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1972 ORD ORDINANCE NO. 72-1 AN ORDINANCE ADOPTING THE CODIFICATION OF NEW HOPE VILLAGE ORDINANCES AND GIVING NOTICE OF THE AVAILABILITY THEREOF The Village Council of the Village of New Hope hereby ordains: Section 1. Validity,. The codification of ordinances of the Village of New Hope contained in Chapter 1 through 13, and Appendices A through E herein is hereby declared to be the law of the Village of New Hope, made in accordance with Minnesota Statutes 412.191 (Subd. 5). Section 2. Repeals. All ordinances enacted by the Village of New Hope prior to enactment of the codification of the ordinances contained in Chapters 1 through 13, and Ap- pendices A through E, are hereby repealed, except Ordinances 54-1, 55-3, 58-4, 59-12, 60-9 and 62-12. Section 3. Effective Date. The codification of ordinances and resolutions contained in Chapters 1 through 13, and Appendices A through E herein is effective from and after the date of the second publication of this adopting ordinance. Section 4. Notice. Notice is hereby given that copies of this codification are available at the office of the Village Clerk-Treasurer. Section 5. Publication of Notice. The Clerk-Treasurer shall cause this ordinance and notice to be published for two (2) successive weeks in the New Hope-Plymouth Post. Passed by the Village Council of the Village of New Hope this 10th day of January, 1972. ~r -Treasurer Published in the New Hope-Plymouth Post January 20th and 27th, 1972. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. i E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publish lng Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST the and has fu II knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and Is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its totat circutation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystat in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiecf to his direction and control 1 - during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions t~he for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ed therein in : ,(s) Edward ~. E~ii;kson N~?~: the Engli~nguag~jonce each week, for. ~.'... successive weeks; that it was first so published on. Attest'. (s)Betty ....(Publishedc~erl~'TreeSorer' '~ 'in ~h'e-, ,N~ ~' ':Hope- th e~....~. ..... day of~~. ..... 19.?.~... and was thereafter printed and published on every..~..~...~.~J p ymouth Post on January'O an~i .27, 1972.) .~- ...... ~.-,~ *- ...... to and including the.~. ....... day o~ ..... '....~_~ ....... 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind Of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans ................ , .............. /~ ........ ~ :~.,.. ~(_,~.~. ~, .... ~. .................... me this .~ ........day Of...~ ....... 19.~. ..... ............................. (NOTARIAL SEAL) ~ ~ . Notary Public, .............................. County, ~y Commission ~xpires .............................. 19 ...... ORDINANCE NO. 72 - 2 AN ORDINANCE AMENDING SECTION 3.03, SECTION 3.04, SUBD. (I), SUBD. (3) AND ADDING SUBD. (7) THERETO; SECTION 3.05, SUBD. (6) AND SUBD. (7); SECTION 3.07, SUBD. (i); SECTION 3.08; ADDING SECTION 3.10 RELATING TO FEES AND APPLICATION FOR PE~41TS The Village Council of the Village of New Hope ordains: Section I. Section 3.03 is hereby amended by the addition thereto of Su~d. (I)(a) "Minimum Fee" as follows: Subd. (t)(a) Minimum Fee. In no case shall the fee charged for any permit as set forth in this Chapter be less than $5.00. Section 2. Section 3.04, Subd (I) "Residential" and'Subd. (3) "Repair or Alterations" are amended to read as follows: Subd. (I) Residential. For any permit for the erection of any building or structure other than commercial and industrial buildings and buildings of public assemblage or for the erection of any addition for similar occupancy to any existing building or addition included In such permit, shall be at the rate of $1.50 for each 1,000 cubic feet, or fraction thereof, in cubical content. Subd. (3.) Repair or Alteration. For any permit for the repair or alteration to any existing building or structure the fee charged for such permit shall be at the rate of $3.00 for each $500.00, or fraction thereof',.~in the cost of alt proposed work included in said permit, provided however, that no fee shall be charged for issuance of such permit if the cost of all proposed work does not exceed $50.00. Section 3. Section 3.04, Subd. (3) is hereby further amended by the insertion therein of sub-paragraph (a) to read as follows: Subd. (3)(a) Other Structures. For any such permit for the erection of a structure, othe~~ than a "building" as defined by the Building Code, or for re-- pairs or alterations to an existing structure, the fee charged for such permit shall be at the rate of $3.00 for each $500.00 or fraction thereof in the cost of all proposed work included in said permit for the first $50,000, and $1.50 for each ad- ditional'S500.00 or fraction thereof, in excess of $50,000. Section 4. Section 3.05 "Electrical Permit Fees" is hereby amended by the addition thereto of Subd. (15) "Electric Heating Systems", as follows: Subd. (t5) Electric Heating Systems. For any permit for the installation of electric heating equipment the fee for each permit shall be $10.00 for the first 28 kilowatts (96,000 BTU per hour) or fraction thereof, For each additional 14 kilowatts (48,000 BTU per hour) or fraction thereof, $3.00 shall be added to the above described fee for such permit. In addition to the electric heating permit, the usual electric permit shall be required as pro- vided in this ordinance. The installation of electric heating units to provide auxiliary heat for a given space will require an electric permit, but not an electric heating permit. Section 5. Section 3.06 "Plumbing Permit Fees", Subd. (2) "Fixture Openings", Subd. (3) "Setting Only", Subd. (4) "Miscellaneous Fixtures" are amended to read as fol lows: Subd. (2) Fi~ture Opgni. ngs. Where any such permit is issued for the installation of plumbing work providing for certain proposed fixtures which are to be installed or set later and for which fixture openings are to be left, a fee of $1.50 shall be charged for each such opening, which fee shall be in addition to the fee charged for other plumbing work, if any, included in the same permit. Subd. (3) Setting Only. Where any such permit is issued for the setting only of certain plumbing fixtures for openings previously left for same, a fee of $1.50 shall be charged for each such fixture, which fee shall be in addition to the fee charged for other plumbing work, if any, included in the same permit. Subd. (4) Miscellaneous Fixtures. Where any such permit is issued for any of the following specifically mentioned plumbing fixtures or other devices the fee which shall be charged for each such fixture or device shall be as follows and shall be in addition to the fee charged for other plumbing work, if any, included in the same permit: Beer dispenser, one connected with water supply $1.50 Blow-off basin 3.25 Catch-basin 3.25 Electric water heater $2.00 New ground run for existing building 3.25 Hydraui ic valve 3.25 Sump or receiving tank 3.25 Water treating device 5.00 Section 6. Section 3.06 "Plumbing Permit Fees" is hereby further amended by the addition thereto of Subd. (6) "Water Service, Supply and Distribution System" and Subd. (7) "Alterations, Repairs" as follows: Subd. (6) Water Service, Supply ~nd Distribu. ti~n Sys.tem. The Inspector of Buildings, before issuing any permit for the replacement of, or extension to any water service, water supply or water distribution pipe or system of piping in any building or structure, shall require the payment, by the ap- plicant for such permit, of fees to the amount hereinafter provided: For any permit for installing a water meter only $5.00; for any permit for installing a water treating device the fee shall be $5.00; for any permit for the extension of the water pipe or system of piping to a water using device or fixture, the installation of which does not require a plumbing permit, the fee for each such extension shall be based on the size of such extended distribution pipe as f.ol Ices: Size of Distribation Pipe Fee I/2" to I i/2" $3.00 Exceed i ng i" $5.00 For any extension of the water pipe or system or piping to a water using device or fixture for which a plumbing permit is required, such plumbing permit and the fee paid shall cover the installation of both the device or fixture and the water piping for such device or fixture. Subd. (7) Alterat!..ons, Repairs. For each permit for the alteration or repairing of exist- ing plumbing or for other plumbing work not included above, and for the alteration or repairing of any existing water service, water supply or water distribution pipe or system of piping, the fee shall be $3.00 for the first $100, or fraction thereof in the estimated cost of such proposed work; for each additional $100 or fraction thereof in such estimated cost, $1.50 shall be added to the above .prescribed fee for such permit. -4- Section 7. Section 3.07 "Gas Fitting Permit Fees" Subd. (I) "Regular Fees" is amended to read as roi lows: Subd. (i) ..Re,qular Fees. For installing gas piping, providing for not to exceed 3 gas fixtures or gas devices, the fee shall be $2.00; for any such permit providing for more of such fixtures or devices, the fee shall be $2.00, plus 75 cents for each in excess of three. For any permit for installing gas piping exceeding 2 inches in diameter and providing not to exceed 3 openings, the fee shall be $5.00, and for the piping for each additional opening provided, 75¢ shall be added to such permit fee. A gas piping permit will be required for connection to any gas burning device, except If the appliance being con- nected is a replacement of an original appliance of the same type. Where any such permit is issued for both gas piping and plumbing, the fee for such permit shall be equal to the com- bined fees for each of said classes of work or installation. Gas Stoves, Ranges, Etc. For any permit for installing gas stoves, ranges, gas water heaters, process gas burners, or other similar gas burning devices not used in connection with a heating system, the fee charged shall be as follows for each such device in- cluded in such permit: Input Fee Not exceed i ng 99,000 BTU $ 3. O0 I00,000 BTU but not exceeding 199,000 BTU 5.00 200,000 BTU but not exceeding 399,000 BTU I0.00 400,000 BTU but not exceeding 599,000 BTU 20,00 ~600,000 BTU but not exceeding 999,000 BTU 30.00 Section 8. Section 3.08 "Housing Moving Permits" is hereby amended to read as follows: 3.08 House Moving ~ermits For holding up, raising or moving any building or structure on the same lot, where the cost of such work does not exceed $100.00, the fee shall be $5.00. For such permit, where the cost of the proposed work exceeds $100.00, an additional fee shall be $2.00 for each $100o00, or fractional part thereof, in excess of $100.00 in the cost of such proposed work. -5- Minor buildings, as used in Chapter 3.00 of the Village Code, shall be taken to mean accessory buildings including, but not limited to, private garages, sheds, construction shacks, etc., as shall be determined by the Inspector of Buildings. For a permit for moving any building, except a minor building as herein defined, from one location to another on private property, or to a different lot over the streets of the Village of New Hope the fee shall be $65.00. For a permit for moving any minor building as herein defined, from one lot to another over the streets of the Village of New Hope, $15,00. The same permit fees shall apply to any bui Iding being moved through the Village of New Hope from a place outside the Village to another location outside the Vii lage. Before moving any building onto any lot or tract of land within the Vi I lage the owner of such property shall obtain a building permit at the same fee for new construction. The Bui Iding Inspector shal I have the approval of the Village Council before issuing a permit to relocate any building with- in the Village. Prior to obtaining Council approval the Building Inspector shall inspect the building to Insure that it could be brought up to existing codes, and would har- monize with buildings in the area where it is to be located. The cost of these inspections will be $50.00. Any expenses incurred by the Village in' man hours and travel expense for such inspection outside the Vi I lage limits shall be added to the cost of inspection. Secti.o..n ~. Chapter 3.00 "Fees and Applications for Permit" is hereby amended by the addition thereto of Section 3..10 "Signs, Bi I Iboards, Marquee Permit Fees" as roi lows: ~_.1:0 Siclns, B!.! !boards~ .l~arquee Permit Fees The Inspector of Buildings, before issuing any permit for the annual maintenance of any bi I lboard over 20 square feet i.n area or more than I0 feet above ground to any part of the structure, or the installation of any sign, bill- board or marquee, shall require the payment by the applicant for such permit of fees in the amount herein provided. Subd. (I) Sign. Placed Flat on Bui Idin.c/. For any permit for a sign placed flat on a building and' not exceed'ing I00 square feet in area, $5.00. -6 - For each additional 50 square feet, or fraction thereof, In excess of i00 square feet, in the area of any such sign, $2.00. Subd. (2) Flat and Ground Signs. For any. permit to erect a ground sign, a minimum fee of $5.00 plus $4.00 for each 50 square feet, or fraction thereof, in the area of such sign. Section I0. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council of New Hope, Minnesota, this . ~/~ day of ~~ , 1972. '" c=~t erk;Treasurer (Published in the New Hope-Plymouth Post on ../C~ /~ . . , 1972). work does each THE NEW HOPE-PLYMOUTH POST -iT, he F, in New s.ctio. ,. is AFFIDAVIT OF PUBLICATION amended by the addition thereto of S~bd~;'(t) (a) ?'Minimum Fee'" as taken fallows:. ( buildings in- Subd (1)(a,) Minimum Fee. eluding, but not limited to, pri~ate In ~o. can Shah the fee chargL~d .for ' garages~ sh ~.eds, construct, ion, ~hacks, anypermitas set~fo~h in this £h~pter etc., as shall .be ~determ~ned by the. TESOTA. be:~less .thee $5.00. Inspector of Btildings. For · permit ~ SS. Section 2. Section 3.04, Subd (1) for moving any building, except a JNEpI'~T '~Resirl~ntial'"and Subd, (3) "Repair~ 'minorbuildingeshereindefined, from one location to another on private ar AlteratiOns" are amended to read: .prOperty, or to a different lot over the .as. f61iows ~ Subd. (1) Residential. streets of the Village of New Hope the Per any permit for t~he erectio~k of fee shall be $65.~0. FOr a permit for any ,buJid ag'or structure other than moving any ~J~6~ building as herein defined, trOmbOne tot to another over lY sworn, on oath says he is and during all the times herein stated has been the President of cammercial and industrial .b~ildings ahd buffings Of public assemblage or the st~reets et theVillage of. New Hope, ublisher and printer of the newspaper known as for the ~r~Ction of any addition for 5;15.00. 'The Sah~e permit fees shall apply to any building being moved T~ ~T]~CW~OI~-I:)T,¥~,~O~T~ 1~O~ si~rTtilar ecc~pancy to any existing building or addition included in such through the Village of New Hope.from permit, shalJ be atthe r,~fe' of-$1.50 for a place outsid~ the Village fo another .he facts herein stated as follows: each 1,000 Cubic feet~ or fraction printed in the English language in newspaper format and in column end sheet form equivalent loc. etlon outSi.de the-.Vi!!?.g.e, . ~t 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each thor:eof, in-cubical content. : .Bef0~re ~o_v.m,g ?~ny D.?~!a~,n?o,n,T.o,.an¥ >er has 50 percent of its news columns devoted to news of local interest to the community Subd. (3) Repair er'.AlteretJon, io1' or Traci et lane wlinrn me vmaga · ' . . · ...... ~.. .~ and does not wholly duphcate any other pubhcahon and ~s not made up enhrely of patents, Fol..any permit for the re~eir or the owner of sucn propertysna ~oman ~ements. (4) Said newspaper is circulated in and near the municipality which Jt purports alter&f:lefl to any existing bL~ilding or a building permit at the came fee for st~ucfore the fee charged for such. new consfi-ucfion. The Building In- copies regularly delivered to paying subscribers, has an average of at least 75 percent of its permit shall be at the rate of $3.00 for specter shall have.theaparoval of the ' paid or no more than three months in arrears and has entry as second-class matter in its id newspaper purports to serve the each $500.00, er fraction thereof, inthe Village Council before issuing a cost of aH proposed work included .in - permit to'relocate any building wTthin ¥[I',[~AkC~I~, O~ ~T]~,W ~-{OIC)]h'~, ~Ak~T~) PT,~/~OLTr~z-~ said permit, provided however, that no~ the Vii'Iago. Prior to obtaining Council lee'shall be charged for .issuance of 'approval the Building Inspector shal'l and it has its known office of issue in the City of Crystal in said county, established and open such permit if the cost of all proposed inspect the bui-ld[ng to insure tl~a~t it ss hours for the gathering of news, sale of advertisements and sale of subscriptions and ~:ouid t~e b~'ought'up to existing codes, ing officer of said newspaper or persons in its employ end subject to his direction and control work does not exceed. $50.00~ . ' SeCtien 3. SeCtion 3.0~, Subd. (3) is and would harmonize with. buildings in )uts and at which time said newspaper is printed. (6) Said newspaper files a copy of each h~reh~ further '~mended by the Jn- the area where it is to be located. The ~ State Historical Society. (7) Said newspaper has complied with all the foregoing conditions sertion thereinof sub-poragraph (at to cost of these inspection~ will be $50.00. ceding the day or dates of publication mentioned below. (8) Said newspaper has filed with read as follows: Any expenses incurred by the Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form Subd.'(3)(a) Other StructureS. Village ihmen hours and travel ex- ~ry of State and signed by the managing officer of said newspaper and sworn to before a Furany s. uchpe?mTt for &he erect.ion p.e..ri, se fo~ s.uch ~nspection outside the he newspaper is a legal newspaper. eta st~ucture, bth'er~than a "building' y,Ilage JLm,ts shall be added tq the as defined ~ythe Buitd~ng Code, or for .cost of.:.ihs:pection. . repeir~ br~tforefions to :an existing ~ect~-9. Chapter~ 3.(~."Fees and ~at the printed ........................................... Structure, ,t~e:fee charged for.: such' .ApplJcatJofis for Permit" is hereby permit she ~e~qt.,the rateof S3~O0'f0r ~mended bY the addition ther. eto of each $500~00 ~r fracti0n-thereOf in the: sect[~ .~.~0 "signs, 8'!llboard$ .............................................................................................. coSt of all' Proposed work included in Marel~se.'e permit Fees '~ a.s ~f?lioWS: said permit_fo~' ate first SSO,000, .a.nd.- 3.10, ,$:igns/ Billboar~ls, Marquee sl.50 for each a'ddifional $500.00- oi- Permit Fees . hereof was cut from the columns of said newspaper, end was printed end published therein in fra~:tion thereof, in e~ce~s Of S50;000. :The Inspector' Of Buildings, before ~ ~ ~..~ ,/,~.~ Section' 4, S~tion 3.0~~ "Electrical issuing any Permit fQr the annual eachweek for / successveweeks'thatitwasfirstsopub shedon Permi't Fees' :is ~hePeby amended by ~ maiote~ce ef any billboard over 20 ~ , ~ · · ~i ................... the eddif o~ 't~Y~ of Subd, , (151' square feet in area ar more than 10 "EleCtric I~ n~ Systems," as i?eef above, ground to any part ot the ~./~/ follOWs: ' . structure, or'the 'installation of any ........ 19...'.~/.andwasthereafferprintedandpublishedonevery ..................... SUbd. (15) EleCtric He~flflg systems. ~igh~. billboard · ar 'marquee, 'shall Foranypermjt~erthe:~nsteilafion0f ' reqmre the payment bY the applicant ..... d~y of ...... ' .................. 19 ...... and that the following is a printed copy of the electric heating equipment the fee .for for S.uch permit Of .fees in the amount eachperrrtj.fshallbe.$10.00forthefirst . h~em provided: , 28.kilowatts (96,0~O BTU per hour)or Subd~ ~'I) Sign Placed Fiet on fraction thereof."For each additi6nal ' B41ildiog, ' . A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in 14 kilowatts [96,000 BTU per hour) or FOr any permit for a sign placed flat fr~act.ionthereef,$3;00shallbeaddedfe on a building and not exceeding 100 the above described .fee for .smch -' square feet in area~ $5.00. ationofsaidnotice, towit: permit, In add~0n to the electric For each additional 50 square feet, heating permit, the usual electric or fraction 'thereof, in excess of 100 permit shall be.~-equired aS provided i~ square feet, i~ the area of any such abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans thi~ ordinance. 'the installation. Of sign, $2.00. )'etect~ heating, units to provide Subd. (2) Flat and ~r~[end Signs. auXilr~t-y heat for a given ~pace will ' For any permit tO erect a ground requ re an electric permit, but not.an sign; a minimum fee of $5.00 plus $4.00 electr C heating i~ermit. ' for -eaCh '50 square feet, Or fraction Section S. Section 3.06 "Plumbing thereof, in the area of such sign. ~ . ' Permit Fees," Subd. (2)"Fixture Sectionlg. Thisardinanceshalltake ~-~"' ' // '~"'~ / / ..~....~..~..~....~ e..~../../ /_ Subd. (4) ~'Miscellaneous Fixtures" its passage and publication~ are amended,fo read as follqws~ · Passed by the Village Council Of ......... . Subd', '(2) Fixture. O~enings~ . New Hope, Minnesota. this 31st day of .................. · Where any such permJt, ris issued for January, 1972. the installation ~of plumbing Work. (st Edward J-. Ericks0n before proudin~ for certain proposed fi~- . Mayor ,~ ;lures Which are to be installed or set ATTEST: (st' Betty Pouliot , /~//__~/ later and for,.which fixture openings Clerk-Treasurer .... day of..J~..~'[..