1974 ORD 74 - 1
AN ORDINANCE AMENDING CHAPTER 4.80
OF THE CITY CODE, "ADMINISTRATION" AS
APPLIED TO REZONING AND SPECIAL USE PERMITS
City of New Hope, Minnesota
The Council of the City of New Hope ordains:
Section 1. Section 4.82 Rezoning, Subd. (1) entitled Zoning
Forms is amended in that the fee shall be changed to $200.00.
Section 2. Section 4.83 Special Use Permits, sub-paragraph (1)
is amended to read:
(1) The person applying for a special use permit shall fill
out and submit to the Clerk-Treasurer a zoning form,
copies of which are available at the Village Hall, together
with a fee in accordance with the following schedule:
(a.) For special uses as to all zoning uses other than
SR, $150.00
(b.) For special uses for SR purposes including Home
Occupations, due to the relatively uncomplicated
nature of such requests in general, $25.00
This ordinance shall be in effect from and after its passage by the
City Council and publication in the official newspaper of the Village.
Passed by the City Council the /z/t~ day of January, 1974.
Attest: ~~.~~. ' c~4kLTreasurer
Published in the New Hope-Plymouth Post this ~ ~ day of
~Y~-~ ,~ .~ ,./~ , 1974.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
COUNTY OF HENNi~.PiN ~ SS.
E. C. L'H=, au;;, 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
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 end 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
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepln 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 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.
H e f u rlh e~.s.t~_~es °n °a f!~e printed' ' 2'~-~'~ '/.' .~' ' · ~'~ L ' '~~' ' ' ~'~' '~' .......
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English I,an~uage, 7ce each week, for. ~... successive weeks; that it was first so published on~.~..~
the..~....?' · .~ay o~~: ......... 19..? .Y. a'nd 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
Subscribed and sworn to I~efore
me this .... ...~.f.-~?~..day of...ll .~'~-..~'.~..'~.....( .... A.D., 19 ..~...y
.................................................
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74- 2
.... ~' ,~ AN ORDINANCE AMENDING SECTION 2.11 OF
k~ THE CITY CODE RELATING TO CITY ELECTIONS
City of New Hope, Minnesota
The City Council of New Hope ordains:
Section 1. Section 2.11 of the City Code is hereby amended to read
as follows:
2.11 Uniform Municipal Election Day.
Subd. (1) Uniform Dates Established.
There is hereby established the first Tuesday after the
first Monday of November, 1974, and the first Tuesday after
the first Monday of November of each odd numbered year, as
the Uniform Municipal Election Day for the City of New Hope,
pursuant to the .authority provided in Minn. Stats. 205.20.
Subd. (2) Terms of Office.
At each of the aforesaid biennial elections there shall
be elected two council members for terms of four years, ex-
cept that the council member elected in November 1974 shall
be elected for a term of three years and shall stand for
election in 1977 to a term of four years and terms of four
years thereafter. The term for mayor, beginning with the
election to be held in 1975, shall be for four years.
Section 2. If the term of any council member shall expire in a year
for which no election is scheduled, his term shall be extended to the first
regularly scheduled election held thereafter, and the length of his term
shall be as provided for in Section 1 of this ordinance.
Section 3. This ordinance shall take effect ninety (90) days from
and after its passage and publication, as provided in Minn. Stats. 205.20 (5).
Passed by the City Council of the City of New Hope this ./~'~ day of
Attest:
-B~Ty Pettliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 24thday of January ,
1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA (
COUNTY OF HENNEPIN~ SS.
7_. C.~ :'; ;~ ouT;, 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
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
CITIES 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 . ' ' ' '~'//' ' '~' '" t ..... ~'; ' ' 2'~' '~'"-" ' ' "'~' ' ..... ~~
_
hereto attached as a part hereof was cut frem the columns of said nawspaper, and was printed and published therain in
the'English I~n,~uage, once each week, for./., successive weeks; that it was first so published on....~'~..~~~
the~.. ~....~.°~dayof .~..~' 192~ndwasthereafterpr ntedandpub shedonever ~
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--5W pt. Sans
Subscribed and sworn to b~fore
me ' .~....~..T.~/~...day .... .~..~ ...... A.D., 19..~... ~
..............................................
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74-3
AN ORDINANCE FURTHER AMENDING CHAPTER 4
OF THE CITY CODE RELATING TO "EXTENT OF
LB LIMITED BUSINESS DISTRICT"
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota, ordains:
Section 1. Section 4.104 of the City Code, "Extent of LB Limited
Business District" is hereby amended by the addition thereto of Subdivision
(18), to read as follows:
(18) That part of the East 41 rods of the Northwest 1/4
of the Northwest 1/4 lying South of 42nd Avenue
North, and westerly of Gettysburg Avenue North~
Section 18, Township 118, Range 21,
and
That part of the North 7 rods of the East 41 rods
of the Southwest 1/4 of the Northwest 1/4 lying
westerly of Gettysburg Avenue North, Section 18,
Township 118, Range 21.
Section 2. This ordinance shall take effect upon its passage 'and
publication.
Dated the 28 day of January, 1974.
' 't~'~ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 7 day of February , 1074.
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
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 a~nd 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 maker in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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 end 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
th e'Engllsh_language, once each week, for../., successive weeks; that it was first so published on
the../.. ~ .~-.... d,y 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:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sw. orn to before
me is....~~'~...i . ..i. ~.... A.~. ~ ......
........... ......... 'F/ ...... z,' ........ ................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74- /~
AN ORDINANCE AMENDING SECTION 3.04 (3)
OF THE CITY CODE PERTAINING TO
PERMITS FOR REPAIR OR ALTERATION
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section 1. Section 3.04 (3) Repair or Alteration is hereby
amended to read as follows:
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 all 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 $250.00.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed by the City of New Hope the llth day of February, 1974.
,-×'Edwa~fJ. Erickson, Mayor
ATTEST: ~~'
Fo'uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 21Stday of February, 1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNF~PIN
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
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
CITIES 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 fha managing officer of said newspaper or persons.in ifs 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 fha foregoing conditions
for at least two years preceding fha day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of N~innesota prior fo January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State end 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 earth that the printed .~..~;...~.'...~...~...~ .~.... ~. ~.
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~hed therein in
the'English language, onceeach week, for./...successiveweeks; that it was first so published o~ .~~.-/.~
the~..l dayof ..~.~ 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:
abcdofghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this~, ,~,. .......... day Of,,.,,,~,,,,~,,,,~,...~r~.A.D,,
(NOTARIAL SEAL)
Notary Public ............................... County, N~innesota
N~y Commission Expires ............ ]9 ....
ORDINANCE NO. 74-._4*
AN ORDINANCE AMENDING SECTIONS 8.50,-8.51 AND 8.52.
OF THE CITY CODE RELATING TO SOLICITORS, PEDDLERS,
HAWKERS, ITINERANT WORKERS AND TRANSIENT VENDORS
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section 1. SectiOn 8.51 Nuisance of the City Code is' amended to
read as follows:
8.51 Nuisance.
The practice of going in and upon private residences
in the City by Solicitors, peddlers, hawkers, itinerant
merchants and transient vendors of merchandise, not having
been requested or invited so tO do ]~y the owner or owners,
occupant or occupants of said private residences for the
purpose of soliciting orders for the sale of goods, wares
and merchandise, and/or for the purpose of disposing of
and/or peddling or hawking the same, is hereby declared to
be a nttisance, and punishable as such nuisance as a mis-
demeanor, except under the following circumstances and
conditions:
a. For bona-fide, non-profit organizations and
causes, as approved as a non-profit organi-
ization for taxing purposes by the United States
Internal Revenue Service, where no compensation
accrues to the caller in any way, and the only
monetary gain accrues as non-taxable income to
the said non-profit organization, the public
welfare requires that such beneficent causes
be accorded the reasonable opportuniw to raise
funds, and it is deemed essential to permit
such otherwise prohibited activities, as regUlated
hereinafter.
b. Such non-profit organizations shall register
annually, for the calendar year, with the offices
of the City Clerk, and shall furnish such data
as required by the Clerk, but including the
following:
(1) ~atisfaotory evidence of the non-profit
status of the organization, including its
tax exempt status as to the United States
Government.
(2) The proposed method of operation under this
ordinance, with specific reference to its
P.~n to minimize any nuisance characteristics
of the prop~)sed solicitations.
(S) A written agreement to respect and obey any
and all signs posted by a property owner
prohibiting solicitation or peddling; any
violation of said agreement shall be grounds
for suspension or revocation of the registration
of the organization for any portion of that
calendar year, and .repeated violations shall
be grounds for permanent or indefinite refusal
to register such organization, as a nuisance.
If the City Clerk refuses to register an appli-
cant, the applicant may appeal to the City
Manager, and if still denied registration, may
appeal to the City Council, upon customary
notice to be placed on the agenda. In all cases
of application or appeal, the standards for quali-
fication for registration as referred to herein shall
be the guiding criteria for decision.
Section 8.52 Abatement shall read as follows:
8.52 Abatement.
The Director of Police and Police Department of the City
are hereby required and directed to suppress the same, and to
abate any such nuisance as is described in the first section of
this ordinance.
This ordinance shall be in ,effect ~fter its passag~ and publication..
Dated the/~.', day of fi-,~,~.~r.~ , 1974.
ATTEST:
-(~Treasure
(Published in the New Hope-Plymouth Post the ?~ day of .z/~/~ ~ , 1974.)
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
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 OF 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
CITIES 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 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, 19~6 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'Englis,~guage, once each week, for.~..., successive weeks; that it was first so published on .-' .~....~. ~
the..~....-~...day of~ .... 19.?..~/. and was thereafter prlnted 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 sworn to before
me ,his.~.-~...~. ....... day of..~~A~., 19.?.~..
....... ..........................
(NOTARIAL SEAL)
Notary Public, .............................. County, N~innesota
My Co m missio'~Y E~p~l~'. .~::.: ~ :.: :. ~.~ ..::: :. ~ :~ :~:~: ':': :~ i~. :.
ORDINANCE NO. 74- ~
AN ORDINANCE PROVIDING FOR
IMPOUNDMENT OF VEHICLES OBSTRUCTING OR
OCCUPYING DULY AUTHORIZED FIRE LANES
PROVIDING ACCESS TO BUILDINGS OR FIRE HYDRANTS.
City of New Hope, Minnesota
The City Council of the City of New Hope hereby ordains:
Section I. Section 9.07 Fire Lanes of the City Code is hereby
amended by adding the following:
Subd. (3) Impoundment.
When any motor vehicle occupies or obstructs any duly
designated fire lane in a manner inconsistent with its
intended use for fire protection purposes, or prevents
access to any fire hydrant in the normal and usual
manner by fire prevention personnel and equipment, the
Fire Marshall or police department personnel may order
the impoundment of the vehicle, after first making a
reasonable effort in the immediate vicinity to ascertain
the identity and location of the owner or other person
leaving the vehicle in the fire lane. No vehicle
impounded pursuant to the provisions of this section
shall be released until a release is obtained from the
police department and all towing and storing charges
have been paid.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed by the City Council of the City of New Hope this
day of March, 1974.
. /'
E~i/'d J. Erickson, Mayor
Bet¢ ~liot, Clerk-Treasurer.
(Published in the New'Hope-Plymouth Post this ~./ day of March, 1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENI~PIN
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
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
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepi~ 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. (B) 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 ~a~tes on oath that the printed//.(~..,/..~..".. · .".....~'..Z · .~-~..--....~:~..~... ~ .........
hereto attached as a part hereof wes 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~..~.
th~...... ~.. day of.~'. ...... 197 .Y..and was thereafter printed and published on every .....................
to end including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, end is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiktmnopqrstuvwx'/z--51/2 pt. Sans
Subscribed end sworn to before
Notary Public ............................... County, N%innesota
Nty Commission Expires ................... ; .......... 19 ......
ORDINANCE NO. 74-7
AN ORDINANCE AMENDING SECTION 11.01 OF
THE CITY CODE INCORPORATING PROVISIONS
OF THE STATE HIGHWAY REGULATION ACT BY
REFERENCE AND IMPOSING A PENALTY FOR
THE VIOLATION THEREOF.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 11.01 of the City Code is amended to read:
"11.01 Highway Traffic Regulation Act Incorporated .By Reference.
The regulatory provisions of Minnesota Statutes Chapter 169,
Minnesota Statutes, 1971 and 1973, as amended, including all extra
Session Laws, are hereby adopted as a traffic ordinance regulating
the use of highways, streets, alleys and private roads within the .
City of New Hope and are hereby incorporated in and made a part
of this ordinance as completely as if set out herein in full."
Section 2. Penalty... Any violation of the statutes adopted by reference
in Section 1 is a violation of this ordinance when it occurs within the City of
New Hope. Any person thus violating any provision of this ordinance shall be
guilty of such an offense and shall be punished by such penalty as is prescribed
by such statutes.
Section 3. This ordinance shall be effective from and after its pas-
sage and publication.
Passed by the City Council of the City of New Hope this ] 1 th day of
March , 1974.
/' E~rd J. Erickson, Mayor
Attest:
c"~B~/~tty Pouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 21st day of March w, 1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA (
COUlqT¥ OF HENNEPIH~ 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
NEW HOPE-PLYMOUTH POST
and has fuji knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column end 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
CITIES 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 .. f...~.....' ...........~*. .. 2..~..-....~.... ~ ........
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the...~.. ?(...day o,...~: ..... 19:?../~.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... end 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 sworn to before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74-8
AN ORDINANCE AMENDING SECTION 12.01 OF
THE CITY CODE II. ELATING TO ADOPTION OF
STATE CRIMINAL CODE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The first paragraph of Section 12.01 of the Village Code
is amended to read:
"The following provisions of the Criminal Code of 1963,
enacted by Laws 1963, Chapter 753 (being M.S .A. 609.01
et seq.), as amended, are hereby adopted as the ordinance
prescribing certain misdemeanors within the City of New Hope
and are incorporated in and made a part of this ordinance as
completely as if set out herein in full:
GENERAL PRINCIPLES
MSA 609.02 Definitions.
MSA 609.05 Liability for crimes of another.
MSA 609.055 Liability of children.
MSA 609.075 Intoxication as defense.
ANTICIPATORY CRIMES
MSA 609.17 Attempts.
MSA 609.175 Conspiracy.
CRIMES AGAINST A PERSON
MSA 609.22 Assault.
CRIMES OF COMPULSION
MSA 609.27 Coercion.
MSA 609.275 Attempt to coerce.
MSA 609.28 Interfering with religious observance.
CRIMES AGAINST A FAMILY
MSA 609.375 Non-support of wife or child.
CRIMES AGAINST THE GOVERNMENT
MSA 609.40 Flags.
CRIMES ^FFECTING PUBLIC OFFICER
OR EMPLOYEE
MSA 609.415 Definitions.
MSA 609.45 Public officer; unauthorized compensation.
MSA 609.465 Presenting false claims to public officer or body.
MSA 609.475 Impersonating officer.
