such indebtedness until December l, 1962~ in accordance with the resolution of this Council adopted on August 23, 1960, entitled "Resolution Authorizing the Issuance of Temporary Improvement Bonds for the purpose of Paying and Refunding Temporary Improvement Bonds". Said bonds are hereby author- ized and directed to be issued in ccmbination with the bonds authorized by para- graph 2 hereof, as a single issue of $~20,000 temporary improvement bonds. 4. Said bonds shall be designated as "Temporary Improvement Bonds of 1960, Fifth Series", shall be ~20 'in number and numbered from I to inclusive, each in the denomination of $1~000, shall be dated as of December 1960, and shall all mature, without option of prior payment, on December l, 1962, All bonds shall bear interest at the basic rate of 4.00~ per annum from date of -2- RESOLUTION ORDERING PUBLIC HEARING AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER IMPROVEMENT NO. 60-44, SANDRA TERRACE BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Schelen, Inc., Engineers for the Village have heretofore reported to this Council that a Sanitary Sewer Improvement for the Village as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the Village is $46,000.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than three days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED LATERAL SANITARY SEWER IMPROVEMENT NO. Village of New Hope~ Minnesota. 60 -44 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 13 day of December , 196 0 at 8:00 o'clock p. m. at the Village Halle, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed .improvement as described hereinafter. 2. The general nature of the improvement is the construction of Lateral Sanitary Sewer including house services, manholes,'and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Proposed Sandra Terrace and property abutting thereto, being also described as the West 825 feet of the Northwest One Quarter (l~w~) of Section '18, Township 118, Range 21, and the East 165 feet of the Northeast One quarter (NE~) of the Northwest One Quarter (~F~) of Section 18, Township 118, Range 21. 3. The estimated cost of said improvement is $46,000.00 4. The area proposed to be assessed for the making of said improve- ment shall include all the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 22 day of Novem~.~r , 1960 Don Trucker, Village Clerk Published in the North Hennepin Post the 1 196 0 . ~ and the 8 days of ...... Decsmber Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions im accordance with'which said hearing shall be held. 4. Orr-Schelen, Inc. are hereby authorized and directed to prepare plans and specifications for said public improvement. Dated the 22nd day of November, 1960. ATTE ST: Clerk RESOLUTION ORDERING CONSTRUCTION OF WATER IMPROVEMENT 60-34 AND AWARDING CONTRKCT FOR THE CONSTRUCTION OF SECTION A, BEING A PORTION THEREOF. BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. That a public hearing was held on the 5th day of July, 1960 at 7:30 o'clock p. m. in the Village Hall, 4200 Nevada Avenue North in said Village, after notice of said hearingwas duly published as required by law in The North Hennepin Post for the 23rd and 30th days of June, 1960, said hearing pertaining to the construction of proposed Water Improvement 60-34. 2. That this Council has considered the views of all persons interested, and being fully advised of appurtenant facts does hereby determine to proceed with the making of said water improvement, the construction of which is hereby ordered, said improvement to be known hereafter as '~4ater Improvement 60-34 of the Village'. 3. The area proposed to be assessed to pay the cost of said improve- ment shall include the property described in the Notice of Hearing as published. The Village Attorney~ hereby authorized to negotiate the sale of the bonds of the Village to pay the costs of said improvement amd to undertake such negotia- tions and proceedings as deemed necessary in order to acquire the necessary right-of-way for said construction. 4. Bids for the construction of a portion of the proposed construction included in Water Improvement 60-34 were included in bids received by the muni- cipality on the 10th day of June, 1960, being at that time included in proposed Water Improvement No. 60.-33, which improvement has been abandoned by the Village. Said construction work was also adverti~sed for bids in the C~nstruction Bulletin of May 19th and 26th. 5. It is hereby found and determined that the said construction work advertised as a portion of Water Improvement 60-33 constitutes a portion of the same improvement hereinbefore ordered as Water Improvement 60-34, and this Council hereby determines to utilize said plans amd specifications and bids for the construction of a portion of Water Improvement 60-34 and finds and declares that the lowest responsible bidder for the work and materials necessary for the construction of the initial portion of Water Improvement 60-34 is Phelps- Drake Co., Inc., the base bid being $70,620, Alternate A being $60,712.25 and Alternate B being $33,726, a total of $165,058.25, and said bids being in all respects according to law and with a public advertisement for bids and with the plans and specificatioms heretofore approved by the Council and now on file in the offices of the Village Clerk and Orr-Schelen, Inc., the Engineers employed by the Village, have r~commended that portions included in the base bid, except that part of 33rd Avenu~of said bid be accepted and said portions are hereby accepted, said portions hereafter designated as Section A. *North, Alternate B, except that part of 62nd Avenue North, and all of alternate A, 6. The Mayor and Tillage Clerk are hereby authorized and directed to make and execute a coptract on behalf of the Village in accordance with the terms of said hid and the aforesaid acceptance, and to validate said contract said bidder shall he required to furnish a contractor's bond in the base amount of his bid, conditiorted as required by law. Dated the ~ day of July, 1960. Attest: -2- P~SOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 60-31. BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Otto Bonestroo & Associates, Inc., Engineers for the Village have heretofore reported to this Council that a street improvement for the Village as hereinafter described isfeasibleand may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the Village is $164,740.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction ofa public improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, placeand purpose of said meeting to be published for two successive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC NRARING FOR STREET IMPROVEMENT NO. 60-31 Village of New Hope~ Minnesota. 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 14th day of June, 1960 at 8:00 o'clock p. m. at the Village Hall, 4200 Nevada Avenue North in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction or com- pletion of construction of gravel base, including sub-cutting where necessary, construction of black top surfacing (both temporary and permanent, depending upon the specific area) and either asphalt curb or concrete curb and gutter and all other'appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: A. SunsetHeights ~ 54th Avenue North from 121' West of West line of Pennsylvania to centerline of Nevada Pennsylvania Avenue from 125' South of North line of 52nd Avenue North to South line of 54th Avenue North. Oregon Avenue from North line of 52nd Avenue North to the South line of 54th Avenue North. 52nd Avenue North from East line of Pennsylvania to Village Limits approximately 180' East of East line of Oregon. 53rd Avenue North from 135' West of West line of Pennsylvania to Village Limits approximately 135' East of East line of Oregon. B. Lawrence L. Peterson's Addition Sumpter Avenue from316' South of South line of 54th Avenue North to South line of Bass Lake Road. Rhode Island from316' South of South line of 54th Avenue North to South line of 55th Avenue North. Quebec Avenue from 316' South of South line of 54th Avenue North to South line of 55thAvenue North. 55th Avenue ~rom East line of Sumpter Avenue to 160' East of East line of QuebecAvenue. 54th Avenue from East line of Sumpter 'Avenue to 144' East of East line of Quebec Avenue. C. J. P. Riedel's St. Raphael Addition Angeline Drive from East line of Winnetka to the East line of QuebecAvenue North. 53rd Avenue North fr°mEast line of Winnetka to approximately 131' East of East line of QuebecAvenue North. Sumpter Avenue from North line of Angeline Drive to 316' South of South line of 54th Avenue North. Rhode Island from North line of 53rd Avenue North to 316' South of South line of 54th Avenue North. Quebec from North line of Angeline Drive to 316' South of South line of 54th Avenue North. D. Be~inAddition 55th Avenue North from West line Zealand Avenue to West Winnetka. line of Zealand Avenue from NOrth line 54th Avenue North to South line of 55thAvenue North. Yukon Avenue from North line 54th Avenue North to South line of 55th Avenue North. Xylon Avenue from North line 54th Avenue North to South line of 55th Avenue North. -2- Wisconsin Avenue from North line 54thAvenue North to South line of 55th Avenue North, Virginia Avenue from North line 54th Avenue North to South line of 55th Avenue North, Utah Avenue from North line 54th Avenue North to South line of 55th Avenue North, E~ Meadow LakeTerrace Aquila Avenue from West end of MeadowLake Place to North line ofWestMeadowLake Road, West Meadow Lake Road from East line of Boone to Meadow Lake Place, Xylon, MeadowsLake Place from Yukon Avenue to Eastend of Aquila Avenue, East Meadow Lake Road from East line of Yukon to West line of Yukon Avenue from North line of Bass Lake Road to the No~th line ofHeadowLake Road, 58th Avenue No, ($outhview Road) from East line of Yukon to West line of Xylon, Xylon Avenue from South line of 58th Avenue No, to North line of East Meadow Lake Road, F, Sullivan's BillcrestAddition 59th Avenue North from 13~West of West line of Virginia Avenue to West line of Winnetka, 59~ Avenue from East line of Virginia to West lir~ of Winnetka, Virginia from North line of 59thAvenue North to 135' North of North line of 59~Avenue, G, Winnetka Hills~ .KLM 100 and RLS 255 46thAvenue North from edge of paving of Winnetka Avenue to 124' Eastof East line of Rhode Island Avenue North, 47th Avenue North from edge of paving on WinnetkaAvenue to 80' East of East line of Rhode Island, Rhode Island from North line of 46thAvenue North to South line of 47th Avenue North. -3-- Sumpter from North line of 46th Avenue North to South line of 47th Avenue North. H. Wisconsin Avenue Wisconsin Avenue from Bass Lake Road to a pointapproxi- mately 700' South. ' I. 36th Ay. No. 36th Ave. No. from 200' West of the West property line of Minneapolis, Northfield and Southern Railroad to 250' East of East property line of said railroad. J. Oregon Avenue Orgeon Avenue No. from 42nd Ave. No. to South line of 40th .Ave.,No. K. Miscellaneous Nevada Ave. from No~th line of 54th Ave. to the edge of paving on BassLake Road. Pennsylvania Avenue from edge of paving on Bass Lake Road to a point approximately 200' North of the North property line of Bass Lake Road. Each and all of the terms and provisions as stated in the foregoing Notice ofHearingare hereby adopted as the terms and provision in accordance with which said hearing shall be held. Attest: Clerk (Seal) -4- RESOLUTION CONCEP~ING ~I~VFJ~P0~S GAS C0~AA~/ FRANCHISE WHEREAS~ there have been negotiations between the Minneapolis Gas Company and communities served by the suburban divisionof the Minneapolis Gas Company over an extended period of time~ resulting in the drafting of a proposed new uniform franchise ordinance for communities served by the suburban division of the Minneapolis Gas Company~ and WHEREAS~ after a thorough analysis of the provisions of such proposed franchise ordinance~ a firm of rate consultants acting on behalf of such communities has recommended ~that such franchise ordinance be adopted~ and WHEREAS~ after having examined and analyzed the provisions of the said franchise ordinance~ it is the considered judgment of this Council that the enactment of said franchise ordinance will be beneficial to this municipality and in the best interests of consumers of gas in this municipality~ and it appears to this Council that said franchise ordinance should be enacted~ and WHEREAS~ it is necessary that the Legislature of the State of Minnesota enact enabling legislation to insure that said franchise ordinance may be validly enacted by this mu- nicipality~ and WHEREAS~ agreement has also been reached on the provisions of a bill which, if enacted~ would provide the necessary enabling legislation; NOW THEREFORE, BE IT RESOLVED by the V±llaq~ Council of the v~ll~g~ of New Hope 8 as follows: 1o It is hereby declared to be the intention of this Council to adopt the aforementioned franchise ordinance im- mediately after~ and providing that, the Legislature of the State of Minnesota enacts enabling legislation authorizing and empowering this municipality to enact such franchise ordinance° Z~ This Council herewith urges the enactment by the Legislature of the State of MinneSota of appropriate enabling legislation which will permit this municipality to adopt the aforementioned uniform franchise ordinance, so as to act in concert with other municipalities in the regulation of the rates and practices of the Minneapolis Gas Company~ such en- abling legislation to be in substantially the form of the legislative bill which accompanies the aforementioned franchise ordinancea NAYOR PROPOSED LEGISLATIVE BILL BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section lo Subdivision 1. For the purposes of this act the terms definad in this section shall have the meanings given them. Subd~ Z~ "Authority" means a gas rate regulatory authority created pursuant to the terms of this act, by several municipalities. Subd~ 3. "Board" means the board of directors of the authority, consisting of one director from each municipality which is a member of the authority. Subd~ 4o "Council" means the body of the municipality having general legislative powers. Subd~ 5. "Gas" includes manufactured gas, natural gas, reformed natural gas~ a mixture of natural gas and manufactured gas, or other form of gaseous energy. SUbdo 6~ "Gas company" means a public service corporation using the streets and public places of a municipality as a loca- tion for its facilities used in distributing and selling gas in such municipality under a franchise granted by the municipality and accepted by the corporation. Subd~ 7. "Member" means a municipality which joins with other municipalities in the establishment of an authority. SUbdo 8. "Municipality" means any city, village of town. Subd. 9. "Rate engineer" means a person designated by the board to act on behalf of the authority and its members to alter, amend or revise the rates of the gas company for gas sold in member municipalities. He shall be an engineer, auditor or accountant, qualified and experienced in public utility regulatory matters. Sec. Z. Any two or more municipalities served by the same gas company may, subject to the provisions of Sections 3 and 4, establish an authority to regulate the gas rates of the.company, and to exercise such other powers and duties as are authorized by this act. Sec~ 3. The municipalities establishing the authority shall have franchises which, at the time the authority is created, have been granted to and have been accepted by the gas company, which are substantially uniform except as to municipality, and which provide for regulation of the company by the authority and its rate engineer in accordance with the provisions of the franchise~ Sec° 4. Any municipality mayadopt a gas franchise which provides among other things for a franchise term of not more than Z0 years, a formula and procedure for determining just and -Z- reasonable gas rates for gas sold within the municipality, and regulation of the gas company pursuant to franchise by the authority and its rate engineer as provided in this act. Such franchise may provide that the municipality may be included in the same area for rate-making purposes as other municipalities served by the same gas company. If such a fran- chise is adopted by the municipality, is accepted by the company and the municipality becomes a member of an authority as provided by this act, the regulation provided by the authority and its rate engineer in compliance with the terms of the franchise shall be an exclusive and complete exercise of the rate-regulatory authority of the council of the municipality during the term of the franchise. The power of the council of any municipality to adopt a franchise and become a member of an authority shall exist notwithstanding the provisions of any other statute or home rule charter relating to the granting of gas franchises to, or the regulation of, gas companies; and the method of arriving at the proper gas rates and the procedure for determining the same, as contained in the franchise, shall be controlling. Sec° 5o The governing body of the authority shall be its board. Each member shall be entitled to one director. A director shall be appointed by the council of each member municipality, --3-- for a term of one calendar year and until his successor is selected and qualifies. Board members shall serve without com- pensation. A majority of the board shall constitute a quorum. A vacancy in the board shall be filled by the council of the member whose position on the board is vacant. Sec. 6. Subdivision 1. The first meeting of the board shall be its organizational meeting, which may be called by the mayor of any municipality desiring to create an authority. The invitation to the organizational meeting shall be in writing, mailed at least two weeks in advance of the date of the meeting, to every municipality which, after reasonable inquiry, is believed by him to be eligible to join in the creation of an authority. It shall state the purpose, time and place of the meeting. Subd. 2~ At the first meeting of the board, and in January of each year thereafter, the board shall elect from its directors a chairman, vice-chairman, secretary, and treasurer. At the organizational meeting, or as soon thereafter as it may reasonably be done, the board shall adopt rules and regulations governing its procedures, including the time, place and frequency of its regular meetings. Such rules and regulations may be amended from time to time. -4- Sec. 7. Subdivision 1. The powers and duties of the board shall include the powers set forth in this section. Subdo Z. It shall designate and employ a person to act as rate engineer on behalf of the authority and its members, who shall be empowered to alter, amend or revise the rates of the gas company in the manner provided by franchise and this act. Subd. 3. It may make such contracts as deemed necessary or desirable to make effective any power possessed by the authority. SUbdo 4. It may provide for the prosecution, defense or other participation in actions or proceedings at law in which it may have an interest an~ may .emplOy counsel for the purpose. Subd. 5. It may employ such Other persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full-time, part-time or a consulting basis, as the board determines. Subd. 6. It may conduct such research and investigation and take such action as it deems necessary on any matter related to or affecting gas costs~ rates, supplies, and franchises or other legislation affecting the same, and advise the members concerning such matters. Subd~ 7. It shall be entitled to obtain from the gas company and from any other source such information relating --5-- to gas rates and gas costs as any of its members is entitled to obtain. Subd. 8. It may collect monies from the gas company to finance the authority in the manner and to the extent provided by franchise; and it may accept voluntary contributions from its members if members determine that unusual circumstances warrant providing the authority with additional financial support, but it shall nothave any taxing power. It may accumulate reserve funds, and may invest and reinvest its funds not needed for current operating expenses. Subd. 9~ It may contract for space, materials and sup- plies either with a member or elsewhere. Subd. 10. It shall make a financial accounting and report to the members at least once each year, and its books and records shall be available for examination by its members at all reasonable times. Subd. 11. It shall not have authority to amend the fran- chise of any of its members. Subd. lZ. It may exercise any other power necessary and incidental to the implementation of its powers and duties or those of the authority or its rate engineer as provided in this act. Sec. 8. Authority funds may be expended by the board in accordance with the procedures established by law for the ex- penditure of funds by villages. Orders, checks and drafts shall be signed by the chairman and the treasurer. Other legal in- struments shall be executed on behalf of the authority by authority of the board, by the chairman and the secretary. During the absence or disability of the chairman,, the vice-chairman shall serve and perform as chairman. Sec. 9. Subdivision 1. The rate engineer shall have the duty and power to investigate the books and records of the gas company to determine whether there has been compliance with franchises of members, and to order in writing the alteration, amendment or revision of the rates of the gas company when it appears to him that such rates do not so comply. Su~d. Z o The gas company may appeal from any order of the rate engineer, to the district court of any county in which any member is located, at any time within 30 days after being served with notice of the order. There shall be no pleadings upon the appeal except the order, and the only issues on appeal shall be those raised by the order. During the pendency of the appeal, if the franchises of the members so provide, the rate made -7- by the company shall remain in effect, but such rate shall be subject to refund, rebate or other relief as the court may order. These appeals shall have precedence over all other civil cases, except tax cases. PROPOSED UNIFORM SUBURBAb~ FRANCHISE FOR MINNEAPOLIS GAS COMPANY November 29, 1960 AN ORDINANCE GRANTING TO THE MINNEAPOLIS GAS COMPANY~ A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO USE THE STREETS AND PUBLIC PLACES IN THE VILLAGE OF NEW HOPE FOR THE CONSTRUCTION~ MAINTENANCE AND OPERATION OF A SYSTEM OF MAINS, PIPELINES AND OTHER FACILITIES FOR THE MANUFACTURE, DISTRIBUTION AND SALE OF GAS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR, AND REPEALING ALL ORDINANCES~ OR PARTS OF ORDINANCES~ INCONSISTENT HEREWITH. Village of New Hope Village ; and Whereas~ the Whereas, the Minneapolis Gas Company~ a corporation organ- ized under the laws of the State of Delaware~ owns property used and useful, in the manufacture~ distribution and sale of gas in the and is operating said property in said Village Council of the Village of New Hope on the 10th day of December ~ 19 5__3~ adopted an ordinance granting a franchise to the Minneapolis Gas Company~ its succes- sors and assigns~ for the manufacture~ distribution and sale of gas in said Village for a period of twenty (Z0) years~ and Whereas~ meetings have been held between representatives of the Minneapolis Gas Company and the Village of the Village of New Hope relative to a revision of the franchise previously granted; and Whereas~ the Minneapolis Gas Company~ as and for con- sideration and compensation for the rights and privileges herein granted~ has agreed to surrender its present franchise ordinance and has agreed~ during the term hereof~ to continuously supply gas service to the inhabitants of the Village~ as provided in this franchise ordinance~ and has agreed to perform contractual ob- ligations set forth in said franchise ordinance~ and has agreed to pay to the Suburban Rate Authority for the use and benefit of the Village the amount provided in Section 18; and Whereas, the Village Council of the Village of New Hope ~ in cooperation with other municipalities of the suburban area~ has determined that it is desirable and to the advantage of the consumers of gas in the Village of N~w Hope that a new franchise should be granted by said Village to said Company upon the terms and conditions expressed herein and that the previous franchise hereinabove referred to should be repealed and all rights and privileges of the Company thereunder surrendered and cancelled except as hereinafter provided° NOW~ THEREFORE~ THE VILLAGE COUNCIL OF NEW HOPE DO ORDAIN AS FOLLOWS: Section 19 In this ordinance the terms "Municipality", "Municipal Council" and "Municipal Clerk" shall mean respectively, the Village of New Hope , the Village Council of New Hope and the Clerk of the Village of New Hope o If at any time the powers of the Municipality, the Municipal Council or the Municipal Clerk shall be transferred to any other authority, board, officer or officers, then and in such case such authority, board, officer or officers shall have the rights, powers and duties here- in referred to or prescribed for the Municipalityt the Municipal Council and the Municipal Clerk respectively° The term "Company" shall mean the Minneapolis Gas Company~ its successors and assigns, and the words "streets and public places" shall mean the streets, avenues, alleys, parkways~ roads, squares~ parks, bridges~ viaducts and public places in the Municipality° . The term "gas" as used herein shall be held to include manufactured gas, natural gas, reformed natural gas, a mixture of natural gas and manufactured gas, or other form of gaseous energy. The term "one thousand cubic feet" of gas where used in this ordinance is 1~000 cubic feet of gas measured at temperature and pressure existing at the point of metering, or, when corrected~ at 60° F and 14o5 pounds per square inch~ absolute. The term "suburban area" shall include the cities of Bloomington~ Columbia Heights~ Crystal0 Fridley, Hopkins~ Robbins- dale~ St. Louis Park and Wayzata; the villages of Brooklyn Center, Brooklyn Park~ Deephaven~ Edina~ Excelsior~ Golden Valley, Green- wood, Hilltop, Maple Grove~ Minnetonka~ Morningside, New Hope, -3- Osseo, Plymouth, Richfield~ Sto Anthony~ Shorewood and Woodland; the township of Eden Prairie; and the area of Fort She!lingo Other municipalities or area adjacent to or near the City of Minneapolis or the "suburban area" may be included in the "suburban area" for rate-making purposes~ subject to the provisions of Section 12o Section Zo There is hereby granted to Minneapolis Gas Company, its successors and assigns~ for a period extending to January 1~ 1981~ from and after the acceptance of this ordinance by the Company, and waiver of rights by said Company required by Section 27 hereof~ and subject to the terms~ conditions and limita- tions herein stated~ the right to manufacture~ import~ transport~ sell and distribute gas for heating~ illuminating and other pur- poses within the limits of the Municipality as the boundaries thereof now exist or as they may be extended in the future~ and for that purpose to establish the necessary facilities and equip- ment and to maintain a manufacturing plants gas mains, service pipes and any other appurtenances necessary to the manufacture~ sale and distribution of gas in and along the streets and public places of said Municipality~ and to do all things which are reason~ able~ necessary or customary in the accomplishment of this objec- tive, subject, however~ to the further provisions of this franchise° Provided, however~ that before