~.A.D., 19./.4::~. are to be left, a fee of SI.50 shall be . (Published in The New ~Hoj)e,- ~ ~-/ J chargod'for each' SUC~ opening, which . Plymouth Post on Feb. 10, 19i2).: ~. , ~ fee shall 'be in addition to the fee .~ ~..L. ~ :. ~..~ .-.-.~. ~ _ charged for other plumbing work, ,f ~ ~'~ aha/, included in the same permit; t~' - (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO.. 72 -- AN ORDINANCE ADDING SUBD. (5)TO SECTION 6.11 AND AMENDING SECTIONS 6.12, 6.14 ~SUBD. '(3.), (4.) AND. (5) OF THE VILLAGE CODE RELATING TO THE IMPOUNDING. OE VEHICLES The Village Council of the Village 'of NeW Hope 'Ordains: Se'Ct%O~ 1. Section 6.11 "Authority~ to Impound 'Vehicles" of the Villa'g'e Co~[e is amended by adding tkere~to· Subd. (5) to read as 'follows: "Subd. (5) When any vehicle is left parked or stand- ing upon any street in violation of Section 11.25 of the Village Code regarding Snow Remora 1 '~ Se~cti~on 2. Section 6.12 "Notice of Impounding"; Section 6.14 Subd. (3)-, "Towing and Storage Charges"'; Subd. (4.) "Poundkeeper's Bond"; and Subd. (5) ~'Insurance'"' of the'Village 'Code are amended to read-: "6.12 ~o~ti~ce:oflmpoun~d%ng. Within twelve hours from the. time of removal of any vehicle, notice of the impounding, together with', the designation of the' poundkeeper shall be given by the police to the owner of such Vehicle. Such notice may be made in person or by telephOne when possible, and if not possible, by registered mail to the' address of the registered'owner as indicated by the current state of Minnesota motor vehicle rDgistration." "6.14 Subd. (3) ToWing''an~d Sro'rage 'Charges. Towing and storage charges that "s~all be m'i'd'e ~f0r the' towing and storage or.any vehicle removed and impounded shall'not exceed the' amount agreed upon in any current-'cont~act between the Village and the poundkeeper, a true and correct copy of which shall be on file in the office of tke Clerk-Treasurer and the schedule of charges of such contract .is hereby made a part of this ordinance to' the same effect .as if set forth' verbatim herein. Subd. (4) P'oundkeeper,~s ~B'ond. The Poundkeeper shall post a $1'0,0'00 .bo'nd fi'led with the Clerk- Treasurer to indemnify the owner of any impounded vehicle against' loss thereof or injury thereto while in the. custo-dy of said poundkeeper. Said bond sh'~ll be conditi'oned to~ the 'safeke.ePing of the impounded cars~ accesso'ries and personal prop- erty, to~..reimbUrs~ment 'of the Vill~.ge for any loss it incurs tkereon, and to~. guarante~e performance of th~el eontract. Subd. (5) In's~ur~nce. Th.e Poundkeeper shall carry and ke~p i~'force Bodily Injury Liability an'~'Proper, ty D'am~ge insu'ranc'~-,i~ th.e amount '.of $100,08.0 per p'erson and $500,88.0 per occurance on all vehi'cles used' for towing .se:rvices and Bodily In.jury Liability and 'Property Damags Liability insurance in the amount of $100.,.00.0 on the premises of the poundkeeper to' w~ich the public may ente.r to' retrieve their property'. Said insurance to' be with a reliable insurance company license'd to~ do business 'in MinneSota. The poundkeeper.shall furnish and file with: th'e Cl'erk~'Treasurer, the insurer's :certificate' of Insurance containing endorsements- providing for a ten-day notice to' the Village before cancellation and that -the poundkeeper-.w~ll save the Village harmless'from all claims, expenses 'or damages arising out-of the performance of such contract If either said policy of insurance-or the 'bond provided in Subd. (4) is cancelled, the Poundkeeper, before date' of cancellation, shall furnish' and file a new .certificate of insurance or bond. In the event Poundkeeper is without insurance or bond provided herein, or b. Oth., the. contr~act will aut'omati'.cally be cancelled.'~ iSe~¢:ti.on' 3 'This ~ordinance shall take effect 'and be. in force' ~from" 'ah"d a"~'t'~r its. 'pass'~age 'and publication. Passed bY the Village Council~of the Village of New Hope, Minnesota. on this '~i~- day of' '~~' 1972,. Att..es t :: ~ ~lerk-Treasurer (Published in the New. iHope-'Plymouth Post this /o ~TF~z~7, 1972.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community ~ ~ which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in ifs employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a f set notary public stating that the newspaper is a legal newspaper. ~ He further states on oath that the printed ............ .~.~..~..~.."~...~'~..~..~..~.~......~... :.....~..~...~...~. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Engli~guage, o~nce ea_ch week, for.../~.., successive w~eks; that it was first so published on ~~~._ the./..~. ..... day of .~.~ .... 19. f.d~.., and was thereafter printed and published on every ..................... , ,ih to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: ~. ~: abcdefghijklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and s.~rn to before me th ......... day .D., 19.. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 72-4 AN ORDINANCE REPEALING SECTIONS 5.190 THROUGH 5.193 OF THE VILLAGE CODE ENTITLED SEWER AND WATER CONNECTION CHARGES D & E The Village Council of the Village of New Hope Ordains: Section 1. Chapter 5 of the Village Code is hereby amended by repealing therefrom Sections 5.190 through 5.193 entitled "Sewer and Water Connection Charges D & E." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~/~ day of January, 1972. (Published in the North Hennepin Post this /~ day of~-dm~, 1972.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average Of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed.. ~~'.~~... ~ .... 2. -~...~...~.4 ..................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Eng~sh ~g~ag~nc~ each ~eek~ f~r~ ~ .~` ~ ~s~cc~ssiv~e~ks; that ~t~as firsts~ pub~ished ~n `~ ` ~ ~ ~.~.??~.~ / the. ~. ·~· ..... d~5~'~ ay of..~.. ~ .~. ~,.... 19.?.~... and was thereafter printed and published on every / to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publlcation of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and swq~n to before ........ d ot ^ D ,9 ....... (NOTARIAL SEAL~' Notary Public, .............................. County, N~innesota N~y Commission Expires .............................. 19 ...... ORDINANCE NO. 72-5 AN ORDINANCE AMENDING SECTION 4.67, SECTION 4.92 AND SECTION 4.66 OF THE VILLAGE CODE RELATING TO SIGNS The Village Council of the Village of New Hope ordains: Section 1. Section 4.67 of the Village Code is amended to read: 4.67 Signs. Subd. (1) Purpose. Much valuable information is conveyed by certain business signs of local retail and service establishments, to the mutual benefit of both the business establishments and the public. It is the intent of this ordinance to encour- age such signs wherever they are consistent with public safety and promote the public convenience and general prosperity or welfare of the people, but to discourage signs which distract the attention of motorists or are other- wise hazardous, or which create a carnival atmosphere inconsistent with the suburban character of the Village. Subd. (2) Si~n Permits. No sign may be painted, constructed, erected, remodeled, relocated or expanded until a sign permit is obtained in accordance with the Building Code (See Section 3.20). No sign permit shall be issued for any sign unless the sign is a permitted use or is accessory to a permitted use (See Sections 4.51 and 4.52) and the sign is permitted by, and complies with the regula- tions of this section, provided, however, that the following types of signs are exempt from the permit requirement and from the regulations of this section, except they shall be set back from the street right-of-way line a distance of at least one-half (1/2) of the minimum setback specified in the district regulations: (1) Flags or emblems of a national, federal or state government, or a subdivision thereof, displayed on private property. ~2) Signs of a duly constituted governmental body, including traffic '¥ ~ .... or similar regulatory devices, legal notices and warnings at ~,. rail road crossings. (3) Memorial signs and tablets displayed on private property. (4) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the require- ments of such law, order, rule or regulation. (5) Small signs, not exceeding two (2) square feet in area, dis- played on private property for the convenience of the public including signs to identify rest rooms, freight entrances, garage and rummage sales and the like. Garage and rummage sale signs shall show, clearly imprinted, the name and address of the person placing the sign, or responsible for the same. -2- (6) Small signs, not exceeding eight (8) square feet in area, dis- played on private property, containing matter which is intended or tends to influence directly or indirectly any voting at any primary, general, municipal, special or school election, in- cluding pictures or announcements relative to candidates or campaign advertising. Provided further that the following types of signs are exempt from the permit fee but shall obtain a permit: (7) Signs permitted by Subdivision (8), paragraph (2) of this section. Provided further that the following types of signs are exempt from the permit requirement but must comply with all of the other regulations of this section: (8) Signs permitted by Subdivision (5), Subdivision (6), and Sub- division (8), paragraph (1) of this section. Subd. (3) General Standards. All signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with the following standards: (1) Banners, Pennants, Streamers, Strings of Lights, Search- lights. No banner, pennant, streamer, string of lights, searchlights or any other similar sign shall be permitted, except as provided in Subdivision (8) of this section; pro- vided, however, that upon a change of ownership or manage- ment, commercial establishments shall be permitted for a period of seven (7) consecutive days for a "grand opening", as such term is commonly used, said seven (7) days shall be within thirty (30) days of the change of ownership or management. (2) Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any Residential District or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any single family Residential District, which sign is visible from such single family Residential District, shall not be illuminated at any time between the hours of 11:00 p.m. and 7:00 a.m., when the operator of the business or use is not open for business. (3) Flashing or Moving Signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or creating the illusion of movement shall be permitted. (~) Projecting Signs. No projecting sign shall be permitted. A ~j~ ~,~ projecting sign is any sign which is attached to a building i~?-~.~ ~.'and projects more than twelVe (12) inches beyond the wall ~ surface of said building. -3- (5) Accessway or Window. No sign shall block any required access- way or window. (6) Signs on Unimproved Property. No sign shall be located on property unimproved with a building except a sign advertising the premises for sale or lease which meets the standards of Subdivision (6) of this section or is a permitted use under Section 4.30 of this Code. ?~(7) Signs on Trees, Fences or Utility Poles. No sign shall be '~ , L. attached to a tree, fence pole or utility pole whether on !~ public or private property. (8) Building and Electrical Codes Applicable. All signs shall be wired to conform to the electrical code of the State of Minnesota. Sign structures shall be designed to provide a forty (40) psf snow load and a twenty-five (25) psf wind- pressure. (9) Area of Sign. Sign area shall be the gross surface area further defined as the entire area within a single continuous !~ perimeter enclosing the extreme limits of such sign and in no ~,,_. case passing through or between any adjacent elements of same. (~] ~ Such perimeter .shall not include any structural or framing .~ ~ elements lying outside the limits of such sign and not form- ing an integral part of the display. For computing the area of any wall sign which consists of letters mounted or paint- ed on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the 1 etters. (10) Traffic Safety. No exterior sign or sign located in the interior of a building but visible through a window shall be maintained at any location where by reason of its position, size, shape or color it may obstruct, impair, obscure, inter- fere with the view of, or be confused with any traffic con- trol sign, signal or device, or where it may interfere with, mislead or confuse traffic. (11) Obsolete and Off-Premises Signs. No sign shall be permitted which advertises a business whiCh is not being presently con- ducted on premises on which the sign is located, except ad- vertising signs qualifying as permitted uses under Section 4.30. (12) Maintenance of Signs. All signs, including electrical wiring, supporting structures, guy wires or chains, shall be properly maintained and kept in a safe condition. The owner of any sign shall be required to have properly painted, at least once every three years, all parts and supports of the said sign, unless the same are galvanized or otherwise treated to pre- vent corrosion. -4- i(13) Political or Election Signs. No person shall permit or allow ~, any sign of the type referred to in Subdivision (2), para- ~'~L graph (6) of this Section to be located or maintained on his ~i~ property more than 30 days before or 5 days after the election to which the sign relates. ~(14) Window Signs. Lettering or letters of interior window signs shall not be larger from top to bottom than five (5) inches ~ nor wider than one (1) inch. Interior window signs shall not · be of the gaseous tube type nor shall they be illuminated by interior means of lighting directed toward the window. An interior window sign means a sign affixed to a window or with- in a distance of 36 inches from the window. (15) Garage or Rummage Sales. No person shall permit or allow any sign of the type referred to in Subdivision (2), paragraph (5) of this Section as a sign for garage or rummage sales, to be located or maintained on his property more than five (5) days before or one (1) day after the sale to which the sign relates. Subd. (4) Signs Acg_essory to Residential Uses. Each sign accessory to residential uses shall be set back from the street right-of-way line a distance at least one-half (1/2) of the re- quired minimum setback specified in the district regulations, except for signs permitted under paragraph 2 of Subdivision (6) of this section, which shall fully comply with the minimum setback requirements for that district, and except for nameplates permitted under paragraph (1) of Subd. (5) of this section which may be located any where in the front setback area for that district. No sign accessory to any residential use shall be permitted except in compliance with the following regulations: Subd. (5) Name Plate, Directional and Identification Signs. Name plate, directional and identification signs shall be permitted subject to the following regulations: (1) For each single family dwelling there shall be permitted one (1) name plate not exceeding one (1) square foot in area in- dicating the name and/or address of the occupant. ~'(2) For each multiple family dwelling there shall be permitted one ,~,~-'~ ~(1) identification sign not exceeding five (5) square feet in ~ area located near the main entrance to the building and in- dicating only the name and address of the building and name of the owner or manager thereof. (3) In connection with the construction or remodeling of a build- ing there shall be permitted one (1) sign not exceeding twenty- five (25) square feet in area indicating the names of any or all of the architects, engineers and contractors~engaged in the construction; on corner lots two (2) such signs, one fac- ing each street, shall be permitted. Any signs permitted -5- under this paragraph shall be removed by the person or persons erecting the same not longer than two (2) weeks after final inspection by the Building Department of the structure in- dicated. Subd. (6) "For S.ale" and "To Rent" Signs. "For Sale" and "To Rent" signs shall be permitted subject to the following regulations: For sale or rental of real property, there shall be no more than one (1) such sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. No such sign shall exceed twelve (12) square feet in area, and no such sign shall be illuminated. Each such sign must be devoted solely to the sale or rental of the property being offered and must be removed immediately upon the sale or rental of the property. Each such sign must be placed only upon the property offered for sale and shall not be positioned closer to the property line than 50% of the set- back required within the particular zoning district in Which the property is located. (2) Where more than six (6) dwelling units (or lots for dwelling purposes) are offered for sale or rental by the same party, signs advertising such sale or rental may be constructed therefor in any district. Each such sign shall not exceed eighty (80) square feet in area; shall be located at least 130 feet from any pre-existing home; and shall be removed within two years or when the particular project is 75% sold out, whichever is the shorter time. (3) In the event of an industrial or commercial sale or rental of real property, there shall be permitted one (1) sign facing each public street providing access to the property being offered. Each such sign shall not exceed one hundred twenty (120) square feet in area and must be devoted solely to the sale or rental of the property being offered and must be removed immediately upon the sale or rental of the last property offered at that location. Subd. (7) Signs Accessory to Parking Areas. Signs accessory to parking areas are permitted subject to the follow- ing regulations: (1) One (1) sign may be erected to designate each entrance to or exit from a parking area; each such sign shall be no more than two (2) square feet in area; such signs are exempt from minimum setback requirements but shall be located at least one (1) foot behind the lot line. -6- (2) One (1) sign designating the conditions of use shall be per- mitted at each entrance to a parking area; each such sign shall be limited to a maximum area of nine (9) square feet; such signs are exempt from minimum setback requirements. Subd. (8) Signs Accessory to Churches, Schools or Non-Profit Institutions. Signs accessory to churches, schools or non-profit institutions are permitted subject to the following regulations: (1) There shall be not more than one (1) sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. No such sign shall exceed twenty (20) square feet in area. Such signs shall be set back from the street line a distance at least one-half (1/2) of the mini- mum setback specified in the district regulations. (2) Temporary signs, banners and displays for church, school, institutional or civic event are permitted but must be located on property owned or controlled by the church, school, institution, or civic organization and may be dis- played only during a period commencing thirty (30) days prior to the scheduled event and ending three (3) days after closing date of said scheduled event. Subd. (9) Signs Accessory to Business or Industrial Uses. No sign accessory to any business or industrial use shall be per- mitted, except in compliance with the regulations of Subdivisions (10) through (15), inclusive: Subd. (10) Front Wall Signs. (1) A sign or signs shall be permitted on the front wall of any principal building. The total area of such sign or signs shall not exceed 15% of the area of the front face (including doors and windows) of the principal building in Limited Business, Retail Business and General Business Districts, and 10% in Limited Industry and General Industry Districts, provided that the total area of such sign or signs shall not exceed two hundred (200) square feet. (2) Where a single principal building is devoted to two (2) or more businesses, commercial or industrial uses, the operator of each such use may install a front wall sign. Each opera- ~.~.