CRIMES AGAINST THE ADMINISTRATION
OF JUSTICE
MSA 609.485 Escape from custody.
MSA 609.50 Obstructing legal process or arrest.
MSA 609.505 Falsely reporting crime.
THEFT AND RELATED CRIMES
MSA 609.52 Theft.
MSA 609.525 Bringing stolen property into the state.
MSA 609.53 Receiving stolen property.
MSA 609.535 Issuance of worthless check.
MSA 609.545 Misusing credit care to secure services.
DAMAGE OR TRESPASS TO PROPERTY
MSA 609. 555 Definition.
MSA 609.565 Simple arson.
MSA 609.57 Attempted arson.
MSA 609.575 Negligent fires.
MSA 609. 595 Damage to property.
MSA 609.60 Dangerous trespasses and other acts.
MSA 609. 605 Trespasses and other acts.
MSA 609.615 Defeating security on realty.
FORGERY AND RELATED CRIMES
MSA 609.655 Alteration or removal of identification number
CRIMES AGAINST PUBLIC SAFETY AND HEALTH
MSA 609.66 Dangerous weapons.
MSA 609.675 Exposure of unused refrigerator or container
to children.
MSA 609.68 Unlawful deposit of garbage, litter or like.
-2-
MSA 609.685 Use of tobacco by children.
MSA 609.686 False fire alarms.
PUBLIC MISCONDUCT A NUISANCE
MSA 609.705 Unlawful assembly.
MSA 609.715 Presence at unlawful assembly
MSA 609.72 Disorderly conduct
MSA 609. 725 Vagrancy.
MSA 609.735 Concealing identity.
MSA 609.74 Public nuisance.
MSA 609.745 Permitting public nuisance.
GAMBLING
MSA 609.75 Gambling; definitions.
MSA 609.755 Acts of or relating to gambling.
CRIMES RELATING TO COMMUNICATIONS
MSA 609.78 Emergency telephone calls.
MSA 609.785 Fraudulent long distance telephone calls.
MSA 609.79 Obscene or harassing telephone calls.
MSA 609.795 Opening sealed letter, telegram or package.
CRIMES RELATING TO A BUSINESS
MSA 609.815 Misconduct of junk or second-hand dealers.
MSA 609.82 Fraud in obtaining credit.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this ] ]th day of
March , 1974.
.,; ....~g-dw~jL/~.?J. Erickson, Mayor
Attest:
~-~e~ Pouliot, Clerk-Treasurer
{Published in the New Hope-Plymouth this 21st day of March ,
1974.)
-3-
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
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
CITIES 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 .~...~.....;.~....'...?~..~..".~..~....~...~ ......
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...~../(. ·..~.~day of. ~.~ ....... 197..Y. 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 sworn to before
nlawful
assembly.
Presence at unlawful ..
a,sse~lbly · ............... . .........
MS~ 60~7~72 Disorderly conduct
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission ~-~p~res .............................. 19 ......
ORDINANCE NO. 74- 9
AN ORDINANCE AMENDING SECTION 1.41 OF
THE CITY CODE RELATING TO FINES AND
IMPRISONMENT FOR VIOLATIONS OF CITY CODE
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 1.41 of the City Code is amended to read:
"1.41 Fine and Imprisonment.
Subd. (1) Fine.
Any person violating any of the provisions of the
City Code of New Hope shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine
of not more than Three Hundred Dollars ($300), or by
imprisonment for not to exceed 90 days, or both; pro-
vided, however, that if a different punishment be pre-
scribed for violation of a specific portion of this Code,
such provisions shall govern the punishment for such
violations.
Subd. (2) Misdemeanor and Petty Misdemeanor.
Specific mention of a violation of any of the pro-
visions of this Code as being a petty misdemeanor, shall
mean that, upon conviction, the sentence of a fine of not
more than One Hundred Dollars ($100) may be imposed.
In absence of the designation of petty misdemeanor in
connection with any violation, such violation shall be a
misdemeanor as set forth in Subd. (1) of this section."
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 25th day of
IvIar ch , 1974.
Attest: ~~lerk-Treasurer
(Published in the New Hope-Plymouth Post this ~ day of ~ r~/
1974.)
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
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 end in column end 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
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
CITIES 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 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 ...... ~~.....~.. ~'......~....~.. ~...~.. ......
hereto attached as a part hereof was cut ~rom the columns of said newspaper, and was printed and publi~)~ed therein in
the,Fnglis~h_i~guage, once each week, for./..., successive weeks; that it was first so publisheq on ~.~. ~~/
the ,~ ..~..dayof ~ 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
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this,~-~..~.. ......... day of..~....A.D., 19..?..~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74-/~
AN ORDINANCE AMENDING SECTION
12.21, SUBD. 2(e) OF THE CITY CODE
RELATING TO POSSESSION OF HANDGUNS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 12.21, Subd. (2) (e) of the City Code is hereby
amended to read as follows:
Subd. (2) Specific Terms
(e) "Possession" shall mean to have on or about
one's person, or the area within one's immediate control
and from within which one might gain control of a fire-
arm. The term "possession" shall not apply to keeping,
carrying, or having in custody a handgun:
(i) at or in the single family residence
of the person together with the land upon
which it is situated, or
(ii) if the person's dwelling place be other
than a single family residence then, at or in
that unit to which that person has a right to
possession, but not the common hallways, the
land upon which the building is situated, or other
common areas shared with other occupants of
the building.
(iii) in the trunk of a motor vehicle, when
such vehicle is equipped with a trunk, or
kept in some other area of the vehicle not
normally occupied by the driver or passengers
if the motor vehicle is not equipped with a trunk.
A utility compartment, glove compartment or area
under a seat shall be deemed to be within the area
occupied by the driver and passengers.
Section 2. This ordinance shall be effective from and after
its passage and publication.
Passed by the City Council of the City of New Hope this ~
day of 4~.e~, 1974.
ATTEST: - ~ ~'~
~B ~ouliot, Glerk-Treasurer
(Published in the New Hope-Plymouth Post this 2~ ~ day of .... 1074.)
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
NEW HOPE-PLYMOUTH POST
and has fo 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
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
CITIES 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 end 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'~nglis~uage, once each week, for...//.., successive weeks; that it was first so published on .~.~..~.~.....-~....~..~'~.~
the../..~. · · .~y of..~. '~ 19 ~ ~/and was thereafter pr nted and publisheq on ever
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 s_w~or/~l to before
me th s '~ ~ ~ ' 2
........................................
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74- ]]
AN ORDINANCE AMENDING SECTION 11.83 OF
THE CITY CODE RELATING TO PARKING SIGN REQUIREMENTS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 11.83 of the City Code entitled "Director of Police
to Cause Signs to be Posted" is hereby repealed.
Section 2. This ordinance shall be in effect from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 22 day of
April, 1974.
· · Edwar?~.Xl .' Erickson, Mayor
ATTEST: ~ ,~ ~, ,/×~'~. ~-~c ~.~z-~?
B ~P~/u lio t, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this , 2 day of ~ay , 1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF I~IINNESOTA ~
SS.
COUNTY OF HENNF..PIN
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
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
CITIES 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 prlnted . f..,~..~C~.'~..~-~.......'~..~---9.:..7...'~/'..'~ .~. ?.. .........................
hereto attached as a part hereof was cut from the columns of said newspaper, and wes printed and publi~hed therein in
the'English la~guage, onceeach week, for..?...successiveweeks; that it was first so published on..~..~..~..~..,~.~4~....~..~
the.~..~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 publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz~51/2 pt. Sans
Subscribed and swor~ to before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74- ] 2
AN ORDINANCE AMENDING SECTION 3.50 AND
SECTION 9 OF THE CITY CODE PERTAINING TO
PERMITS FOR INSTALLATION OF FIRE ALARMS
AND PROTECTIVE SIGNALING SYSTEMS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 3.50, Subd. 12, A - I, Automatic Fire Detector
and Alarm Systems, and 3.0~, Subd. 14, Application to Existin~ Buildings
are hereby repealed and deleted.
Section 2. Section 9 of the City Code, Fire Regulations, is hereby
amended by adding thereto the following:
9.10 Automatic Fire Detector and Alarm Systems.
A) Local Protective Signaling System 1972 Edition Adopted.
There is hereby adopted by the City and incorporated into
this Code for the purpose of prescribing standards for the
installation, maintenance and use of local protective
signaling systems, that certain code known as "Standard
for the Installation, Maintenance and Use of Local Protective
Signaling Systems for Watchman, Fire Alarm and Supervisory
Service", prepared by the National Fire Protection Association,
for general circulation and use, as the same appears in a
pamphlet entitled "Local Protective Signaling Systems 1972
(hereafter referred to as NFPA No. 72A) save and except
such portions as are hereafter modified or amended, of
which Code three copies have been marked "Official Copy"
and filed for reference and inspection in the office of the
Clerk-Treasurer.
B) Definitions.
The following words and phrases when used in Section 9.10,
shall have the meanings as set out herein:
1) Approval.
"Approval" means all equipment shall be listed and
meet approval of Underwriters' Laboratories, Inc.,
Factory Mutual, or other nationally recognized
testing agency. Manual stations and fire detection
systems shall be used for fire protective signaling
purposes only.
2) Approved.
"Approved" means accepted by the Fire Marshal as
a result of his investigation and experience, or by
reason of test, listing or approved by Underwriters'
Laboratories, Inc., Factory Mutual, or other nation-
ally recognized testing agencies.
3) Automatic Fire Detection and Alarm System.
"Automatic fire detection and alarm system" means
an approved system of automatically operated heat,
smoke and combustion sensing devices, together
with manual pull stations as required, which through
approved coding transmitters, annunciator panels,
or combination thereof and an approved supervisory
type fire alarm panel shall actuate audible and/or
visual alarms throughout the building, and shall
provide a light or bell on the exterior of the building
as specified by the Fire Marshal for said purpose.
4) Listed.
"Listed" means equipment or materials included in a
list published by a nationally recognized testing
laboratory that maintains periodic inspection of
production of tested equipment or materials, and whose
listing states either that the equipment or materials
meet nationally recognized standards or has been
tested and found suitable for use in a specified manner.
5) Public Occupancies.
"Public Occupancies" shall mean all occupancies
described in Sections 4-111 through 4-121, save and
except Section 4-115 (e) of the NFPA Life Safety Code,
1970 Edition.
-2-
C) Automatic Fire Detection and Alarm System: When Required.
Every building of every multiple residence containing three
or more living units shall be provided with a fire detection
and alarm system. Every other public occupancy may install
such a system after obtaining a permit to do so in the manner
described in Section D below.
D) Installation Permit Required.
No fire detection or alarm system shall be installed in any
public occupancy without a permit first being approved for this
purpose, by the Fire Marshal. Such permit shall be issued
upon furnishing satisfactory evidence to the Fire Marshal
of compliance with the requirements of NFPA Pamphlet 72A,
1972 Edition, adopted heretofore by reference, and Section
9.10 of this Code.
E) Detailed Requirements.
1) Wiring.
All wiring shall comply with the requirements of NFPA
No. 72A.
2) Electric Service.
Electric service to fire alarm system control panel
shall be taken from a point ahead of the building main
disconnect and through a circuit breaker or fused
disconnect, clearly labeled, painted red, and locked
in "On" position.
3) Control Panels.
The control panel shall be electrically supervised,
closed circuit, non-coded, with automatic standby
emergency power supply capable of complete operation
independent of local power conditions, automatic lock-in
and two signal circuits. The electrical circuits connect-
ing the control panel, alarm stations and detector circuits
shall sound in the event of failure on any of the electrical
circuits. In addition, a remote trouble signal shall be
provided in a corridor or other approved occupied area.
The panel shall be enclosed in a locked metal case, red
in color.
-3-
4) Manual Pull Stations.
Manual pull stations shall be red in color, and located
in each corridor of each story, basement or cellar, so
that from each corridor door, not more than one hundred
(100) feet will be transversed in order to reach a manual
station. Stations shall be located as near as possible,
and not more than five (5) feet from each stair exit. Where
corridors are not provided, manual stations shall be
located so that no point in the building is more than one
hundred (100) feet from a station. Manual stations shall
be located at or near each exit from the building. The
height of the manual stations shall be not more than five
(5) feet and not less than four and one-half (4-1/2) feet,
measured vertically from the floor level.
5) Sounding Devices.
Alarm sounding devices shall be provided of such
character and so distributed as to be effectively heard
in every room above all other sounds. Visual and audible
alarms shall be provided in occupancies housing the
hard of hearing. Alarm sounding devices shall be dis-
tinctive in pitch and quality from all other sounding
devices in building.
6) Fire Detection Devices.
Approved fire detection devices shall be installed in
strict accordance with spacing ratings assigned by the
approval agency listing the device and/or the spacing
regulations provided in NFPA No. 72A. Smoke or
combustion detection devices shall have full electrical
supervision to indicate internal component failure.
7) Annunciators.
Fire alarm annunciators or zone indicator panels shall
have power and wiring electrically supervised, shall
lock in on alarm until the system is manually reset, and
shall be located as approved by the Fire Marshal.
8) Automatic Magnetic Door Closers.
Automatic magnetic door holders shall be installed on all
fire or smoke barrier doors in corridors in a manner which
will insure the doors automatically closing when the fire
alarm system in the building is activated.
-4-
F) Existing Multiple Residence Dwellings.
As to Multiple Residences, automatic fire detection and
alarm systems provided or installed in an existing building
shall comply with the standards provided in this subdivision,
provided that notwithstanding clause (E) (6) of this sub-
division, fire detection devices shall be installed as follows:
In all bedrooms or rooms for sleeping quarters, in a living,
dining and kitchen combination room if a ceiling drop of less
than 12 inches is used -- if a drop of more than 12 inches is used
additional devices shall be installed. Detection devices shall
be installed in all corridors at intervals not to exceed 50 feet,
in all boiler rooms, laundry rooms, storage areas, fire towers
and at the top of all elevator shafts and/or the locations noted in
Paragraph 3431, Chapter 3 of NFPA No. 72A. The fire detection
devices shall be located in the rooms so that their operation
will be least affected by structural characteristics of the pro-
tected area, possible drafts or other conditions affecting
detector operation, which locations shall be subject to the
approval of the Fire Marshal.
G) Testing.
All such alarms and systems installed under this Code shall
be subject to testing by the Fire Marshal or other City In-
spector before acceptance, and shall thereafter be tested
annually by an agency approved by the City. All such annual
tests shall be conducted in a manner approved by the Fire
Marshal, pursuant to authority vested in him by NFPA 72A.
H) Existin~ Systems; Extension.
If an existing automatic fire detection and alarm system is
in conformity with the provisions of this Code, the system
may be extended into new additions, provided the existing
system is of sufficient capacity for the new expansion, and
provided the existing system be refurbished so that the com-
pleted system shall comply in every way with the Code.
I) Compliance Date for Non-Conforming Buildin~ -- Automatic
Fire Detector and Alarm Systems: Multiple Residences.