said Company shall establish any plant in said Municipality for the manufacture of gas, the approval of the Municipal Council of the location thereof, in the exercise of a reasonable discretion by said Council, shall be first obtained by said Company. If the right or privilege to manufacture, purchase, transport~ mix, distribute or sell gas in annexed territory, shall be owned or controlled by the Company at the date of annexation~ said right or privilege shall, from and after the date of annexa- tion and during the balance of the term hereof~ be exercised and controlled by the provisions of this ordinance. The Company agrees to manage its plant and operations in a reasonably efficient and economical manner° The Company also agrees to use due diligence in the matter of the issuance of long-term debt to assure reason- able cost of such debt~ provided~ however~ that this should not be construed as requiring competitive bids on new debt issues~ Section 3(a). The Company shall charge~ demand~ collect and receive just and reasonable rates, charges and compensation. as hereinafter provided~ The altering, amending or revising of any rates made by the Company to obtain compliance with this ord±- nance shall be by the Suburban Rate Authority° The Suburban Rate Authority is a part of the municipal operations of the Municipal- ity in which gas is distributed and sold by the Company° The said Suburban Rate Authority exists for the purpose of reviewing -5- gas rates made by the Company and undertaking appropriate action thereon as in this ordinance authorized° The activities and opera- tions of the said Suburban Rate Authority within and for this Munic- ipality and the authority vested in and exercised by said Suburban Rate Authority, as herein defined, and the authority and power of the Municipality as exercised in the making and enforcement of this ordinance shall be considered as a continuing~ complete and ex- clusive exercise by the Municipal Council of any and all public utility~.rate regulatory power it may have or possess in law as affecting the Company° Further~ the Municipality expressly agrees that it is herein exercising the right to insure that only just and reasonable and'compensatory rates are charged by the Company~ and that by the adoption of and the enforcement of the provisions of this ordinance it is exercising its rate regulatory power over the Company° Nothing in this ordinance shall prevent the power herein given to the Suburban Rate Authority to alter, amend or revise Company rates from 'being hereafter delegated~ by law, to some other governmental authority. From and after the effective date of this ordinance~ the Company shall charge~ demand, collect and receive not to exceed the following maximum rates for gas supplied to each customer at one location in the entire suburban area~ including the _6_ Municipalit y, :~ for each month~ except as said rates shall be changed or modified as hereinafter provided, viz: First 300 cu ft or less $2~00 Next 3,700 cuft 1.45 per M Next Z6~000 cu ft 1~12 per M Next 130~000 cuft 1o00 per M Next !40~000 cu ft 1o00 per M All over 300~000 cu ft °90 per M The rates above specified are called "Block Rates"° The rates permitted by this ordinance~ except as to natural gas furnished industrial customers~ are for natural gas having a monthly average total gross heating value of not less than 950 British Thermal Units per cubic foot~ and shall continue~ subject to adjustment as herein provided. Bills shall be rendered at not more than, the maximum rates permitted by this ordinance~ providedt however~ that when a bill is not paid within ten (10) days after a bill is delivered or mailed to a customer~ the Company may charge~ demand~ collect and receive the amount thereof plus ten per cent (1~)~ The Company may require any consumer of gas to deposit with it a reasonable amount as security for payment of gas used or to be used by said consumer. The Company shall pay interest on the deposit at the rate of six per cent (6%) per annum. 3 ~)o The said rates shall remain in force and effect and be adjusted from time to time~ as hereinafter provided. In order to avoid undue discrimination between customers the Company may~ at the time specified in this section and subject to review in the same manner as is provided in said ordinances adjust the Block Rates either by changing the number and size of the blocks or by changing the price variation between the blocks, or both, or by changing the rate form, by submitting at the time of filing the adjusted Block Rates material and data supporting the desir- ability for such change or changes and the reasonableness thereof. Provided, the Company shall make a rate structure study at least once in each five years hereafter. Provided, further, that the Block Rates for any other type of gas furnished in place of natural gas may be revised by agreement between the Suburban Rate Authority and the Company. Nothing herein shall prevent the Company from establish- ing from time to time during the term hereof lower rates than the maximum rates hereby permitted, and~ in addition to the rate schedules contained in this section~ from establishing~ changing or discontinuing load buildings inducement or competitive rates~ provided that such rates shall be reasonable for consumers within different classes of service and that a lesser rate to one class of consumers shall not impose an undue burden of cost upon con- sumers in other classes° The Company shall have the right to contract for the sale of gas for industrial use on an interruptible basis, requiring -8- the customer to have standby equipment for use upon notice by the Company. The Company's rules, regulations, schedules or con- tracts for curtailing interruptible gas service shall be uniform as applied to each class of interruptible customers. 3(c). The Block Rates specified in this section shall re- main in force and effect until January 31,1961o In the month of January, 1961, and thereafter in the month of January of each year during the remaining period covered by this ordinance, the Company shall decrease the Block Rates, and may increase the same, sufficient to permit and enable the Company to realize Actual Net Earnings equal to the Allowable Annual Return, as pro- vided for~in Section 4, for each calendar year of said remaining period. Increases or decreases in the Block Rates to be made at or about the end of each of the above mentioned calendar years shall 'be based upon forecasts for the ensuing c~t~ndar year of the rates required to permit and enable the Company to realize Actual Net Earnings during said calendar year sufficient to produce the Allowable Annual Return plus past unabsorbed deficiencies therein, or less past unabsorbed overages therein, as the case may bed which may occur after January 1, 1961, under the terms of this ordinance. The Company shall file with the Suburban Rate Authority~ -9- on or before January 10 of each year~ the aforesaid forecastst together with the Block Rates which are proposed to be effective on bills rendered after January 31 of that year. Provided~ however~ in order to minimize or prevent ex- cessive fluctuations in the Block Rates~ the Company may addi- tionally once during a calendar year~ but not prior to July 15 thereof, adjust the Block Rates in the same manner as provided above for the adjustment of said Block Rates at or about the end of each calendar year° In making increases or decreases in the Block Rates here- under~ fractions of one-half (I/Z) cent or more shall be counted as one cent and fractions of less than one-half (i/Z) cent shall be disregarded so far as the current period is concerned° 3(d)~ The Company agrees not to make any change in rates permitted or required by this ordinance either by altering the classification thereof~ or otherwise~ until after twenty (20) days~ notice of any such change has been given to the Suburban Rate Authority~ Such notice shall be deemed to have been given when a written statement of any change~ or changes, in such rates~ signed by the Companyt shall be filed with the Suburban Rate Authority. The Company shall furnish such information~ reports and statements relating to any such changes which may be required by the Suburban Rate Authority~ Any change in rates made pursuant -10- to the terms of this ordinance shall be made effective as soon as practicable after the expiration of each calendar year° Pro- vided~ that before any rate established by the Company for any new class of consumers shall become effective, the Company shall give ten (10) days' similar notice to the S~burban Rate Authority of the establishment of said rate~ which may be altered~ amended or revised within ten (I0) days thereafter as in this section provided. The filing of any notice with the Suburban Rate Author- ity, as required by this ordinance~ shall be deemed notice to this municipality° 3(e). The Company agrees that any rates made by the Company not in accordance with this ordinance may be altered~ amended or revised by an engineer, auditor or accountant of the Suburban Rate Authority~ qualified and experienced in public utility regulatory matters and an employee of the said Suburban Rate Authority~ duly appointed for such purpose so as to conform to the provisions of this ordinance and according to the terms thereof~ provided, that any such alteration, amendment or revi- sion shall be made by order~ stating the reasons therefor~ duly served on the Company within twenty (20) days after notice of such proposed rates shall be given by the Company, as in this ordi- nance provided, and that the Company shall have the right to a prompt hearing and review of such alteration~ amendment or -11- revision in the courts of the State of Minnesota, if proper ap- plication is made therefor within thirty (30) days after notice of such alteration~ amendment or revision~ and if such hearing and review is applied for~ then until suchalteration~ amendment or revision shall be finally sustained or altered by such courts~ the rate made by the Company shall remain in effect for the period as provided in this ordinances subject to refund~ rebate or other relief as said courts may order. At the hearing provided for herein on the issue or issues raised by the aforesaid order the court shall consider all evidence which may be relevant and proper. 3(f)~ The Company agrees that when no ch&~ge in an exist- ing. rate is proposed at the time of a rate filings the said Subur- ban Rate Authority shall have the power to alter~ amend or revise the said existing rate in the manner provided in Section 3(e), if the said existing, rate is not in accordance with the provisions of this ordinance~ The right of the Company for court review in such instance shall also be the same as provided in Section 3(e~. 3(g). The Company shall not charge~ demand~ collect or re- ceive a greater or less or different compensation for any service or similar service rendereds or to be rendered~ than the rates and charges applicable to such service in effect at the time for con- sumers in the same class~ nor shall the Company refund or remit in any manner or by any device any portion of the rates or charges so specified° The Company shall not offer, extend to, or accept from any person or corporation any form of contract or agreement for service that is not regularly and uniformly applicable to all persons and corporations receiving the same or like service. The Company shall not extend, afford or use any rule or regulation~ or any privilege or facility that is not regularly and uniformly applicable to all persons and corporations receiving service under the same or like conditions, except as provided in Section 3(b) hereof~ Section 4(a) o As used in this ordinance, "allowable annual return" shall mean the amount computed by application of the "allowable rate of return" to the "allowable rate base" as defined in accordance with the provisions of Sections 4 ~), (c)~ (d),~,~) ~, ~) and (g) o 4(b). The "allowable rate of return" shall be 6-1/Z% during calendar years when the Company's average cost of long-term debt capital at the beginning of the current year is not less than 3-1/2% nor greater than 4-1/2%. Long-term debt shall consistof all debt due over one year after date of issue. The average cost of long-term debt shall be the weighted average effective cost of the outstanding long-term debt at the beginning of the current year. The effective cost of each debt issue shall be computed by dividing the product of the interest rate and principal amount -13- issued by the net proceeds of the issue. The net proceeds of an issue shall consist of the principal amount plus any premiums re- ceived~ less any discounts and issuance expense~ and less call premiums when any refunding of an issue results in a lower effect- ive cost of debt. Whenever there is a decrease in the Company's average cost of long-term debt capital below 3-1/2% or an increase above 4-1/Z%~ the "allowable rate of return" of 6-1/2% shall be de- creased or increased by 5~ of such decrease or increase. There~ after, any contra move in the average cost of long-term debt capital will require the reverse adjustment in the "allowable rate of return"° No change in the "allowable rate of return" shall be made unless the decrease or increase in the average cost of long- term debt capital shall equal at least 1/10 of one percentage point~ and in no event shall the decrease or increase in the "allowable rate of return" be other than in multiples of 1/20 of one per- centage point° 4(c). The "allowable rate base" shall be the sum of the "fair value of the suburban area utility plant" used and useful in the public service as provided in Sections 4(d)~ ~,(e) !a~d~(£) and working capital as provided in Section 5~ less average contribu- tions in aid of construction and average cash advances for con- struction~ as reflected on the Company's books. 