~. tor shall be permitted a sign or signs, the maximum area of ¥ which shall not exceed 15% of the area of the proportionate share of the front face (including doors and windows) of the principal building occupied by each such use, in Limited Business, Retail Business and General Business Districts, and 10% in Limited Industry and General Industry Districts, and provided that the total area of sign or signs of each such use shall not exceed two hundred (200) square feet. -7- (3).. Front wall signs which do not violate Paragraph (4) of Sub- division (3) of this section may project not more than twelve (12) inches beyond the minimum setback. (4) Signs constructed of metal and illuminated by any means re- quiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clear- ance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet to ground. In the event that a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit con- ductors and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. (5) Front wall signs may be gaseous tube type or may be illumin- ated by interior means of lighting of an intensity to pre- vent excessive glare and shall comply with the regulations established in Section 4.66. (6) Front wall signs that meet the following characteristics may be increased by twenty-five (25) percent of the allowable sign area permitted in Paragraph (1) of this subdivision, except that the total area of such sign or signs shall not exceed two hundred (200) square feet. Front wall signs which consist only of individual, outlined alphabetic, numeric and symbolic characters without background except that pro- vided by the building surface to which they are affixed. If illuminated, such illumination be by internal shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself if visible or exposed on the face or sides of the characters. Subd. (ll) Side Wall Signs. Side wall signs shall be permitted subject to the following regula- tions: (1) The total area of such sign or signs shall not exceed nine (9) square feet. No side wall sign other than a sign pro- vided in the succeeding sentence shall make use of any word, phrase, symbol or character other than to designate delivery areas. Notwithstanding the foregoing, if the main entrance to a particular use in the principal building opens on a side wall, the operator shall be permitted a sign or signs on the side wall of the principal building, provided the total area of such sign or signs shall not exceed 15% of the area of his proportionate share of the side face (including doors and windows) of the principal building nor 200 square feet. (2) If an operator is permitted a sign pursuant to the third sentence of Paragraph (1) above, the regulations set forth in Subdivision (10), Paragraphs (4), (5) and (6) shall apply to such signs. -8- (3) If a side wall sign is illuminated, it shall comply with regulations established in Section 4.66. Subd. (12) Rear Wall Signs. A sign or signs shall be permitted on the rear wall of any princi- pal building subject to the following regulations: (1) The total area of such rear wall sign or signs shall not exceed nine (9) square feet. No rear wall signs, other than a sign provided in the succeeding sentence, shall make use of any word, phrase, symbol or character other than to designate delivery areas. Notwithstanding the foregoing, if the main exit (as defined in the Building Code) to a particular use in the principal building opens on a rear wall, the operator shall be permitted a sign or signs on the rear wall of the principal building, provided the total area of such sign or signs shall not exceed 15% of the area of his proportionate share of the rear face (including doors and windows) of the principal building nor 200 square feet. (2) If an operator is permitted a sign pursuant to the third sentence of Paragraph (1) above, the regulations set forth in Subdivision (lO), Paragraphs (4), (5), and (6) shall apply to such sign. (3) If a rear wall sign is illuminated, it shall comply with regulations established~in Section 4.66. Subd. (13) Ground Signs. Four (4) ground signs shall be permitted on any lot subject to the following regulations: (1) One of the aforementioned four ground signs may be an identi- fication sign (single or double faced) and may project into the required front setback area not closer than 10 feet to the street right-of-way line. The area of such identification sign shall not exceed sixty (60) square feet on either side, provided that on a lot with a frontage greater than sixty (60) lineal feet, the sign area in square feet may be as great as the lineal feet or frontage but in no event greater than ninety (90) square feet on either side. (2) All other ground signs permitted by this section shall be set back from the street line a distance at least one and one-half (1 1/2) times the minimum setback requirement of the district in which they are located, in addition to meet- ing the other bulk regulations of such district. (3) The area of any ground sign other than an identification sign shall not exceed sixty (60) square feet on either side. (4) No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. (5) The maximum height of any ground sign including any structural component of any nature shall be twenty-five (25) feet. (6) Signs constructed of metal and illuminated by any means re- quiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet to ground. In the event that a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. Subd. (14) Roof Signs. ~'~.~'~ ~ No part of any sign shall be maintained on the roof, or in the air space over the roof of any building or structure. Subd. (15) Awnin~ or Canopy Signs. Letters may be painted or otherwise affixed to any permissible awning or canopy subject to the following regulations: (1) Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (2) Lettering or letters shall not be larger from top to bottom than twelve (12) inches. (3) Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products produced or sold or service rendered therein. (4) Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. Subd. (16) Signs AccessQ.ry to Automobile Service Stations. The following signs accessory to automobile service stations are permitted in addition to the signs permitted under Subdivision (9) of this section: (1) Racks for the orderly display of cans of engine oil for con- venience in dispensing said oil may be located on or at the ends of pump islands. (Limit of two (2) to each island). - 10- (2) Two (2) open portable tire racks (not more than seven (7) feet in height including signs, and six (6) feet in length) on casters for the purpose of displaying new tire casings shall be permitted for each gasoline or tire service statiOn. Additional such racks shall be permitted, but each such ad- ditional rack shall constitute one (1) of the four (4) ground signs permitted under Subdivision (13) of this section. (3) Portable signs, placards, pennants, streamers, flags (except the U.S. flag), revolving placards and all other signs not specifically permitted in this section are prohibited, except for grand openings, as provided in Subd. (3) (1) as to grand openings. (4) One (1) sign, (single or double faced) per frontage on streets designated as major arterials in Section 4.23, Subdivision (4), suitable for apprising persons of the total sale price per gallon. The area of such price sign shall not exceed 16 square feet on either side. Each such sign shall be affixed to the pylon, pedestal or standard of a ground sign or light fixture, and shall state the total price. No sign posting an incomplete price or less than the total sales price is permitted. Subd. (17) Si.~n.s Accessory to Shoppin~ Centers. The following signs accessory to shopping centers are permitted in addition to the signs permitted under Subdivision (9) of this section: (1) One additional ground sign per thoroughfare (single or double t..~' faced) may be used as an identification sign for the shopping ~ ~ center. Individual businesses within the shopping center may ~ not be advertised thereon~ These provisions will apply to !~,~.'~. shopping centers notwithstanding the provisions of Subd. (13). (2) Individual businesses within a shopping center will be allowed no ground signs, notwithstanding the provisions of Subd. (13). ,.~ (3) Each business located in such shopping center shall be allowed a front wall sign as provided in Subdivision (10) even if such individual business shall not have a frOnt face upon the ex- terior of the shopping center building. This front wall sign of a store without an exterior front shall be required to be submitted by the developer as part of an overall total sign plan for the shopping center. Subd. (18) Advertisin.~ Signs (Billboards). All advertising si.gns hereafter painted, constructed, erected, re- modeled, relocated or expanded shall comply with the following standards in addition to those established in Subdivision (3) of this section: (1)The minimum setback requirements for the General Business dis tri cts. -11 - (2) Not more than one back to back advertising sign shall be con- structed upon one lot or tract of ground. No advertising sign shall be constructed on a lot or tract of ground, if such lot or tract is already improved by a building. (3) The total area of sign shall not exceed three hundred fifty (350) square feet. (4) The maximum height of any advertising sign shall be twenty-five (25) feet from the ground. Subd. (19) No.nconforming Signs. Lawful nonconforming signs may be maintained subject to the following regul ati ons: (1) Where any nonconforming sign projects over public property, the owner shall post with the Building Inspector, a bond or indemnity policy (or a certificate thereof by the surety or insurance company with a ten day (10 day)' prior notice of cancella- tion provision), approved by the Village Manager, in the sum of ten thousand dollars ($10,000) conditioned to indemnify the Village for any loss, cost, damage or liability of or in- curred by the Village resulting from the maintenance of said sign. (2) Normal maintenance, such as painting, repairing without re- moval, cleaning, maintaining electrical wiring and appurtenances on site and changing or repairing fasteners or guy wires or chains shall be permitted on any lawful nonconforming sign. (3) In any district any lawful nonconforming sign which does not comply with all of the regulations of this section shall be eliminated or made to conform by February 1, 1977, provided, however, that: (i) signs of the type prohibited by Sub- division (16), Paragraph (3) of this section and (ii) signs of the type prohibited by Subdivision (3), Paragraph (6) of this Section, shall be eliminated by December 31, 1972, and provided, however, that any lawful nonconforming sign which advertises a business no longer being conducted on the premises shall be eliminated by July 1, 1972. Subd. (20) Sign Variance. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this section, the Board of Appeals and Adjustments have the power to vary the require- ments of this section in harmony with the general purpose and intent here- of, so that the public health, safetY and general welfare may be secured and substantial justice done The varia~Dn~_?rocedure provid~d~!n Secti~oD~ 4.84, 4.604 and 4.605 shall ~e followec~;~i exc6~h~'t--'~ d~signated ~!~'i'~ shopping centers as defined in the Vill~e Code maY Present full and com- ~ plete sign plans for the entire center. Such plan, when approved by the ~' Village Council shall constitute the permitted signs for that center and any future change to such plan shall be submitted under the variance pro- cedure and when adopted shall become part of the plan.! - 12- Section 2. Section 4.92, Subdivisions (45), (49), (51) and (53) are amended to read: Subd. (45) Sign. Sign: Any writing (including letters, words, or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character: (1) Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the grQund, and (2) Is used to announce, direct attention to, or advertise, and (3)Except where the context clearly indicates otherwise, is not located inside a building. Subd. (49), Sign Identification. Identification Sign: The principal sign identifying the business conducted on the premises. In Residential Districts, the sign identi- fying a resident, school, church or other non-business use. Subd. (51) Si~n, Ground. Ground ~ign: Any sign placed upon, or supported by the ground in- dependently of the main building or structure on the property. Signs on accessory structures shall be considered ground signs. Subd. (53)~ Si.~.n., Gross Surface Area. _ ~ ~ Sign, Gross Surface Area; See definition in Paragraph (9) o3 Sub- division (3) of Section 4.67. Section 3. Section 4.92 of the Village Code is amended by adding thereto the following subdivisions: Subd. (9A) Bulk Regulations. Bulk Regulations: Regulations controlling the size of buildings or other structures and the relationships of buildings, structures, and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling: (1) Maximum height; (2) Minimum lot size; (3) Maximum lot coverage; (4) Minimum lot width; (5) Minimum size of yards and setbacks. -13- Subd. (IOA) Canopy. Canopy: Any structure, movable or stationary, attached to and de- riving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements. Subd. (56A) Wall,~ Front. Wall, Front: The wall of a building which is nearest to, and most nearly parallel to, the front lot line of the lot on which the building is located. Subd. (57B) Wall, Rear. Wall, Rear: The wall of a building which is nearest to, and most nearly parallel to, the rear lot line of the lot on which the building is 1 ocated. Subd. (57C) Wall, Side. Wall, Side: Any wall of the building other than a front wall or a rear wal 1. Subd. (57D) Wall Sign. Wall Sign: A sign on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure, or in which the wall forms the background surface. Section 4. Section 4.66~of the Village Code is amended to read: 4.66 G1 are. IN ALL DISTRICTS, any lighting used to illuminate an off-street park- ing area, yard, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from flood lights or from high- temperature processes such as welding or combustion shall not be directed into any other property. The source of light shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or right-of-way. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candles (meter reading) as measured from the residential property. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle as measured from the centerline of the street. Section 5. This ordinance shall be in full force and effect from and after its passage and publication. - 14- Section 6. Any person violating any provisions of this ordinance shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $100. Each day of continued violation, after citation or complaint, shall be deemed a separate offense and chargeable and punishable accordingly. Passed by the Village Council of the Village of New Hope this /.~ day ofx/~¢.~. , 1972, and amended prior to publication on May 22, 1972. ~?E~ward ~J. ~E~ri ckson 1)e.t~l lot Vi 11 age C1 erk-Treasurer (Published in the New Hope-Plymouth Post ~-u/¥ /-~ , 1972). ! exceed !5 pe~-~'ent of the area ot~tfie':* :?* ~ .-,islands; ~cLi~it~ .proportionate share of the front island), i' : ' ' ~ . face (including doors and win* {2)Two (2)' open portable tire dows) of ~he princ pal build ~g (not more than seven (7) feet occupied by ~ach Such use, in height including signs and slxt ' Limited Business, Retail Business feet in,,length) on casters for 1~ and G~neral Business Districts, purpose of 'displaying 'neW tI and 10 per Cent in Limited industry casings shall be permitted for eel and General Industry Districts, gasoline or tire service statiC' sign or signs of each such use shall permitted, but each such all '([/6[ '0[ pue Et Alnl- lsod 61-d '6t'J,~-~ '~1~ 'Jo:) a:~lu 'olP ~ and provided that the total area of Additional such racks shall ~,~, ORDINANCE NO. 72-5 painted, at least once every three square feet. (1) of the four (4) ground sig~ ANORDINAN.CEAMENDING years, all parts and supports of (3) Front wall signs which 'do notpermitted under Subdivision [1: ~i~ SECTION 4.67, SECTION 4.92AND thesaid sign, unless the same are violate Paragraph (4) of Sub- of this section. SECTION 4.~OF THE VILLAGE galvanized or otherwise treated division (3) of this section may (3) Portable signs, placards,' pe~ CODE RELATING TO SIGNS to prevent corrosion, project not more than twelve (12) nants, streamers, flags (except tt Villageof New Hope, Minnesota (13) Political or Election Signs. No inches beyond the minimum set- U.S. flag), revolving placards an~ The Village Council of the Village ofperson shall permit or allow any back. e other signs not specifica I' New Hope ordains: ' sign of the type referred to in (4)Signs constructed of metal and permitted in this section al; Section 1. Section 4.67 of the VillageSubdivision (2), paragraph (6) illuminated by any means prohibited, except for granc Code is amended to read: of this Section to be located or requiring internal wiring or openings, as provided in Subd. (3 Subd. (1) Purpose. than 30 days before or 5 days tures attached to a metel sign shall (4)One (1) sign, (singie or double local retail and service (14) Window Signs. Lettering or let- fixtures attached to a non-metal Section. 4.23, "Subdivision.. (4) of both the business establishments shall not de larger from tol~ to clearance of nine (9) feet to the total sale price per gallon. The and the public. It is the intent of this bottom than five (5) inches nor ground. In the event that a metal area of such price sign shall not welfare of the people, but to of lighting directed toward the said structure or fixture is also fixture, and Subd. (2) Sign Permits. person shall permit or allow any tube type or may be illuminated by The following signs structed, erected, remodeled, Subdivision (2), paragraph (5)intensity to prevent excessive addition to relocated or expancled until a sign of this Section as a sign for gar. glare and shall comply with the Subdivision (9) permit is obtained in accordance with age or rummage sales, to be Io- regulations established in Section(1) One additional the Building Code (See Section 3.20). cared or maintained on his prop. 4.66. thoroughfare No sign permit shall be issued for anyerty more than five (5l days (6] Front wall signs that meet thefaced) may be sign unless the sign is a permitted use I~efore or one (1) day after the following characteristics may be fification sign for the or is.accessory to a permitted use (See sale to which the sign relates, increased by twenty-five (25) p~r center. Individual Sections 4.51 and 4.52) and the sign is Subd. (4i Signs Accessory to cent of the allowable sign area permitted by, and complies with the Residential Uses. permitted in Paragraph (1) of thisbe regulations of this section, provided, Each sign accessory to ~esidential subdivision, except that the total of this section, except they shall be set setback specifiea in the district only of individual, outlined shopping back from the street right-of-way line regulations, except for signs per- alphabetic, ~umeric and symbolicground sig a distance of at least one-half (~..~) of miffed under paragraph 2 of Sub- characters without background provisions of Subd. the minimum setback specified in the division (6) of this section, which shall except that provided by the (3) Each business district regulations: fully comply with the minimum set- building surface to which they are shopping center shall be allowed a (1) Flags or emblems of a national, back requirements for that district, affixed, f illuminated, such front wall sign as /provided in federal or state government, or a and except for nameplates permitted illumination be by internal Subdivision CIO) e~en if such in- subdivision thereof, displayed on under paragraph (1) of Subd. (5) of shielded illumination, shielded dlvldual business shall not havea private property, this section which may be located anysilhouette lighting or shielded spot front face upon the exterior of the (2)Signs of a duly constituted where in the front setback area for lighting but not any lighting where shopping center ~ building. 'l~his governmental body, including that district. No sign accessory to any the light source itself is visible or front wall sign of a'st0rewifheuf an traffic or similar regulatory residential use shall be permitted exposed on the face or sides of the exterior front shall ib~ ~equiredlto devices, legal noticesand warnings except in compliance with the characters, be,submitted by. ~he d~/eloper as at railroad crossings, following regulations: Subd. (11l Stele Wall Signs. parrot an overall total Sign Plan for (3) Memorial signs and tablets Subd. (5) Name Plate, Directional and Side wall signs shall be permitted the shopping~cenfer.-- displayed' on private property. Identification Signs. subject to the following regulations: Subd. (18) AdVe. rtising Signs (4)Address numerals and other signs Name plate, directional and iden-(I] "The tota'l area of such sign or (Billboards). required to be maintained by lawtification signs shall be permitted signs shall not exceed nine (9) AI, I advertising signs hereafter regulation, provided that the (1) For each single family dwelling than a sign provided in the suc- remodeled, relocated or' ~expanded content and size of the sign do not there shall be permitted one (1) ceeding sentence shall make use of shall corn ply with the [ollowing law, order, rule or regulation, square foot in area indicating thecharacter other than to designate established in Subdivision (3) of this (5)Small signs, not exceeding two (2)name and-or address of the oc- delivery areas. Notwithstandingsection: square feet in ,area, displayed oncupant, the foregoing, if fha maii~ entrance (1) The mini mu rn setback private property for the con- (2) For each multiple family dwellingto a particular use in the principal requirements ,for the 'General venience of the public, including there shall be permitted one (1) building opens on a side wall, the Business districts. signs to identify rest rooms, freight identiflcafion sign not exceeding operator shall be permitted a sign (2) Not more than one back to back sales and the like. Garage and near the main entrance to the principal building, provided the strutted upon one lot or tract of rummage sale signs shall show, building and indicating only the total area of such sign or signs ground. NO advertising sign, shall clearly imprinted, the name and name and address of the building shall not exce~ed ]5 per cent of the be constructed on a lot or:tract of sign, or responsible for the same.thereof, the side face (including doors andalready improved by a building, (6) Small signs, not exceeding eight (3) ~n connection with theconstruction windows) of the principal building(3) The total area of si, , (8)'square feet in area, displayed or remodeling of a building there nor 200 square feet." exceed three . on private property, containing shall be permitted one (1) sign not (2)If an operator is permitted a sign square feet. to influence directly or indirectly ~eet in area indicating the names of Paragraph (1) above, the vertising sign shall any voting at any primary, any or all of the architects, regulations set forth in Subdivision (25) ~eet from the general, municipal, special or engineers and contractors engaged (10), Paragraphs (4), (5) and (6) Subd. (19) or announcements relative to two (2) such signs, one facing each (3) If a side wall sign is illuminated, it maintained subject to the ~ candidates or campaign ,ad- street, shall be permitted. Any shall comply wlfh regulaflons regulations: vertising, signs permitted under this established in Section 4.66. (1)Where any Provided further that the followingparagraph shall be removed by the Subd. (12) Rear Wall Signs. projects over permit fee but shall obtain a permit:same not longer than two (2) weeks the rear wall of'any principal building InspectOr, a bond (7) Signs permitted by Subdivision i8), after final inspectionby the subject to the following regulations:policy (or paragraph (2~ of this section. Building Department of the (1)The tote area of such rear wall the surety Provided further that the followingstructure indicated, sign or signs shall not exceed nine - with a types of signs are exempt from theSubd. (6) "Per Sale" and "To Rent" (9) square feet. No rear wall signs, of cancellation permit requirement but must complySigns. other than a slgn provided in the proved by the Vi ~ ., section: shall be permitted subject to the useof any word, phrase, symbol or (S10,000) (8) Signs permitted by Subdivision (5), tollowing regulations: character other than to designate,the. Viii Subdivision (6), and Subdivision (1) For saleor rental of real property, delivery areas. Notwithstanding damage or (8), paragraph (1) of this section, there shall be no more than one (1) the foregoing, if the main exit (as by the Millage resut~tir Subd. (3) General Standards. such sign per lot, except that on a defined in the Building Code) to e strutted, erected,remodeled, each street, shall be permitted. No building opens on a rear we , the with the fp[Iowing standards: ,.