(i) Three and Four-unit Buildings.
All existing uses or buildings and buildings now
under construction of three or four living units, in
-5-
non-conformity herewith, shall be corrected, con-
verted, modified, adjusted or otherwise made to
comply, with the above requirements not later than
June 30, 1975.
(ii) Other Multiple Dwellings.
Ail existing uses or buildings and buildings now under
construction, containing five or more living units, in
non-conformity herewith, shall be corrected, modified,
adjusted, or otherwise made to comply with the above
requirements not later than October 1, 1974, provided
however, that the Council shall have power pursuant
to Section 3.54 of this Code, to grant adjustments on the
time of compliance as to all or part of the work but no
adjustment shall be granted postponing the time of the
compliance beyond June 30, 1975. The Council may
impose conditions in the granting of adjustments to
insure minimum standards of safety.
(iii) Adjustment Fee.
A person desiring an adjustment as provided above
shall submit an application in writing, to the Clerk-
Treasurer on forms prescribed by the Manager, copies
of which are available at the City Hall, together with
a fee of Seventy-five Dollars ($75) (one time payment).
Such forms shall be duly signed by the petitioner who
shall recite therein, in such general terms or particularity
as the Manager or Council may require, the details of
the adjustment or variance that is applied for. Such
applications may be submitted annually, provided that
the $75 fee shall be payable only with the initial application.
J. Fee.
There shall be payable at the time an application for a
permit is submitted, a minimum fee of Five Dollars ($5),
and One Dollar ($1) per One Hundred Dollar ($100)
valuation of any system or fractional part of One Hundred
Dollars ($100) in excess of Five Hundred Dollars ($500).
Section 3. Section 9 of the City Code, Fire Regulations, is hereby
amended by adding the following:
-6-
9.11 Automatic Signaling Systems.
A. Remote Station Protective Signaling Systems.
There is hereby adopted by the City and incorporated into
this Code for the purpose of prescribing standards for the
installation, maintenance and use of remote station signaling
systems, that certain code known as "Standard for the
Installation, Maintenance and Use of Remote Station Protective
Signaling Systems for Fire Alarm and Supervisory Service",
prepared by the National Fire Protection Association, for
general circulation and use as the same appears in a pamphlet
entitled, "Remote Station Protective Signaling Systems, 1972
Edition" (hereafter referred to as NFPA No. 72C) save and
except such portions as are hereafter modified or amended,
of which Code three copies have been marked "Official Copy"
and filed for reference and inspection in the office of the
Clerk-Treasurer.
B. Permit Required.
No remote station signaling system shall be installed, where
required or otherwise, unless a permit shall first have been
approved by the Fire Marshal. Such a permit may be issued
upon furnishing evidence satisfactory to the Fire Marshal
of compliance with the provisions of NFPA Pamphlet No. 72C,
1972 Edition.
C. Fee.
There shall be payable at the time of submitting an application
for approval, a minimum fee of Five Dollars ($5), plus an
additional One Dollar ($1) per One Hundred Dollar ($100)
valuation of a proposed system, or fractional portion thereof,
in excess of Five Hundred Dollars ($500).
Section 4. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Counc. jl of the City of New Hope this 22 day
/-' Edward/J ~ Erickson, Mayor
Attest: ~-Z~/~z. ~/~_~~?
'~(Ti~y~/P ouliot, '., Clerk:Treasurer
(Published in the New Hope-Plymouth Post this .2 day of 'May . 1974.)
--7--
AN ORDINANCE AMENDING quarters, in a li~J~l-~, ~i~it~g:~a-~ '~-
SECTiO~SECTION? kitch~ combi~tion r~m if a ~j
OF TH E C~ ~PERTAI N I NG ceiling dr~n 12 in~ is ; '
TO ~ER~ITS FOE iNSTALLATION us~ ~ if-~d~-,~ore than 12
OF FiRE ALARMSAND inch~ is us~ addfti~al devic~
pROTECTIVE SIG ~ALING shall be installed Detection
SYSTEMS. devic~ shall-~ installed in all ~
City of New HO~, Minnesota corridors at info.als ~t to exc~
The Ci~ Council ~ the City ~ New ~ f~, in a ~iler r~ms, laundry
r~ms, storage areas, fire toWers
~ or. ins:
Sections 3~, Su~. ~2, A- and at the top ~ all eleva~r sha~
Fire Detector and Alarm and-or the locations noted P~-~O~ ~O~T
and 3~, Su~. 14, Ap- Paragraph ~1, Chapt~ 3 ~ ~ '0tOt'
to Existing Euildings are NFPA NO. 7~. The fire dete~J~ ~o3 6u~do~
OF
PUBLICATION
.. So.ion 9 ~ the City C~e, r~ms so ~at their o~ration will 0J 6
Regulations, is hereby am~d~ ~ least affect~ by stru~ural
thereto ~e followi~: cnaract~isti~ of the prot~t~
Automatic Fire Detector and area, ~ssible drafts or o~
Systems. - conditions affecting detector ;'4zgt'~g an~ I
Local Protective Signaling System o~ra/i~, which I~atio~ shall ~
1972 Edition Ado~. sublet to the approval of ~ Fire
There is hereby adopt~ by the Ci~ Ma~l.
and incor~rat~ into this Code ~ G) Testing. g
~ pr~cribing start- All such alarms and s~tems in. ~!dAl
the installation, main- stall~ ~ this C~e shall ~ . :~
and use of I~al protective sublet to testing by the Fire ,, '
s~tems, ~at c~tain ~r~a or oth~ Ci~ Ins~ctor ' .
known as "Standard ~r ~e before acceptance, and shall sng ~sJe~-~q j~t[g'e3,A: ~ ~
Local Protective Signaling s
stems for Watchman, Fire
and Supe~i~ Service," du~ in a manner approved by ~qS Xe~auez ON a~ez.~ p~ OPE-PLYMOUTH POST
the Fire ~rshal, .pursuant ~o ~ ~ ~ u~Jad u! AlddV ~q~'eRa,: ~asfollows
by the National Fire authority vest~ in him by NFPA i ~d~ A~ ~aA'ap ~Ja~em ~Zi~L .~ :
and use, as the same 72A~. '*" --- h anguage in newspaper format and n co umn and sheet form equ va ant
'LS~ ~ (2) ' '
in a pamphlet entitl~ H) Existing Systems; Extension. '~ul oa,a newspaper is a weekly and is distribut~ at least once each
Protective Signaling If an existing automatic tire q ~ its ne~ columns, devot~ to ne~ of local interest to the communi~
det~tion and alarm s~tem is n m~ ~ duplicate any other publication and is not made up entirely of patents,
:PA No: 72A) save and except conformi~ with the ~ovisiom ~ · Jo Aep '=~spaper is circulat~ in and near the municipality which it pur~rts
as are hereaft~ this ~e, the system may ~ vered to paying subscribers, has an average of at least 75 perc~t of its
or amended, of ~ich extended into new additions, :pn three months in arrears and has entry as second-class matter in its
three copies have been provided the existing s~tem is ~ 4uome~ [-[& ~ts to serve the
mark~ "Official Copy" and fil~ sufficient capacity for the n~ ~nq 'sJw ~e-u-- ~
LnL ~[r~;~i:~ o, ~am. , · . , -. ' NEW HOPE AND PLYMOUTH
for r~er~ce and ,ns~tion in ~e ::~'~,e N,
~ice of the Clerk-Treasurer. ' ~ ~: ~ office of i~ue in the City ~ Crystal in said county, establish~ and open
B) Definitions. ~at ~e ~mp et~ system ~all
. . . ~ '~gL*~c 'Aa-e- -~-:--: ~ . '-~.r~Sthering of news, sale ~ adve~isements and sale of subscriptions and
comply ln every way w th the Code ~ ~ ' ~ ~lu~ ~u~ ~ a eror erso~sm~t e I
, The:~ll~i~ ~r~ and ~hras~ ' ' ~'AJeles~o-l~s~e---~c' ' '~h~ p p p .' ' smp oy end subje~ to his direction and control
~ us~ in S~tion 9.10, shall I) Compliance Date for Non-.ih~em j~ Ou~,~ ~-I~"P~AiP ~ ~me sa d ne~paper s pr nt~. (6) Said n~spaper fil~ a ~py of each
have the meani~s as s~ ~t Conforming Building Au~matic ~ .-~- ~,~ n~ mini ~ ~*" ~ Sa d news-a-er has corn- -~ w*t~ the' n
-- ON,.~.',~-- ~ r . ~ ' ~''~'X' X'/ ' ~ H p ~ I n a tor~ g conalTions
h~ein: Fire Data.or and Alarm S~stems: ~ m==~dbl. IOH ' ~ ' ares of publication mention~ below. (8) Said newspaper has fil~ with
1) Approval. Multiple Residences. . . ~9-~ 'a~OH:~sjnN daz~e~q~s ~ ~January 1, 19~ and each January 1 thereaf~r an affidavit in ~e form
Three and Four umt Bmldtngs d
"~proval' me~s all ~uipm~t (i) - ' 'Y ' O '~ Us IIY 'ale~a~' ~r ale~ gn~ by the managing officer of ~id newspaper and sworn ~ b~ore a
All ex~sti~ us~ or bu dings and SINVZ~ISS~ ~'~,e'~' ' ~ "~al newspaper
shall ~lis,. and m.tapprova, ~ ~:~ ~ '.:9~N'SaRN a~::: ' '
Unde~riters' Laboratori~, Inc., bu Id ~s ~ u=r =t ~~x~ 2.~%
Factory Mutual, or other ~thr~or f~r Ii ' g ' ' ' '~ Jaz ~ ~' ; ~: OH ,~ ,
nationally recogniz~ testing conformity herewith, shall be~,. L_ q3SiJ~l~jO-~qs ,. ~: ,
~.i lJea ~ IIn~'S,'Ndq ~[ S,N~
m the columns of said newspaper, and was printed and publish~ ~erein in
... succ~sive wee~; that it was first m published on
the..~ ..... day of,ZZ~ ...... 19.~ .f;nd was thereafter
.... printed and publish~ 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, ~th inclusive, and is hereby acknowi~g~ as being ~e size and kind of ~pe us~ in
the composition and publication ~ said notice, to wit:
abcdefghijklmnopqrstuv~yz--SV~ or. Sans
Subscribed and swoT to before
(NOTARIAL SEAL)
Notary Public .............................. County, AAinnesota
My Commission Expires....' .......................... 19 ......
ORDINANCE NO. 74-15
AN ORDINANCE AMENDING SECTIONS 7.00
THROUGH 7.14, INCLUSIVE OF THE CITY CODE
RELATING TO CONTROL OF DOGS AND OTHER ANIMALS
The City Council of the City of New Hope ordains:
Section 1 Section 7.05, Subd. (4) is amended to read as
fo 11 ows:
Subd. (4) Reclaimin9 Animals and Fees
The owner of any animal so impounded may reclaim such
animal upon payment of the license fee, if such license is re-
quired but unpaid; the impounding fee and the boarding
charges. Fees in connection with the boarding, impounding,
euthanasia and similar services shall be as set forth by City
contract with the Animal Pound. In the event the impounded
animal has not been vaccinated for rabies, and evidence
thereof is not presented to the Poundmaster as provided in
Section 7.08 the Poundmaster may accept a deposit of'$10.O0
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
o~ner by cash or check if a certificate of vaccination is pre-
sented wi'th~n 30 days after the $10.00 deposit is made. The
Poundmaster shall issue numbered, dated receipts for all pay-
ments, including the $10.00 deposit. The Poundmaster shall
withhold delivery of the license for the animal until the
vaccination certificate is presented to him. Unclaimed
licenses and unclaimed $10.00 deposits shall be turned over
to the City within 30 days after the expiration of the 30 day
deposit period. No deposits, or any portion thereof, shall
be refunded by either the Poundmaster or the City after 30
days from the date of the deposit, and such deposit shall be
forfeited to the City.
Section 2 This ordinance shall be effective from and after
its passage and publication.
Passed by the City Council of the City of New Hope this lOth day
of June, 1974.
B~uliot, City Clerk
(Published in the New Hope-Plymouth Post this 20th day of June, 1974).
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNa-PIN
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
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 metier in its
local post-office. (5) Said newspaper purports to serve the
CITIES O'F 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, 19~ 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~nglish languag/~once each week, for...~i, successive weeks; that it was first so published on .~/,~....~.... ~..
the ~) day of~'z ~'~ 19 ~ ~7//and was thereafter r nted and ubl,shed on ev
.......... ~?- ...................... P P ' ery .....................
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--5½ pt. Sans
......... ............................
Subscribed and ~/~ to before ~
me this ~''/ ...~..i ........ day ef.~ AD 1¢~
(NOTARIAL SEAL)
Notary Public ......
My Commission Expires...~...~. ~ ..... 1~.~. ~
ORDINANCE NO. 74-]4
AN ORDINANCE AMENDING SECTION 8.143 (1),
8.143(2) and 9.102 (6) OF THE CITY CODE,
RELATING TO GARBAGE AND REFUSE COLLECTORS,
AND TO WASTE STORAGE, COLLECTION AND DISPOSAL.
City of New Hope, Minnesota
The Council of the City of New Hope ordains:
Section 1. Section 8.143 of the City Code, Subd. (1), Rates, is
amended by inserting the word "residential" as the second word of the para-
graph, the first three words to read "Each residential collector".
Section 2. Section 8.143 of the City Code, Subd (2), Routes, is
amended by inserting the word "residential" as the second word of the
paragraph, the first three words to read "Each residential collector".
Section 3. Section 9.102 (6), Location of Residential Waste Containers
on Pickup Day, is amended by the addition thereto of the following sentence,
at the end of the existing language:
"The City Council may, by resolution, designate a two week
period in both spring and fall during which bulky material
may be placed on the curb side for the purpose of facilitating
seasonal cleanup of residential properties."
This ordinance shall be in full force and effect upon passage and publi-
cation.
Dated the 24th day of June , 1974.
/ ~ Mayor
ATTEST:
~~asurer
(Published in the New Hope-Plymouth Post this 4th day of July , 1974.
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
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 seco~d-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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 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.
He further states on oath that the printed.....~..~ ....... ~Z .~...~...~..~... ................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English la,nguage, once each week, for/.., successive weeks; that it was first so pobllshed on~-~~.~
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 sworn t~ before
..........................................
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
· .
ORDINANCE NO. 74-] 5
AN ORDINANCE AMENDING THE ZONING CODE OF THE
CITY OF NEW HOPE AS TO SECTION 4.31 PERMITTED
TEMPORARY USES, SECTION 4.44 (6) LISTING OF
TEMPORARY USES.
The Council of the City of New Hope ordains:
Section 1. Section 4.31, Permitted ~Uses Subject
to Licensing is amencl~l-t~ read as follows: by the addition thereto
of Subd. (2), as follows:
Subd. (2) In RB, LB and GB districts carnivals
and circuses are permitted subject to licensing
as promotional activities in conjunction with
developed commercial uses.