4(d). The "fair 'value of the suburban area utility plant" shall b,e the sum of 5~ of the average original plant cost including the current year net additions, less depreciation per books~ computed on a monthly basis~ and 5~ of the "reproduction cost new" plant as defined in Sections4(e)~and~ ~(f)~ ~esS d~p~ciationo Depreciation of the "reproduction cost new" plant shall be com- puted by the use of the ratio of the book depreciation reserve to the original plant gross cost, plus three (3) percentage points. The 5~ weighting of the "reproduction cost new" plant shall be used as long as the Company's ratio of debt capital does not exceed 6~ at the beginning of the current year. If it ex- ceeds 6~ the 5~ weighting of the "reproduction cost new" plant will be decreased by one percentage point for every one percentage point increase in the debt capital ratio above 6~. In such event the 5~ weighting of the original plant cost will be increased by each percentage point that the weighting of "reproduction cost new" plant is decreased~ 4(e) o "Reproduction cost new" shall consist of the sum of the following amounts: (1) The original cost at the beginning of the preceding calendar year of all plant classified as Intangible Plant~ Land and Land Rights~ and General Plant~ excluding Structures and Improvements. (Z) The original cost at the beginning of the -15 - preceding calendar year of all other plant trended to reflect the Handy-Whitman Index of Public Utility Con- struction Costs (North Central Division) as of July 1 prior to the current calendar year. Each plant account shall be trended by use of the following indexes: Plant Account Index Ail Manufactured Gas Produc- tion Plant excluding Land and Land Rights _Total Construction and 'Equipment (Manufactured Gas) Distri'bution Plant Structures and Improvements Mains - Steel Mains - Cast Iron Pumping and Regulating Equipment Services Meters Meter Installations House Regulators House Regulator Installa- tions Other Property on Customers' Premises Structures and Improvements Main~. Steel Main~h= Cast~Ir~n~lw Mechanical Equipment exclu- sive of Gas Holders Services Meters Meter Installations House Regulators House Regulator Installa- tions Structures and Improvements General Plant Structures and Improvements Structures and Improvements Any new Plant Account which may hereafter be estab- lished shall be trended in accordance with the appropriate Handy-Whitman Index. (3) The original cost of the gross plant additions~ less retirements~ installed in the preceding calendar year. (4) The original cost of the gross plant additions~ -16- less retirements, installed during the current calendar year averaged on a monthly basis. 4(f). At the end of each five-year interval the con- struction cost trends experienced by the Company since the adop- tion of this ordinance shall be compared with the appropriate Handy-Whitman Index. If, after such comparison, the difference between the Handy-Whitman costs and the Company's experience is 15%, or less, of the total "reproduction cost new" plant, the Handy-Whitman Index costs will be used for the succeeding five years° If the difference exceeds 15%, the parties agree to ad- just the Handy-Whitman costs to reflect Company experience° In the event the Handy-Whitman Index of Public Utility Construction Costs (North Central Division), or its successor~ is no longer available, another similar Index mutually agreeable to the Company and the Suburban Rate Authority will be used° 4(g). As used in this ordinance, "Actual Net Earnings" of the Company shall consist of the balance remaining after deduct- ing from the gross revenues of the Company from the manufacture, purchase, mixture, transportation, distribution and sale of gas sold in the said suburban area during the calendar year of 1961~ and each calendar year thereafter, the following operating and maintenance costs and expenses connected with the manufacture~ purchase, mixture, transportation, distri'bution and sale of gas -17- sold in the said suburban area during such calendar periods: (1) Production Expenses, including cost of purchased gas; (2) (3,)- (4) (5) Distribution and Utilization Expenses; Customers' Accounting and Collecting Expenses; Sales Promotion Expenses; A~ item to cover "Administrative and General Expenses" which shall be the just, fair and reasonable cost to the Company of all of the sub-accounts that are included in such Administrative and General Expenses, but the aggregate of "Administrative Salaries" and"General Incidental Expenses" classified as in the present practice of the Company in these accounts shall not exceed in any calendar year three per cent (3%) of the annual gross revenue, including contributions, gratuities and donations not to exceed three-tenths of one per cent (3/10 of 1%) of the annual gross revenue'o~ (6) All taxes and governmental impositions of every nature actually paid by the Company directly to govern- mental tax collecting agencies or accrued in accordance with general acceptable accounting principles. Any tax other than an ad valorem tax which may hereafter be law- fully authorized and thereafter separately imposed by any municipality shall be added only to the bills of the customers within such municipality° (7) An annual allowance, beginning January 1~ 1961~ for depreciation of deprecia'ble property owned by the Company and used and useful in rendering gas service in the suburban area for each calendar year during the term of this ordinance of an amount designed to recover the original cost of such depreciable property over the esti- mated average service-life of each group of property on a straight-line basis~ computed by application of the annual depreciation rates, now used by the Company in recording depreciation on the books of the Company to the original cost of depreciable property included in each of the major property classifications and properly chargeable to depreciation.expenseso Provided~ however, such annual depreciation rates may be revised periodically so as to re- flect all factors bearing on the amount designed to re- cover the original cost of such depreciable property over its estimated average service-life; (8) All other actual and proper classes of mainte- nance and operating expenses of the Company; (9) An item to cover taxes, depreciation and return on any plant not included in the suburban area Allowable -19- Rate Base, but which is used and useful in rendering public service therein. A credit item (deduction from expenses) to cover taxes, depreciation and return on any plant included in the suburban area allowable rate base, but which is properly allocable to rendering service out- side the suburban area, su'bject~ however, to the provisions of Section 1. (10) Annual allowance for amortization of extra- ordinary property losses resulting from change in type of gas, unusual obsolescence or unforeseen property damage. Appropriate items maybe amortized or accrued according to accepted accounting practice and,.except as otherwise pro- vided in this ordinance for specific items~ the actual experience of the Company shall be the determining factor in support of the amounts and rates of amortization or accrual for such items~ as such experience gives a definite guide. All expense items~ whether charged directly and entirely in a calendar year or amortized or accrued over a longer period~ all revenue items and all balance sheet items shall be~ at all times, recorded by the Company in substantial accordance with the Uniform System of Accounts for Gas Utilities of the National Association of Railroad and Utility Commissioners, except as other- -Z0- wise provided in this ordinance and except that installment and carrying charges will be credited to gross merchandise sales. The allocation of the Company's operating expenses and Plant within and without the suburban area shall be made by the Company in accordance with a formula that reasonably reflects the costs as they occur for rendering service within and without the said area° Any change in such formula made in any rate filing will be specifically referred to in a separate communication filed with the Suburban Rate Authority at the time of the rate filing. When there is a balance in the account for cumulative overage in excess of the allowa'ble return~ such balance shall be credited with interest computed at the current prime interest rate° ,Net refunds (after taxes) from any supplier shall be credited to such account° Overages in such account may be used~ ' by mutUal agreement~ in such manner as will minimize or prevent violent fluctuations in rates~ notwithstanding the provisions of Section 3(C) o ,Section 5o The Company shall be entitled to fair and adequate working capital in an amount determined as follows: As used in this ordinance~ "working capital" shall mean an amount applicable to the suburban area for the calendar year of 1961~ and for each calendar year thereafter~, equal to the annual average funds invested by the Company during such calendar years in materials and supplies on h.and, merchandise accounts receivable, prepayments and deferred charges properly chargeable to opera- tions, plus a cash fund equal to ten (10) days' average daily operating expenses and taxes, plus one-eighth (1/8) of the annual operating expenses and taxes, less credits for the annual average of accrued taxes and purchased gas accounts payable. The working capital computed in accordance with the fore- going formula shall be included in the allowable rate base as pro- vided in Section 4(C) o ~Section 6. The Company shall file with the Suburban Rate Authority printed schedules which shall be kept open for public inspection, showing all rates, ~charges, compensation, forms of contracts or agreements made, established or enforced or to be enforced with customers in the suburban area, together with all rules and regulations relating to ratest charges or services rendered or to be rendered and all privileges allowed and facil- ities afforded by the Company to its customers in the suburban area° The Suburban Rate Authority shall have the right at any reasonable time to inspectt examine and audit the accounts, books, records, reports~ contracts, documents and papers of the Company. The said Suburban Rate Authority may appoint or designate the person or persons to make such inspection, examination or audit. Section 7o The Company shall at all times keep, maintain and preserve for the suburban area proper and accurate engineer- ing~ accounting~ financial and statistical records, relating to the construction~.cost~ maintenance and operation of its property which at all times shall show correctly and in-detail all its financial transactions~ including all of its receipts and dis- bursements and the particulars thereof~ and all data needful for the preparation of the statements and reports hereinafter provided for. The Company shall~ each month~ prepare and file with the Suburban RateAuthority the following: (a) A detailed statement,of all assets and liabilities of the Company as of the close of the preceding month; (b) A detailed statements showing source and application of revenues of the Company from the sale of gas and of by-products and from all other sources for the preceding month and year~ up to and including the preceding month; also all expenditures of the Company during said year; all dividends and interest paid; the cost of all materials used in the manufacture of gas~ all operating expenses~ taxes and salaries; the cost of all repairs and of all property~ real or personal~ by it purchased~ acquired~ constructed or installed; said statements shall be so prepared as to show the net income of the Company from its regular business -Z3- and from all other sources and the use or disposition of said income° The Company shall also, from time to time, furnish monthly operating and financial reports and such other informa- tion~ reports and statements regarding its property and business, and the conduct thereof~ as the Suburban Rate Authority may re- quire° All information~ reports and statements furnished to the Subur'ban Rate Authority by the Company shall be certified by the President~ Secretary or other proper officer of the Compan~ Section 8~ The provisions of this ordinance relative to allowable annual return~ allowable rate of return~ allowable rate base and accruing annual depreciation rates fixed under the provisions hereof and other requirements shall be considered as conditions hereof, but no such provisions, nor any matter, fact or thing herein contained shall be construed as an admission either by the Municipality or the Company in connection with any proceeding for the acquisition of the Company's property, or any part thereof, under eminent domain or condemnation proceedings, br in connection with any proceeding for the valuation of the Company's property~ or any part thereof~ during or after the termination hereof~ or in connection with any proceeding for the fixing of rates after the termination hereof~ to any of which proceedings the Municipality shall be a party. -Z4- Section 9. In determining "allowable annual return"~ "allowable rate of return" and "allowa'ble rate base" under Section 4 hereof~ the books and records of the Company~ and its predecessors, made and kept prior to the passage of this ordi- nance~ shall be used insofar as necessary in applying said Section 4. Section 10. The books of account shall contain an account that may be designated as "Reserve for Depreciation of Utility Plant", or similar term, which shall show at all times as nearly as may be the unexpended or unusued balance of accumulated charges to operating expenses on account of depreciation~ replace- ments, renewals or retirements~ When any property is abandoned or removed, withdrawn~ retired from~ or is not used and useful in the public service for any cause~ the actual original cost shall be credited to the