=S,ClUare feet in area and no' such or signs on the rear wall Of the (1)"Bann~'s, Penr(ant$, Stre~m~rs~;''~ ~'~gn shall de umnated Each-~ ~"-principal .b~lding, provided the Stringsof Lights, Search Lights. suchsign must bedevoted~)lely~o ' tofa 'ai:~ 0~' such sign or signs NO banner, pennant, streamer, the sale or rental of the propertyshall not exceed 15 per cent ofthe ORDINANCE NO..72.~'~ AN ORDINANCE PROHIBITING ABANDONMENT, PARKING AND STORAGE OF CERTAIN MOTOR VEHICLE'S ON PUBLIC OR PRIVATE PROPERTY WITHIN THE VILLAGE; PROVIDING FOR THE IMPOUNDING AND DIS- POSAL 'THEREOF AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF, ADDING SECTIONS 6.100..THROUGH 6.109. TO THE VILLAGE CODE The' Village.Council of the Village of New Hope ordains: SeCtiOn 1. Chapter 6 of the Village Code is hereby amended by adding th.e'retO_ Sections 6.100 through'6.109 to. read as 'follows: "6.100 Aban'dOn'e'd Mo't~o.r' Ve'hlic'les. 6.101 'De'fi'n'i't i~ons. The following definitions shall apply in the interpretation and bnforcement .of this 'ordinance: ('i) "PERSON" shall mean any. person, firm, partnership, association, corporation, company or organ- ization of any kind. (2) "MOTOR VEHICLE"' shall mean a machine pro- pel.led by power other than hUman power designed to. travel along tke 'ground by the use' of wheels, tr.eads, runners-or sl'ides, and transport persons or property.'or pull machinery and shall include, without'limitation, automobile, truck, t~ail'er, moto.rcycle and tractor. '~ (3.) "ABANDONED MOTOR VEHICLE"' shall mean a moto:r vehicle, as 'defined in Subd. ('2.) above, that has remained for a period of more than 48 hours on public property illegally or lacking vital component p'arts or has' remained' for a period of more-than 48 .hOurs on private property without the consent ~of tke person in control of such property or in an inoperable con- diti:on such that it has no substantial potential further use consistent with its~ usual functions unless it .is kept lawfully in an enclosed garage or storage building. It shall also mean a moto~r, vehicle voluntarily surrendered by its owner to. the Village or to a person duly licensed under Minnesota Statutbs~ Section 168B.10. A classic car 'or pioneer car as defined in Minnesota Statutes, Section 168.10 shall not be considered an abandoned motor vehicle within the meaning of this ordinance. ('4.) "VITAL COMPONENT PARTS." means those parts of a motor vehicle that ~are essential to the mechanical functioning of th:e vehicle including.bUt not Iimite.d to. th.e motor, drive tr. ain and whleels. 6.. 10 2. 'Pa'rk'i~ 'gn~' S'tOr ag'e o'f A'b'alndO~e'd MOt or 'Ve'hi'cl es Pr'o'~ib'i'tle:d. ' - - - ....... Subd. (1) No person in charge or contr.ol of any property, within the Village whe'th:e~ as owner~ tenant, occupant, le'ssee or oth~e'~wise' shall allow any abandoned motor vehi. cle to remain on such property longer than 48 hours and no person shall leave, park 'or st'ore any such vehicle on any'property, public or private., within the Village of New Hope for a longer time than 48 hours, ex- cept .that this ~ordinance shall not .apply with regard to a motor vehicle in an enclose'd bUilding; a ~vehi~le on the premises "of a business enterprise operate.d in a lawful place and manner, when necessary to the operation of such business: ente.rprise'; or a vehicle in an appropriate stor- age place 'or deposit'ory maintained in a lawful place and manner by th.el Village. Subd. ('2) The regist'e:.r'ed own~e~ of a motor vehicle found in violation of this 'ordinance shall be held prima facie responsible for any such violation. 6.10 3 'F'~u~St:oldf ~o'f ~b~nld01n'e'~ iVe'hi'cil'e s. The' New Hope Police Department may take into cust'ody'and impound any abandoned motor vehicles 'as 'pr:ovi.ded in Chapter 6.10 of the' Village Code. 6.104 I~me'dia'te 'Sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts and does not display a license plate currently valid in MinnesOtaor any other state~ or fo~e~gn, country, it shall not ~e sUbject .to~ the notification, reclammation or title provisions of this ordinance. 6.10S iNOtli~ce. Subd. (i) When an abandoned .motor vehicle does not fall within the provisions of Section 6.104, the Village when taking the same into custody shall give notice of the taking ~ithin ten days t.hereof. The notice shall set f~rth the date and place of the taking, the yea.r, make, model and se'rial number of the abandoned moto:r vehicle and the place where the motor vehicle is being held, shall inform the owner and any lienholders of their righ~ to: reclaim the Vehicle under Section 6.106. and shall ~ta:te. th:at .failure of .the owner or lienho.lder to. exercise their right to' reclaim the vehicle shall be deemed, a waiver by them of all right,, title and inte:r.est in tke vehicle and a consent :to the sale of the .vehicle at public auction pursuant :to Section 6.1.07. Subd. (2.) The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to ail .readily identifiable lienholders of record. If it .is impossible to. determine witt~ reasonable certainty, the identity and address of th.e~ registered owner and all lie. nhol de rs ,- the notice shall be published once in th.e official newspaper for the Village. Pub- lish. ed noti:ces may be grouped together for convenience and economy. Subd. ('i.) The owner or any lienhol.der of an abandoned motor vehicle shall have a right to~. reclaim such vehicle .from the Village upon payment .of all tow- ing and storage charges resulting 'from the taking of the vehicle into. custody with:in' 15 days afte.r the date. of the notice required by. Section 6.105. Subd. (2.) Nothing in Sections 6.100. to 6.109 shall be. cons.trued to impair any lien of a "garage- keeper" under the laws of-this 'State: or t.he"r.ight of a lienhOlder' to foreclose. For the purposes of this . ' · i parking place or es tab r h. v . e ' i or maintenance of motor .vehicles. 6.107. PU'blic 'S'ales - Subd. (!) An abandoned motor. ~vehicle taken into .custody not reclaimed under Section 6.106. shall-be so:id to.: the highest bidder at public auction or sale, follow- i.ng reasonable publish'ed notice tkereof, The' purchaser shall be given a receipt .in the form persc'ribed by. the .Mi.nneso'ta. Pollution Control Agency which shall be suff- icient title to dispose of the vehicle. The receipt shall also' entitle the purchaser ~to: register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. -'3- Subd'. (2) From the proceeds of th.e sale of an abandoned motor vehicle, the Village shall reimburse' itself for the cost .of to~ing~ preserving and storing the veki'c, le, and all noti:ce' and publ'ica~i.on costs in- curred pursuant to this o.rd.inance. Any remainder from the proceeds of asa. le shall be held for th.e owner of th:e ~eh. icle or enti:.tled lienholder for 90,.days and then shall be.deposi'ted in the sta.te treasury. 6. 108 D'i'sppls'~!: o'~ Ve'h:i:c'l'e's~ Not' So'Id. W. here no bid has .been received for an abandoned motor vehicle the Village may dispose of-it pursuant to, contract nnder Secti.on 6:.109. 6,109 COnltr.~clt's. T,0'~.' ~D'!is~Os'.~-' Subd.. (i.) The Village~.may contract ~i~th any qualified person for collection, storage, incineration, .volume' reducti:on, transportation, or other se:rvices necessary to'prepare abandoned motor veh'icles and other scrap metal for recycliFg or othe'r methods of disposal. Subd. (2.) For the purposes 'of this ordinance, a qualifi, ed person shall mean any person licensed by the Minnesota Pollution Control Agency who meets, the require- ments for solid waste disposers established' by said agency pursuant to Minnesota. Sta:tu:tes, Secti.on 116.,07." 'Sec't'i'on 2..'Pe'nal~t¥.. Any person violating secti.on 6.102 of .this b~dShanc.e s.kail"be guilty of a'pett¥ misdem.eanor .and may be punished by a fine not io exceed $100. Secti'.on 5. S:e'ver~bi'Ii't¥.. Contents of this 'ordinance are de- clared, tb!'"be'"'Sever'abie~ knd' S~ould any se'cti.on, clause, paragraph or provision hereof be. ~eclared by any co'urt to be invalid' tkO' same shall not affect the' validity of the o.rdinance as a who'le'or any part thereof other th. an the part .so declared to be invalid. S:eC't'ion 4. Effective 'D'~te. This 'ordinance s~all be in full force ah2"~'f~'ec't' fr'om' an~ af't~ its. pass'~ge and publication. Passed by th.e Vi. llage Council of t~e Village of New Hope this ~g.~ day of f~'g'"'~;Z 1972. Attest:. '. C.le~k-FreaSurer (Published in the New Hope-Plymouth Post this Fz~/~f~//7~:f , 19 72..) -~- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION if~' STATE OF MINNESOTA : , COUNTY OF HENNEPIN[ SS. ~ON, shah me~ ~, E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent y or ~ in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, and plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its fOR ! total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its motor ~ local post-office. (5) Said newspaper purports to serve the (~) VILLAGE OF NEW HOPE AND PLYMOUTH on ~ in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and or ~ ~ maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control ? during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ...: ...... .~.....~.. ~ .......................................... i hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for.../.., successive weeks; that it was first so published o the.. ay of ..... 19..7.~3fl d was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the ~[ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in !, th~- the cum position and publication of said notice, to wit: : abcdefghijklmnopqrstuvwxyz~V~ pt. Sans vehicle~ in an a .vehicte on the · 0perati( ~ an- Subscribed and sworn to before terprise; or a vehicle in, an ap- ~ ~.A.D., 19 propria.te storage place or depository maintained in a lawful m this '/'/~ day of Subd. (2) The registered owner of a motor vehicle found in violation of this ordinance shall be held prima ................................................ 'facie responsible for any such Violation.. (NOTARIAL SEAL) 6~103 CUstOdy of, Abandoned Vehicles. . The New Hope Police Department Notary Public, .............................. County, Minnesota may take into custody and i,mpound any abandoned motor vehicles as provided in Chapter 6.10 of the My Commission Expires .............................. 19 ...... any Otbe~ state or foreign Country ~t shall; 06f be sUbiect to the noti:fication reclammation or title prov~siOns of th s Oral nance 6.105 NotiCe . i ORDINANCE NO.; 7.2z~ AN ORDINANCE'AMENDING SECTIONS' 6.'51 .AND. 6,52,..OF THE VILLAGE CODE RE.LATINGTO UNCLAIMED PROPERTY · VILLAGE OF NEW HO.PE~ MINNESOTA .The Village Council of th:e. Village of New Hope ordains: 'Sec'.t"ilon 1. 6.51 of the Village 'Code is 'amended to read: as'followS: "6.Sl'' When' Uncl'aime'd Pr'opertylmay 'b'e D'is'p:o'se~ When any personal property. (except :dogs 'and' motor vehicles) in the cUsto:dy or possession of the Village or with: any party wilth:.wkOm the Village has contracted for removal and s~o'rage, which has b.ebn abandoned by the' ow-. ners. th'er'eOf or for which no owner has been found may be disposed of afte'.r said property, has been so held by the Village for at :least :sixty (6.0) days. The Village may dispose of perisabl'e property, prior to'. the expiration of .said sixt'y.(6:0)', days 'if said sixty (60) day wait would' result .~.n a substantial reducti'.on in the value of said property'.." S'ec:ti'.on 2.: 6.52 Subd. (.1.) of the Village '.Code is amended to'. read as"~oli-0~S'7:' "6.52'Me't'hOd O£ Dis'pOs?ti:on. Subd. (.i.) 'No:ti:ce' 'o'f 'Sale. All property he'.Id in custody of the Village or any party, with whom it contracts:for such sro:rage, sh'gll be so:Id at publ'ic aucti:on or sale', at '.any time afte.r' such property has been held for at :least sixty (6.0). days. Public noti:ce .of the sa'le shall be given, at ~least' once, not :less 'than three (3.) day~ 'before. the' date: of proposed sale.' Said noti:ce shall sta.te.: The time and place of said proposed sale and the property: to: be sold." · isacti:.on 3.'~ ·This·-ordinance. ishallbe ·in full force and effect from and after~ ·~i't~!~ass.age ·and pub licatiOn., Passe'd bY the Village CoUncil of the. Viii.age of NeW HOpe i.thi's _ ' ' ' '. ;' ' '~'' ..... 19721'.) (Publish'ed. in th'.e' Ne~. Hope 'PlYmouth'. Post' 'on .'tf~<~.c.~.. ? ...... , THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA. { COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publ ishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2] Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its The local post-office. (5) Said newspaper purports to serve the of VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions "6.52~ for at least 1wu years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with ~.~,' the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ,efurthar states on oath thattha pr,nted ............................................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for./..., successive weeks; that it was first so published on~ the..~. ...... day of.. J. ~.~.. 19.~. ~ ."~,~d was thereafter printed and published on every ..................... ~:. to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghliklmnopqrstuvwxyz--51/2 pt. Sans ....... ~ ................. u ....... ~....l/..~. ~.~...~....~. C..~.. t ................. Subscribed and sworn to before (NOTAEIAL SEAL) Notary Public ............................... County, Minnesota N~y Commission Expires .............................. 39 ...... ORDINANCE NO, 72-8 AN ORDINANCE AMENDING SECTION 4..44~2) AND SECTION 4.92,. ADDING A SPECIAL USE TO THE LIMITED'BUSINESS CATEGORY,. AND DEFINING THE USE The Village Council of the Village of New Hope ordains: 'Sect'ion 1. Section 4.44(2) of the Village Code is here- by am~n~e~y~'Yhe addition of the following Special Use: "Small animal hospitals or clinics with no str,uctures for the keeping of animals which have direct access or openings to the open air or yard, and where no animals are offered for sale, and which~have no nuisance charac t e ris tics" - Sec~.t'ion 2. Section 4.92 is hereby amended by th.e addition of S.ect~o~ (2A): (2A) ~nimal Hospi'ta'l's 'Or Cli'niCs'~''S~all Small animal hospitals or-clinics are uses de-. d. evoted to th.e care and treatment, including boarding and grooming of small animals, such as dogs and cats, ail of such uses being confined within a st'r.ucture so designed and maintained as to. eliminate nuisance characte.ristics as 'defined in 4..92, Section 34. Any such use which con- rains any nuisance characteristics is declared to be a public nuisance and not an animal hospital or clinic as defined by this ordinance. S'ect'i~.on' 3. This ordinance shall be effective after its passa, ge~ia~:'~Publ'ication. Passed by the Village Council of th.e Village of New Hope this 2'.4:.ti~ day of ~p'~i~ , 1972 ~/ //~ .~ Edw'ard'~ J~. EriCk§b~', 'Mayo~ .... ' ~-Treasur;r ' Published in th.e NeW Hop'e-Plymouth 'Post this f'~ ' day of , '1972 .. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed....~..~....~..~.~.?.~....~..~....~..~...:..'.~...~...~..~.. ........................ hereto attached as a part hereof was cut from fha columns of said newspaper, and was printed and publ~,hed therein in the Engli~guage, once each week, for../, i., successive we_eks; that it was first so published on/~?., .~......~...// the...~/...--~..day of..~...~..~. ......... 19.?.r~. i . and was thereafter printed and published on every .................... ~ . to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publicafion of said notice, fo wit: abcdefghiiklmnopqrstuvwxyz--51/= pt. Sans Subscribed and swan to before Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... THE BROOKLYN PARK POST-SENTINEL AFFiDAViT OF PUBDCAT~ON STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during ail ~he times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE BROOKLYN PARK POST-SENTINEL and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% o4 its news columns devoted to news of local interest to the community which it purports to serve and does not wlmlly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at l~aat 500 copies regularly d~livered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Village of Brooklyn Park in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business heurs for the gatbering of news, sale of advertlse~nents and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his ~lireotlon and control during all such regular hours and at which time said. newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with ali the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ~le~further states on oath that the printed .... ....... .. ..... ................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ..... ~ .successive weeks; that it was first so published .......................... 19..~..~dnd was on every ............ g the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcde/ghljklmnopqrstuvwxyz--6 pt. News Text ,~bcdefqhi[klmnopqrsfuvwxyz--6 pt. Vogue · q- ,/,i ....... .... LL: .......... Subscribed and sworn to before ~NOTARIAL SEAL) Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE NO. 72 -~ AN ORDINANCE AMENDING. SECTIONS 7.00 THROUGH. 7.14~ INCLUSIVE~ OF THE VILLAGE CODE RELATING TO CONTROL OF DOGS AND OTHER ANIMALS The Village Council of the Village of New Hope ordains: Se'ctio'n 1~-. Sections 7.00 through 7.14, inclusive, of the Village C~0de-a-re hereby amended to read as follows: 7.00 CONTROL O'F 'D'OGS XND~ O'THEI~ ANIMALS 7.01 'De'fini'ti'ons. The following words and phrases when used in this ordinance shall have the meanings as set out herein: Subd. (1) Ani'mal. "Animal" shall include dogs, domestic animals and wild animals, both male and female. Subd. (2) Dog.. "Dog" shall mean an animal of the canine family', both male and female. Subd. (3) A't Large. "At Large" shall mean off the premises of the owner, and not under the control of tke owner or- member of h`is immediate family' eith. er by a leash., cord, or chain or other~rise. Subd. (4) Owner. "Owner" shall mean any person owning, keep±rig or harboring a dog or other animal. Subd. (5) Pelr_slon. "Person" shall mean any person, firm, corpo- ration, partnership, joint venture or association. Subd. (6) Vil'lage' Vet'eri~a~i~an. "Village Veterinarian" shall be a Doctor of Veterinary Medicine appointed by the Council to perform such duties relating to animals within the Village and at such pay as shall be established or approved by the Council. Subd. (7) Ani~a~l Wa~rden. "Animal Warden" is the. Animal Patrol Warden as referred to in Section 11.52 of this Code. 7.02 ~ L'ice~se~ and Registrlation. All dogs kept, harbored or maintained by their owners in the Village shall be licensed and registered if over six months of age. Dog licenses shall be issued by~the Clerk- Treasurer upon payment of a license ~fee of $3.58 for each male or spayed female, and $5.00 for each unspayed female and upon receipt by the Clerk-Treasurer of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 7.08. Such license shall be for the whole or unexpired portion of the year in which the same is issued and shall expire on December 31st following. The Clerk-Treasurer shall cause a notice of the necessity of obtaining dog licenses and r~gistration to be published in the official Village newspaper one time in December prior to December 15 of each year. 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 purpose of aiding th. em in going from place to place. The license provided for herein shall be obtained not later than February 1st of the license year. The sale or transfer of any licensed dog shall carry with it and transfer to the new owner the license. ?.i03' Tag'and Collar. Upon payment of the license fee, the Clerk-Treasurer 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. EYery owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or.destroyed, a duplicate or new tag will be issued~by the Clerk-Treasurer upon proof that such~dog was licensed, and the payment of $.50 for such duplicate. Dog tags shall not be trans- ferrable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner's'leaving the Village before expiration of the license. 7.04 i ~R'un~i~g '~tI LiaKge. No owner or keeper of animals shall permit such animal to run at large within the limits of the Village, other th,an on premises owned by or rented by the owner. 