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HomeMy WebLinkAboutCity Council Resolution 1970-469EXTRACT OF MINUTES OF REGULAR MEETING OF VILLAGE COUNCIL OF VILLAGE OF PLYMOUTH, MINNESOTA November '9, 1970 Pursuant to due call and notice thereof a regular meeting of the Village Council of the Village of Plymouth was held at the Village Public Maintenance Building at 14900 C 23rd Avenue North on November 9, 1970 commencing at the hour. of 7:30 o'clock p.m. The following members were present: Mayor Hilde, Councilmen Hintz, Johnson, Kindseth and Spaeth. The following members were absent: None. untilman Kind^eth introduced the following resolution and moved its adoption: "RESOLUTION NO. 70-469 A RESOLUTION DIRECTING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO PETITION THE MINNESOTA PUBLIC SERVICE COMMISSION FOR THE ESTABLISIIEIm AND LAYING OUT OF A PUBLIC HiGICIAY CROSSING ACROSS THE TRACKS OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AT THEIR INTERSECTION WITH NATHAN LANE IN THE VILLAGE; OF PLYMOUTH WHEREAS, the Village Council of the Village of Plymouth has received petitions for the laying out of Nathan Lane between 10th Avonue North and 13th Avenue North in the Village of Plymouth, and WHEREAS, said Village Council did on•tho 2nd day of November, 1970 adapt n resolution ordering that said improve- ment be made, and 'WHEREAS, said improvement will require that said Nathan Lane cross the right of way and tracI:s of the CtvfcaZo and Northwestern Railway Company, and WHEREAS, Section 219.40, Minnesota Siatuten provides that no highway shall belnid out over any railroad so as to cross at the same grade until such crossing has been approved by the Minnesota Public Service Commission, and WIMMEAS, a survey his been made of,said crossing and its precise location has been determined, and WHEREAS, the Village Council deems it to be necessary and desirable that said public crossing be established in connection with the laying out of said Nathan Lane. NOW THEREFOI{E, BE IT HEREBY RESOLVED BY TIME VILLAGE COUNCIL OF THE VILLAGE Olt' PLYMOUTH AS FOLLOJS: 1. That the Village Manager and Village Attorney be authorized and directed to petition the Minnesota Public Service Commission for the establishment and laying out of a public highway crossing across the tracks of the Chicago and Northwestern Railway Company at their intersection with Nathan Lane in the Village of Plymouth. 2. That the Village Manager and Village Attorney are hereby directed to attach this resolution to said petition, asking for a hearing on said petition as provided by law and to seek an order of the Minnesota Public Service Commission authorizing said crossing. The above motion was seconded . by Councilman Hintz' and upon vote being taken theroon the following voted in favor thereof: Kindseth. Mayor Hilde, Councilmen Hintz, Johnson, Spaeth and The following voted against: None. Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESM A ) COUNTY OF HENNEPIN ) SS. ) VILLAGE OF PLYMOUTH) I, the undersigned, being the duly qualified and acting Village Clark of the Village of Plymouth, Minneso ta, hereby certify that I have cnrefully compared the attacie_d and fore- going extract of minutes of a regular meetin, of the Village Council of said Village held November 2, 1970 with the original thereof on file in my office and the sante is a full, true ar.d I® N '" complete transcript thbrefrom insofar as the same relates to directin;; the Village Manaffer and Village Attorney to petition the Minnesota Public Service Commission for the establishment and laying out of a public highway crossing across the tracks of the Chicago and Northwestern Rnilway Company at their intersection with Nathan Lane in the Villigc of Plymouth. WITNESS hl hand officinll as such Village � y y Y 11 ge Clerk and the corporate seal of the village this 13th day of jiQ�rmt er , 1970. Ukj- Viliage U r c Village of Plym uth, Minnesota (Seal) -3- STATE OF MINNESOTA MINNESOTA PUBLIC SERVICE C=MISSION ` COUNTY OF HENNEPIN PETITION TO THE, MINNESOTA PUBLIC SERVICE COMMISSION CONCERNING THE ESTABLISHMENT AND LAYING OUT OF A PUBLIC HIGHWAY CROSSING ACROSS THE TRACKS OF THE CHICAGO AND NORTH- WESTERN `RAILWAY COMPANY AT THEIR INTERSECTIODni WITH NATHAN LANE IN THE VILLAGE OF PLYMOUTH r Village of Plymouth, Complainant, vs. Chicago and Northwestern Railway Company, Respondent. . - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - The Village of Plymouth, a municipal corporation organized under the laws of.the State of Minnesota, hereby petitions the Minnesota Public service Commission as follows: I. That a hearing be held before the Commission to approve the establishment and laying out of a public highway crossing of the tracks of respondent Chicago and NoTthWes�ern Railway Company within the Village of Plymouth which crossing is legally described as followa All that part of the right of way of the Chicago and Northwestern Railway Company in the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 118, Range 22 lying within 40 feet, measured at right angles, of each side of a line which runs South 239 12' 20" west from a point on the North line of said section which is 1153.83 feet, measured along said North line, from the Northeast . corner of said section. ee 1I. Said crossing is for the extension of Nathan Lane within the Village of Plymouth between 10th Avenue North and 13th Avenue North. Attached hereto as Exhibit "A" and made a part hereof as though fully set forth at this point is a survey of said Nathan Lane as it is proposed to cross said respondent's tracks. Complainant requests that the Commission, in its order approving said crossing, designate and order the type of safety device deemed ^ fi appropriate by the Commission for the protection of said crossing other than a Minnesota standard automatic electric highway railroad grade crossing signal which complainant does not believe is required at this time. IV. Attached hereto as Exhibit "B" and made a part hereof as? though fully set forth at this point is a certified copy of a resolution adopted by the Village Council of the Village of Plymouth on November 2, 1970 authorizing this petition and directing the Village Manager to proceed herein. VILLAGE OF PLYMOUTH Village .Manager -and- HOWARD, LeFEVERE, LEFLER, HAMILTON and PEARSON 2200 First National Bank Building Mirneapolis, Minnesota 55402 By Village Attorney STATE OF MINNESOTA) ss• ' COMITY OF HENNEPIPN) Angus Crawford and Herbert P. Lefler, being each duly sworn, on oath depose and say that they are respectively the Village Manager and Village Attorney of the Village of Plymouth, Minnesota, the complainant herein; that they are the persons who subscribed the within Petition, that the facts set out in such Petition are true and correct and'that they subscribed such petition as their -own free act --and deed; that said Petition is the free act and deed of the said Village of Plymouth. Subscribed and sworn to before me this day of October, 1970