appropriate capital account, and such amount plus the cost incidental to said abandonment~ removal~ withdrawal or retirement shall be charged to said reserve~ subject, however, to the provisions of the following paragraph~ The sal- vage value received and any other amounts recovered from said property shall be credited to said reserve° When a substantial segment of the Company's utility property is required to be abandoned and retired from service because of change of type of gas, or unusual obsolescence~ or unforeseen -Z5- property damage and such property is not fully covered by the depreciation reserve or other reserves or by insurance~ then the unrecovered balance of such property shall be credited to the de- preciation reserve or other appropriate reserve and be charged to a deferred charge'account designated as "Extraordinary Property Losses"° Charges to said deferred charge account shall be amor- tized by charges to operating expenses as provided for in Section 4o 'If the original cost is not shown by the books and records of the Company or its predecessors~ such amount shall be estimated and a record shall be made by the Company showing the facts upon which said estimate was based~ the manner in which it was deter- mined and the person by whom it was made~ and said estimated amount~ together with removal costs and salvage values or other amounts received or recovered from said property~ shall be accounted for in the manner as hereinabove provided° Section tl. The Company shall at all times keep~ main- tain and preserve all the books~ records and accounts of the Minneapolis Gas Light Company~ a corporation organized under the laws of the State of Minnesota, and the Minneapolis Gas Light Company~ a corporation organized under the laws of the State of Delawares the predecessors of the Company~ and such books~ records and accounts shall at all reasonable times be open to inspection and examination by the Suburban Rate Authority, as provided in Section 6~ in respect to the books~ records and accounts of the Company° The Company shall set up~ keep and maintain at all times~ at its general officesf accurate books of accountf showing among other things as nearly as may be the actual original cost of the property owned by the Company within the suburban area. For this purpose~ the books and records of the predecessor companies (Minneapolis Gas Light Company of Minnesota and Minneapolis Gas Light Company of Delaware) may be used without prejudice to the Suburban Rate Authority in any proceeding where the actual original cost may be an issue~ All property added shall be entered on the books at its actual original cost° Section 12o The Company agrees to lay such of its mains and pipes as come within its requirements for service as soon as reasonably possible to do so~ The Company shall give reasonable notice to the municipal engineer of plans to lay mains in any part of the Municipality~ The laying of such mains shall not unduly interfere with established municipal planning° Extensions of serv- ice beyond the borders of the suburban area as herein defined shall not collectively cast any undue burden on the customers in said subur~ban area. Section 13o The council of the Municipality shall have the right to make such reasonable rules and regulations as may be -Z7- necessary to provide adequate and proper service° The Munici- pality shall have the power to provide for the inspection~ examina- tion and ascertainment of the accuracy of any and all gas meters used or intended to be used for measuring and ascertaining the quantity of gas supplied by the Company and to inspect~ examine and ascertain the accuracy of recording pressure gauges and of all apparatus for testing and proving the accuracy of gas meters. ~ Section 14. The Company shall not open or disturb the surface of any street or public place for any purpose without first having obtained a permit so to do from the proper Municipal ~ffiCials~ ~or which permit the Municipality may impQse a reason- ~ble fee to be paid by the Company~ The mains~ services and other property placed in the streets and public places pursuant to such permit shall be located in the streets or portion of the streets and public places as shal1 be designated by the Municipality~ The Company shall~ upon completion of any work requiring the open- ing of any street or public place~ restore the same~ including the paving and its foundations~ to as good condition as formerly~ and shall exercise reasonable care to maintain the same for two (Z) years thereafter in good condition° Said work shall be performed with due diligence and if the Company shall fail promptly to perform and complete the work~ to remove all dirt and rubbish and to put the street or public place in good conditions the -Z8- Municipality shall have the right to put the street or public place in good condition at the expense of the Company~ and the Company shall~ upon demand~ pay to the Municipality the cost of such work done for or performed by the Municipality~ together with ten per cent (1~) additional as liquidated damages° Not- withstanding the foregoing provisions of this sections the Company may open and disturb the surface of any street without a permit where an emergency exists requiring the immediate repair of a gas main or gas service. The Company in such event will re- quest a permit not later than the second working day thereafter. Section 15~ Whenever the Municipality shall grades regrade or change the line of any street or public place or construct or reconstruct any sewer or water system therein and shall~ in the proper exercise of its police power~ and with due regard to seasonable working conditions~ order the Company to relocate permanently its mains~ services and other property located in said street or public place~ the Company shall relocate its facil- ities at its own expense. In construing this paragraph~ the ob- ligation of the Company to relocate ±ts facilities shall be as applicable to water systems as it is to sewer systems° The Munic- ipality shall give the Company reasonable notice of plans to grade~ regrade or change'the line of any street or public place or to construct or reconstruct any sewer or water system therein° The Company may be required to relocate its facilities at its own expense where grade changes are made by the Municipality for improved drainage or improved traffic conditions, provided, however, if a subsequent relocation or relocations shall 'be ordered within ten years from and after the first relocation the Munici- pality shall reimburse the Company for such non-betterment reloca- tion expense which the Company may incur on a time and material 'basiso Provided, however, nothing in this ordinance contained shall deprive the Company of its rights under Section 161.46~ Minnesota Statutes · Nothing contained in this section shall require the Company to remove and replace its mains or to cut .and reconnect its service pipe running from the main to the customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of said sewer or water system; nor shall anything contained herein relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring the Company's facilities while performing any work connected with grading~ re- grading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. -30- Where the Municipality orders the Company to relocate any of its facilities, the Company shall proceed with such reloca- tiono If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such re- location costs, it shall notify the Municipality within ten (10) days after receipt of such order. Section 16. The Municipality shall give the Company reason- able written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved, which notice shall contain the nature and character of the improvements~ the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality is going to start the work, and, if more than one street is involved, the order in which this work is to proceed. Paving or resurfacing of a perma- nent nature refers only to Portland cement concrete or high type bituminous concrete. The notice shall be given to the Company a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities deemed necessary by it. -31- In cases where streets are at final width and grade, and the municipality has installed under~round sewer or water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. Section 17. All mains, services, governors and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the Municipality. The Company shall keep and maintain all of its property in good condition, order and re- pair, so that the same shall not menace or endanger the life or proper%y of any person. The Municipality shall have the right to inspect and examine at any reasonable time the property owned or used, in part or in whole, by the Company for the purpose of manu- facturing, distri~buting, furnishing or selling gas in the suburban area° Section 18. The Company agrees to pay to the Suburban Rate Authority, effective May 1, 1961, not less than $30,000.00.per year -3Z- to be allowed as an operating expense to the Company and which shall be used to secure compliance with this ordinance, and for such other purposes relating to the Company's purchased gas costs and gas supply as the Suburban Rate Authority shall deem neces- sary. The amount of such annual payment shall be subject to possible revision by the Suburban Rate Authority and the Company, not oftener than once in five (5) years, if mutually agreed to. Section 19. The Company shall at all times provide and furnish an adequate, safe and continuous supply of gas to the Municipality and its inha'bitants, subject, however~ to the further provisions of this section. The Company sells and distributes gas throughout its entire distribution system. The natural gas distributed by the Company is furnished by the pipeline system owned and operated by Northern Natural Gas Company, a "natural gas company" under the Federal Natural Gas Act, which su'bjects said Northern Natural Gas Company to the jurisdiction of the Federal Power Commission° The Company shall not be liable to the Municipality or its inhabitants, nor shall the Municipality~ or any inhabitant who is a customer of the Company, be liable to the Company here- under by reason of the failure of the Company to deliver~ or of the Municipality or a customer to receive, natural gas as a re- sult of acts of God, or the public enemy, inability of pipeline -33- supplier to furnish an adequate supply due to an emergency, an order or decision of a p~blic regulatory body or other acts beyond the control of the party affected° Whenever any of the occurrences named above take place, the Company shall have the right and authority and it shall be its duty to adopt reasonable rules and regulations in connection with limiting, curtailing or allocating extensions of service or supply of gas to any customer or prospective customer, and with- holding the supplying of gas to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers; classifications of customers shall be reason- able and shall be nondiscriminatory as between municipalities in the suburban area. If service is temporarily suspended because of any of the reasons set forth above, occurring through no fault or negligent act on the part of the Company, such suspension shall not be made the basis of any action or proceeding to terminate this franchise. The quality of the gas sold in the suburban area shall be the same as that sold to the Company's customers in the City of Minneapolis. The pressure at which gas is supplied and the method and manner of testing the heating value, quality, purity and pressure of the gas supplied, shall be in accordance with accepted national standards. -34- Section Z0. The Company shall indemnify, keep and hold the Municipality free and harmless from liability on account of injury or damage to persons or property growing out of the negli- gent constr~ction, maintenance, repair and operation of its property, and in the event that suit shall be brought against the Municipality either independently or jointly with the Company on account thereof, the Company, upon notice to it by the Munici- pality, shall defend the Municipality in any suit at the cost of the Company, and in event of a final judgment being obtained against theMunicipality, either independently or jointly with the Company, the Company shall pay such judgment with all costs and hold the Municipality harmless therefrom. Section Z1. Nothing herein shall be construed to limit the right of the Municipality to acquire the property of the Company under any act of the legislature now or hereafter exist- ing, nor under any provisions of law now existing or hereafter adopted, In the event the Municipality should desire to acquire the property of the Company by the exercise of eminent domain, as herein set forth, the Company agrees that its value for the pur- pose of such acquisition shall not include any amount for the value of any right, privilege, franchise or grant from the State of Minnesota or the Municipality, for good will, or for future profits, and that in determining said value no regard shall 'be '35- ,? had to the amounts of stocks, bonds and other obligations of the Company. Section Z2. The rights and privileges hereby granted are not exclusive and the Municipality expressly reserves the right to grant like rights and privileges to other persons or corporations. Section 23. 