Section 2. Section 4.44 (8), In Ail Districts - Temporary Uses,
is amended by the addition at the end of said section of the following
uses:
Carnivals or circuses when operated as a separate commercial
business for a period not to exceed 15 days.
Community activities by non-profit civic groups, such as the
Lions Club Annual Community Festival, upon approval by the City
Council of the proposed program as being in harmony with area
uses, and upon issuance of appropriate permits and licenses.
Unnumbered paragraph two of said section is amended to
read:
Black-top or crushing plant for highway materials.
Section 3. This ordinance shall be in effect after its passage
and publication.
Dated the 22nd day of July , 1974.
-- ~J~ .//~-'~ - - /fV~l'ayor
Attest: ~ .~~ ,~c~/ f//
Bet~Pouliot, Glerk-Treasurer
Published in the New Hope-Plymouth Post this ]st day of August , 1974.
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
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 then three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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. ~.'~. ~. ~. .... .?..~..~...f.. ...........................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi~ed therein in
th~Eng~ish~ang~ag~n~eachw~k~f~r~/..~s~cc~ssi~ks;that~wasf~rs~s~pub~ished~~~-~/
the..,/.....~.., day of.~'~..~... ]9.?../C/.. and was thereafter printed and published °n every .................. ~
to end including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the
lower case alphabet from A toZ, 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:
ebcdefghiiklmnopqrstuvwxyz--S1/2 pt. Sans
Notary Public ............................... County, Minnesota
AAy Commission Expires .............................. 19 ......
ORDINANCE NO. 74-16
AN ORDINANCE ADDING SECTION 8.180 TO THE
CITY CODE RELATING TO LICENSING OF CARNIVALS
AND CIRCUSES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 8 of the City Code is hereby
amended by adding thereto the following:
8.180 Licensing of Carnivals and Circuses
8.181 Definition.
Circus or carnival shall be defined as any form of
entertainment occompanied by side shows, rides, games and
refreshments, operated as a commercial enterprise, and which
is intended to operate at a specific location for a limited
period of time.
8.182 License required
No person shall set up or operate any circus or carnival
form of entertainment without first obtaining a license fee
therefor in the amount of $25.00 for each separate place of
operation.
Section 2. This ordinance shall be effective from and
after its passage and publication.
Passed by the City Council of the City of New Hope this
22md day of July, 1974.
~dwar~.' Eriekson, M~yor
B~-~t~Fouliot, Clerk-Treasurer
Published in the New Hope-Plymouth Post ..A~gU~t.3.,..]974 ·
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
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(]) 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 end 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
CITIES 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 the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of N~innesefa prior to January ], ]966 and each January ] 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'Englis~h ~'nguage, onceeachweek, for.../.'.successiveweeks; thatitwasfirstsopublishedon ~...~~~-~
the .~. ~day of~.~..,~..~.~ 19~ ~/' and was thereafter printed and published on evell ............ ~w
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, beth 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 andre before
me this..~. ............. day of~..~...A.D., 19.?..~.
Notary Public, .............................. County, Minnesota
Nty Commission Expires .............................. ]9 ......
ORDINANCE NO. 74-/17
AN ORDINANCE AMENDING
SECTION 3.164 (a) OF THE CITY CODE
RELATING TO FENCING FOR SWIMMING POOLS
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section 1. Section 3.164(a) is hereby amended to read as follows:
3.164 Enclosed by Fence.
Subd. (a) Pools on Location.
All swimming pools to be constructed or which are already
constructed shall be completely surrounded by a fence or wall
not less than 4 feet in height, and not less than four feet from
the pool edge, which shall be so constructed as not to have
openings, holes or gaps larger than 4 inches in any dimension,
except for doors and gates; if a picket fence is erected or
maintained, the horizontal dimensions shall not exceed 4 inches.
A dwelling house or accessory building may be used as part of
such enclosure, but otherwise the fence or wall shall be
erected on the ground. All gates or doors opening through
such enclosure shall be equipped with a self-closing and
self-latching device for keeping the gate or door securely
closed at all times when not in actual use, except that the
door of any dwelling which forms a part of the enclosure
need not be so equipped. The fence shall be a type not
readily climbed by children.
Section 2. This ordinance shall be in full force and effect from and after
its passage and publication.
Passed by the City Council of the City of New Hope this
day of~.~57~ , 1974.
I~~u-liot, Clerk-Treasurer
Published in the New Hope-Plymouth Post the and days of
, 1974.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA [
COUNTY OF HENNEPIN~ SS.
· ~ 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 es
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 melter in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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 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 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 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
notarypublic stating that the newspaper is a legal newspaper.
He further states on oath that the printed ~ .~.~.~-..2.~...~.. ~.)..~.. ~../...~.. .....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English langu/~ge, once each week, for./..., successive weeks; that it was first so published on~~/..
the..~...~...., 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--51/2 pt. Sans
Subscribed and sworn to before
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74-1~
AN ORDINANCE ADDING SECTION 2. 410 TO THE
CITY CODE PROVIDING FOR THE ESTABLISHMENT
OF A HERITAGE PRESERVATION COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope hereby ordains:
Section 1'. Chapter 2 of the City Code, Government and Governmental
Units, is hereby amended by adding the following:
"2.410 HERITAGE PRESERVATION COMMISSION
2.411 Establishment and Purpose.
There is hereby established a Heritage Preservation Commission
as an advisory body to the Council for the purpose of preserving, where
structurally and economically feasible, within the borders of New Hope,
buildings, land, areas or districts which are determined by the
Commission to possess particular cultural, architectural or educational
value to the community as a whole.
2. 412 Powers and Duties.
The Commission shall have the duty of receiving and investigating
petitions or requests for a determination that a particular building, area
of land, or district possesses characteristics which characterize it as
having historical or cultural significance to the community as a whole.
Any such determination shall include a comprehensive cost analysis to
be supplied by the petitioners, as to the estimated costs of improving,
rebuilding and maintaining any building or any other item in a manner
designed to promote the educational, cultural and general welfare of
the public. The Commission may also, where necessary, recommend use
variations to the zoning ordinance. The Commission shall also be em-
powered to seek, where possible, private funding and governmental
grants for the costs of preservation and maintenance, including dona-
tions, and rental agreements, subject to the prior approval of the City
Council. The Commission shall also have such other powers and duties
as may be delegated to it from time to time by the Council.
2.413 Terms of Office, Membership and Composition.
The Commission shall consist of five members, appointed by a
majority of the Council, who shall serve without compensation at the
pleasure of the Council. The terms of office shall be from January 1
to December 31 of each year. The Commission, at its initial meeting,
and each year thereafter, shall choose a chairman, who shall preside
at all meetings held during that year.
2. 414 Vacancies and Removal of Members.
Vacancies shall be filled by the City Council for the unexpired
term. A member of the Commission may resign upon written notification
to the Commission of his intent. The Commission may by vote of a
majority of its members, petition the Council to dismiss any member of
the Commission at such a time in its judgment, the best interests of
the Commission are not being served by a member. The Council shall
take such action as it deems necessary by a majority vote.
2. 415 Meetings.
The Commission shall meet as is deemed necessary at the dis-
cretion of the Commission but not less than two times annually. The
meetings shall take place in the City Hall. The Commission meetings
shall be open to the public. The order of business shall be conducted
by the same rules of parlimentary procedure which govern the op-
erations of the City Council, except where manifestly inconsistent.
Special meetings may be called by the chairman or three members in
accordance with the Commission by-laws. All meetings shall be open
to the public and shall be held and conducted in compliance with the
open meeting policy of the City of New Hope and State of Minnesota.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 12th day of
August, 1974. ~ ~ ~
Edwa~J~ Erickson, Mayor
cZ~tf Pouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this ~,Z day of August, 1974.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNEPIN
-E. C. L.'H~. aunt, 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
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 malter in its
local pos?~of?~r~k~(5] Said newspaper purports to serve the
CITIES 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 personsin ifs 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 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 .~.~~-... ·..~... :../?...~..~..~..~ .~.. ....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and ,~.blish~:i therein,.in
the'English langua~ge, once each week, for../.~., successive weeks; that it was first so published on..~..~..~ .~ .-~..~,~
t h e 5P?~. ..... d a y 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:
abcdefghijklmnopqrstuvwxyz~51/2 pt. Sans
Subscribed and sworn to before
....... .......
(NOTARIAL SEAL)
Notary Public, .............................. County, N~innesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 74- 19
AN ORDINANCE AMENDING THE ZONING CODE OF THE
CITY OF NEW'HOPE AS TO SECTION 4.21(7) GENERAL
INDUSTRY DISTRICTS, SECTIONS 4.43(3)(b) IN
INDUSTRIAL DISTRICTS AND SECTION 4.44(5) IN
INDUSTRIAL DISTRICTS.
The Council of the City of New Hope ordains:
Section 1. Section 4.21 (7) G~ General Industry Districts
is amended to read as follows (new wording underlined):
Areas which, because of availability to thoroughfares and
railroads, suitable topograph, and isolation from residen-
tial areas,are appropriate for manufacturing, warehousing,
and similar uses generally considered as "industrial",
or which are appropriate for large scale activities of
a sociological nature not suited to other districts, but
reasonably compatible with the same characteristics
suitable for General Industrial Use.
Section 2. Section 4.43(3)b, In Industrial Districts is
amended to read as follows:
The use will provide an economic return to the community
commensurate with other industrial uses that the property
could feasibly be used for. In considering the economic
return to the community, the Planning Commission and
Council may give weight to the sociological impact of a
proposed use, both,positive and neqative.
Section 3. Section 4.44(5), In Industrial District is
amended by the addition at the end of s-~-~ section of the following use:
In the GI district only, private, non-profit social
service organizations providing braod based family and
individual activities of a health, athletic, and social
nature, providing the site to be used has direct access
to a county highway and the conditions of 4.42(3) are met.
Section 4. This ordinance shall be in effect after its
passage and publication.
Dated the 9th day of September 1974
Attest: ~~
Bei;~)ja~P6u/) for, C1 erk-Treasurer
Published in the New Hope-Plymouth Post this l~tb day of Se~otembe~ 1974.
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 ell the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known es
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
CITIES 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 fo 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 newspa, per.
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'English le,r~guage, o~ce each week, for. ~... successive weeks; that it was first so published o~ . .~...~.~.~/.
the /~ dayof,Z~'~-~-~ ,,~ end was thereafter pr nted and ub shedonever
V
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 s~r to before /
me y
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN ~ SS.
~:'~2~-'l'l~,va,e~, 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
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 o~ 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
CITIES 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 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 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 ~ .~/-?z~-...//~. · .~./..~... '..~c.-.~.....'.-..b~../: ~. '~'//..h .'~. -. -~.~! .........
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'Englishl~,a.n~e~,~e, onceeachweek, for..~..successiveweeks;that twasfrstsopublishedon '.~.~'~,~
the ~:~C? ~of ~-G~.,~.....~... 19-~Landwasthereafterpr ntedandpub shedonevel ...............
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 sworn to..before
(NOTARIAL SEAL)
Notary Public, .............................. County, N~innesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 74- 20
AN ORDINANCE AMENDING CHAPTER 4 OF THE
CITY CODE, DESIGNATING FLOOD PLAINS IN OR
ABOUT BASSETT'S CREEK; REGULATING THE
USE AND DEVELOPMENT THEREOF: ESTABLISHING
A FLOOD PLAIN MANAGEMENT PROGRAM WITHIN
THE CITY OF NEW HOPE.
The City Council of the City of New Hope ordains:
4.700 The City Code is amended by the addition of the following:
4.701 Title.
This ordinance may be cited and referred to as the Flood Plain
Management Ordinance.
4.702 Policy..
Subd. (1)
It is found and determined by the City Council that the lands
within the flood plains of Bassett's Creek in their natural state are
an invaluable land resource: that development within the flood
plains must be regulated on the basis of and with proper consideration
of the impact on the total creek along its full length, that lands within
the flood plains are or may be subject to loss or improvement of value
through uncoordinated and unplanned development; that the proper
management of development of such lands is essential to avoid rapid
runoff of surface waters, to prevent pollution of the Creek, to pre-
serve adequate ground water infiltration, to protect surface and ground
water supplies, to minimize periodic flooding resulting in loss of life
and property; to prevent interruption of governmental services,
extraordinary public expenditures to control runoff, and impairment
of the tax base, all of which adversely affect the public health,
safety and welfare.
Subd. (2) Purpose.
It is the purpose of this ordinance to guide and regulate the
orderly development of land within the flood plain by establishing
a system of management of the flood plain to effectuate the policy
set £orth in Subd. (1). It is further the intent of the ordinance to
establish a uniform flood plain management program, consistent
with the needs of individual cities, for all cities having lands within
the flood plain of Bassett's Creek to maximize the coordinated efforts
of all members of the Bassett's Creek Flood Control Commission
(hereinafter referred to as "Flood Control Commission") in
flood plain management, and to secure for the benefit of the
citizens of New Hope the benefits of the National Flood Insurance
Act of 1968 as amended.
Subd. (3) Statutory Authority.
This ordinance is enacted pursuant to Minnesota Statutes,
Chapter 104.
4.703 Definitions.
Subd. (1)
For purposes of this ordinance the terms defined in this Section
have the meanings given them.
Subd. (2)
"Board" means the Board of Adjustments and Appeals of the
City.
Subd. (3)
"Commission" means the City Planning Commission.
Subd. (4)
"Commissioner" means the Commissioner of the Minnesota De-
partment of Natural Resources.
Subd. (5)
"Council" means the City Council.
Subd. (6)
"Flood Plain" means the areas within the City which are subject
to flooding and which lie below the elevations shown on the official
flood zone profile appended to this ordinance.
Subd. (7)
"Obstruction" means any storage of material or equipment, any
dam, wall, wharf, embankment, levee, road, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, deposit, clearing of trees or
vegetation, structure or matter in, along, across, or projecting, in
whole or in part, into any flood plain.
-- 2 --
Subd. (8)
"Structure" means anything that is built or constructed, an
edifice or building of any kind, or some piece of work artifically
built up or composed of parts joined together in some definite
manner, whether of a temporary or permanent character.
Subd. (9)
"Zoning Ordinance" or "Zoning Code" means the zoning
ordinance of the City: "Building Code" means the State Building
Code.
Subd. (10)
"Regulatory Flood Proetection Elevation" means a point not less
than one foot above the elevation of the flood plain, plus any increases
in flood heights attributable to encroachments on the flood plain. It
is the elevation to which uses regulated by this ordinance are required
to be elevated or floodproofed.
Subd. (11)
The definition of other terms related to flood plain management
contained in the Regulations of the Commission of Natural Resources
contained in Reg. N.R. 85-93- (C) are hereby adopted by reference
and made a part of this ordinance as if fully set forth herein.
Subd. (12)
"Flood Plain Administrator" or "Administrator" means the City
Office designated as such by Section 4.708 of this ordinance.
4.704 Establishment of Flood plain.
Subd. (1) Lands Subject to Ordinance.