7.05 %mpounding. Subd. (1) whe~ 'Impounded. It shall be the duty of the poundmaster, Animal Warden Services, and every police officer to apprehend any dog found unlicensed, or any animal running at large contrary to Sections ?.84 and ?.07 to impound such animal at the Village or other suitable place. Subd. (2)~' Dange'rou~s',' 'FierCe or Vici~ous ~imals. If any dangerous, fierce, or vicious animal found at large in the Village cannot be safely taken up and impounded, such animal may be slain by the poundmaster or any police officer. Any animal which has bitten a person within 60 days preceding impoundment or other disposition hereunder shall' for the purposes of this ordinance, be considered a dog of dangerOus, fierce, or vicious propensities. Subd. (3) N'o'tice. Notice of impounding shall be given to the owner of the animal. In case the owner is unknown, Written notice shall be posted at the Village Hall. If the animal is not reclaimed within five'days of the posting of the notice, it will be sold or killed. The notice of impounding shall be insubstantially the following form: m 3~ ~ NOTICE OF IMPOUNDING DOG (or other animal) Date ...... , 19'7 TO WHOM IT MAY CONCERN: I have this day impounded in the pound.of.the Village.at a d'og or (other animal') ..... to..the.following-'~escript'ion: SEX COLOR ...... .... BREED ESTIMATED AGE -- --~" NOTICE IS HEREBY GIVEN, that unless such-animal is claimed and redeemed on or before o'.clock .M. on the' day of '' ' , 1~ the sam--%- will be sold. killed or oth~rwi~e-~ispos-e'~ b'f" as prov~ed by ordinance. Signed Poundmaster (o~o~nd~e~e~) Subd. (4) Re'claiming Animals ~and Fees. The owner of any animal so impounded may re- claim such animal upon payment of the license fee, if such license is required but unpaid; the im- pounding fee and the boarding charges specified herein. The impounding fee shall be $12.50. The boarding fee shall be'S3.00 per day or any portion thereof for any animal held at the pound. In the event the impounded animal has not been vaccinated for rabies, and evidence thereof is not presented to the Pound- master as provided in Section 7.08 the Poundmaster may accept a deposit of $10.00 cash, in addition to the other charges provided for herein, and the animal shall be-released to the person claiming the animal as owner. The $10.00 deposit shall be released to the owner by cash or check if a certificate of vaccination is presented within 30 days after the $10.00 deposit is made. The Poundmaster shall issue numbered, dated receipts for ali payments, including the $10.00 deposit. The Poundmaster skall withhold delivery of the license for the animal until the vaccination certificate is presented to him. Un- claimed licenses and unclaimed $10.00 deposits shall be turned over to the Village within 30 days after the expiration of the 30-day deposit period. No deposits, or any portion thereof, shall be refunded - 4 - by either the Poundmaster or the Village after 30 days from the date of the deposit, and such deposit shall be forfeited to the Village. 7.06 'Di'spo'si'ti'o'n of'Uncl'~imed'o'r' Infected 'Ani'm~ls. Any animal impounded shall be kept for at least five days unless sooner reclaimed by the owner as provided above. If the animal shall not have been redeemed at such time it may be disposed of the following manner: Subd. (1) Destroyed or 'Sold. The animal may be destroyed or sold, provided that such animal shall not be sold for less than the aggregate amount provided in Section 7.05(4). Ail animals which appear in the judgment of the Village Health Officer or in the judgment of the Village Veterinarian to be suffering from rabies or affected with hydrophobia, shall not be released but shall be killed by the poundkeeper and such dis- position of the remains as shall be directed by the Village Veterinarian. Subd. [2) Use: for Sci'ent_ifi~c 'Purposes. Whenever any licensed educational or scientific institution under Minnesota Statutes, Section 35.71, shall request the Poundkeeper for permission to use, for research purposes any impounded animal or animals, any impounded animal or animals remaining unclaimed shall be surrendered to such institution. 7.07 Confin'emen't' an'd Control. No person who owns, keeps, harbors or maintains an animal, or the parents or guardian of any person under 21 years of age who keeps an animal, shall allow or permit at anytime any animal to be on any area or lot of private land in the Village without being effectively restrained from entering beyond such area or lot by leashing or fencing. No person having custody or control of any animal, shall permit such animal at anytime to be on any street, public park, school .grounds or public place in the Village without being effectively restrained by chain or leash not exceeding six feet in length. Animals in heat shall be confined in an enclosure which prevents their escape, or the entry therein of other animals. 7.08 Rabies V'ac'cina~tion. No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type of vaccine within 18 months prior to December 31st of the year for which the license is applied, or with a killed virus vaccine within 3 months prior to December 31st of the year for which the license is applied. A certificate of vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination. 7.09 Mu'zzlin,g Procl'amation. 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 an animal"to confine i~ securely on ~his premises unless it is muzzled so that it cannot bite.'"No person shall violate such proclamation and any unmuzzled animal running at large during the time affixed in the proclamation shall be killed by the pound- master, animal warden or animal warden service or any police officer, without notice to the owner. ?. 10 B.i.]ti~ng D© gs. Whenever any person owning, possessing or harboring any animal within the corporate limits of the Village shall learn that such animal has bitten any human being such person shall immediately impound said animal in a place of confinement where it cannot escape or have access to any human being or other animal and shall also im- mediately notify the Chief of Police. Wherever the Chief of Police shall learn that any hUman being has been bitten by any animal within the Village, he shall ascertain the identity of such animal and the person owning, possessing or harboring it and shall immediately direct such person to forthwith impound such animal as herein required. Any animal so impounded shall be kept continuously so confined for a period of fourteen days from the day the animal bit a human being. ~Upon learning that an animal has bitten a human being, the Chief Of Police shall immediately notify the Village.Health Office and inform him of the place where the animal is impounded. It shall be the duty of the Village Health Officer to inspect .or cause to be inspected by the Village Veterinarian said animal from time to time during its period of fourteen days confinement and to determine whether such animal is infected with rabies. For this purpose he shall have access to the premises where such animal is kept at all reasonable hours and may take possession of the animal and confine it in the Village pound.or other suitable place at the expense of the owner. The owner or person in possession or harboring such animal shall immediately notify the Village Health Officer of any evidence of sickness or disease in such animal during its period of confinement and shall promptly deliver its carcass to the Village Health Officer in case of its death during said period. No animal which has bitten a human being shall be released from impounding until authorized to do so in writing by the Village Veterinarian or by the Police Department. 7.11 B[si~[ab'l'i'shment o'f Vi'l'l'age ~P'o'und. The Village pound and Village poundkeeper shall be named by annual resolution of the Village Council. The Chief of Police shall be deemed poundmaster. The Village pound, Village poundkeeper or poundmaster may hereafter be changed by resolution of the Council. 7.12 Records. The Poundmaster shall keep an account of animals impounded at the Village pound, and of their disposition. He shall turn over such ~ccounts to the Clerk-Treasurer from time to time, or upon request of the Clerk-Treasurer or the Village Manager. 7.13 Animal' War'den Services. The' animal warden service or Animal Warden shall be named by annual resolution of the Village Council. The Animal Warden or the animal warden service 2nd its employees or agents shall have the powers and duties to patrol the Village and enforce the provisions of this ordinance including the issuing of citations for violations thereof. 7.14 I~nter'fe'rence Wi'th Officers. No unauthorized person shall break open the pound or attempt to do so, or to take or let out any animal therefrom or take or attempt to take from any officer, Animal Warden or agent or employee of the animal warden service any animal taken up by such .officer., warden, employee or ggent, in compliance with ~this 'ordinance, 'or in any-.man~er interfere with or hinder such officer, warden, employee or a~gent in the 'disch~r. ge Of his duties under this ~ordlnance~. ''Se'Ct'~O~ 2.' P'e'~l't~. Anr person violating anr of the provisions of this 'ordinance shall be guilty"of a misdemeanor and sh~ll be punished by a fine not to exceed $300 or by imprisionment not to exceed 90 days or both. Section 3. The contents of this ordinance are declared to be severable and s~ould anr section, clause, paragraph or pro- vision hereof be deClared by any court .to be invalid, the same ~hall not affect the yalidit~ of the ordinance as a whole or any part thereof other than the part so declared to be invalid. SelC~iOn 4. This ordinance shall be ~n full force and effect from and after its pass~ge and publication. Passed by the Village Council of the Village. of New Hope this 24th day of April~ i~72.. - Edwa:rd J. 'Erickson~ Mayor Attest: ' '"" "' ~ou2~o~, ~clerK Treaurer Publi. sked in tke New Hop-e~.P1ymouth Post this dar of , 1972. ~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN · E.C. L'Hereult, being duly sworn, 6n oath says he is and during all the times herein stated has been the President of blisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST )1 lows: inted in the English language in newspaper format and in column and sheet form equivalent inches. (2) Said newspaper is a weekly and is distributed at least once each has 50 percent of its news columns, devoted to news of local interest to the community does not wholly duplicate any other publication and is not made up entirely of patents, ients. (4) Said newspaper is circulated in and near the municipality which it purports ~ies regularly delivered to paying subscribers, has an average Of at least 75 percent of its ~id or no more than three months in arrears and has entry as second-class matter in its purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH d it has its known office of issue in the City of Crystal in said county, established and open for the gathering of news, sale of advertisements and sale of subscriptions and officer of said newspaper or persons in its employ and subject to his direction and control s and at which time said newspaper is printed. (6) Said newspaper files a copy of each (7) Said newspaper has complied with all the foregoing conditions ling the day or dates of publication mentioned below. (8) Said newspaper has filed with nnesofa prior to January 1, 1966 and each January 1 thereafter an affidavit in the form Y of State and signed by the managing officer of said newspaper and sworn to before a newspaper is a legal newspaper. ,r,nted ..- .................. the columns of said newspaper, and was printed and publi~ed therein in ~ch week, for./..., successive we~eks; that it was first so published on .......... ..... 19.7~.. and was thereafter printed and published on every ..................... ..day of ........................ 19 ...... and that the following is a printed copy of the ~to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans County, N~innesota ORDINANCE NO. 72-'10 AN ORDINANCE AMENDING SECTION 11.33 OF THE VILLAGE CODE RELATING TO LICENSING OF BICYCLES The Village Council of the Village of New Hope ordains: Section I. Section 11.33 "Procedures" of the Village Code is a~n~d to read: I ! .33 Procedu~. Subd. (I) App!ication. Application for a bicycle license shall be made to the Police ~partment on a form to be approved by the ~un¢il. Upon receipt of such application in proper form and after a de~rmination upon inspection that the bicycle to be licensed is in safe condition and equipped as required by this ordinance, the applicant shall firmly attach to the frame of the bicycle a numbered license tag furnished by the Village. A registration card with corresponding numbers shall be issued to the owner of the bicycle. A duplicate card shall be retained by the Police Department. There shall be no charge for the license. Subd. (2) Transfer. Within seven days after ownership of a licensed bicycle has been transferred, the new owner shall make application to the ~lice ~part~nt for a transfer of registration, returning the old registra- tion card with his application. A new registration card shall then be issued without charge ~ the new owner. Subd. (3) Loss of Tag. In case of loss of a license tag, a dupli- cate tag shall be issued. Section 2. This ordinance shall ta~ effect and be in force from and afar its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota on this 22nd day of May, 1972. Attest: /~,..~ ~ Mayor '~~'Treasurer ' Published in the New Hope-Ply~uth Post on ~¢~< f , 1972. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herauit, being duly sworn, on oath says he is and during alt the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: il) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which if purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears end has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in lis employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6] Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Hefurther statesonoath that the printed..~.~. :./~..~~.~.....~... :. Z..~....'~./...~. ....................... hereto at/ached as a part hereof was cut from the columns of said newspaper, and was printed and publi~ed there~in in iii E~g~ii~°nce ~a~ch week, for 19/.~4~uiils~t~[it ila~riii~e~Sii~sii~iii~i~ :.~. ~.TT...~-..~?~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size end kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans ............... ........... (NOTARIAL SEAL) /'Jotary. Pub!it, }-~ .. ' ] M,~ .e,,~ep~n Count, Minn, ~on~ssio~ ~xp[res J~n. 2~, 1976, Notary Public ....... ; ...... County, Minnesota My Commission Expires .... ~.: .... ~.~ .... 19.2.~. ORDINANCE NO., 7Z AN iORDINANCB AMENDING SBC.TION 4.92 .SUBD., (4:3') OF THE VILLAGE CODE TO. INCLUDE PET SHOPS AS'A RETAIL SHOPPING USE The Village Council of the Village of New Hope ordains: iSecti~n 1. Section 4.92 Subd. (4:3) is hereby amended to~ read as ~ol~lo~s~: "Subd. (4:3) Ke't~.~1' ~'hi°P~PinK U?~s- Retail Shop~ing Uses: Stores and shops :selling the' personal services or goods over a counter. TheRe includ'e: anti.queen"art and school supplieD; auto accessories'; bakeries; barber sho~; beauty sho~; cycles;' books and stationary; candy; cameras and photo~ graphical supplies; carpets and rugs; catering establish~ men.~s.; china and-glasswar%; christmas ~tr.ee sa'le~; clothes pressing'; clothing and costume rentil; custom 'dres.smaking; department ~tores and junior department sto..res;-d~ugs;'dry goods;' elec'trical and household app- liances, sales and' repairl florist~:;.foo'd; furnitur%; furrier shop~;',ga~den supplies (year~round operation only); gifts~' aaraware; hat~-; hobby shops for retail sale 'of items to be assembled or Used away from the premises; household appliance~; hotel's and apartment hotel~; interior decoratiHg; jewelry., including watch repai¥; laboratories, medical and dental research and testiFg; laundry and dry cleaning pick-up, processing to be done elsewhere; laundromat; lea.tker goods and luggage; locksmith'shopS; musical instrument~.; bffice supply equip- me~t; optometrist:s; paint and wall paper; pet shops~ in- cluding retail sale of pet supplies, pets (where no more than three dogs and three cats over six months of age and no more than a to.tel of six dogs 'and six cats are kept ~or offered for Sale) and pet grooming services render- ed in a room separate from retail'sales 'areas; phonggraph reco~d; phOtography studies; rest'auran'ts, when no enter- tainment .or dancing is 'provided; shoes; sporting, goodS; tailoring; th.eatr.e, except open air drive-in; tobacco; toyS; variety.' stareD; wearing apparel." Sec~t'i'.On 2... 'This 'ordinance ish'all be effe. c'ti~e :from and after its' pass.age and publication; -' Passed bY the.Village..Council of't.he Viii.age 'of NeW Hope thi's ~ day of"' .~.~0~'_~ .~/'i.i~ '~'~ '.~, !9:72,'. Published in the' NeW Hope-'Plymouth 'Post' this ~."'~' day of' ~7~J~'_¢.'' ~ 1.972.. ~' '~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST : and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each -~ week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, ! plate matter and advertisements. (4] Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its ~,~.1 local post-office. (5) Said newspaper purports to serve the ';~i ~ VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed.. ~ .~?..~:..~...~.. ~..~...'-../../. .............................. .saJes hereto attached as a part hereof was cut from the columns of said newspaper, and was printed an~.ejd~th~_~n~ ~./ the English ,angj~age, once each week, for../...successive weeks; that it was first so published on Val~:fetv, the~.~. ..... day ~ .......... 19.4.~.,. and was thereafter printed and published on every ............... ;r ..... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in of ~-; the composition and publication of said notice, to wit: A!/tes~ ~ ' abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans ( ...... .......................... Subscribed and sworn to before me{~ ' J ~ d~~ Notary Public, .............................. County, Minnesota My Commission Explres .............................. 19 ...... THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any Other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter en affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ~' '~' ' ' ' ~' '~' '' ' ' '~' ' ' ' ' '~'~'~' ' ' '':: ' '~' ' ' '~ ' ' '~'~'~'~' ' '/~' ' ''~'~~'/,] ~, .... , theC~...~/. .... day of ........... 192.~.. ..... and was thereafter printed' and publ '~shed on every ..... ................ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans Subscribed and ~n.~ to before me this day of .~././.~---~ A D 19 ~c~ ......... (NOTARIAL SEAL) I Notary Public, HennepJn County Minn. ] / I~{y Commisslon Expires Jan. 29, 1976. Notary Public ..... ~ ............... ~' ....... County, Minnesota My Commission Expires ..... ~.:....~..~. .... 19. ORD. I NANCB NO.: 7'2 .;/,2.. AN ORDINANCE AMENDING CHAPTER I2..20.. OF THE VILLAGE CODE RELATING TO. THE TRANSFER AND' REGULATION OF FIREARMS ' Village of New Ho.pe, Minnesota The Vill.age Council iof the Village Of New Hope, MinnesO'ta, .ordains :' · Se'Ct"i'o'n 1. · Section 12.21, ?'Definitions", is amended bY ~ .the ad~'i"t~o~{* 'b~£ the following as 12..21, Subd.--2(.e.)iii: '~tiii. The term "possession" as used herein shall not app.ly--to a firearm in the care, custody and control 'of the employer or authorized' personnel employed' by a retail sales outlet, nor to a potential customer examining a firearm for the p~rpo.se 'of a possible pur- chase in such. re,tail sales outI'.et~', nor the transporting of a firearm in a sealed sales Package after purchase directly from the sales outlet to. an authorize4 place as d'e- fined els'ew~e're in this 'Code.u 'Sec'ti'o'n 2. Section 12..32, ,"Disposition of F'ir¢'armstt is renump'eree ~-0-~2.36A in its entirety, and replaced by the following Section 12.32:. It shall be. UnalwfUl for any person within .the Village of New Hope to Sell,. giFe, or deliver any fire'arm to any other person if such. other' person is prohibited by the .te'.rms of Section I2'.2'5~ Subd. 2 'from owning, possessing, carrying, or having in.his custody ok. control a ~irearm and if said sblle'r', giver or deliverer kneTM or had reasonable cause to' believe that such person 'was prohibited from fire- arm possession. Subd. ('2) ~eP'ort' .of Safe','. 'Gift ,' or De'l'.ivery o~ Every person within the corporaZ.e l'imits, of the Village [of Ne~ Hope who ~grees to sell~ deliver or give to any~person a handgun as defined in th~'s ordinance shall w£thin' five (S) days after such agreement to sell, del'iver.~or give, make and £lle with tie Village Cler:k~.Tr~a.su'rer a legible written rep.orr, which .report :shall contain the following information: a. Date' of the Bgreement to' sell, :deli.ver or give; 'b. NaJne and residence of the person to receive the handgun,, which shall have been substantiated by the' transferor by appropriate identification such.as driver's, license, $,elect. ive Service card, Social S.ecu'rity card, etC.; c. A description of the person-to-receive the handgun as 'to date .of birt'h., height,-we, ight~, co.l'br of eyes and hair, and oth~'r' d~sti~guishi'Fg physical characteristics; and d. Name and address of person agreeiFg to sell, deliver, or. give ith'.e 'handgun. Subd.. (5) The Vi'il'age Clerk-Treasurer shall upon request provide the: repo. rting forms on which :such'reports shall be made, and §hall make. such forms f. reely available to licensed.gun dealers. Persons not ii'ceased dealers may .Secure Such repo. rti'ng forms frOm the ¥i.llage Cler:k~Treasurer or any licensed gun dealer. Subd. (.4).' Cert'ificat~i'o~ o'.f 'Pol'i'c~ 'pri-o'r'~ ' '~f' 'a 'Hah'tigOn. ' .... ~ - No person who i. ntends. 