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 hinety (90) days after receiving notice from the Municipality of such default, the Municipal 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 Minnesota for the service'of a summons and complaint in a civil action. The reason- ableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be su~bject to review by a court of competent jurisdiction. Section Z4. Any change of the form of government of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation -36- succeeding the Municipality shall, without the consent of the Company, succeed to all the rights and obligations of the Munic- ipality provided in this franchise° Section Z5. Except as herein otherwise specifically pro- vided, whenever notice is to 'be given to the Company, such notice, in writingt addressed to the President, Vice President, Secretary or Treasurer of the Company and delivered at the MinneaPolis office of the Company shall be service of such notice; and whenever notice is to 'be given to the Municipality, such notice, in writing, addressed to the Municipal Clerk and delivered at his office, shall be service of such notice; and whenever notice is to be given to the Suburban Rate Authority, such notice, in writing, addressed to such Su'burban Rate Authority and delivered to its office or to one of the members of its governing body, shall be service of such notice. Section Z6. An ordinance entitled "Granting to Minneapolis Gas Light Company, its successors and assigns, the right to manu- facture, import, transport, sell and distribute gas for heating, illuminating and other purposes in the Village of New Hope , and to use the streets, avenues and alleys thereof for that pur- pose", passed on the 10th day of repealed. December, 1953, ~-~~ is ~a¥-~ ~-~- ~-~ hereby -37- Section Z7. This ordinance shall be null and void unless the Company shall, after the publication thereof and prior to May 1, 1961, file with the Municipal Clerk a written acceptance of the same and an agreement on its part, signed and acknowledged in its behalf under its corporate seal by its duly authorized officers, to surrender all rights and privileges under the ordi- nance described in Section Z6, and to comply with, abide by, keep and perform all of the terms, conditions and requirements herein contained upon its part to be complied with or performed, and that the Company will not contest the validity of this ordinance or of any rate or rates which are in accordance with the terms hereof, except as herein expressly provided. Section Z8. The expense of the publication of this ordi- nance shall be paid by the Company° Section Z9o If this ordinance is not adopted by March 1, 1961, by municipalities in which 66-Z/3% of the customers of the Company in the suburban area are located, the Municipal Council may revoke the same. The Company agrees to file with the Municipal Clerk on or before March 15, 1961, a sworn statement showing the total~number of customers in the suburban area and the total number of customers in municipalities in which the ordinance has been adopted. If the franchise is revoked the provisions of this ordinance shall be without prejudice to either party in any -38- subsequent proceeding. Section 30. If any section, paragraph, subdivision, clause, or provision of this ordinance shall be adjudged invalid or uncon- stitutional, the same shall not.affect the validity of this ordi- nance as a whole, or any part or provision, other than the ~art so decided to be invalid or unconstitutional. Section 31. This ordinance shall take effect and be in force from and after its publication and its acceptance by the Company s~bject to the provisions of Section 29. Passed the day of , 19 . ATTE ST: Mayor Clerk -39- RESOLUTION VERIFYING AND FORMALIZING ORDER OF CONSTRUCTION OF WATER IMPROVEMENT 60-38 BE IT RESOLVED by the Village Council of the Village of New Hope: 1. This Council oB Sept~eC~13, 1960, authorized and directed the Mayor and the Clerk to make and execute a contract on behalf of the Village for the construction of Water Improvement No. 68-38, in accmrdance with the terms of the bid submitted by Kasson Sewer & Water, Inc. in the amount of $67,601.00. 2. It was the intention of this Council at that time to order the con- struction of said Water Improvement No. 60-38, and this intention is implicit 'in the authorization of the Mayor and Clerk to make and execute the said contract; however, the ordering of said improvement is not explicitly stated in said Resolution of ~September 13, 1960, entitled, "Resolution Awarding Con- tract for the Construction of Water Improvement No. 60-38", and 3. This Council hereby makes it a matter of record that the construction of Water Improvement No. 60-38 ~ here~rdered, pursuant to Public Hearing held on the 5th day of July, 1960, at 7:30 o'clock P. M. at the Village Hall, 4200 Nevada Avenue North, in the said Village. Dated the 6th day of December, 1960. Attest :~ ~ Clerk Mayor RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. 60-44 (SANDRA TERRACE) BE IT RESOLVED by the Village Council of t:he Village of New Hope, Minnesota, as follows: 1. This Council held a public hearing at 8:00 o'clock P. M. at the Village Hall, 4200 Nevada Avenue North, in the Village ofNew Hope, pertain- ing to the construction of Sanitary Sewer Improvement No. 60-44, pursuant to due notice published in the North Hennepin Post on December 1st and December 8th, 1960. 2. Having considered the views of all persons interested, the Village Council concluded to proceed with the making of Sanitary Sewer Improvement No. 60-44 and the construction of same is hereby ordered. 3. The area proposed to be assessed to pay the cost of said improve- ment shall include the property described in s~d Notice of Public Hearing mentioned aforesaid. Dated the 13th day of December, 1960. Mayor STATE OF MINNESOTA co~ OF ~E~P~ OFFICIAL' RETURNS OF ELECTION JUDGES AS TO VOTE ON BOND QUESTIONS, VILLAGE OF ~NEW HOPE~ BENNEPIN COUNTY~ MINNESOTA We, the undersigned, being the judges duly appointed for the general election held in the Village of New Hope, Minnesota on November 8, 1960, hereby certify that we attended at the polling place for said voting precinct, to-wit, at St. Jacob's Hall, located on 42nd Avenue North (Rockford Road), west of Winnetka Avenue North in said Village on the date of said election; that the polls for said election were duly opened at 7:00 o'clock A.M. and remained open continuously until 8:00 o'clock P.M. on said day and no longer; that said election was in all respects conducted according to law and all qualified voters residing in said precinct who desired to vote thereat were permitted to do so; that each person who voted thereat was furnished..by us with an official bond ballot in form identical with the one hereto attached; that forthwith upon the closing of the polls for said election, we proceeded to count the votes cast at said polling place on the questions submitted, and thereupon found and determined and do hereby certify and declare that the vote on the issuance of bonds was as follows: .Question No. 1 Shall the Village of New Hope be authorized to sell general obligation bonds, in addition to those heretofore issued, pay- able wholly ~r in part from special assessments, for the financing of additions to and extensions of its waterworks utility? Votes YES Votes NO Spoiled or blank ballots Total vote 1960 · Votes YES Votes NO Spoiled or blank ballots Question N°.,,,,,,,2 Shall the Village of New Hope borrow money and issue its general obligation bonds in an amount not to exceed $75~ 000 for the purpose of financing the purchase of a fire truck and construction of a public building for housing fire' trucks and providing miscellaneous Village offices? Total Mote //~1.2 ~SS our h~s as such election officers this 8th ~y of November~ STATE OF MINNESOTA SS, OFFICIAL RETURNS OF ELECTION JUDGES AS TO VOTE ON BOND QUESTIONS, VILLAGE OF NEW HOPE~ HENNEPIN COUNTY, MINNESOTA Votes YES Votes NO Spoiled or blank ballots Total vote We, the undersigned, being the judges duly appointed for the general election held in the Village of New Hope, MinnesOta on November 8, 1960, hereby certify that we attended at the polling place for said voting precinct, to-wit, at St. Jacob's Hall, located on 42nd Avenue North (Rockford Road), west of Winnetka Avenue North in said Village on the date of said election; that the polls for said election were duly opened at 7:00 o'clock A.M. and remained open continuously until 8:00 o'clock P.M~ on said day and no longer; that said election was in all respects conducted according to law and all qualified voters residing in said precinct who desired to vote thereat were permitted to do so; that each person who voted thereat was furnished .by us with an official bond ballot in form identical with the one hereto attached; that forthwith Upon the closing of the polls for said election, we proceeded to count the votes cast at said polling place on the questions submitted, and thereupon found and determined and do hereby certify and declare that the vote on the issuance of bonds was as follows: .Questi.on. No. 1 Shall the Village of New Hope be authorized to sell ~eneral obligation bonds, in addition to those heretofore issued, pay- able wholly ~r in part from special assessments, for the financing of additions to and extensions of its waterworks utility? 1960 · Question No. 2 Votes YES Votes NO Spoiled or blank ballots Shall the Village of New Hope borrow money and issue its general obligation bonds in an amount not to exceed $75,000 for the purpose of financing the purchase of a fire truck and construction of a public building for housing fire'trucks and providing miscellaneous Village offices? Total Vote WITNESS our hands as such election officers this 8th day of November, RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR SANITA~.Y SEWER IMPROVE- MENT NO. 60-22 WHEREAS, it is necessary and advisable in the public interest that the Village of New Hope, Minnesota lay out and establish certain sanitary sewer system; and WHE~, in order to accomplish such purpose it is necessary to acquire parmamem~ easements and construction easements, over, under and upon the land as hereinafter described on the attached Exhibit A and by this reference incorpo- rated as a part of this resolution; said construction easements to expire on January 1st, 1961; and WHEREAS, by reason of the failure of the ~illage to obtain such easements for trunk sanitary sewer and appurtenant works thereto, it is necessary to pro, cure title to such land by the right of eminent domain. NOW, THEREFORE, BE IT RESOLVED that the recitals hereinbefore contained be incorporated herewith and that the Village of New Hope proceed to procure the necessary easements in, over, and upon the land described in Exhibit A, under its right of eminent domain, and the Village Attorney be instructed and directed to file the necessary papers therefor, and to prosecute such action to a success- ful conclusion, or until it is abandoned, dismissed or terminated by the village or by the court; that the Village Attorney, Mayor and Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the Village Council this ~Z~ day of June, 1960. Clerk (Seal) Parcel 22-8 A temporary construction easement over the North 30 feet of that part of Lot 9, Auditor's Subdivision No. 324, described as follows: Lying South of County No. 9, that part of~said Lot 9 lying West of a li~e ~.u~i]~,~r_o~l~.O3iD.~.~92931,~eet East fr~"l the Northeast corner of Lot 7 of said Auditor's S~Ddivision No. 324 to a point in the South line of said Lot 9 distant 617.6 feet East from the Southwest ~orner thereof and lying North of the South line of Lots 7 and 8, Auditor's Subdivision No. 324 extended, except the East 50 feet front and rear thereof. Names of the parties interested in the above described land and nature of interest: Glen Kuch Rosemary Kuch Fee Owners William J. Windsperger Helen G. Windsperger Record Owners County of Hennepin Tax Lien Parcel 22-6 A temporary construction easement over the North 30 feet of Lot 8, Auditor's Subdivision No. 324 lying South of the South line of County Road No. 9. Names of the parties interested in the above described land and nature of interest: IndePende~t School District No. 281 Fee Owners County of Hennepin Tax Lien Parcel 22-9 A temporary construction easement over the North 30 feet of that part of Lot 9, Auditor's Subdivision No. 324, Section 17, Township 118, Range 21, described as follows: Beginning at a point on the South line of th~ Southwest quarter of the Northwest quarter (NWk) in said Section 17, distant 650.6 feet East of the South- west corner thereof; thence running East along said South line, a distance of 320.65 feet; thence running North a distance of 1,330.5 feet, more or less, to a point in the Southerly right-of-way of State Highway No. 55 as now laid out and constructed, said point being 326.5 feet West of the East line of the West one- half of the Northwest one quarter of said Section 17; thence running Westerly on said Southerly right-of-way of Highway Noo~ 55, a distance of 321.9 feet to a point which is distant 653.3 feet East of the West line of said Section 17, tl~nce South a distance of 1,325 feet to the point of beginning. Names of the parties interested in the above described land and nature of interest: John Ellis Canella Ellis Record Owners Countyof Hennepin Tax Lien Parcel 22-14 A temporary construction easement over the following described property: The. East zees. o.z. L%~'-~2'? ~-l~oc-!~"..1.~;-Mk~:c.,..v'a~-~~ ac.co~ing :to th~ ~ ~r .:.~i. at the:~mof ~'¢file :'~-~. ~ .~=o';d: i~ the:."of'~:~ o-f',~he... .~eSlst~=, 6i D~'~.ds $~ and :~or Hennepin County, Minnesota. ~ of ~hu M~=ti~ interested i~ the above dascribedland and nature of interest: .3 Vincent Carl Pete~som Adella W. Peterson Twin City Federal Savings and Loan Association County of Hennepin Fee Owners Horgagees Tax Lien Parcel 22-15 'A temporary construc~ion easement over the~ following described property: 20 feet of Lot 13, Block 1, Murray Lane £aaond Addition. The North Names of parties interested in the above described land and nature of interest: Robert E. Lee Marie Lo Lee Twin City Federal Savings and Loan Association County of Hennepin Parcel 22-16 Record Ow~ners Morgagee Tax Lien A temporary construction easement over the following described property: The North 20 feet of Lot 14, Block 1, Murray Lane Second Addition. Names of the parties interested in the above described land and nature of interest: Wayne A. Wander Ruth N. Wander Twin City Federal Saviug8 and Loan Association County of Hennepin Parcel 22-17 Fee Owners Morgagee Tax Lien A temporary construction easement over the following described property: The North 20 feet of Lot 17, Block 1, Murray Lane Second Addition. Names of the parties interested in the above described lind and nature of interest: Fee Owne.