This ordinance applies to all lands within the City which are
subject to flooding and which lie below the elevations shown on the
official flood plain profile.
Subd. (2) Establishment of Flood Plain.
The flood plain consists of all lands which lie below the elevations
shown on the official flood zone profile on file in the Protective In-
spection Department in the City Hall, a copy of which, reduced in
-3-
size, is appended to this ordinance. A schematic representation
of the flood plain, based upon the profile, is also appended to
this ordinance for reference and information. The flood plain
districts hereby established are part of the official zoning of the
City.
Subd. (3) Official Flood Zone Profile.
The profile on file in the Protective Inspection Department, to-
gether with explanatory matter attached thereto, is the official flood
zone profile and prevails over the profile and schematic representation
appended to this ordinance. The official flood zone profile is hereby
adopted by reference and made a part of this ordinance. The profile
is open to inspection by the public during normal business hours of
the City.
Subd. (4) Boundaries.
The boundaries of the flood plain shall be determined from
elevations shown on the Official Flood Zone Profile. Schematic
representations of the flood plain boundaries are included in the
Watershed Management Plan for Bassett Creek and is appended to
this ordinance for reference and information. Copies of topographic
maps indicating the location of the flood plain shall be on file in the
city office for informational purposes. However, where the exact
location of flood plain boundaries are to be determined, the Official
Flood Zone Profile and actual field elevations shall control.
Subd. (5) Flood Hazard Areas.
The flood hazard areas are hereby designed as those lands
lying below the elevation shown on the official Flood Zone Profile.
4.705 Methods Used to Analyse Flood Hazard.
Subd. (1) Management Plan.
Consistent with standards established by the Minnesota Depart-
ment of Natural Resources, "the Watershed Management Plan for
the Bassett's Creek Flood Control Commission" has been used to
determine the flood plain. Regional flood profiles were determined
by calculating the hydrograph of runoff for a 100 year frequency
storm, and routing them through the existing drainage system.
-4-
Subd. (2) Standards for Flood Hazard Area.
The Board in cooperation with the Flood Control Commission
and the Flood Plain Administrator shall, where applicable:
1) Determine regional flood elevation from the regional flood
profiles prepared for streams subject~ to this ordinance. It
is in the general order of a flood which could be expected
to occur on the average of one every 100 years.
2) Compute the floodway required to convey the regional flood
without increasing flood heights to an extent which would
cause subantial upstream or downstream damage to existing
or reasonably anticipated future development. Computation
of increases in flood heights caused by an encroachment shall
be based upon the reasonable assumption that there will be
an equal degree of encroachment on both sides of the stream
within that reach. Generally, any increase in flood stage
attributable to encroachments on the flood plain of any stream
or river shall not exceed 0.5 feet in any one reach or for the
cumulative effect of several reaches.
3) Evaluate the effects of the proposed use upon the public
health, safety and general welfare to minimize those losses
described in Section 4.702 of this ordinance.
4.706 Flood Plain Uses: Standards, Permits.
Subd. (1) Existing Land Use.
No land use shall be changed nor shall any obstruction be
changed in its use or constructed or modified in the flood plain
except in accordance with this ordinance.
Subd. (2) Permitted Uses.
The following open space uses are permitted in the flood plain
to the extent that they are not prohibited by any other ordinance
and provided they do not require structures, fill, storage of
materials or equipment. In addition, no use shall adversely affect
the efficiency or unduly restrict the capacity of the channels or
floodways or any tributary to the main stream drainage ditch, or
other drainage facility or system:
-5-
a) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming or wild crop harvesting.
b) Industrial-Commercial uses such as loading areas, parking ..
areas, and airport landing strips.
c) Private and public recreational uses, such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, willife habitat,
game farms, fish hatcheries, shooting preserves, target ranges,
trap and skeet ranges.
d) Residential uses such as lawns, gardens, parking areas,
and play areas.
Subd. (3) Special Uses.
All other uses other than those specified in Subd. (2) are
permitted only upon the issuance of a special permit in accordance
with and in compliance with this ordinance.
4.707. Special Uses: Permits.
Subd. (1) General Rule.
No temporary or permanent structure or fill for roads, levees
or other purposes, deposit, obstruction, storage of materials or
equipment or other use shall be permitted which acting alone or in
combination with existing or reasonably anticipated uses would un-
duly affect the efficiency of the capacity of the flood plain or unduly
increase flood heights. Consideration of the effects of a proposed
use shall be based on the assumption that there will be an equal degree
of encroachment extending for a significant reach on both sides of
the stream. Any such use which increases the flood plain elevation
by more than 0.5 foot per reach or for the cumulative effect of several
reaches is deemed to unduly decrease the capacity of the channel or
flood plain.
Subd. (2) Permitted Special Uses.
The following uses may be introduced into the flood plain upon
the issuance of a special permit.
a) Fill. Filling is permitted by a municipality upon the approval
of the Flood Control Commission and with the provision for
compensating storage and channel improvement so that the
flood level shall not be increased at any point along the channel.
-6-
b) Structural Works for Flood Control. Structural works for
flood control such as dams, levees, dikes and floodwalls
may be erected. The minimum height and design of any
such structural works shall be based upon the flood profile
provided:
1. For urban areas the minimum height and design of such
works shall be at least three feet above the elevation of
the regional flood or at the elevation of the standard project
flood, whichever is greater,
2. Modification and additions to such works shall assure
that the work will provide a means of decreasing flood
damage potential in the area.
c) Utilities, Railroad, Streets and Brid~es. Public utilities,
railroad tracks, streets and bridges provided they are designed
to minimize increases in flood elevation, and are compatible
with the Management Plan of the Flood Control Commission.
Protection of the regulatory flood protection level shall be pro-
vided where failure or interruption of these public facilities
would endanger the public health or safety or where such
facililities are essential to the orderly functioning of the area.
Where failure or interruption of service would not endanger
life or health, a lesser degree of protection may be provided for
minor or auxiliary roads, railroads or utilities.
Subd. (3) Adjustments of Regulatory Flood Protection Elevations
and flood Plain Elevations.
In connection with any proposed development of, or proposed
placing of an obstruction in, the flood plain, if the regulatory flood
protection elevations and flood plain elevations then being used re-
flect proposed measures for flood control, including water retention
areas, then such elevations shall not be effective or used in issuing
a special permit until such measures are constructed and operative,
unless the proposed measures will increase flood heights, in which
case the regulatory flood protection elevation and flood plain elevations
used in issuing a special permit shall reflect the anticipated increases.
Subd. (4) Approvals.
Special Permits may not be issued without the approval of the
Flood Control Commission. No special permit shall be issued unless
the proposed use conforms to the land use plans and planning ob-
jectives of the City and the management plan and policies of the
Flood Control Commission.
-7-
4.708 Administration of Flood Plain Management Program.
Subd. (1) Administrator.
The City Manager is responsible for the administration of this
ordinance. He shall consult with the City Engineer and the Technical
Advisors of the Flood Control Commission in carrying out his duties.
Subd. (2) Applications: Special Permits: Fee.
Applications for special permits shall be made to the Administrator
by the owner of the land involved, in duplicate. The application shall
include the following information:
1) Plans, including a survey by a Minnesota registered land
surveyor, in duplicate, drawn to scale, showing the nature,
location, dimensions, and elevations of the lot or plot,
existing and proposed obstructions, the relationship of the
lot or plot and existing and proposed obstructions to the location
of the channel, surface water drainage plans and floodproofing
measures.
2) A valley cross-section showing the channel of the stream, ele-
vation of land areas adjoining each side of the channel, cross-
sectional areas to be occupied by the proposed development,
high water information, all drainage areas, all land forms and
adjacent marshes and wet areas.
3) Plans (surface view) including a survey by a Minnesota
registered land surveyor, showing elevations or contours of
the ground, pertinent obstruction elevations, size, location
and spatial arrangement of all proposed and existing obstructions
on the site, location and elevations of streets, water supply
and sanitary facilities, photographs showing existing land
uses and vegetation upstream and downstream, and soil types.
4) Profile showing the slope of the bottom of the channel or flow
line of the stream.
5) Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply (including withdrawal and
discharge of ground and surface water), and sanitary facilities.
-8-
6) Description of the water quality if other than a municipal
water system is used, maximum yearly withdrawal of ground
waters, and the impact on the receiving creek of discharged
surface and ground water.
7) Statement of the private and public benefits anticipated from
the proposed activity, the alternatives to the proposed activity,
the effect of the proposed activity on the capacity of the flood
plain and on flood heights, the adverse effect, if any, on the
flood plain, and the creek, marshes and wet areas in the flood
plain, which cannot be avoided if the special permit or variance
be granted.
The application shall be accompanied by a fee of $25.00.
Subd. (3) Review.
Within 45 days of receipt of the application the Administrator
shall submit the application with his report .to the Commission, to
the Flood Control Commission, and to the Commissioner for their
review. The Commission shall act upon the application in the
same manner as an application for a special use or conditional use
permit under the City zoning ordinance, taking into consideration
any comments, if any, received from the Flood Control Commission
or the Commissioner.
Subd. (4) Approval.
The Commission shall make its recommendation to the City
Council and the Administrator shall issue the permit upon approval
by the Council.
4.709 Variances. Board of Adjustments and Appeals.
Subd. (1)
The Board shall hear and decide all appeals where it is alleged
that there is an error in any order, requirement, decision or deter-
mination made by an administrative officer in the enforcement of this
ordinance. The Board shall hear all appeals for variances from
the strict application of the terms of this ordinance in the same manner
as it hears and decides appeals under the zoning ordinance of the City,
except as otherwise permitted herein.
-9-
Subd. (2) Application.
Application for variance shall be made to the Administrator
in the same manner as an application for a special use is made
under Section 4.708. The application fee shall be $10.00. The
Administrator shall submit the application for review to the same
agencies as required under Section 4.708, Subd. (3), and to the
Board together with the data required by that Section and any
other data he deems necessary for a complete review by the Board.
Subd. (3) Action by the Board.
Upon receipt of the Administrator's report the Board shall hear
and decide upon the application in the same manner as it decides
appeals under the zoning ordinance of the City provided however,
that no variance shall have the effect of permitting a structure to be
at a lower elevation than the regulatory flood protection elevation
of the individual property under consideration. The Board shall
take no action in the appeal until 60 days have elapsed from
submission of the application to the Flood Control Commission, the
Commissioner, and the Commission. The recommendations of the
Flood Control Commission and the Commissioner, if any, shall be
considered by the Board in making its judgment. No variance shall
be granted without full consideration of the standards, policies
and purposes expressed in this ordinance.
4.710 Technical Assistance
The Board of the Commission may transmit information received by
it to the Flood Control Commission for technical assistance where in the
judgment of the Board of Commission such evaluation is needed to evaluate
flood heights and velocities, the summaries of the flood damage to the use
and the adequacy of the plans for protection, compliance with technical re-
quirements of this ordinance, State law or regulation and other technical
matters.
4.711 Conditions Attached to Special Permits and Variances.
The Council may attach such conditions to the granting of special
permits, and the Board, and the Council on appeal, may attach conditions
to the granting of variances as the Council or Board deems necessary to
carry out the purposes of this ordinance.
- 10 -
4.712 Notices, Permits, etc. Forwarded.
The Commission, Board or Council shall give mailed notice to the
Commissioner of each hearing before it for a special permit or variance
not less than ten days prior to the date of the hearing. In addition, a copy
of any special permit or variance shall be forwarded to the Flood Control
Commission within ten days after its issuance.
4.713 .L_apse of Variance or Special Permit.
If within one year after the issuance or grant of a special permit or
variance, the owner or occupant shall not have substantially completed the
work authorized by such special permit or variance, then the special permit
or variance shall become null and void unless a petition for extension of
time in which to perform such work has been granted. Such petition to
extend time shall be in writing and filed with the City Administrator more
than 20 days before the expiration of one year from the date the original
special permit or variance was issued or granted, shall state facts showing
a good-faith attempt to use the special permit or variance, and shall state
the additional time requested to complete such work. Such petition, if it
relates to a variance, shall be presented to the Board for hearing and
decision, and appeal to the Council, in the same manner as the original re-
quest for variance. If the petition relates to a special permit, it shall be heard
and decided by the Council, upon the report and recommendation of the Com-
mission, in the same manner as the original petition for a special permit. In
determining under this paragraph whether the petitioner has made a good-
faith attempt to complete such work, the Board or Council may consider such
factors as the design, size, expense and type of the proposed work. It shall
be within the power of the Board or Council, at the time of granting the
original request for a special permit or variance, to grant a two-year period
for the completion of the work authorized thereby, but such two-year period
may not thereafter be extended.
4.714 Certificate of Zonin~ Compliance.
Upon completion of any work or project pursuant to a special permit
or variance granted pursuant to this ordinance, and prior to the use or oc-
cupancy of the land or obstruction permitted by the special permit or variance,
a Certificate of Zoning Compliance shall be issued therefor by the Administrator
stating that the use of the land or obstruction conforms to the requirements
of this ordinance. Prior to issuance of such Certificate, applicant, if requested
by the Administrator, shall submit a certification by a registered professional
engineer or land surveyor, as appropriate, that the permitted obstructions,
including, but not limited to, finished fill and building floor elevations,
- 11-
floodproofing, or other flood protection measures, have been completed in
compliance with the provisions of this ordinance and in compliance with
the information given to the City in connection with the application for a
special permit or variance.
4.715 Nonconforming Obstructions, Uses and Structures; Lapse;
Destruction.
Subd. (1) Continuance.
An obstruction or structure, or the use of a structure or premises,
which was lawful before adoption of this ordinance but which is not
in conformity with the provisions of this ordinance may be continued
subject to the following conditions:
1) No such obstruction, use or structure shall be expanded,
changed, enlarged, or altered in any way without complying,
in all respects, with this ordinance, including, but not
limited to the obtaining of all required permits and variances.
2) If such use of such obstruction or structure, or use of such
premises, is discontinued for twelve consecutive months, any
subsequent use of the obstruction, structure or premises shall
comply, in all respects, with this ordinance, including, but
not limited to, the obtaining of all required permits and variances.
3) If any nonconforming obstruction or structure is destroyed or
damaged by any means, including floods, to the extent that
the cost of repairing or restoring such destruction or damage
would be 50 percennt or more, as estimated by the Council or
some official designated by it, of the cost of re-erecting a new
obstruction or structure of like kind and quality and of the same
physical dimensions and location, then it shall not be recon-
structed except in full compliance, in all respects with the
provisions of this ordinance, including, but not limited to,
the obtaining of all required permits and variances.
4.716 Right of Passage.
It is unlawful for any person, without a special permit obtained
pursuant to this ordinance, to place any obstruction in Bassett's Creek, to
obstruct the passage of watercraft or to interfere with the use by the public
of the beds, banks, waters or channels of said creek, except obstructions
placed by the appropriate authority and used for flood plain management,
in which case adequate provision shall be made for portaging and passage
of watercraft.