'to sell, deliver or give to any person a handgun as defined in this ordinance .shall deliver actual possession to the person to r. eceivelthe' handgun until a copy of the report'.re~ quired by this sect~i'.on, containing.the certification of the New Hope Director of Poli~.e'~ or his designee~ that said sa:ie, delivery or gift may be made, ~s .re- turned to the person-w~o' in~e'n'ds to' setl. deliver or give away said handgun, or until three d~ys (excluding Saturday~ ~Sunday, and holidays) have elapsed after making and lilies ~ith the ¥ill~geCl.erk~.Tr'easurer the' required, report of sale, whichever co~es 'first'. Subd. (5) ,None of the pr. ovisions of this Section 12'.32, SUbd. 2 shall apply ~to gifts' of handguns betw. een husband and wife, or p~re. nt and chli'~d,, b.ut .all otb. er gifts -of h~n.dguns must compl.y with the re- quirement s hereof, Subd. (6.) U'nlawfUl to F, nlco'uralge' Vi'o'la'tio'ns It-:shall-be: unlawful for any person to. aid, counsel, abe'.t, conspire with' or encourage another to. viola~te: the te'.rms of this ordinance''. Subd. (.7.) D'iS'play' Of Fi:r'ea~rms, It .shall be unlawfUl for any person witkin the Vi:llage to, display or exhibit an~ firearm for sale in any show window abutting a publ~ic str. eet-or sidewalk or public entr.yway ~hi'c~ can be seen ~fr'om the public street." 'S~c't'ib~ .3.': Pe:~a'~ty..~ Any person violating any of th.e provisions of this ordinance skall be' guilty, oi a misdemeanor and ska~l be punis.he4 by a fine .not '.to: exkeed $3.00 .or by impriso~ent not to. exceed 90 days~ or both. ' 'Se¢'t'i:O~ 4. ' SeV.erab'~l'i'ty., The contents' of this 'ordinance are declared to:'be severable' and' skould any section, cla~se~ .paragraph or provision hereo'f be declared'by any court to be invalid, ~he same shall not affect .the 'validity of the Ordinance as a w~o'le .or any part tke[reo'f other. than tke part so declar, ed to be 'invalid. S'e'Ct'io'~ 5. .This ordinance shall be effective upon its adoptibn ~n~~ ~blication. (Published 5n the Ne~ Hop'e-P~Ymouth ~ost :t~e' '~ da7 of ~'~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1 } Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to et least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4] Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has flied with the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He tut'her states on oath that the printed .~./.~.... ~..'? .~...~.~...~.. ........................... public street." hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi,~ed therein in Sectio~ 3. Penalty. Any person // /? vi'olating any of the provisions of this / ordinance shall be ~uilty of . a i the English language, once each week, for ...... successiveweeks; that it was first so published on misdemeanor and shatl be punished by ~y oof~ 19 ~'c~. and was thereafter printed and published on every a fine not to exceed S300 or'by im-, prosonment, nOt'tO exceed 90 days, or the.C~..~ .... d .................................. both. Section 4. Severability. The contents Of this 6rClinance are decJ'ar, ed to be ~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the s,everable and should any section, clause, paragraph or, provision he"eOf be declored by any court to be invalid, lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in tli~same shelrnot affect the validiW of the'~rdin~ance as a whole or an~ part fh'ereof other than. thepart so declared the composition and publication of said notice, to wit: fo be invalid. Section-5. This ordinance shah be ef~ecHve upon it~ adoption 'and [, abcdefghiiklmnopqrstuvwxyz--SV= pt. Sans publication~ Dated this' 12th day of ;lun~, 1~72. EdWard fl. Eric~sen i Attest: Betty Pouliott Clerk-Treasurer ~ ~ .~..~.. (Published.in the. N~W Hope- Plymoutli Post the 22 day of June, · ..... ~. ...................... 1972), Subscribed and sworn to before J m ') ~e t~..~...~ .... day of.~. ~ ......... A.D., 19.?..~'.. Notary ~ublic ............................... County, t~innesota /~y Commission ~=×pires .............................. 19 ...... ORDINANCE NO. 72-/$ AN ORDINANCE AMENDING CHAPTER EIGHT OF THE VILLAGE CODE, LICENSES FOR SWIMMING POOLS, AND CHAPTER THREE OF THE VILLAGE CODE AS TO REGULATION OF SWIMMING POOLS Village of New Hope, Minnesota The Village Council of the Village of New Hope, Minnesota ordains: Section 1. The Village Code is hereby amended by the addition thereto of Sections 8.170 through 8.172 as follows: "8.170 LICENSES FOR SWIMMING POOLS 8.171 Licenses Required for Swimmin9 Pools. Each public swimming pool within the Village of New Hope, as defined in Section 3.161 as amended in this ordinance of this Code, with the exception of any municipally owned swimming pool, shall obtain a license from the Village on an annual basis, prior to being used, in accordance with the provisions of Sections 8.02 to 8.08 of this Code. 8.172 License Fees. The annual license fees shall be as follows: Indoor pools $65.00 Outdoor pools $25.00 Exempt from license fees, but not from license requirements: schools, houses of worship, convents, rectories, parsonages, religious centers." Section 2. Section 3.161 of the Village Code as heretofore worded, entitled "Definitions", is repealed and eliminated, and the following Section 3.161 is hereby enacted in its place: "3.161 Adoption of State Standards. The Minnesota State Board of Health Rules and Regulations relating to Swimming Pools, cited as Minn. Reg. MHD 115, 1971 is hereby adopted by reference by the Village of New Hope, Minnesota, pursuant to the terms and provisions of Minnesota Statutes 471.62, with the provision that where the enforcing or inspecting, approving or disapprovi.ng is refer~red to in said Rule's-'and. R.e.gulations-such iaut~h.o'rity shall be const:rued to be' th.el Village of .New Hope, MinneSota, .~act'i.ng through its Sanitarian'~ or such 'ottte'r pe.rson or persons as th~ Vill.a'ge Man.ager may dire. ct,'" iSe'ctiOn 3. The Village Code is hereby amended by. the' additi~ followi.ng S. ec't'i.0ns 3.'~170 and "3..1 ? 0 ' D~I'SCH~RGBi ~IiNT'O 'S~N.I'TARY SEWER No part of ~the 7contents of any ~wimming pool shall be. 'dischg.rged into the sanitary sewer §ystem. 3.17'1 In the' event of conflict or ambiguity between Minn. R.og. MHD liS,.lP:?i. as to any p'o.r~ti'on of Chapter 3.160 of this 'C.o. de~ tho' State 'Regulations ~shall prevail." iS'e'ct"ilo'n. 4. Any person violating any of the pr.ovisi'ons of this 'o~shall be'. guilty of a .petty misd'eme'anor, and may be' fined up to $i00, an~t each. day of continuing violation shall be~ deem.ed a separa.te offense af. ter~ notifica.tion by the Vill.age of the exist'once of t.ke violation. 'S'Octi'.o'n S. This ordinance shall be in full for.ce and effect~s pass.a'ge and publication. Passed by~.th° Village. Council of th'.o Village of New Hope, Minnesota this '~ day bf ',_~'~".''~ ., 1.972. (Published in the New Hop-e-PlYmout~ Post the '~ . day of 9 7 z .) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST ~ and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed et least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, ~el}gie~S; ten- plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports - to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its Vii- total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7] Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a provisions of notary public stating that the newspaper is a legal newspaper. 62, with the g He further states on oath that the printed.. ~-.~... ~...,.. ?...~...~.~...~.. ......................... , shall e of New ...................................................................................................................... its hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English lang/~age,~nce each week, for../..., successive weeks; that it was first so published on . '~NTO· the .~..~. ..... -~'~//'~day~~ ......... 19..'~.~... and was thereafter printed and published on every ..................... system, to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the .- NtH'O lower case alphabet from A to Z, both inclusive, and is hereby acknowledged es being the size and kind of type used in State the composition and publication of said notice, to wit: petty abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans · . \~, : Subscribed and sworn,/~to before/'~ Attest:' (s) Betty P,0~I~t~. ~ ':i,j~ ";'.: ~rk-rtrea~.j: me ~ ~ ............. day ......... ~19.~ ~m:~t~'~~ t~2'~m~ ~ 'J ( Notary Public ............................... County, ~innesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 72-14 AN ORDINANCE AMENDING SECTIONS 11.70 THROUGH !1.77, INCLUSIVE, OF THE VILLAGE CODE RELAT- ING TO REGULATION OF GO-KARTS, SNOWMOBILES AND MINI-BIKES The Village Council of the Village of New Hope ordains: Section i. Sections 11.70 through 11.77, Inclusive of the Village Code are hereby amended to read as follows: 11.71 Intent. It is the intent of this ordinance to supplement the Laws of the State of Minnesota, Chapters 168 through 171, Minnesota Statutes, with respect to the operation of certain motor vehicles commonly called go-karts, mini- bikes and snowmobiles. This ordinance is not Intended to allow what the state statutes prohibit nor to prohibit what the state statutes expressly allow. 11.72 Definitions. The following words and phrases when used in Sections 11.71 through 11.77 have the meanings as set out herein: Subd. (t) "Go Kart and Mini-Bike". Go-karts and mini-bikes mean every self- propelled device or vehicle in, upon or by which any person is or may be transported or drawn upon a highway or natural terrain or designed to travel on wheels in contact with the ground, except auto- mobiles, trucks, snowmobiles and devices or vehicles moved by human power. Subd. (2) "Operate'!. Operate means to ride in or on and control the operation of a snowmobile, go-kart or mini-bike. Subd. (3) '~Oper~.~or". Operator means every person who operates or is in actual physical control of a snowmobile, go- kart or mini-bike. Subd. (4) "Roadway". Roadway means that portion of a highway im- proved, designed or ordinarily used for vehicular traffic. - 2 - Subd, (5) "Snowmobile". Snowmobile means a self-propelled vehicle de- signed for travel on snow or ice or a natural terrain steered by wheels, skis or runners. 11.73 Operation on Vi!...laRe..Streets or Hlqhways. Subd. (I) On Roadway. No persons shall operate a snowmobile, mini- bike or go-kart upon roadway, boulevard or inside bank or slope of any Village street or highway, ex- cept as provided in this section, or unless licensed by the State of Minnesota to travel on roads and streets. Subd. (2) Direct CrossinR. s. A snowmobile may make a direct crossing of a Village street or highway provided: (I) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and (3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and (4) In crossing a divided highway, the cross- ing is made only at an intersection of such highway with another public street or highway, Subd. (3) Lamps and Brakes. No snowmobile shall be operated on a public street or highway unless it is equipped with at least one headlamp and one tail lamp. No snowmobile shall be operated upon a public street or highway unless it is equipped with brakes which conform to standards prescribed by Rules of the Commissioner of Highways pursuant to the authority vested in him by Section 168.846 of the Minnesota Statutes. - 3 - Subd. (4) Emercency Use of Snowmobiles. A snowmobile may be operated upon any Vlllage street or highway, other than as provided by Subd. (2) of this section, in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile Impractical. Subd. (5) ~iRhway Traffic Act. All provisions of the Highway Traffic Regu- lation Act, Chapter 169 of Minnesota Statutes, shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. 11.74 Operat. ions Generally. It shall be unlawful for any person to drive or operate any snowmobile, go-kart or mini-bike in the fol- lowing unsafe or harassing ways: (!)In excess of 25 miles per hour on public land; (2) At a rate of speed greater than reasonable or proper under all the surrounding circum- stances; (3) In a careless, reckless and negligent manner so as to endanger the person or property of another or to cause injury or damage thereto~ (4) While under the influence of intoxicating liquor or narcotics or habit-forming drugs; (5) Without a lighted head and tail light when required for safety; (6) In any planting or tree nursery in a manner which damages or destroys growing stock; (7) In a noisy manner contrary to Sectton 11.77 (Subd. I). 11.75 Unlawful Acts. Subd. (I) Operation, It shall be unlawful for any person to oper- ate a snowmobile, go-kart or mini-bike: '(t) On private property of another without permission of the owner of said property; or - 4 - (2) On publicly owned land, including school, park property, playgrounds &nd recreational areas, except where permitted by Subd, (3) of this Section; In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons, (4) No person shall operate a snowmobile, go-kart or mini-bike within the Village between the hours of one-half hour after sunset to one-half hour before sunrise. Subd. (2) Unattended Snowmobiles. It ls unlawful for the owner or operator to leave or allow a snowmobile to be or remain un- attended on public property. Subd. (3) E~geption. Notwithstanding the provisions of Subdivision (I), Clauses (I) and (2) of this section, the Director of Parks and Recreation shall have au- thority to supervise and regulate events or pro- grams in connection with events conducted by the New Hope Park and Recreation Department in which snowmobiles, go-karts or mini-bikes are used. The Village Council shall, from time to time by resolution, designate Village park areas deemed available for such use. 11.76 Defense. It shall be a sufficient defense to the prosecution for violation of Section 11.75, Subdivisions (I) and (2) that the defendant has permission in writing from the owner or lawful occupant of the land, or the public board, body or commission which is authorized by law to hold and exercise dominion over such lands, or the official author- lzed by such board, body or commission to grant permission. 11.77 Eq~.ipment. Subd. (I) Mufflers. All go-karts, mini-bikes and snowmobiles shall be equipped with standard mufflers which are properly attached and which reduce the noise of operation of the vehicle to a noise level which shall not be a disturbance to residences of the area of operation and no person shall use a muffler cut-out, bypass, or similar device on said vehicles. Subd. (2) Brakes. Ail go-karts, mini-bikes and snowmobiles shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicles in a manner equivalent to an automobile. All brakes shall be maintained in a good working con- dition. Subd. (3) Safety Throttle. All snowmobiles shall be equipped with a safety or so-called "deadman" throttle in operating condition; a safety or "deadman" throttle is de- fined as a device which, when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the driving track. Section 2. Penait~y. Any person violating any of the pro- Visions 6f t~[s oddinance Shall be guilty pfa misdemeanor arid shall be punished by a fine not to exceed $300 or by imprison- ment not to exceed 90 days or both. Section 3. The contents of this ordinance are declared to be severable and should any section, clause, paragraph or pro- vision hereof be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 4. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 12th day of June, 1972. /~~~~~ ~rd ~l~r]~ kson Attest: Mayor ~ Village Clerk-Treasurer Published in the New Hope-Plymouth Post this ~ day of ORDINANCE NO. 72-14 AN ORDINANCE AMENDi~NG SECTIONS 1L70 THROUGH 11.77, INCLUSIVE, OF THE VILLAGE CODE RELATING TO REGULATION OF GO-KARTS, SNOWMOBILES AND MINI-BIKES. Village of New Hope, Minnesota The Village Council of the Village of ' New Hope ordains: TH~ NEW HOPE-PLYMOUTH POST Section 1 Sections 11.70 through 1t.77, incluslve of the Village Code are hereby amended 'to read as follows: 11.71 Intent. AFFIDAVIT OF PUBLICATION It is the intent of this ordinance to supplement the Laws Of the State of Minnesota, Chapters 168 through 171, Minnesota Statutes, with respect to the operation of certain motor vehicles . commonly called go-karts, rnini-bikes ~ ST,J~.TE O~' and snowrnobiies. This ordinance is not intended to allow what the state statut&s prohibit nor to ~rohibit what the state statutes expressly allo~v. 11.72 Detinitions. The following words and phrases when use¢ in Sections 11.71 through - E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of ll.77 have the meanings as set out The Post Publishing Co., publisher and printer of the newspaper known as herein: Subd. (1) "Go Kart and Mini-Bike." r~l'~E NEW HOPE-PLYMOUTH POST Go-karts and mini-bikes mean every self-propelled device or vehicle in, andhasfuIIknowledgeofthefactshereinstatedasfollows: ~ upon or by which any person is or rnay (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent ,~ be transported or drawn upon a in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each '? highway oJ'naturalterrainor designed week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community to travel on wheels in contact with the which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, '- ground, except autornob es, trucks, plate matler and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports snowmobiles and devices or vehicles to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its ~;~ 'move~ by human power, total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its ~ Subd. (2) "Operate." local post-office. (5) Said newspaper purports to serve the ~: Operate means to ride in or on and [~' control th'e operation of a snowmobile, VILLAGE OF NEW HOPE AND PLYMOUTH ~., go-kart or mini bike. in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open ;-,~ during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and Subd. (3) "Operator." · maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control Operator means every person who during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each [ operates or is in actual physical 'ssue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions control of a snowmobile, go-kart or ~ for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with rnh~i-bike, the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form Subd. (4) "Roadway." ; prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a Roadway means that portion of a notary public stating that the newspaper is a legal newspaper. higl~way improved, designed or or- dinarily used for vehicular tratfic, .,, ~..~.~ ~ .~...<~.._.../.,~ ~.Su~d. (5) "Snowmobile." He further states on oath that the printed ...................... Snowmobile means a self-propelled ~,-~'vehJcle designed for travel on snow or :,~i ice or a natural terrain steered by 'wheels, skis or runners. ' ..................................................................................................................... ~ (3) In a manner so as to create a loud, ~ unnecessary or unusual rio se hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in ~' which disturbs, annOys or in.. "terferes with the peace and quiet of ~.~. ~, other- persons, the Englis~ge, o?ce each week, for.../.., successive weeks; that it was first so published on [,~(4) No person shall operate a ~t~ snowmobile go*kart or rn n -b ke " '-'~-'~'--vof..J~ ~ ~vithin the Village between the the~;).~. ..... da ~ ........... 19. ~.t..and was thereafter printed and published on every ..................... hours of one half hour after sunset '~.~.to one-half hour before sunrise. . Subd. (2) Unattended Snowmobiles. to and includin~he .......... day of ........................ 19 ...... and that the following is a printed copy of the ~ It is unlawful for the owner or ; operator to leave or allow a ,~snowrnobile to be or remain unat- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in tended on public property. ~ Subd. (3) Exception, · :~ Notwithstanding the provisions of the composition and publication of said notice, to wit: ;~'Subdivision (1), Causes (1) and (2) of this sect on, the Director Of Parks and ~, Recreation shall have authority to abcdefghijklmnopqrstuvwxyz 5V2 pt. Sans supervise and regulate events or grograrns in connection with events 11.7~ Operation on VillaBo Streets or .......... . .................. Highways. Subd. (1) On Roadway. No persons shall operate a Subscribed andswornto~efore snowmobile, mini-bike or go-kart upon roadway, boulevard or inside bank or me this~~ .... .day~ ~ A,~I~. ~...~. slope of any Village street or highway, ' ...... .except as provided n .this .section, or unless licensed by the State of Min- ~~ / ~. nesota to travel on roads and streets. · ..................... . ..................... Subd. (2) Direct Crossings, A snowmobile may make a direct crossing of a Village street or highway (NOTA provided: (1) Thecrossing s made.at an angle of Notary Public ...... County, Minnesota approximately 90 degrees to the ......................... direction of the highway and at a place where no obstruction prevents a quick and safe crossing; My Commission Expires .............................. 19 ...... and (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and (3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; ~,~¥ C~;'~L~t~i~4~ F_~,.~'~ ~ ?~./_?~, ! '; ~'~ and (4) In crossing a divided highway, the crossing is made only at an in- tersection of such highway with another public street oJ~ Illghway. ? ~ /3j ORDINANCE NO. ~Z-/~ AN 'ORDINANCE FURTHER AMENDING CHAPTER 4 OF THE VILLAGE CODE RBL~TI'NGTO "EXTENT iOF LB' LIMITED BUSINESS'DISTRICTS" · The Villa. ge iCouncil iof tke Village of New Hope, Minnesota ordains: iSe'ct%:on' 1. ' Section 4.104 "Extent of Limited Business District"' is. hereby amended by. the' addition thereto of Sub- section ~'7~i to' ·re·ad as 'followS: (17)', Tkat part of the East :210 .feet of the West 4210. feet of the West 1/2· iof the Northeast 1/4 of the 'Southeast 1/4 lyi.ng NOrth.-iof the ·South 48.0 feet·· therelo'f~· subjectl :to road, Section 6, Township 118,. Range 21 (SE Corner' .of Wisconsin Avenue North and' Bass Lake Road) ' :Se'c~t:iion' 2 This :ordinance sh'all take effect', upon its p as s.age 'an~ion. Dated the' ~'c~ day of'' ~'~_ .... 1,9:72.' Publish:ed in the..NeI~..Hope=PlYmoutk 'Post :tke .... 7;-., .19 7z. ' THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN . . , being duly sworn, on oath says he is and during all the times herein stated ha~ been the~ The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January ], 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed.. ~4 .,<C~-~- .