~' ~.~ Twin City Federal S~¥ings and Loan Association County of Hennepin Morgagee Tax Lien Parcel 22-18 A temporary construction easement over the following described property: The North 20 feet of Lot 18, Block 1, Murray Lane Second Addition. Names of the parties interested in the above described land and nature of interest: Norbert J. Rudie Florence G. Rudie Fee Owners Twin City Federal Savings and Loan Association County of Hennepin Morgagee Tax Lien Parcel 22-20 A permanent easement for sanitary sewer purposes over the following described property: The North 10 feet of the South 15 feet of the East 98.5 feet of the West 461.55 feet of the South 130 feet of the Northeast Quarter of the Northwest Quarter. of Section 5, Township 118, Range 21. Together with a temporary construction easement over the following described property: The South 40 feet of the East 98.5 feet of the West 461.55 feet of the South 130 feet of the Northeast Quarter (NEk) of the Northwest Quarter (NWk) of Section 5, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Arthur H. Attleson Frances Attleson Fee Owners The Minneap_Ais Savings and Loan Association Morgagee County of Hennepin Tax Lien Parcel 22-21 A permanent easement over the following described property: The North 5 feet of the South 15 feet of that tract of land commencing 461.55 feet East from the Southwest corner of the Northeast Quarter (NE~) of the Northwest Quarter (NW~) of Section 5, Township 118, Range 21; thence North 130 feet; thence East to the Southwesterl~ line of County Road No. 8; thence Southeasterly along said road line to the South line of the Northeast Quarter (NE~) of the Northwest Quarter (~4~) of said Section 5; thence West to the beginning. Together with a temporary construction easement over the following described property: The South~O feet and the most Northeasterly 20 feet of that tract of land commencing 461.55 feet East from the Southwest corner of the Northeast Quarter (NE~) of the Northwest Quarter (NW~) of Section 5, Township 118, Range 21; thence North 130 feet; thence East to the Southwesterly line of County Road No. 8; thence Southeasterly along said road line to the South line of the Northeast Quarter of the Northwest Quarter (NW~) of said Section 5; thence West to the beginning.~ Names of the parties interested in the above described land and nature of interest: Albert Vqjta IddaAnn R. Vojta Fee Owners Northwestern Federal Savings and Loan Association of Minneapolis Morgagee County of Hennepin Tax Lien Parcel 22-22 A temporary Construction easement over the following described property: The most NortheaSterly 20 feat of that part of the North 100 feet of the South 230 feet of that part of the Northeast Quarter of the Northwest QUarter (NW%) of Section 5, Township 118, Range 21, lying EaSt of the West 363,05 feet thereof and Westerly of County Road No. 8, Names of the parties interested in the above described laud and nature of interest: Edward H. Knockenmus Beatrice Ann Knockenmus Fee Owners Twin City Federal Savings and Loan Association Morgagee County of Hennepin Tax Lien Parcel 22-23 A temporary construction easement over the following described property: The most Northeasterly 20 feet of Tract E, Registered Land Survey No. 21. Names of the parties interested in the above described land and nature of interest: Donald A. Vcjta Catherine Vojta Fee Owners Metropolitan Life Insurance Company Morgagee County of Hennepin Tax Lien Parcel 22-24 A temporary construction easement over the following described property:. The most Northeasterly 20 feet of Tract D, Registered Land Survey No. 21. Names of the parties interested in the above described land and nature of interest: Edgar H. Hedin Fee Owner Federal National Mortgage Association Morgagee County of Hennepin Tax Lien Parcel 22-41 A temporary construction easement over the South 10.0 feet of the North 43.0 feet of the following described property: The East 30.0 feet of that part of the Northeast Quarter (NE~) of the Northwest Quarter (NW~) of Section 5, Township 118, Range 21, lying North of the following described line; Commencing at a point in the centerline of Osseo Road distant 275.61 feet Southeasterly from its intersection with the North line of said Section 5; thence East to a point described as follows; Commencing at a point in the North line of said Section 5 distant 644.5 f~-e~E~ast..from the Northeast corner of the Northwest Quarter (NW~) thereof; thence deflecting Southwesterly 104 degrees, 40 minutes to the right 289.8 feet to said point. Names of the parties interested in the above described land and nature of interest: Henry F. Pfaff Alice M. Pfaff Fee Owners The Minneapolis Savings and Loan Association County of Hennepin Parcel 22-42 Morgagee Tax Lien A temporary construction easement over the following descri.~-ed property: The North 20 feet of that part of the Southeast Quarter (SE~) of the Northwest Quarter (NW~) of Section 5~ Township 118, Range 21 lying No~th of the South 1025 feet thereof and West of the East 78.2 feet thereof~ Names of the parties interested in the above described land and nature of interest: Evert A. Carlson Record Owner Minneapolis Gas Company Easement County of Hennepin Tax Lien Parcel 22-47 A permanent easement for sanitary sewer purposes over the following described property: The East 5 feet of that part of the South 291.5 feet of the West 330 feet lying Northerly of road, of Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Section 6~ Township 118, Range 21; Together with a temporary construction easement over the following described property: The East 3Ofeet of that part of the South 291.5 feet of the West 330 feet lying Northerly of road, of the South- west Quarter (SW~) of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Maynard O. Knutson Fee Owner Northwestern State 'Bank Morgagee County of Hennepin Tax Lien Parcel 22-48 A permanent easement over the following described property: The East 5 feet of the North 237 feet of the South 528.5 feet of the West 330 feet of the Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Sec6ion 6, Township 118, Range 21. Together with a temporary construction easement over the following described property: The East 30 feet of the North 237 feet of the South 528.5 feet of the West 330 feet of the Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Virgil L. Lehmann Rosanna Lehmann Record Owners Lutheran Brotherhood County of Hennepin Morgagee Tax Lien PaCce 1 2~-49 A permanent easement over the follo~fngd~scribed p¥operty: The East 5 fe~t of the North ~0 feet of the South 618.5 feet of the West 330 feet of the Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Section 6~ Township 118, Range 21. Together with temporary construction easement over the following described property: The East 30 feet of the North ~'~0 feet of the South 6t8.5 feet of the West 330 feet of the Southwest Quarter (Sw~) of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Names of the parties interested in the above described land and nature cf interest: Eileen Reynolds Record Owner Minneapolis SaVings and Loan Association Morgagee Vernon P. Pouliot Betty Pouliot Contract Purchasers County of Hennepin Tax Lien Parcel A permanent easement for sanitary sewer purposes over the following described property: The East $ feet of the North 90 feet of the South 708~5 feet of the West 330 feet of the Southwest Quarter of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21~ Together with a ~emporary construction easement over the following described property: The East 30 feet of the North 90 feet of the South 708.5 feet of the West 330 feet of the Southwest Quarter of the Northwest Quarter (NW~) of Section ~ Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Eileen Reynolds Minneapolis Savings and Loan Association County of Hennepin Parcel 22-51 Record ~ner Morgagee Tax Lien A permmnent easement over the following described property: The East 5 feet of the North 145 feet of the South 853.5 feet of the West 330 feet of the South- west Quarter of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Together with a temporary construction easement over the following described property: The East 30 feet of the North 145 feet of the South 853.5 feet of the West 330 feet of the Southwest quarter of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Names of the parties interested in the above described land and nature of interest: Fred Addis Loretta Addis Record Owners Minneapolis Federal Savings and Loan Association Morgagee County of Hennepin Tax Lien Parcel 22-53 A permanent easement over the following described property: The West 5 feet of Lot 14, Block 3, Wonderland 1st Addition. Together with a temporary construction easement over the following described property: The West 30 feet of Lot 14, Block 3, Wonderland 1st Addition. Names of parties interested in the above described land and nature of interest: Northern Land & Realty Co. Record Owner First Federal Savings & Loan Association Morgagee of Minneapolis Mary Nesset Morgagee County of Hennepin Tax Lien Parcel 22-57 A temporary construction easement over the following described property: The South 7 feet of the North 120 feet of the South 153 feet, except the East 30 feet thereof of that part of the Northeast quarter (NE~) of the Northwest Quarter (NW~) of Section 5, Township 118, Range 21, described as follows: Commencing at a point on the South line of the Northeast quarter (NE~) of the Northwest quarter (NW~), distant 246.6 feet West from the Southeast corner thereof; thence East along said South line, a distance of 123.3 feet; thence North, a distance of 563.96 feet~ thence Westerly 122.1 feet to a point 563.96 feet North from the point of beginning; thence South to point of beginning. Names of parties interested in the above described land and nature of interest: Erland C, Lundberg Violet S~ Lundberg Fee Owners County Of Hennepin Tax Lien Parcel 22~58 A permanent easement for sanitary sewer purposes over the following described property: The No~th 10 feet of the South 15 feet of commencing at a point in the centerline of Osseo Road distant 830,53 feet Southerly along said center- line from its intersection with the North line of Section 5~ Township 118, Range 21; thence East 661,14 feet to a point being the actual point of beginning in a line which if extended would intersect the East line of the Northeast Quarter (NE~) of the Northwest Quarter (~) at a point 783.2 feet South from the Northeast corner thereof; thence along the last described line 154.6 feet~ thence South at right angles to the South line of said Northeast Quarter of the Northwest Quarter (~);thence North to beginning. Together with a temporary construction easement over the following described property: The South 40 feet of commencing at a point in the centerline of Osseo Road distant 830.53 feet Southerly along said centerline from its intersection with the North line of Section 5, Township 118, Range 21; thence East 661.14 feet to a point being the actual point of beginning in a line which if extended would intersect the East line of the Northeast Quarter (NE~) of the Northwest Quarter (N-W~) at a point 783.2 feet South from the Northeast corner thereof; thence along the last described line 154.6 feet; thence South at right angles to the South line of said Northeast Quarter (NE~) thereof; thence along the last described line 154.6 feet; thence South at right angles to the South line of said Northeast Quarter (NE~) of the Northwest Quarter (NW~); thence West 154.6 feet along said South line; thence North to beginning. Names of the parties interested in the above described land and nature of interest: Russell W. Young Fee Owner County of Hennepin Tax Lien Parcel 22-59 A permanent easement for sanitary sewer purposes over the following described property: The North 10 feet of the South 15 feet of -- Commencing at a point in the South line of the Northeast Quarter (NE~) of the Northwest Quarter (~M~) of Section 5, Township 118, Range 21 distant 401 feet West from the Southeast corner thereof; thence West along the South line thereof 235.3 feet to the centerline of Osseo Road; Thence Northwesterly along said centerline 155.45 feet~ thence Easterly at an angle of 127 degrees, 01 minutes to the right 329.54 feet to a point 124.2 feet North of beginning; thence South at right angles to point of beginning. Together with a temporary construction easement over the following described property: The South 40 feet of -- Commencing at a point in the South line of the Northeast Quarter (NE~) of the Northwest Quarter (NW~) of Section 5, Township 118, Range 21, distant 401 feet West from the Southeast corner thereof; thence West along the South line thereof 235.3 feet to the centerline of Osseo Road; thence Northwesterly 155.45 feet along said centerline; thence Easterly at am angle of 127 degrees, 01 minutes to the right 329.54 feet to a point 124.2 feet North of beginning; thence South at right angles to the point of beginning. Names of the parties interested in the above described land and nature of interest: Henry Bos Marjorie ~ Bos Fee Owners Donald E. Snetsinger Charlotte Snetsinger Morgagor Twin City Federal Savings and Loan Association Morgagee County of Hennepin Tax Lien Parcel 22-60 A permanent easement for sanitary sewer purposes over the followin~ described