- 12 -
4.717 Removal of Obstructions.
Subd. (1) Natural Obstructions.
The City shall have the right of reasonable entry upon lands
in the flood plain for the purpose of ingress and egress to the flood
plain, and the beds, banks and waters of the creek, to remove
any natural obstructions such as, but not limited to, trees, debris,
litter and silt.
Subd. (2) Artificial Obstructions.
Any artificial obstruction of the beds, banks, waters or channels
of Bassett Creek in the flood plain made subsequent to the effective
date of this ordinance and not made pursuant to a special permit or
variance granted pursuant hereto shall be removed by thhe owner
of the adjoining land within ten days after marling to such owner ef
a demand so to do by the Administrator. If the owner shall fail or
refuse to remove the obstruction within said time, or if the owner
cannot be found or determined, the City may remove such obstruction
and the cost thereof shall be paid by the owner on demand, or may
be assessed against the land, and collected in the same manner as
prescribed by law for levying and collecting special assessments
for municipal improvements.
4.718 Misdemeanor: Public Nuisance: Penalty.
Any person who violates any provision of this ordinance or fails to
comply.with any of its terms or requirements is guilty of a misdemeanor
punishable by a fine of not more than $300 or imprisoned for not more than
90 days, or both. Each day such violation continues shall be considered
a separate offense. Every obstruction or use placed or maintained in the flood
plain in violation of this ordinance is hereby declared to be a public nuisance
and creation thereof may be enjoined and the maintenance thereof abated by
appropriate judicial action. Nothing herein contained shall prevent the City
from taking such other lawful action as is necessary to prevent, remedy or
remove any violation.
4. 719 Amendments.
Subd. (1)
The flood plain elevations on the Profile may be changed by
amendment to this ordinance, and such change, when made, shall
- 13-
be shown on the Profile. If it can be shown to the satisfaction
of the Council that any elevation is in error, the elevation will be
corrected by the Council by amendment to this ordinance. Amend-
ments shall be submitted to the Flood Control Commission and the
Commissioner, and shall be approved by the Commissioner prior
to adoption.
4.720 Interpretation.
In interpreting and applying the provisions of this ordinance, they
shall be held to be the minimum requirements for the promotion of the public
health, safety, prosperity and general welfare. It is not the intention of
this ordinance to interfere with, abrogate or annul any covenant or other
ordinance of this City; provided, however, where this ordinance imposes
a greater restriction upon the use or improvement of any premises than
those imposed or requried by other statutes, ordinances, rules, regulations,
or permits of the Gity, State, or the Flood Control Commission, or by covenants
or agreements, the provisions of this ordinance shall govern.
4.721 Warning and Disclaimer of Liabil.ity.
This ordinance does not imply that areas outside the flood plain or
land uses or obstructions permitted within the flood plain will be free from
flooding or flood damages. This ordinance shall not create liability on the
part of the City or any official or employee thereof for any flood damages
that result from reliance on this ordinance or any City action taken or
administration or Council decision lawfully made hereunder.
4.722 This ordinance shall be effective upon its passage and publication.
Dated the 9th day of ~eptember, 1974.
ATTEST: -~erk-Treasurer~
(Published in the New Hope-Plymouth Post the 19th day of September ,
1974.)
- 14-
~ NOI J.V^3-13 -
channel ~mprovement, storage of , eluding, but'not' limited to,"tho
'~1~ materials, water supply (including obtaining of all required permits
'V , withdrawal and discharge of and variances.
'~ '/~ 'Zt~i/' [,[~,6~9 ~'~[~'~ ground and surface water), and 3) f any nonconforming obstruction
O~ln~;~ ~:(E['~ ~', ~[[~) 'd L Ill, In~d '~S · '~J'd ~7 sanitary facilities. ' or structure is destroyed or;
-,~ ~-~ ~r ,~c~ ..~ ~.~.=.,, . -~ ' - ~ . ~ : ,,,-~- * -'- 6) Description Of the water quality if damaged by any means, including
ORDINANCE NO. 74-20 increasing flood heightsto an extent other than a municipal water tloods, to the extent that the cost of
AN ORDINANCE AMENDING which would cause subantial .up- system is used, maximum yearly repairing or restoring such
CHAPTER 4 OF THE ClTY CODffi, stream or downstream damage to withdrawal Of ground waters, and destruction or damage would be 50
DESIGNATING FLOOD P~t~INS existing or reasonably anticipated theimpact'on the receiving creak of percent or more, as estimated by
IN OR ABOUT BASSE~'r.~'~I~EEK; future development. Computation discharged surface and ground the Council or some official
R~GULAT~ING T~,ISE AND of increases in flood heights caused water, designated by it, of the cost of re-
~;~ELOPMENTTHEREOF: by an encroachment shall be based 7) Statement of the private and public erecting a new obstruction or
~I~kBLISHINGA~:LOODPLAIN upon the reasonable assumption benefits anticipated from the structure of like kind and quality
~I~NAGEMENT PROGRAM that there will be an edoai degree of proposed activity, the alternatives and of the same physical dimen-
W~-'FHIN THE CITY OF NEW HOPE encroachment on both sides of the to the proposed activity, the effect sides and location, then it shall not
The City Council of the City of New stream within that reach, of the propssed activity on the be reconstructed except in full
Hope ordains: Generally, any increase in flood capacity of the floc~l plain' and on compliance, in all respects With the
4.700 The City Cede is amended by the stage attributable to eh- flood heights, the adverse effect, if provisions of this ordinance, in-
addition of the following: creachmonts on the flood plain 'of any, On the flood plain, and the eluding, but not limited :to, the
4.701 Title. any stream or river shall not exceed creak, marshes and wet areas in the obtaining of all required permits
This ordinance may be cited and' 0.5 feet in any one reach or for the flood plain, which cannot be avoid- and variances.
referred to as the Flood Plain cumulative effect of several ed if the special permit or variance 4.71& Right of Passage. -
Management Ordinance. reaches, be granted. It is unlawful for any person,.without :~ ~
4.702 Policy. 3) Evaluatetheeffects of the proposed The application shall be ac- a special permit obtained pursuant to
Subd. (1) use upon the public health, safety companied by a fee of S25.00. ~ this ordinance, to place any ob-
It is found and determined by the and general welfare to minimize Subd. (31 Review. struction in 'Bassett's Creek, to ob-
City Council that the lands within the those losses described in Section Within 45 days of receipt of the 5truer the passage of Watercraft or to
flood plains of B~sseff's Creek in their 4.?02 of this ordinance, application the Administrator shall - interfere with tho use by the public of
natural state are an invaluable land 4.706 Flood Plain Uses: Standards, submit the application with his report Jhebeds, banks, waters or channe s of ~
resource: that development within the Permits. to tho Commission, to the Flood said creek, except obstructions placed ~s been the President of
flood plains must be regulated on the Subd. (1) Existing Land Use. Control Commission, and to the by the appr°Priateauthority and used
basis of and with proper consideration No land use shall be changed nor Commissioner for their review. The for flOOd plain management, inrwhich r..
of the impact on the total creek along shall any obstruction be changed in its Commission shall act upon the ap-
ifs full length, that lands within the use or constructed or modified in the plication in the same manner as an for f
flood plains are or may be subiect to flood plain except in accordance with application for a special use or con-
loss or improvement of value through this ordinance, ditional use permit under the City ~d sheet form equivalent
uncoordinated and unplanned Subd. (2) Permitted Uses. zoning ordinance, taking into Con- al Obstructions. ~uted at least once each
development; that the proper The following open space uses are sideration any comments, ~erest to the community
management of development of such permitted in tho flood plain to the received from the Flood ~ up entirely of patents,
lands is essential to avoid rapid runoff extent that they are no~ prohibited by Commission or the Commissioner. flood ~ality which it purports
of surface waters, to prevent pollution any other ordinance and provided they Subd. i4) Approval. ~t least 75 percent of its
of the Creek, to preserve adequate do not require structures, fill, storage The Commission shal bedsjbanksand=waters ~cond-cless matter in its
ground water infiltration, to protect Of materials or equipment. In addition, recommendation to the City Council
surface and ground water supplies, to no use shall adversely affect the et- and the Administrator shall issue the
minimizeperiodicflooding resulting in ficiency or unduly restrict the permit upon approval by the Council.
loss of llfe and property; to prevent capacity of the chanr~els or floodways 4.709Variaoces. Board al Adjustments ; established and open
inter'ruptionofgovernmental services, or any tributary to the main stream and Appeals. An' of subscriptions and
extraordinary' public expenditures to drainage ditch, .or other drainage Subd. [1) lis direction and control
con~rol runoff, and impairment of the facility or system: The Beard shall hear and decide all Bossett Creek in the flood plain made ~per files a copy of each
tax base, all of which adversely affect a) Agricultural uses such as general ,~ppeals where it is alleged that there subseduent to the effective date of this ~ the foregoing conditions
the. public health, safety and welfare, farming, pasture, grazing, outdoor is an error in any o~'der, requirement, ordinance and nat made pursuant to a
Subd. (2) Purpose. . plant nurseries, horticulture, truck decision or determination made by an special permit Or..variance' granted
It. is the purpose of this ordinance to farming, forestry, sod farming or administrative officer in the an- pursuant hereto shall be remo~;ed by
guide and regulate the orderly wild crop harvesting, forcement of this ordinance..The, the owner of the ad Dining land within
development of land within the flood b) Industrial-Commercial uses such Beard shall hear all appeals 'for ten days after ma'iling to such owner of'
plain by establishing a system of as loading areas, parking' case variances from the strict application a demand, so to ;do by the Ad-
management of the flood plain to et- made and areas, and airport land. of the terms of this ordinance in the ministrator.-If the OWner shall fail
fectuate the policy set forth in Subd. lng strips, same manner as it hears and decides refuse 'to remove the' obs~truction
(1]. It is further the intent of the or- c) Private and public recreational appeals udder the zoning ordinanceef within said time, or:if .the owner
d~c~e to establish a uniform flood uses, such as golf courses,, tennis the City,- except as otherwise per- cannot.be found or determined, the
I:~management program, con- cou~ts, driving ranges, archery mitred herein. City mayremovesochobstructionland
si~ with the needs of individual ranges, picnic grounds, boat Subd. (2) Application. the cost thereof shall be paid by the
cities, for all cities having lands within launching ramps, swimming areas, Application for variance shall be owner en demand, or may be assessed
the flood plain of Bassett's Creek to .parks, wildlife habitat, game madetotheAdministratorin theeame against the land,.~
maximize tho coordinated efforts of all farms, fish hatcheries, shooting manner as an application for a special
members of the Basseff'sCreek Flood . preserves, target ranges, trap and use is made under Section 4.708. The levying
Control Commission (hereinafter skeet ranges, application fee shall be $10.00. The assessments
refer~ed to as "Flood Control Cam- d) Residential uses such as lawns, Administrator shall submit 'the a~ provements. .-' ./
mission") in flood plain management, gardens, parking areas, and play plication for review to the same 4.7~8 Misdemeanor:
and to secure for the benefit of the areas. , agencies as required under Section 'Penalty.
citizens of New Hope the benefits of Subd. (3) Special Uses. 4.708, Subd. (3), and to the Board Any person who
the National Flood Insurance Act of All other uses othor titan those tegetherwiththedatarequlredbyfhat
1968 as amended, specified in Subd. (2) are permitted Section and any other data he deems
Subd. (3) Statutory Authority. only upon the issuance of a special necessary for a complete review by ~equirements::: is, ,guilty ..' of
This ordinance is enacted pursuant permit in accordance with and in the Board. misdemeanor I~n shai~ e by a fine 'of
'to Minnesota Statutes, Chapter 104. compliance with this ordinance. Subd. (3) Action by the Board. not more than $300 or !mprisoned for
4.703 Definitions. 4.707 Special Uses: Permits. Upon receipt of the Administrator,s nat more than 90 days, Or both. ~Each
Subd. (1) Subd. (1) General Rule. report the Board shall hoar and decide day soch violation contin~es~ShalJ be
For purposes of this ordihance'the No temporary or permanent upon the application in the same considered a separate of.fense~ Every
terms defined in this Section have the structure or fill for roads, levees or manner as it decides appeals under bbstruction or use .placed ~or .main-
meanings given them. other purposes, deposit, obstruction, the zoning ordinance of the City tainedinthefloud plainin¥iolationot
Subd. (2) storage of materials or equipment or provided however, that no variance this ordinance is hereby declared fo be
"Board" means the Board of Ad- other use shall be permitted which shall have the effect of permitting a a publicnulsan, ce and creation thereof
justments and Appeal~ of the City. acting alone or in combination with structure to be at a lower elevation be ~nence
Subd. (3) existing or. reasonably anticipated than the regulatory flood protection
"Commission" means the City usaswould unduly affect the efficiency elevation of the individual property
Planning Commission. of the Capacity of the flood plain or under consideration. The Bo~rd shall prevent
Subd. (4) . unduly increase flood heights. Con. take no action in the appeal until 60
"Commissioner" means the siderotion of the effects of a proposed days have elapsed from submission of.
Commissioner of the Minnesota' use shall be based on the assumption the application to the Flood Control violation..
Department Of Natural Resources. that there will be an equal degree of Commission, the Commissioner, and 4.719 Amendme~tsJ'
Subd. (5) encroachment extending for a the Commission. The racom- Subd. (~) . · . '~' ·
"Council" means the City Council. significant reach on both sides of the mendelians of tho Flood Control The flood Plaid elevations or~
Subd. (6) . stream. Any such use which increases Commission and the'Commissioner, if . Profile may be changed by -amend°
"Flood Plain" means the areas the flood plain elevation by more than any, shall be considered by the Board .ment' to this. o?dina~ce, and
within the City which are subject to 0.5 feet per reach or for the cumulative in making its judgement. NO variance change, when made, Shall be shown on
flooding and which lie below the effect of several reaches is deemed to shall be granted without full con- the Profile. If it can. be'shown fo the':
elevations shown on the official flood unduly decrease the capacity ef the sideration of the standards, policies satisfaction of the Council that ~ny
zone profile appended to this or- channel or flood plain, and purposes expressed in this or- eleva.tion is i~ error, 'the elevation will
dinance. Subd. (2) Permitted Special Uses. dinance, be. corrected by the
Subd. (7) 'The following uses may be in- 4.710 Technical Assistance amendmen¥ to ~this
"Obstruction" means any storage of traduced into the flood plain upon the The Board of the Commission may
material or equipment, any dam, wall, · issuance of a special permit, transmit information received by it to
wharf, embankment, levee, road, a) Fill. Filling is permitted by a the Flood Control Commission .for
dike, pile, abutment, proiection, ex~ - municipality upon the approval of technical a~sistance where in the
cavation, channel r'ectification, the Flood Control Commission and udgemont of the Board ' of Cam: '~Ainnesota
CU err '
cu~t, building, .wire, fence, stock, with the' provision for com. mission such evaluation is needed to -
.~..fuse, fill, deposit, clearing of pensating storage and channel' evaluate flood heights 'and velocities,
l~or vegetation, structure or improvement so that the flood level the summaries of the flood damage to 19
m~r in, along, across, or projecting, shell not be increased at any point th.e use and the adequacy of the plans
in whole or in part, into any flood along the channel, for protection, compliance with
plain. - b) Structural Works for Flood Control. technical requirements Dr.-th s or*
Subct. (8) Structural works for flood control dinance, State law or regulation and ?