~.~~ ......... : .................................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English ~nguage, o~ce each week, for../.., successive weeks; that it was first so published on/.~...~~~ the .......... day u~/. -..~ .......... ] 9.. .... and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size end kind of type used in the cum position and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Notary Public, .............................. County, Ntinnesota N~y Commission Expires .............................. 19 ...... ORDINANCE NO. 72-/~ AN ORDINANCE RELATING TO ELECTIONS, ESTABLISHING AN ABSENTEE BALLOT PRECINCT, DESCRIBING THE FUNCTION OF THE ABSENTEE BALLOT PRECINCT AND TABULATING AND COUNTING OF ABSENTEE BALLOTS AND PROVIDING THAT THE ORDINANCE BE ADOPTED PURSUANT TO THE PROVISIONS OF MINNESOTA LAWS OF 1969, CHAPTER 657. The Village Council of the Village of New Hope ordains: Section 1 The Village Code is hereby amended by the addition thereto of Section 2.13, Absentee Ballot Precinct, and subsections 2.14, through 2.17 as follows: 2.13 Absentee Ballot Precinct 2.14 Establishinq an Absentee Ballot ~reFinqt. There is hereby created an absentee ballot precinct pursuant to Chapter 657 of the Minnesota Laws of 1969 to supplement the general election laws contained in Minnesota Statutes Annotated, Chapter 207. 2.15 Duties q..~_Absentee Ballot ?recinct. An absentee ballot precinct Shall be a-bo~'d Set up by the election offlcial of the Village of New Hope with the following duties: A. Receive all absentee ballots for a primary or general election held within the Village of New Hope. B. Check the registration of each absentee ballot against the permanent voter registration file. C. Determine the precinct of each absentee ballot voter and report the results of such election to each precinct with such results to be tabulated with that precinct. D. Prepare a list for submission to each precinct within the Village of New Hope prior to the close of the election day for the precinct officials to check against the voter registration file to ascertain if any absentee ballot voter voted by person. E. ReJect any absentee ballots of persons who had voted at a precinct, maktng a notation on the envelope of the absentee ballot as to the reasons for rejection. F. After the polls have closed in the Village, the b~ard shall count the absentee ballots by opening them and tabulating the vote of each absentee ballot voter in a manner which will indicate each vote of the absentee voter and designate that the vote was received by absentee ballot. 2.16 Appointment of Members. The election official of the Village of New Hope shall be charged with the responsibility of appointing the number of persons he deems necessary to carry out the duties of the absentee ballot precinct. 2.17 ~om~ensation of Members. The election official of the Village of New Hope shall pay a reasonable compensation to each member of the absentee ballot precinct for his services rendered during each election. Section 2. This ordinance and amendment to the New Hope Village Code shall be effective from and after its passage and publication in the New Hope Plymouth-Post, the official newspaper of the Village. Passed by the Village Council of the Village of New Hope this 26th day of June, 1972. Attest: ~~ ~l~-~reasurer Pubi ished in the New Hope-Plymouth Post this ~ day of July, 1972. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN[ SS. ~ .... ,_,~4=~=,,~+. being duly sworn, on oath says he is and during all the times herein stated has been the The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of ifs total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VII ,!,AGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and sublect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 end each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed. ~.~~ .~......~... ...... .?..~...~..~..~.. ....................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publ~hed there..inin English,~anguage/.~nce each week, for. ~.... successive weeks;that it was first so published on ~~ the the...~....'"~...u'"'"day of · .~.~. ........... 197.~...and was thereafter printed and published on every .................... ~ // ~,' to and includin~'the...' ....... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5½ pt. Sans amendment :to the. N~v H0pe Village COde st~a!l 6e eff~f?v~ fr0m and after ' ~ i~ pas~ge and~U~e~i~ in the ~ew Subscribed a~rn tO b~ore ~ ~ew~a~ of fhe Village-~ ~ Pasged by ~e :v~t~ag~ council dt the - ~ village of NeW ~pe fhis 26th day of . S) Eaw~d J. Erickson ' ;: ;; . ~'ayor · ~ ......................................... ~(te%t: (s) ,~ft~ :P&uliO~:~ :. :~ ';;; ' ~~ : :, ~ (NOTARIAL SEAL) .E~ymOuth Post ~hls ~th day of JUly, 1~2.) -. : , : Notary Public ............................... County, ~lnnesota My Commission Expires .............................. ~9 ...... ORDINANCE NO. 72 -/~ AN ORDINANCE AMENDING SECTIONS 5.52 AND 5.169 OF THE VILLAGE CODE RELATING TO SEWER AND WATER RATES AND CHARGES The Village Council of the Village of New Hope ordains: Section 1. Section 5.52, Rates, is amended by substituting the fOtlSwing"par~graPh's dn~ier subdivision 1: (a) For each business, plant institution or similar unit .... $9.50 (b) For each grade school per 100 pupils ............ $9.90 {c) For each junior high school or high school per 100 pupils .... $23.75 (d) For each residence, resident unit or other unit ........ $9.50 Section 2. Section 5.52, Rates, is further amended by sub- stitut[hg 'the--foli~Wi'hg Paragraphs Under Subd. {2) a and b, C_harges: (a) Business, Plant or Institution. For each business) plant, institution or similar unit (excluding schools) in the conduct of which persons are regularly engaged on the premises, as employees or otherwise, the said flat charge shall be as follows: For the equivalent of 10 or less persons. . . .$7.00 For the equivalent of more than 10 but less than 16 persons ........ $10.60 For the equivalent of more t~a~ i5 b~t less than 21 persons ........... 317.40 (b) Schools. For each public or private school the quarterly flat charge shall be charged, whether school is in session or not (rates having been based upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the p. receding period if school is not them in session; and shall be as follows: For each I00 grade school students or fraction in excess thereof ...... $9.90 For each I00 junior high school or high school student or fraction in excess thereof . . $23.75 Section 3. Section 5.52, Rates, is further amended by sub- stitution o~.the following paragraphs for Subd. 3, Meter Flow Charges. Subd. (3) Meter Flow CharqeSo For all premises where the rate is to be based upon the metered use of water, the rates shall be 35.58¢ for each 1,000 gallons of water consumption. Section 4. Section 5.169, Water Rates, Subd. (I) Single Family. Residence (b) is amended by the substitution of 40¢ instead of 35¢ per 1,000 gallons of the first 30,000 gallons, and by the substitution of 35¢ per t,000 gallons thereafter, instead of 30¢° "(b) Where a multiple dwelling has one meter, which shall be read quarterly, the same rate as specified in SubdivisiOn (I) (b) of this Section shall apply, except that the reduction of rate from 40¢ to 35¢ per gallon shall take effect on all gallons metered in excess of 30,000 gallons times the number of housekeeping units in the dwelling." Section 6. Section 5.169, Water Rates, Su. bd~. 3, Schools, is amended to read: The rate shall be 35¢ per 1,000 gallons. This ordinance shall take effect on August I, 1972. Dated the 24 day of July . , 1972. ......... ~ I er k-Trea surer (Published in the New FDpe-Plymouth Post this 27 day of July _, 1972.) --2-- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. the He further states on oath that the printed ...... ~.?~ ~ .~.'. .... ...~....:...~...~...~..~. ~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publisl~ed therein in the.the Englis~lguage~/~ce each week, for../., successive weeks; that it was first so published on?.. ) ._l./ '~~/' .%. of-/~7 ........... was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans ~ L~ ~ . Subscribed and swor~ to before (NOTARIAL' SEAL) take effect~on Notary Public ............................... County, Minnesota .: My Commission Expires .............................. 19 ...... · F~;ymouth ,Post ORDINANCE NO. 72-/~¢ AN ORDINANCE ADDING SUBDIVISION (9)(G), SECTION 4.23 REOUIRING SITE IMPROVEMENT AGREEMENTS AND BONDS FOR ALL PLANNED UN I T DEVELOF~ENTS The Vi I lage Council of the Vii lage of New Hope ordains: Section 4.23 is hereby amended by adding Subd. (9)(G) as fo I Iows: Prior to the issuance of a building permit as part of Planned Unit Development, the permit appl icant, bui Ider, or developer shall execute and del iver to the Counci I a site improvement agreement providing for the installation within one year of the off-site and on-site improvements as approved by the Council, secured by a cash escrow or surety bond in an amount and with surety and conditions satisfactory to the Vii lage, to insure the Vi I tage that such improvements will be actually constructed and instal led according to specifications and plans approved by the Vi Ilage as expressed in such agree- ment. The amount of the bond shall be one and one-half (I I/2) times the estimated cost of the improvements as determined by the Village Building Inspector. Passed by the Village Council this .~z/ day of 1972. J Edwar~d~-I~ri.ckson Attest: CI erk-Treasurer (Published in the New Hope-Plymouth Post on the 3rd day of August, 1972) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF HENNEPIN ~ SS. E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH i in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has compiled with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed....~.. ~' .~..~]~..~.~.~.....~..~! ~..2..~.. Y..~..~.. ....................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed end publj?hed therein in the English la~uage, once each week, for.. ?...successive weeks; that it was first so published on~.~..~'~..~..~.~// th e. ~ ...... day of. ~.'~ .... 19. ?.~.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the · -. lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscr{bed and sworn to before 1qofary Cublic ............................... County, ~innesofa t~¥ Commission ~=×glres .............................. 19 ...... THE NEW I'[OPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has fu II knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve end does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has et least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions ' for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the prlnted///' ~~' ' 7~' '~' '~' ' ~' '~'/' ' ' '~' '~ ' ' '~' ' '~' ' ' "~' '~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed anTbZt~.~her~,n~,/~'~ the each week, for.. ...successive w aks that it was first se pub,shed on the. 2Z~.... day of ..f.f.f.f.f.f.f.f~ ........... 19 ...... ~ and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... 'ORD. INANCE~ NO. 72 AN'ORDINANCE AMENDING SECTION 10.10 OF THE. VILLKGE CODE PERTAINING TO BEER LICENSES The Village ~Council of the Village of New Hope ordains: Se'etlOn 1. Section 10.'12, Lfcense Required, Subd. 1., On Sale, i's-Kereb'y amended in its entirety to read as follows: "'S~b'd. el.)' ~O'n 'S'gle...~ "On sale" licenses shall be granted only to "~rug st-ores,~ restaurants, hotels, bona fide clubs and es't'ahlishments for the sale of non-intoxicating malt be'.Verages, c~gars,' cigarettes, all forms 'of tobacco, beverages and soft drinks at' retail''. 'Sec:ti~On~'2. 'Se'c~io'n 'l'0'.il~3~.'L'i'ce'~s'e'~fe'e~s~'~S'ub'R.~'l~, ~mOUnt, is hereb'y 'gme~.de'd ~in its entirety to read as follows: "Sub'd ''([~2.] KmOUnt. 'On-Sale: ~The annual fees for an "On-Sale" license shall be $4.00..00, provided hOwever that the annual fees for a bona fide~ club, as 'defined elsewhere in this ordinance shall be. $S.00~. Sec~tiOn 3.' 'S'e'c~t~.fo'~ I'0~.i1S~' 'Ii~ves~t~i~g~t'i'o'~ 'and He~grfng,, He~ari'n~g~'i's am6ndeR by the.addition t'k~r~ito' at !t~e end of ~'aid sub-' division of the following: "A hearing shall not ~e required as to an eh-sale permit issued to a bona fide' club, except upon mo't~on of the[ Village Council.~' Sec:t'~o~ 4. "Sec~t'io'n l'0~.16,~iTran'sf~e~r~ab'i:li"t'y Of 'L'ilcense is amended' by the"additlon there't[o at {the."en~ ~0~f'~s~aid Subdiv'isio'n of't.he following- "Proof of the' thee'right to~ the possession of the premises for wKich' a license 'is issued' may be required at ~any time, either during the term o£ the' license or at the time of appli'ca'ti0n or renewal, and lackS'of evidence satisfactory to the] Village Council of Such right to possession of the licensed premises by the license'e, shall' be grounds for r. evocation of the license." ..... Sec~t%on. S. ~.'Se'c:t~ion.l'O..19', ~c[0ndi[{i~o'n.-olf [LTce~se, Sub'd. (t[) Mi'nor 'Cons'ump't'f'On and LOite~ring, is 'amended by deleting the pres.ant wordi~'g"' in its 'entirety and by subSti'tuti.ng the following therefor: ~"SUb~d. el) Mi'~ors. It shall be unlawful for any: (1) Licensee or his employee to sell or serve non- intoxi~cating malt liquor to any minor or to permit any minor to consume non-intoxicating.malt liquor on the licensed premises ~or to permit any minor to loiter or to remain · n the room ~here non-intoXicating malt liquor is being sold or served unless 'accompanied by his parent or l~gal guardian; C2) Person ot~e~ than t~e parent or l~gal.guardian to procure non-intoXicating malt liquor for any m~nor; (S) _Per,on to induce a mino~ to purchase 'or procure non- intoxicating malt liquor~ ~4) Minor to misrepresent ~is age for tke purpose of obtaining non-intoxicating malt liquor; (5) Minor to consume any non-intoxicating malt liquor unless in the company of ~is parent or guardian; (6) Minor to have in ~is possession any non-intoxicating malt liquor, ~itk inte:nt ~to consume same at a place other than the: h'ouse'hold of tis parent or guardian. Possession of Such non-intoxicating malt liquor at a place other than the houseko'ld of his parent or guardian shall he prima facie evidence of intent to consume 'the same at a place other than the ~ho'usehold of his parent or guardian. ........... S'ec~i'On~ 6.. '.S'e~c~'iOn..l'0"..:l'8.,: P'I~ce"s %'~e'l'igi~b'l'e 'For L'i~ce~nSe, Sub'd ' ('2) ~Pro-xi~'y 't~o -s~hooi"s 'an'~ 'Ckurche s~ is 're p'e'~al ~d .' ' 'S'e~Cfi'O~,"?. Section 1~.23,' Clubs, is repealed. 'Se'c:tion 8. Eff'ec~tive 'Date. This ordinance shall be in full force and' e'ffe~t upon its pass'g'ge and publication in. the New Hope- PlYmouth Post, the official newspaper of the Village, ~s:od this ~'~" d~y' of ""'~'~'~"'""'"'"'" .... ~" ~72'.' : · . . ... .... . ........ j- . '~':~: :~:." 'Z/" ~ ..... /'~ ~: -- Ma:or "~ Clerk- Tre ~s'u're r (P.ubli. sEed in t~e Ne~ Hope~'Plymouth Post this ~'day of~&s'~, 1~72.) / THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (9) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publiahed therein in theEng~`h/~gu~ge~nceeach~ek~f~r~/~s~ccessi~weeks;fhati~wasf~rsts~p~b~ished~n~:~j~ ~~, fha .~. i'..."~., i day o,...~..~ .... 19..~ .~.. and was thereafter printed and published on every ................. .~... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in for any f the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans ~f his ~uch non-intoxicating malt liquor at Subscribed an~orn to before ~ his parent or guardian shall be prima facie evidence of intent to ay .~.¥~)nsume the same eta place other :~,thas~ the household of his pafer~t or ~ guardiar[. Sectioa 6. Section ]0.18, Places Ineligible For License,' Suhd. (2) ProxilJ~ ty iQ Schools and Churches is (NOTA RIAL SEAL) repea ed. . ~Jion .7. Section 10.23, Clubs, is Notary Public ...... County, Minnesota repe~ed, ' ' ' . ......................... Section 8.~ EffeCtive Date. ~h!s or- din&ore'shall be in full forceand effect upon itsPassage and publication in the My Commission Expires .............................. 19 ...... Hew HbPe~PiYrn°uth Post, the official newspaper of, five V.itl'age. 1972. ORDINANCE NO..' 7'2-.20 AN ORDINANCE ADDING SECTION 91.-200 TO THE VILLAGE CODE RELATING TO THE PRO- HIBITION OF .OUTDOOR SALES OF GOODS OR SERVICES FROM MOTOR VEHICLE'S The' Viii.age Council of the Viii.age .of New Hope ordains: Se'ctilon' 1. Chapter 9 of the Village Code is hereby amended by add~.ng th~er'e'to the following: "9.200 · iO'UTD:O'OR 'SALE'S ~O'F iGO'O'DS: 'OR 'SERVI'CE'S 'FROM MO'TOR '¥'EH"I"C LES Subd~ (1) ' 'De£i'ni'tio'ns. The following definitions shall apply in the interpretation and enforcement of this 'ordinance. (a) "Motor Vehicle" shall mean a machine propelled by power other than bY hUman power designed to. 'travel..along the ground by' use of' wheels, 'treads,' runn'ers '0r slides, and 'transport persons 'or pull machinery and shall include bY way of..example, and not limitation, .automobiles, trucks,' 'trailers and motorcycles. (b) "Person" shall meaK any person, firm, partnership, 'assoc.iation~ corporation, company or o.rganization o'~- any kind. (c) "Major Thoroughfare" shall mean any arterial highway as that term is defined in Section 4.23(4)(A) .of the New Hope Villa'ge Code. Subd. (2) 'Out'doo'r Sale'S of Goo'ds' :o'r 'Ser'ViCes 'From Mot'or VehiCle's 'Res:tricted. The practice of tr. avelin~ -upon the public streets of the' Village of New Hope, selling, offering to sell, 'or soliciting orders for the sale of goods 'or serVices 'from a motor vehicle upon any maj'or thoroughfare or within i25 feet of the right-of-way of any intersection constitutes' a traffic hazard, is 'inherently dangerous to the safety of children, and therefore is 'he~rebY declared to be' a public nuisance, and is prohibited. Subd. (3) Use' 'of No~is'e~maki'~g ~DeVices~ ~Pro'hi~bited. The practice of giving notice of the presence of such motor vehicle by the-.ringing of a bell, gong, triangle, record, tape, musical instrument, or other similar device for the purpose of selling, offering to ~se'll, or soliciting orders for the sale of goods or services is .declared to be a public nuisance and is hereby prohibited." ~Sec~t~i~on 2. P~e~nalty. Any person violating any provision of this ~ordinance shall be guilty of a' misdemeanor and shall be punished by a fine not ~o exceed $300 or by imprisonment not to exceed 90 days ~or both. 'Se~c~t'i~o~ 3. This 'ordinance shall be in full force and effect from and after~ its passage and publication. Passed bF the 'Village Council o£ the Village of New Hope ~rl~-Treasurer (Published in the New Ho.pe-PlYmouth Post this .~ day of' '~ff~,~7z' ......... , 1972.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA f COUNTY OF HENNEPIN~ SS. E. C. L'Herautt, being duty sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1] Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent , in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the · VILLAGE OF NEW HOPE AND PLYMOUTH e '~ in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and er maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society· (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ......k~,~..c~. .............................................................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, onc(~ach week, for .... Jsuccessive weeks; that it was first so published onC~~~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and sworn to before ~ Notary Public ............................... County, Minnesofa My Commission Expires .............................. 19 ...... ORDINANCE NO. 72 - ~/ AN ORDINANCE AMENDING ORDINANCE NO. 71-17 ENTITLED "AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON- RETURNABLE DISPOSABLE BEVERAGE CONTAINERS, PROVID- ING FOR THE REDEMPTION OF RETURNABLE CONTAINERS, PROVIDING FOR INSPECTIONS, AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF, ADDING SECTION 9.180" The Village Council of the Village of New Hope ordains: Section 1. Section'2 of Ordinance No. 71-17.entitled "An Ordinance Prohibiting the Sale.of Certain Non-Returns. able Disposable Beverage Containers, Providing for Inspections, and Providing Penalties for Violations of the Provisions There- of, Adding Section 9.180" shall be and the same is hereby amended to read as follows: "Section 2. Effective Date. This ordinance shall take effect "(15') days after its pUbii'Cation. Provisions of..this ordinance shall apply to all sales, offers for sale, dis- tributions or donations of beverages in non-returnable or dis- posable beverage containers as defined herein, made after September l, 1973, but not until adoption of a similar ordinance by those communities sharing a contiguous border with the Village of New Hope". Section 2. The foregoing amendment to the effective date of ordinahce'No. 71-17 shall take effect 15 days after its publ i cati on. Passed by the Village Council of New Hope, Minnesota, this 14th day of August, 1972. AI'FEST: ~---~. (Published in the New Hope-Plymouth Post on /~ ,;//,, , , 1972). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishlng Co., publlsher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed. ~~.. ·..~... '...'~..?.: .~..../. ......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Eng li_~s%~'lguage, once each week, for,-~.., success ve weeks; that it was first so published on ~~ the. J/ ..... day of.~ .... 19.?...~/.. and was thereafter printed and published on evell . to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower cas~ alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the corn position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans ,before ~ Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO.' 72' ~z~ AN 0 RDI NAN'CB; · FURTHER. AMEND I NG SECTI.ON 10 .:10 i. OF THE. VILLAGE CODE iRF. LATtNG TO BEER LICENSES ~The Vill.age 'CoUncil of th.el Vill.age of New~ Hope ordains: S'e'c.ti~on 1. SeC.ti.o'n 1'0'.1'3'~ 'LiCense' 'Fe'es,: S~b'd'.' '1'~' ~tmo'unt,. is hereby ~o'rea--~d~a-~- '"fo.TI~Ws. :"~--~-- '~ ....