property: The East 5 feet lying South of the North 70 feet of that part of the West 330 feet of the South 3/4 of the Southwest Quarter (SWk) of the Northwest Quarter (NWk) of Section 69 Township 118, Range 2~ lying North of the SoUth 853.5 feet thereof. Together with a temporary construction easement over the following described property: The East 30 feet lying South of the North 45 feet of that part of the West 330 feet of the South 3/4 of the Southwest Quarter (SWk) of the North- west Quarter (NW~) of Section 6. Township 118, Range 21 lying North of the South 853.5 feet thereof. Names of the parties interested in the above described land and nature of interest: William E. Anstett Fee Owner Frank J. Anstett Marie Anstett Morgagees County of Hennepin Tax Lien Parcel 22-61A A permanent easement for sanitary sewer purposes over the following described property: The Southwest Quarter (SW~) of the Southwest Quarter (SW~) of Section 6, Township 118, Range 219 described as follows: Beginning at a point 1113.36 feet North of the South line of the West one half (W~) of the Southwest Quarter (SW~) and 970.0 feet East of the West line of the Southwest Quarter (SW~) of Section 6, Township 118, Range 219 thence Snuth 45 degrees West a distance of 5.0 feet; thence deflecting ~o the right 90 degrees a distance of 45.92 feet, then~ deflecting to the right 45 degrees a distance of 661.07 feet, the last described line being parallel with the West line of the Southwest Quarter of said Section 6; thence deflecting to the left 90 degrees a distance of ~o0 feet; thence deflecting to the right 90 degrees a distance of 60.0 feet; thence deflec- ting to the right 90 degrees a distance of 35.0 feet; thence deflecting to tim left 90 degrees and going North parallel with the West line of the Southwest Quarter (SW~) of said Section 6 to a point 5.0 feet South of as measured at right angles thereto, the South line of Bass Lake Road, as laid out and traveled as of June 1960; thence Westerly and parallel with the South line of said Bass Lake Road to the intersection of a line parallel with and 661.2 feet East of as measured at right angles thereto the West line of the Southwest Quarter (SW~) of said Section 6; thence North along said parallel line to the South lineof said Bass Lake Road; thence Easterly along the South line of said Bass Lake Road to the intersection with a line parallel with and 975.0 feet East c~f, as measured at right angles thereto the West line of the Southwest Quarter (SW~) of said Section 6; thence South along said parallel line to a point which is 1893.36 feet North of the South line and 975.0 feet East of the West line of the Southwest Quarter (SW~) of said Section 6; thence deflecting to the left 90 degrees a distance of 35.0 feet; thence deflecting to the right 90 degrees a distance of 60.0 feet; thence deflecting to the right 90 degrees a distance of 66.0 feet; thence deflecting to the left 90 degrees a distance of 656.93 feet, said last described line being parallel with the WeSt line of the South- west Quarter (SW~) of said Section 6; thence deflecting to the left 45 degrees a distance of 41.78 feet; thence deflecting to the right 90 degrees a distance of 5.0 feet to the point of beginning. Northwest Quarter (NW~) ~f th~ S~hw~L ~,~rt~ (~W~4) of S~tlo~ 6, To~n~H{p 118, Rap~e 21; described as beginning at a point 1113.36 feet North of the South line of the West one half (W½) of the Southwest Quarter (SW~) of said Section 6 and 970.0 feet East of the West line of the Southwest Quarter (SW~) of said Section 6, Township 118, Range 21, thence South 45 degrees West a distance of 30.0 feet; thence deflecting to the right 90 degrees a distance of 56.28 feet; thence deflec- ting to the right 45 degrees a distance of 761.43 feet, said last described line also being parallel wit~ t~ West line of the Southwc~ Quarter (SW~) df said Section 6; thence deflecting to the right 90 degrees a distance of 31o0 fe~t; thence deflecting to the left 90 degrees and going North parallel with the West line of the Southwest Quarter (SW~) of said Section ~ a point 60.0 feet South of as measured at right angles thereto the South line of Bass Lake Road, as laid out and traveled as of June 1960; thence Westerly parallel with the South line of Bass Lake Road to the intersection with a line parallel with and 636.2 feet East of, as measured at right angles thereto the West line of the Southwest Quarter (SW~) of said Section 6; thence North along said parallel line to the South l~ne of said Bass Lake Road; thence Easterly along the South line of said Bass Lake Road to the inter- section with a line parallel and 1~0o.0 feet East of, as measured at right angles thereto the Wes~ line of the Southwest Quarter (SW~) of said Section 6; thence South along said parallel line to a point which is 1923.36 feet North of the South line and 1000,0 feet ERst of the West line of the Southwest Quarter (SW~)of said Section 6; thence deflecting to the left 90 degrees a distance of 40.0 feet; thence deflecting to the right 90 degrees a distance of 12~.0 feet; thence de- flecting to the right 90 degrees a distance of 71.0 feet; thence deflecting to the left 90 degrees a distance of 616.57 feet, said last described line being parallel with the West line of the Southwest Quarter (SW~) of said Section 6; thence deflecting to the left 45 degrees a distance of 31.42 feet; thence de- flecting to the right 90 degrees a distance of 30.0 feet to the point of beginning~ Names of the partims interested in the above described land and nature of interest: Niels P. Jessen Fee Owner Benson-Evans, a co-partnership international Properties, Inc. County of Hennepin Option to Purchase Option to Purchase Tax Lien Parcel 22-62 A 10 foot permanent easement and a 60 foot temporary construction easement over the following described property: That part of theSouth Three Quarters (S3/4) of the Southwest Quarter (S~) of the Northwest Quarter (NW~) of Section 6, Town- ship 118, Range 21 lying East of the West 330.0 feet thereof and that part of the Northwest Quarter (NW~) of the Southwest Quarter (SW~) of said Section 6 lying Northerly of County Road No. !0 (Bass Lake Road). Said.easement b~i~g 5.0 feet and 30.0 feet respectively on either side of the following described centerline. Beginning at a point in the North line of the said South Three Quarters (S 3/4) lying East of the West 330.0 feet a distance of 367.58 feet East of the Northwest corner thereof; thence South parallel with the West line thereof a distance of 75.0~feet; thence West parallel with the North line thereof a distance of 367.58 feet to the West line thereof; thence South along said West line to a point distant 8.0 feet Northerly of as measured at right angles there~ to the centerline of the new proposed County Road No. 10 (Bass Lake Road) according to the condemnation proceedings in Hennepin County District Court Case No. 534921; thence Soutt~asterly parallel with and 8.0 feet Northeasterly of as measured at right angles thereto said last described centerline to the intersection with a line parallel with and 666.20 feet Easterly of as measured at right angles thereto the West line of said Section 6; thence South parallel with the West line of said Section 6 to the South line of County Road No. 1~ (Bass Lake Road) as now laid out and traveled as of June 1960 except therefrom that part lying within the road right-of-way. Names of the parties interested in the above describe? 1 'd and nature of interest: Nels P. Jessen Fee Owner County of Hennepin Tax Lien Parcel 22-63 A 10 foot permanent easement and a 60 foot temporary construction easement over the following described property: That part of the North Quarter (N~) of the Southwest Quarter (SW~) of the Northwest Quarter (NW~) of Section 6~ Townshi? 118, Range 21 except the West 50~.~ feet thereof. Said easements being 5.0 feet and 30.0 feet respectively on either side of the following described eenterline. Beginning at a point on the South line of the North Quarter (N~) of said Southwest Quarter (SW~) of the Southwest Ouarter(SW~) distant 697.58 feet East of the Southwest corner thereof; thence North at right angles to said South line a distance of 130.0 feet; thence deflecting to the right along a curve, having a radius of 112.74 feet~ for a distance of 139.15 feet; thence Northeasterly tangent to the last described curve a distance of 223.74 feet; thence deflecting to the right at an angle of 11 degrees, 24 minutes, 32 seconds a distance of 94.71 feet; thence along a curve to the right, having a radius of 715.03 feet, for a distance of 99.84 feet; thence along a line tangent to the last described curve a distance of 12C.0 feet to the Northeast corner of the said North Quarter (N~) of the Southwest Quarter (SW~) of the Northwest Quar- ter(NW~) and there te~ninating. Names of the parties interested in the above described land and nature of interest: Dan A. Burrill Edna Marie Hein Fee (Ywne r s Twin City Federal Savings and Loan Association Morgagee County of Hennepin Tax Lien Parcel 22-64 A 10 foot permanent easement and a 60 foot temporary construction easement over the following described property: The Northwest Quarter (NW~) of the Northwest Quarter (NW~) of Section 6, Township 118, Range 21. Said easements being 5.0 feet and 30.0 feet respectively on either side of the following described centerline. Beginning at the Southwest corner of said North- west Quarter (N-W~) of the Northwest Quarter (lqW~); thence West along the South line thereof a distance of 12~.0 feet; thence along a curve to the left, having a radius of 715.03 feet, for a distance of 99.84 feet; thence along a line tan- gent to the last described curve for a distance of 94.71 feet; thence deflecting to the left at an angle of 11 degrees, 24 minutes~ 32 seconds a distance of 223.74 feet and there terminating. Names of the parties interested in the above described land and nature of interest: Cuthbert T. Otten Pearl M. Otten Fee Owners Camden Northwestern State Bank of Minneapolis Morgagee County of Hennepin Tax Lien Parcel 22-65 A 5 foot permanent easement over the following described property: The North 5 feet of commencing at the Northwest corner of the Southeast Quarter (SE~) of the Northwest Quarter (N-Wk) of Section 6, Township 118, Range 21; thence East almng the North line thereof a distance of 247.7 feet; thence South parallel with ~h¢ West line thereof to a point 150.0 feet North from the centerline of Bass Lake R~; ~1~= w~ ~ ~1~ ~=~ ~ dloe~¢~ of 110.0 feet; thence So.th ~t right angles to the centerline of the aforesaid road; thonc~ Southw~$~orly along said centerline to the West line of said Southeast Quarter (SE~) of the Northwest Quarter (lqW~); thence North to the Beginning. A 30 foot temporary construction easement over the following described property: The North 30.0 feet of commencing at the Northwest corner of the Southeast Quarter (SE~) of the Northwest Quarter (N-W~) of Section 6, Township. Il8, Range 21; thence East along the North line thereof a distance of 247.7 feet; thence South parallel with the West line thereof to a point 150.0 feet North from the centerline of Bass Lake Road; thence West at right angles a distance of llc. O feet; thence South at right angles to the centerline of the aforesaid road; thence Southwesterly along said centerline to the West tine of said Southeast Quarter (SE~) of the Northwest Quarter (NW~); thence North to the Beginning. Names of the parties interested in the above described land and dature of interest:- Metropolitan Realty, Inc. Fee 0wne~ G. Clifford Malia Adelaide C. Malia Mortgagees County of Hennepin Tax Lien Parcel 19B A permanent easement over the following described property: The North 10.0 feet of the South 15.0 feet of the East 178,0 feet and the East 10.0 feet of the West 195.0 feet of the North 140.0 feet of the South 155.0 feet and the North 10.0 feet of the South 155,0 feet of the West 185.0 feet of that part of the following described property: That part of Tract B, Registered Land Survey No. 21 described as beginning at the Southwest corner of said Tract B; thence East along theSouth of said Tract B to the Southeast corner thereof; thence North along the East line of said Tract B 230.0 feet to the South line of Tract E in said Registered Land Survey; thence West along the South line of said Tract E and the same extended 153.05 feet; thence North parallel with the West line of said T~act B, 70.0 feet; thence West parallel with the South line of said Tract B to the West line thereof; thence South along the West line of said Tract B 300,0 feet to the point ofbegin~ ning. Together with a temporary construction easement over the following described property:- The South'40.O feet of the East 203.05 feet a~d the East 60.0 feet of the West 220.0 feet of the North 140.0 feet of the South 180.0 feet and the NOrth 60.0 feet of the South 180.0 feet of the West 170.0 feet of that part of the following described property: That part of Tract B, Registered Land Survey No. 21 described as beginn-. lng at the-Southwest corner of said Tract B; thence East along thS South line of said Tract B to the Southeast corner thereof; thence North along the East line of said Tract B 230.0 feet to the South line of Tract E in said registered land survey; thence West along the South line of said Tract E and the same extended 153.05 feet; thence North parallel with the West line of said Tract B 70.0 feet; thence West parallel with the South line of said Tract B to the West line thereof; thence South along the West line of said Tract B 300.0 feet to the~p°int of beginning; and the mos~ NOrtheasterl~ 20 feet measured at right ansles to CoO~ty Road 8 (West BrOadway), except the North 85 feet thereof. Names of the parties interested in the above-described lahd and nature of interest: Clyde james Grace James Fee Owners Farmers State Bank of Hamel Mortgagees County of Hennepin Tax Lien