"Structure" means anything that is such as dams, levees, dikes and other technical matters.
built or cort~tructed, an edifice or floodwalls may be erected. The 4.711 Conditions Attached ~ Special
building of any kind, or some piece of minimum height and design of any
Permits and Variances. ~- ..
work artifically built up or composed such structural works shall be The Coun~ I may attach such con-: ~
3f .Parts joined t0ge~her in some base. cl..upbn the flood profile diti0ns~ to the'~gr~ah_~ing of' s_peC_!al
ORDINANCE NO. 74- 2]
AN ORDINANCe: AMENDING CHAPTER 8.00 AND
SECTION 3.150 OF THE CITY CODE RELATIVE TO
REQUIREMENTS FOR ISSUANCE OF LICENSES
WITHIN THE CITY OF NEW HOPE AND
CERTIFICATES OF OCCUPANCY
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section 1. Chapter 8.00 Business and Amusement Regulation and Licensing
is hereby amended by actding the following:
Subd. 8.09 Additional Requirements
In addition to any other requirements for the issuance of any
license, pursuant to Sections 8.10,8.20, 8.70, 8.90, 8.120
and 8.130 the following shall be required:
A. In all districts, where off-street parking spaces are required
by other provisions of this Code, such parking areas, including
driveways, shall be paved with an asphaltic or concrete sur-
facing, with adequate drainage provided.
B. Maintenance.
(i) In all districts where off-street parking areas are
required, they shall be maintained free of pot holes, broken
surface material and be graded, and maintained so as to
immediately dispose of all surface water accumulation with-
in the area.
(ii) Parking spaces shall be restriped as often as necessary
to insure the same are clearly designated as required in
Section 4.68 (4) of this Code.
Section 2. Section 3.156 Minimum Standards for Occupancy is hereby amended
by adding the following:
Subd. (3) In addition to the requirements of Subd. 1 and 2
above, no certificate of occupancy shall be issued or annual
registration statement accepted unless:
(i) off str,eet parkin, g spa. ces~ an, d. sur. fag~es~a,re l~.~operly
stripea as provlaealn ~ectlon ~.b~ ~UD. [~)of this
code, and
(ii) such surfacing shall be maintained so as to be free
of pot holes, broken surface material and be graded
and maintained so as to dispose of all surface water
accumulation within the area.
Section 3. This ordinance shall be effective from and after its passage and
publication.
Passed by the City Council of the City of New Hope this 23rd day of
September , 1974.
~r
~-~xy~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 3rd day of0ctober 1974.)
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
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
CITIES 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 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 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~ ' ~ ~ ~;~ *:~/
~~~ ......... · ....................... : ...............
the'Engli.~sh.~,r~uage, once each week, for. ~.... successive weeks; that it was first So published on ~.~.¥.~.~.~'
the...~. ...... day of ~~.. 19..~../cZ~.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... end 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--S1/2 pt. Sans
Subscribed and sw~'n to before
(NOTARIAL SEAL)
Notary Public, .............................. County, AAinnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74 - 23
AN ORDINANCE AMENDING SECTION 13.3 (b)
OF THE AMERICAN INSURANCE ASSOCIATION
FIRE PREVENTION CODE, HERETOFORE ADOPTED
BY REFERENCE AS PART OF SECTION 9.00 OF THE
CITY CODE
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 13.3 (b) of the 1970 Edition of the American Insurance
Association Fire Prevention Code is amended to read as follows:
"(b) It shall be unlawful for any person to store, to offer for
sale, expose for sale, sell at retail, use or explode or have
in his possession any fireworks except as provided in sections
13.3 (c) through 13.3 (f) ."
Section 2. This ordinance shall be effective from and after its passage and
publication.
Passed by the City Council of the City of New Hope this 23rd day of
September , 1974.
Mayor
~tuliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 3rd day of October , 1974.)
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
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
CITIES 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 ~.~.~-.~..~--~.~...~...~.~.:.. ?.?..~...~...~. .........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'Engli~s~guag e, once each week, for.../.' . successive weeks; that it was first so published on .~...~....~/~
the...~....~.~., day of..~~.~.... 19.? .~.. and was thereafter printed and published on every ................. ~
to and including the .......... day of ........................ 19 ...... and that the following is e printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged es 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 s~orn to before
me thi~......~..~ ........... day of~~..A.D., 19..~...~.
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74 - 24
AN ORDINANCE AMENDING SECTION 14.2
OF THE AMERICAN INSURANCE ASSOCIATION
FIRE PREVENTION CODE, HERETOFORE ADOPTED
BY REFERENCE AS PART OF SECTION 9.00 OF THE
CITY CODE
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 14.2 of the 1970 Edition of the American Insurance
Association Fire Prevention Code is hereby amended by
deleting the following:
" ......... except dwelling units of multifamily
dwellings ......... "
Section 2. This ordinance shall be effective from and after its passage and
publication.
Passed by the City Council of the City of New Hope this 23rd day of
September , 1974.
Attest: ~~
~~x/~uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 3rd day of 0ctob.§~ , 1974.)
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
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
CITIES 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. ~...~ .... .~...~. ~..~-....~.. .....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publisl~l therein in
the'Engl~uage, once each week, for...~., successive weeks; that it was first so published on
the..,~.. ~.... 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
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
Nty Commission Expires .............................. 19 ......
ORDINANCE NO. 74 - 25
AN OHDINANCE AMENDING SECTION 9.90 OF THE
CITY CODE ADOPTING A FIRE PREVENTION CODE
PRESCRIBING REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE,
EXPLOSION AND OTHER LIFE EMERGENCIES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.01 Subd. (1) of the City Code is amended to read:
"Subd. (1) Adoption.
There is hereby adopted by the City of New Hope for the
purpose of presribing regulations governing conditions hazar-
dous to life and property from ~ire, explosion and other like
emergencies that certain code known as the Fire Prevention Code
recommended by the American Insurance Association, being
particularly the ] 970 edition (including October, 1972 revision)
thereof and that certain code known as the Life Safety Code 1973
recommended by the National Fire Protection Association being
particularly the 1973 edition thereof (NFPA No. 101-1973) and
the whole of each thereof, save and except such portions as are
hereinafter deleted, modified or amended, of which code not
less than three (3) copies of each have been and now are filed
in the office of the Clerk-Treasurer of the City of New Hope
and the same are hereby adopted and incorporated as fully
as if set out at length herein, and from the effective date of
this ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of New Hope."
Section 2. This ordinance shall be effective from and after its passage and
publication.
Passed by the City Council of the City of New Hope this 23 day of
September, 1974.
~or
Attest: ~rk-Treasurer
(Published in the New Hope-Plymouth Post this 3rdday of 0ctober, 1974)
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 ell the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
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 e 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 es second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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
~C~ falr~ill i t~i te~ ti~ taht itt thai tnheeW~r;~ill '.~~.. ~..~.. !..... ~...~..~ ..~....~..~.. ...............
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and ~ t_h~i~,in
the~English language, once each week, for.../., successive weeks; that it was first so published on .~..~..~?.~~'.~'
the .......... day of/.~-~< ........... ~... 1 ~ ...... and was thereafter printed end published on every .....................
to and including the .......... day of ........................ 19 ...... end 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/~ pt. Sans
Subscribed an. dz,-~r, n t° bet°re . - ,~
me '~y-- of .~.~.'..~.~..'~.....A.D., 19...~...~/
.... ¢ ..... ........................................
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. ]9 ......
ORDINANCE NO. 74 - 26
AN ORDINANCE CHANGING THE NAME OF
58th AVENUE NORTH TO 59th AVENUE NORTH
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. 58th Avenue North as shown and dedicated in the plats
of Jessen's Highland Hills and Jessen's Highland Hills 2nd, is
hereby renamed and established as 59th Avenue North.
Section 2. The line of words set forth hereafter in quotations-
shall be inserted at the end of Appendix A "Street Name Changes"
of the City of New Hope Code of Ordinances Under the column heading
shown:
Old Name Location New Name
"58th Avenue Jessen's Highland Hills 59th Avenue"
Jessen's Highland Hills,2nd
Section 3. This ordinance shall be in force and effect upon its
passage and publication.
Dated the 23rd day of September 1974.
~-t~easurer
Published in the New Hope-Plymouth Post the 3rd day of October 1974.
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
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
CITIES 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 fo 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...~A~.~..~-~~.......~...'..?.?...--..~....~. ...................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~h~ed therein in
the'Engl~Jage, once each week, for./., successive weeks; that it was first so published on ~~
the3 ~ .~day o,..~.~~ 19 7..~'~'. end was thereafter pri,ted and published on every 4~'
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 swor,~ to before
.......
.............................................
Notary Public ............................... County, N~innesota
Nty Commission Expires .............................. 19 ......
ORDINANCE NO. 74
AN ORDINANCE CHANGING THE NAME OF
32ND PLACE TO 32ND COURT
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. 32nd Place as shown and dedicated in the plats
o'f West Winnetka Park 3rd Addition, is hereby renamed and
established as 32nd Court,
Section 2. The line of words set forth hereafter in quota-
tions shall be inserted at the'end of Appendix A "Street
Name Changes" of the City of New Hope Code of Ordinances
under the column heading shown:
Old. Name' Location New Name
"32nd Place West Winnetka Park 3rd ~2nd Court"
Addition
Section 3. This ordinance shall be in force and effect
upon its passage and publication.
Dated the 15th day of October 1974.
: ~C~ ~~~ "' ~' Mayor
ATTEST ~reasurer
Published in the New Hope-Plymouth Post the day of 1974.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENN]~PIN
· . , being duly sworn, on oath says he is and during ail the times herein stated has been the President of
The Post Publish lng Co., publisher and printer of the newspaper known as
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
CITIES 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 printed.. ~~....~..~.;...~...~..~ .~...7. ............................
hereto attached as a part hereof was cut from the columns of said newspaper, and wes printed and publi~ed therein in
the'English~la~guage, once each week, for../.., successive weeks; that it was first SO published on ~~/J
the'-~/ .~.~. day of ~ 19 "~ ~Z~ and was thereafter printed and published on every
to end including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, ~th inclusive, and is hereby acknowledg~ as being the size and kind of type us~ in
the composition and publication 0f said notice, to wit:
abcdefghiiklmnopqrstuv~yz~V2 pt. Sans
Subscribed and sw~qrn to before
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
AN ORDINANCE PROVIDING FOR
THE OPERATION OF THE STREET
LIGHTING SYSTEMS OF THE
CITY OF NEW HOPE, MINNESOTA
The Council of the City of New Hope ordains:
1. The City Code is amended by the repeal of the existing
sections 6.20 through 6.24, and the substitution therefor of the
following Sections 6.20 through 6.27.
6.20 STREET LIGHTING SYSTEM
6.21 Determination of Location. The Council shall determine
by resolution from time to time, the streets, or other public or
private areas on which the City shall install and operate street
lighting systems and shall determine in which category each property
is classified, as said categories are hereinafter defined.
6.22 Categories of Street Lighting. The categories of street
lighting shall be determined by the type of lighting provided which
shall be
a. Ornamental. Pedestal type poles, served by underground
power.
b. Overhead. Street lights attached to poles served by
overhead power.
6.23 Costs. The costs of the street lighting system shall be
the actual costs as billed to the City by the power company for
each category, plus 10% for administrative expense.
6.24 Billing Units. The number of billing units in each
category shall be the aggregate sum of every dwelling unit,
occupied or unoccupied, in the residential classifications served
and every commercial or industrial office, store, plant, ware-
house or institution in other classifications served.
6.25 Apportionment of Costs. The total costs for each category
shall be divided by the total number of billing units to arrive at
the cost apportioned to each billing unit, and the Clerk-Treasurer
shall send bills quarterly to each billing unit, directed to the
same person or entity to whom the sewe'r~nd water billing is sent,
or if a billing unit is not connected to the City sewer and water
system, to the owner of the premises in question.
6.26 Assessment. On or before September first of each year
the Clerk-Treasurer shall list the total unpaid charges for the
service against each separate lot or parcel to which they are
attributable under this ordinance as authorized by Minnesota
Statutes 429.101. The Council shall then spread the unpaid
charges against the property benefited as a special assessment
for certification to the County Auditor for collection the
following year with current taxes.
6.27 This ordinance shall be effective upon its passage
and publication.
Passed the /~ day of ~~f , 1974.
~/' "/ Mayor
Attest:~
Trea surer-
Published in the New Hope-Plymouth Post
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
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
CITIES 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, 19~6 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 publi,.~hed therein in
the'Englis~guage' °nco each week' f°r' ' '/' ' 'successive weeks; tha~ it was first s° Published °n /'~' '~' ' ' '~' ~~..)~ --~ -')//~
...... andwasfhereaffer printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and thaf 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:
abcdefghljklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this ~ ~' ~ "3// ~/
...'.~-,5.-,~ ..... ~,y of//,~..-~...'.~..~. :. A.D., ~9.?. ~..
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74- ~
AN ORDINANCE ADDING SECTION 2. 310 AND AMENDING
CHAPTER 10 OF THE CITY CODE PROVIDING FOR THE
ESTABLISHMENT OF A LIQUOR CONTROL COMMISSION
AND FOR THE LICENSING, REGULATION, SALE AND
CONSUMPTION OF INTOXICATING LIQUOR, REPEALING
INCONSISTENT ORDINANCES AND PROVIDING PENALTY
FOR VIOLATION.
City of New Hope, Minnesota
The City Council of the City of New Hope hereby ordains:
Section 1. Chapter 2 of the City Code, Government and Governmental
Units, is hereby amended by adding the following:
"2.310 L I Q U O R C O N T R O L C O M I S S I O N.
2. 311 Establishment and Purpose.
There is hereby established a Liquor Control Commission as an
advisory body to the Council for the purpose of acting upon applications
for "on sale" liquor licenses pursuant to Section 10.40 of the City Code,
including review of the information provided in any application for purpose
of making written recommendations to the Council as to the granting or
denial of any applications, and providing for hearings for any proposed
suspensions or revocations of any licenses. The Commission shall also
have such other duties as may be delegated to it by the Council, necessary
for the effective enforcement of Chapter 10.
2.312 Membership and Composition.
The Commission shall consist of five members, to be appointed
by a majority of the Council, who shall serve without compensation.
2. 313 Terms of Office.
The terms of the members of the Commission shall be two years,
except that the initial term for two of the appointees shall be for one year,
expiring on December 31, 1975. Determination of the members receiving
one year terms shall be made by placing the names of the five persons
receiving appointments as provided in 2. 312 on separate pieces of paper
and placing them in a box or other appropriate container, and withdrawing
the names of two appointees. Terms of office shall otherwise expire
December 31, or until a successor is approved by the Council.