~ ...... -~" 'tSUb'd~. ('i)' ~mount. ' On-Sale: - 'The annual fees for an '~~".'llcense"-shall be $4.0:0.00., pr.ovid-ed however th.aL :the:' annual fees for a bona fide. club, as defined elsewtmre in this-ordinance 'shall be $10.00. Se'c:tion: 2.. 'Effe'c:ti~e '~'ate.. This ordinance shall be in full force--ct upon~ge .and publication in-.the New Hope-PlYmouth Post, the official newspaper of the Village. Passed this ~ day of' , 197Z. /~r ~ ayor Attest: er (Published in the New Hop'e-Plymouth. Post .this day of ...... 19'72' ..) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further stateson oath that the printed.. ~~ ~'~'~' .~..'..~...-.~/.../~..... ~. ~..... 2.'~'' .~..~.'...~. ................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publish, ed therein in the E ng s h lan u age on e achweek for the.../i?...., day o~~.~"?....~...q9.?.~.~'/..., and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size end kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans Subscribed and ~ to before / (NOTARIAl- SEAL) v Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 72-23 AN ORDINANCE AMENDING SECTION 4.103 OF THE ZONING ORDINANCE RELATING TO CHANGE IN MULTIPLE-FAMILY RESIDENCE DISTRICTS THE VILLAGE COUNCIL of the Village of New Hope ordains as follows: Section'l. Section 4.103 is hereby amended by the addition of the following: (31) Lot 14, Block 3, Mork-Campion Manor 2nd Addition. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, the llth day of September, 1972. ~. -- ~ Mayor ATTEST: Published in the New Hope-Plymouth Post the -~S~ day of ~ ~/~/~ , 1972. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION !~'~ STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer Of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a le~l newspaper. He further states on oath that the printed..,,~..~... ....................................................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published tharain in to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of tha lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz~51/2 pt. Sans Subscribed and sw~_~ before (NOTARIAL SEAL) Notary Public ............................... County, /Winnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 72-24 AN ORDINANCE ADDING CAR WASH USES BY SPECIAL USE PERMIT IN RETAIL BUSINESS DISTRICTS SUBSECTION (3) SECTION 4.44 AND GENERAL BUSINESS DISTRICTS SUB- SECTION (4) SECTION 4.44 OF THE VILLAGE ZONING CODE. The Village Council of the Village of New Hope ordains: Section 4.44. Section 4.44 Subsection (3) is amended to read as roi lows: (3) in Retail Business Districts: Clubs and lodges, non-profit; Commercial recreation (such as bowling alley, pool hall); Fuel and ice sales; Mortua r i es; Outdoor sales; Restaurants with live entertainment and dancing.; Seasona I bus i nesses; Taxi stand; Car washes. Section 4.44. Section 4.44 Subsection (4) is amended to read as follows: (4) In General Business Districts: Schools, music, dance or business. Car washes. Passed by the Village Council of the Village of New Hope, Minnesota, this 25 day of September... , 1972. ./~ ~] Mayor Attest: ~~ (Published In New Hope-Plymouth Post October 12, ,1972.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has fu II knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has et least 500 copies regularly delivered to paying subscribers, has an average Of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin ahd it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and et which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi~ed therein, in the E~:s,~uage~or.../.~.successive w~eks; that itwas firstso published on .?:~ the. ,~.~i ...... day of... i .................. 19...'.~..and was thereafter printed and published on every ..................... · to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and swo~n to before me this //' ~ o da of~ A D 19 THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the'President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has ifs known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further,~states on oath that the printed ~..~'/~. ~..~%... ~../~...~...~... !/'.~..~'E...~......./~'...'~ .~.~....~.~ the Englis,~_~j~ uage, once each week, for./....successiveweeks; that,.s~.~_ ' it wasfirst so published on./~--~.~.~. ~/ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and swot,,? to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE 72-25 AN ORDINANCE AMENDING SECTION 4.22 SUBD. (I) OF THE VILLAGE CODE (TOWN HOUSE REGULATIONS) The Council of the Village of New Hope, Minnesota, ordains: Section I. Section 4.22 Subd. (I) is amended to read as follows: :~4.22 Subd. (I) Lot Area, Height, Lot Width, Yard and other Requirements for TR Districts. (A) No residential structure shall exceed 35 feet in helght. (B) The following minimum requirements shall be observed: !. Lot area per dwelling unit 11,600 square feet, minimum; 2. There shall be a minimum of 20 feet between buildings if more than one building; 3. Each unit shall have 1,100 square feet of floor area whether one story or two stories; 4. Each unit shall have an additional I00 square feet of floor area for each additional bedroom when there are more than two bedrooms; 5. Each townhouse unit shall provide garaglng for two cars; 6. Each unit shall be provided with one outside parking space; ?. Upon approval by the Village Manager of covenants and agreements between property owners as to common areas, building permits may be issued, even though each housing unit does not front on a public street. The Village Manager and staff shall use reasonable access and guarantee of maintenance as criteria in approving access of each housing unit. Appeal from the determination of the Village Manager shall be made in writing within 21 days after written notice from the Manager to the applicant. The same procedure and criteria shall apply to availability of maintenance of sewer, water, storm sewer and utilities~ 8. All TR construction for which a permit is applied for after the date of this ordinance shall be provided with underground electrical power; 9. All TR developments presently constructed, but for which TR classification is requested subsequent to the effective date of this ordinance shall be provided with underground electrical power within 5 years of the date of this ordinance. Section 2. Effective Date. This ordinance shall be effective after Its passage and publication. Dated this 13th day of November , 1972. Attest: .~.~x_.~ X~l e~k-Treasurer (Published in the New Hope-Plymouth Post the and ~Qtb. day~ of November , 1972). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publ ishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale Of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction end control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society· (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding ,he day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of AAinnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ...~ .... ?.,.~....~..c~. ~..~... ....................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Englishz~guage, once each week, for.././., successive we~eks$ that it was first so published on .'.~.~..~ the. ~..~. ~y of.~/~.~..~'.~'~?/~19.7~., and was thereafter printed and pub, ,shed on every .................. to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and swor~ to before Notary Public ............................... County, N~innesota AAy Commission Expires .............................. 19 ...... · THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN[ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He furth.er states, on oath that the printed~..-.....~.... ,~..~4~...,..~... '..~... !.~~..~'..~....~ , ................. theEng~sh~guage~nceeachweek~f~r~/~successiveweeks;~hatitwas~rs~s~pub~shed~n/j~~`~~--///~- -- the. ~..Y ..... day o~ ...... 19.~... and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sw~o before~ me ' ..~..~ ...... day o ....... A.D., 19...~.~. Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 7~-~> AN ORDINANCE ~qENDING. SECTIDN'8..14~ OF THE ¥ILLAGE CODE RELATING TO EXPIRATION . DATE OF~LICENSE AND'LICENSE FEE FOR RHBBISH AND GARBAGE HAULERS Village of NeTM Hope, Minnesota The Village Council of the Village of New Hope ordain's:' ' Section 1. Secti:on' 8.144 ~of the' Village Code is :amended by add~ollowing: -With regard to all license's issued for the year 1.973, the fee for each license shall be $i. 2..50 per licensee and'each such license shall'expire on th.e SOth day of June following the date~ of'iSsuance." SeCCion 2.. This 'ordinance 'shall be effectiue from and after. ~--~'~passage and publication. ' Pass:ed by the Village Council of the Village of New Hope this 26. th day of.DeCember, 1,972.. /...' ~ EdWa'~r~' J'. :Brickson, Mayor Attes.t. ; : · Be~yj~xP.~uliot ,. Clerk-Treasurer (Published in the New Hope-PlYmouth Post :th.e: '+/'~ day of ~ _, 19'7~..) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer Of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in English I.anguag e, once each week, for....~., successive weeks; that it was first so published on .~...~...~..~.~ the ttleii.d~day~...6~..7, 19'~'-~;' and was thereafter printed and published on every · luding the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans Subscribed an~d sw.~..__~ to before /~ me t~da~~ ..... ..... ............................................... Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO' 72' - ~7 AN ORDINANCE AMENDING SECTION .9.08 .OF THE VILLAGE CODE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDI. TIONS HAZARDOUS .TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER LIKE EMERGENCIES; 'IMPOSING PENALTIES FOR THE VIOLATION THEREOF: ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFF-I-CERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, AND RENUMBERING SECTION 12.1S OF THE VILLAGE CODE RELATING. TO OPEN FLAMES ON APARTMENT BALCONY Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: iS'e:ct'i'.on' 1. Section 9.01 Subd. (1.) of the Village Code is amended to re'ad: "SUbd. (1) Ado'pt'io'n. There is hereby adopted by the Village of New Hope for the purpos'e~ of p.reScribing .regulations governing conditions hazardous to. life and"prop'e, rty from fire, explosion and other like. emergencies that certain code known as the' Fire Prevention` Code recommended by the American Insurance Association, being particularily the 1970 edition (including October, 1972 revision) th.e.reof and that certain Code known as the Life Safety Code 1970 recommended by the National Fire Protection Association" being p'articul'arily the '1970 edition thereof (NFPA No. 10'1-1970) and the whole of each thereof, save and except such portions 'as are her'einafter deleted, modified or amended, of which codes not .less than three (3.) copies of each have been and now are filed in th~ office of the Cl'erk-Treasurer of the Vil'lage of .New and the same are helreb'y adopted and incorporated as fu%ly as if set o'u~ at length he.r'ein, and from t.he effective date of this ordinance shall take~ effect, the provisions thereof shall be contro~lling within the limits 'of the Village of .New Hope." Selct'ilon~ 2. Section 9.01 Subd. (2) (a) of the Village Code is 'amend'e'd to read: "(a) wheneVerl the vcords "municipality" or "authority having jurisdiction" are used in the Pi.re-Pre.vention Code or Life Safety Code 1970, it shall be held to' mean the Village of New Hope." Section 3. SeC'ti. on 9.03. of the l/illage Co.de is amended to..read: "9.03 F'ire 'P're've.n~tilon 'Dis't'ric't's Subd. (1.) 'S't'o:rage' 'o'f 'E'xp'l:0"sli~e and 'B'laS t'ing 'Ageln'ts. The limits', referred to in Se.ction 12.,Sb of the' Fire Prevention Code in wtiich st'orage 'of explosive and '.b'tasting agents."is pr0hi'b, ilt'e.d.,' are hereby. 'es t'a:b- lishe'R as ~oliows: Ail areas.'z0aed "single-family residence .districts". , "to~nhouse .residence ' districts", "multiple-'family resi'derme dis'tricts~'", '"retail business' districts.'-', "l'imited bnsiness districts" and "general bus ines s' dis'tricts"'. ' SubS. (.'2), 'St'o. rage' 'o'f FTa~mgb'le' Liquids %n' 'O'ut's~ilde ~b:oVe'-'iGro'~nd'' :T'a'~iS'. (a) The limit ~referred to in SeCtion 16.22a of the' Fire'P.revention Code in which storage of-fla'mmab.le liquids in outside above-grOund tanks is prohibited, are he'reby est'ablished as follows: :Ail areas zoned "single-'family residence districts.", "to, hbo'use-residence dist-ricts.", "retail business- 'districts'", "l'imite.cI business districts?" and !'general business-districts'". (b) The limits'. :refe'rred. to in Section 16.61 of the Fire Prevention Code, in 'which .new bulk plants -for flammable liquids-are pro- hi'bited', are hereby established as follows: All areas zo,ned' "single-family residence districts.", "townhouse- i.resi'dence districts", "multiple'- family res i:dence dis tricts", "retail business dis'tri, cts.", "limited business districts." and ."general business districts'". Sub d. (S.) 'Bulk S't:'o'r'age :o'f 'Li.qui'fi?'R Pe~fr:.OleUm 'Gas es. The: l'imits~ :referred to. in SeCtion 21.6a of the Fire Prevention Code, in'which bUlk sro.rage of liquified pet~ role'urn, gas 'is res'tri-cte:d., are hereby e. stabiished as follows: All areas, zoned "singl'e-:family residence districts'", "to~nhouse-'ires'i:dence dis't'ricts?", "multiple family residence districts'', "re'tail bUsiness-'dis'.tricts", "limited'business districts.''~ and "general bUsiness- districts"." : Section 4. Section 9.04 Subd..('7) of the Vi:llage 'Code i.relating to B'urni,ng R?g~lati,ons 'is hereby repealed. ' ' Section 5. Section 12 ..15 of the Village Code r. ellating to, Open' Flames on Apartment Balcony is hereby re-number'ed' as SeCti'on 9;04. Section 6. All former ordinan, ces 'or parts.'. 'thereo.f conflicting or inconsiste'nt ~ith'. 'the provisions of this 'ordinance':.or of the. code' hereby adopted are hereby repealed. Section 7. The contents of th'i's 'ordinance are 'declared to be severable and should any se'c.tion, clause, paragraph 'or pr.ovision of this ordinance or of the code hereby adopted be .dek'l'ared bY any 'Court to. be invalid, the same shall not affect ':the '~alidity of the 'ordinance as a' whole or any part thereof, other' than'the part ~-'declared. to be invalid. Section 8. This-ordin.ance sh-all be in full for. ce and effect '.from and after its pass'~ge and publicati'.on. Passed by the' Village Council of the Village of Ne~' Hope '.this .... ' Ed~ar¢/~ 2"':F.'r.'l'Cks on", M~yo'r Attest:-~~'. ." O 'i'iO'r ic'i:erk -T:r'e asure r (Publi. she'd .in~.the iNew Hope-PlYmouth Po'st ~.the ~' '~/~ ~' ''' ""' day~ ~NDING ~NS · THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. i COUNTY OF HENNEPIN E. C. L'HerauIt, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has foil knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week· (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction end control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January ], ]966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed....~ .J~...~,...c,/~..~i.....~.~.. ;..'.~..~.. ~-..~...? ...................... Secflot~ 4. Section 9.04 Subd. (7) of hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pu!~'shed therein in th e Engl?~ang uag~once each week, for..~.., successive weeks that it first ished code hereby the ........ day ..... 197...~... and was thereafter printed and published on every ..................... .~ contents of this or- . to be severable to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the section, clause, or provision of this or* ~lfr~enceor of the code hereby adopted lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in be declared by any Court to be invalid, the same shall not affect the validity of the ardl~ance as a whole or any part the composition and publication of said notice, to wit: thereat, other than the part as declared to be inv*alid. Sectil~ 8. This ordinance shall be in abcdefghliklmnopqrstuvwxyz--51/2 pt. Sans full force and effect from and after its passage and publication. passed biFt~e Viltage Council of the vt-uage i~j New Hope this 26 day of December, 1972. meSUbScribed and ~/orn to before ~~./~.~~t~ y (NOTARIAL SEAL) v Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 72-28 ORDINANCE ESTABLISHING SEWER sERvICE AVAILABILITY AND CONNECTION CHARGE TO PAY RESERVE CAPACITY COSTS OF METROPOLITAN SEWER BOARD BE IT ORDAINED by the Village Council of the Village of New Hope, Minnesota, as follows: i. Recitals. The Metropolitan Sewer Board has determined to re- serve unused capacity in the metropolitan disposal system each year com- mencing in 1973 for local government units in which new buildings to be connected to the system and new connections to the system are commenced during such year; and to allocate the debt service costs of such unused capacity for the year among such local government units as provided in the at"fached Exhibit A. In order for the Village to pay such costs allocated to it each year, it will be necessary to establish sewer ser- vice availability and connection charges for ali buildings to be con- structed or connected to the metropolitan disposal system on or after January !, 1973. 2. Establishment of Charges. For the purpose of paying costs of reserve capacity allocated to the Village each year by the Metropolitan Sewer Board, there is hereby established a charge for: (a) the availability of treatment works and interceptors com- prising the metropolitan disposal system; and (b) connections, direct and indirect, to the metropolitan disposal system. The charge is imposed on each building or structure in the Village and each connection to the metropolitan disposal system directly or through the Village's system, inside any Sewer Service Area established by the Metropolitan Sewer Board, construction of which is commenced on or after January I, 1973. The charge shall be payable upon the issuance of a building permit or a connection permit, as the case may be, but no charge shall be due upon the issuance of a connection permit if a charge was paid upon issuance of a building permit. The charge for each building or structure shall be equal to the number of units of sewage volume which it will discharge, multiplied by $275 for 1973, $300 for 1974, $325 for 1975, $350 for 1976 and $375 for 1977. A unit of sewage volume shall be I00,000 gallons per year and shall be assigned as follows: (a) Single family houses, townhouses and duplex units shall each comprise one unit; (b) Condominiums and ~partments shall each comprise 80% of a unit; (c) Mobile homes shall each comprise 80% of a unit; (d) Other buildings and structures shall be assigned one unit for each I00,000 gallons of flow or part thereof which It is estimated they will discharge; (e) Public housing units and housing units subsidized under any federal program for Iow and moderate income housing shall be counted as 75% of the unit equivalent for that type of housing; (f) Units existing or for which building permits were issued prior to January I, 1973, shall be counted as one-half the unit equivalent for that type of housing, if connected to the Metropolitan Disposal System prior to January I, 1974, and shall be counted at the full rate the rea fte r. 3. The Administration. The Village Clerk shall prepare or revise building permit or sewage connection permit application forms to provide information necessary for the computation of the number of units assign- able to the building or structure in question, and shall collect the applicable charge before issuance of a permit. The Clerk shall make such information available to the Sewer Board upon request. If upon filing a report covering such permit with the Metropolitan Sewer Board, the Board determines that a greater number of units is assignable to the building or structure in question, any additional amount of cost al- located to the Village as a result shall be paid by the person or company to whom the permit was granted. 4. This ordinance shall be in effect upon its passage and publication. Adopted by the Village Council this 29th day of December, 1972. At,est: ~~ //Edwa r~v/~-~'r i Cks°n Mayo~ ~l~ie°r~-Treasu rer (Published in the New Hope-Plymuth Post on the day of Janua~, 1973). E,STAB 1~4SH I N G AVAILABILITY cpNNc~Tl~ CH,~Rr~ TO RESH~VlJ CAPACITy COSTS MET~I~e.I TAN SEWEI THE NEW I-~OPE-PLYMOUTH POST the metrol~tltal~:,:i :.,Ct~ year, ~m;!~'~ AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the ~ bui! VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8] Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi,~/h/ed therein in the Engl~anguage, once each week, for ...... successive weeks; that it was first so published on ~ · .~ the..?...--..-~...., day of .~.(.,~e*",/..'..'-'~.... 19..?..~.. and was thereafter printed and pub shed on every to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans be counted ,; the full thereafter. Subscribed and ~ to before 3. The Administration, The Village Clerk shall prepare or revise buildirlg --e~ ii.~ permit or sewage connection permit m. application forms to provide in- formation necessary for the com- putation of the number of units ........................................ assignable to the building or structure in question, and shall connect the (NOTARIAL SEAL)(~/ applicable charge before issuance of a permit, The Clerk shall make such information available to the Sewer J~gard upon request. If upon filing a Notary Public ............................... County, Minnesota ~,.~J'port covering such permit with th~ ~etropolitan Sewer Board, the Board ~l~termines that a greater number of My Commission Expires .............................. 19 ...... -,/nits is assignable fo the building or .~structure in question, any additional amount of cost allocated to the Village as a result shall be paid by the person - whom the permit was this