2.314 Vacancies, and Removal of Members.
Subd. (1) Vacancies.
Vacancies shall be filled by the City Council for the unexpired
term.
Subd. (2) Resignation or Removal of Members.
A member of the Commission may resign upon written notification
to the Commission of his intent. The Commission may, by vote of
three-fifths of its members, petition the Council to dismiss any
member of the Commission when, in its judgment, the best interests
of the Commission are not being served. The member subject to
said petition shall have an opportunity to appear before the Council
prior to any dismissal or other action by that body.
2. 315 Organization.
The Commission will elect a chairman and a vice-chairman at its
first regular meeting. The terms of office shall be for one year. The chair-
man shall provide an agenda and preside over all meetings. The vice-
chairman shall function as chairman in the absence of the chairman and shall
perform such other duties as the chairman shall designate from time to time.
The City Manager shall assign a person to act as secretary and to record
the minutes of any meeting or hearing of the Commission, give notice of
the meetings or hearings to the members and perform the general clerical
duties of the Commission. The Commission shall, as soon as possible,
formulate and approve by-laws covering its meetings, organizations and
other matters necessary to prove for operations and functions, subject
to Council approval of the same.
2. 316 Meetings.
The Commission shall meet as is deemed necessary at the discretion
of the Commission but not less than three times annually. The meetings
shall take place in the City Hall in a place conducive to carrying out the
organized, intelligent operation of the Commission. The Commission meetings
shall be open to the public pursuant to open meeting policy adopted by the City.
The order of business shall be conducted by the same rules of parlimentary
procedure which govern the operations of the City Council, except where
manifestly inconsistent. Special meetings may be called by the Chairman or
three members in accordance with the Commission by-laws.
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Section 2. Chapter 10 of the City Code shall be hereafter entitled,
"Regulation of the Sale and Consumption of Intoxicatin~ Licluors and Non-
Intoxicatin~ Malt Licluors."
Section 3. Section 10.01 of the City Code is hereby amended by adding
the following:
Subd. (7) Original Package.
The terms "package" or "original package" means any
corked or sealed container or receptacle holding intoxicating
liquors.
Subd. (8) Hotel.
The term "hotel" means and includes any establishment
where, in consideration of payment therefor, food and lodging
are regularly furnished to transients, which maintains for the
use of its guests not less than 100 guest rooms with bedding and
other usual, suitable and necessary furnishings in each room,
which is provided at the main entrance with a suitable lobby,
desk and office for the registration of its guest on the ground floor,
which employs an adequate staff to provide suitable and usual
service, and which maintains under the same management and
control as the rest of the establishment and has, as an integral
part thereof, a dining room with appropriate facilities for seating
not less than 200 guests at one time, where the general public is,
on consideration of payment therefor, served meals at tables.
Subd. (9) Restaurant.
The term "restaurant" for purposes of the sale of intoxi-
cating liquors, means any establishment, other than hotel, under
the control of a single proprietor or manager, having appropriate
facilities to serve meals, for seating not less than 200 guests at
one time for meals, and where in consideration of payment therefor,
meals are regularly served at tables to the general public, and
which employs an adequate staff for the usual and suitable service
to its guests, and the principal part of the business of which is
the serving of foods.
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Subd. (10) Interest.
The term "interest" as used in this section includes any
interest, pecuniary or otherwise, in the ownership, operation,
management or profits of a retail liquor establishment, but does
not include bona fide loans; bona fide fixed sum rental agree-
ments; bona fide open accounts or other obligations held with
or without security arising out of the ordinary and regular course
of business of selling or leasing merchandise, fixtures or supplies
to such establishment. A person who receives monies from time
to time directly or indirectly from a licensee, in the absence of
a bona fide consideration therefor and excluding bona fide gifts
or donations, shall be deemed to have a pecuniary interest in
such retail license. In determining "bona fide" the reasonable
value of the goods or things received as consideration for any
payment by the licensee and all other facts reasonably tending
to prove or disprove the existence of any purposeful scheme or
arrangement to evade the prohibitions of this section shall be
considered.
Section 4 Section 10.02 of the City code, Establishment of Dispensary,
is amended by deleting the following:
"No liquor may be sold at retail elsewhere in the City or
by anyone not employed in the dispensary."
Section 5. Section 10.19 (2) is amended to read as follows:
"No beer shall be sold to any intoxicated person or to
any person under 18 years of age."
Section 6. Chapter 10 of the City Code is hereby amended by adding the
following:
10.40 INTOXICATING LIQUORS.
10.41 License Required.
Subd. (1)
No person, except wholesalers or manufacturers to the ex-
tent authorized under State License, shall directly or indirectly
deal in, sell, or keep for sale any intoxicating liquor as defined
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in Section 10.01 (1) without first having received a license to do
so as provided in this ordinance. Licenses shall be of two
kinds: "On Sale", and a "Special License for Sunday Liquor
Sales".
Subd. (2)
"On Sale" licenses shall be issued only to hotels and
restaurants.
Subd. (3)
"Special License for Sunday Liquor Sales" shall be issued
only to establishments to which "on sale" licences have been issued
or hereafter may be issued for the sale of intoxicating liquors,
which establishments are "hotels", "restaurants", or clubs as de-
fined in this chapter in conjunction with the serving of food.
10.42 Verifications of Applications.
Every application for a license to sell intoxicating liquor shall be
verified and filed with the City Clerk.
10.43 Contents of Application.
In addition to the information which may be required by the State
Control Commissioner's form, the application shall contain the following:
Subd. (1)
Whether the applicant is a natural person, corporation, partner-
ship or other form of organization.
Subd. (2)
Type of license applicant seeks.
Subd. (3)
If the applicant is a natural person, the following information:
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A. True name, including maiden name, if applicable, place
and date of birth, and street resident address of applicant.
B. Whether applicant has ever used or been known by a name
other than his true name and, if so, what was such name,
or names, and information concerning dates and places
where used, and the reasons for using alternate identification.
C. The name of the business if it is to be conducted under a
designation, name or style other than the full individual
name of the applicant; in such case a copy of the certifi-
cation, as required by Chapter 333, Minnesota Statutes,
certified by the Clerk of the District Court, shall be
attached to the application.
D. Whether applicant is married or single. If married, name,
including maiden name, if applicable, place of birth and
street residence address of applicant's present spouse. If
divorced, the name of his former spouse or spouses and her
(their) present resident address (es), if known.
E. Whether applicant and present spouse are registered
voters and if so, where.
F. Street addresses at which applicant and present spouse
have lived during the preceding ten years.
G. Kind, name and location of every business or occupation
applicant or present spouse have been engaged in during
the preceding ten years.
H. Names and addresses of applicant's and spouse's em-
ployers and partners, if any, for the preceding ten years.
I. Whether applicant or his spouse, or a parent, brother,
sister or child of either of them, has ever been arrested
or convicted of any crime other than minor traffic offenses.
If so, the applicant shall furnish information as to the
time, place and offense for which arrests or convictions
occurred, and the final disposition of the same of the Court
having proper jurisdiction.
J. Whether applicant or his spouse, or a parent, brother,
sister or child of either of them, has ever been engaged
as an employee or in operating a saloon, hotel, restaurant,
cafe, tavern or other business of a similar nature. If so,
applicant shall furnish information as to the time, place
and length of time.
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K. Whether applicant has ever been in military service.
If so, applicant shall, upon request, exhibit all discharges.
L. The name, address and business address of each person
who is engaged in Minnesota or elsewhere in the business
of selling, manufacturing or distributing intoxicating
liquor and who is nearer of kin to the applicant or his
spouse than second cousin, whether of the whole or half
blood, computed by the rules of civil law, or who is a
brother-in-law or sister-in-law of the applicant or his
spouse.
M. Whether or not the applicant has ever petitioned for or
been adjudicated a bankrupt.
N. The name of any banking institution in which the applicant
has maintained a checking account within the last five years.
Subd. (4)
If the applicant is a partnership, the names and addresses of
all partners, general or limited, and all information concerning each
partner as is required of a single applicant in Subd. (3) above. A
managing or general partner, or partners, shall be designated. The
interest of each partner in the business shall be disclosed. A true
copy of the partnership agreement shall be submitted with the appli-
cation and, if the partnership is required to file a certificate as to a
trade name under the provisions of Chapter 333, Minnesota Statutes,
a copy of such certificate certified by the Clerk of District Court
shall be attached to the application.
Subd. (5)
If the applicant is a corporation or other organization and is
applying for an "on sale" license, the following:
A. Name, and if incorporated, the state of incorporation.
B. A certified copy of Certificate of Incorporation, Articles
of Incorporation or Association Agreement and By-Laws
and ,' if a foreign corporation, a Certificate of Authority
as described in Chapter 303, Minnesota Statutes.
C. The name of the manager or proprietor or other agent in
charge of the premises to be licensed, giving all the
information about said person as is required of a single
applicant in Subd. (3) above.
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A list of all persons who, singly or together with their
spouse, or a parent, brother, sister or child or other
relative, own or control an interest in said corporation
or association in excess of 5% or who are officers of said
corporation or association, together with their addresses
and all information as is required of a single applicant
in Subd. (3) above. If such owners are parent corpora-
tions, the same information shall be required of the par-
ent as the applicant.
Subd. (6)
The exact legal description of the premises to be licensed to-
gether with a plot plan of the area showing dimensions, location of
buildings, street access, parking facilities and the locations and
distances of the nearest church building and school grounds.
Subd. (7)
The floor number and street number where the sale of intoxi-
cating liquors is to be conducted and the rooms where liquor is to
be sold or consumed. An applicant for an "on sale" license shall
submit a floor plan of the dining room, or dining rooms, which shall
be open to the public, shall show dimensions and shall indicate the
number of persons intended to be served in each of said rooms.
Subd. (8)
If a permit from the Federal Government is required by the
Laws of the United States, whether or not such permit has been
issued, and if so required, in what name issued and the nature
of the permit.
Subd. (9)
The amount of the investment that the applicant has in the
business, building, premises, fixtures, furniture, stock in trade,
etc., and proof of the source of such money.
Subd. (10)
The names and addresses of all persons to whom applicant
is indebted, other than debts arising out of the ordinary course
of business for a date 60 days prior to the date of the application;
the nature of such indebtedness, amount thereof, terms for payment
or other reimbursement. This shall include, but not be limited to,
any lessors, mortgagees, lendors, lien holders, trustees; the
persons who have co-signed notes or pledged security for any
indebtedness of the applicant.
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Subd. (11)
The names, residences and business addresses of three
persons, residents of Hennepin County, of good moral character,
not related to the applicant or financially interested in the premises
or business, who may be referred to as to the applicant's character
or, in the case where information is required of a manager, or
general partner, the manager's, or general partner's character.
Subd. (12)
Whether or not all real estate and personal property taxes
for the premises to be licensed which are due and payable have
been paid, and if not paid, the years and amounts which are unpaid.
Subd. (13)
Whenever the application for an "on sale" license to sell
intoxicating liquor, or for a transfer thereof, is for premises either
planned or under construction or undergoing substantial alteration,
the application shall be accompanied by a set of preliminary plans
showing the design of the proposed premises to be licensed. If
the plans or design are on file with the Director of Protective
Inspections, no plans need be filed with the City Clerk.
Subd. (14)
Such other information as the City Council shall require
to supplement any of the above.
Subd. (15)
An application for a "Special License for Sunday Liquor Sales"
may refer to, and incorporate therein by reference, the information
maintained in the licensees' application for an "on sale" license to
the extent that such information is current and applicable at the time
of such application for a "Special License on Sunday Liquor Sales".
10.44 Temporary Licenses.
10.45 Renewal Applications.
Applications for the renewal of an existing license shall be made
at least 60 days prior to the date of the expiration of the license and shall
be made in such abbreviated form as the City Council may approve. If,
in the judgment of the City Council, good and sufficient cause is shown
by an applicant for his failure to file for a renewal within the time pro-
vided, the City Council may, if the other provisions of this ordinance
are complied with, grant the application.
At the earliest practicable time after application is made for a re-
newal of an "on sale" license, and in any event prior to the time that the
application is approved by the City Council, the applicant shall file with
the City Clerk a statement made by a certified public accountant that
shows the total gross sales and the total food sales of the restaurant for
the twelve-month period immediately preceding the date for filing renewal
applications. A foreign corporation shall file a current Certificate of
Authority.
10.46 Execution of Application.
If the application is by a natural person, it shall be signed and
sworn to by such person; if by a corporation, by two officers thereof; if
by a partnership, by one of the partners, or in any case, its managing
partner; if by an unincorporated association, by the manager or managing
officer thereof. If the applicant is a partnership, the application, license
and bond (or insurance policy) shall be made and issued in the name of
all partners.
10.47 License Fee.
Subd. (1)
A. The annual license fee for "on sale" license shall be
$5,000.00.
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B. The annual license fee for a "Special License for Sunday
Liquor Sales" shall be $200.00.
Subd. (2)
The initial license fee shall be due and payable in full within
90 days of approval of the application by the City Council or
issuance of a certificate of occupancy, whichever is sooner, and on
each January 10 thereafter. All fees shall be paid into the general
fund, and shall not be refunded once a license is issued. No license
shall be issued until the fee is paid in full.
Subd. (3)
The fee for an "on sale" license granted after the commence-
ment of the license year shall be pro rated on a monthly basis.
A "Special License for Sunday Liquor Sales" shall be pro rated
on a quarterly basis. The pro rata determination shall in-
clude the month or quarter in which the application is approved
by the City Council.
Subd. (4)
When the license is for premises where the building is not
ready for occupancy, the time fixed for computation of the license
fee for the initial license period shall be ninety days after approval
of the license by the City Council or upon the date the certificate
of occupancy is issued, whichever is sooner.
Subd. (5)
No transfer of a license shall be permitted from place to place
or person to person without complying with the requirements of an
original application except as provided by Subd. 9 of this Section
and except where a new application is filed for a transfer of license
from place to place and is for premises where the building was not
ready for occupancy at the time of the original application and the
new application is filed within 90 days after approval of the original
license by the City Council but before a Certificate of Occupancy
for the original location has been issued, no additional license fee
is required and the investigating fee shall be a specified in Subd.
(8) of this Section.
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Subd. (6)
No part of the fee paid for any license shall be refunded.
Subd. (7)
At the time of each original application for a license, except
in the case of a "Special License for Sunday Liquor Sales", and
except as provided in Subd. (5) of this Section, the applicant
shall pay an initial investigation fee of $250 to cover the costs of
verifying whether or not such person is ineligible for a license as
provided in Section 10.49 (1-4) of this Code. No part of this fee
shall be refundable. Upon verification that such person is eligible,
within 21 days of the date of the application, the applicant shall
pay an additional $1,250 for the completion of the investigation
to determine whether or not a license shall be issued.
Subd. (8)
At any time that an additional investigation is required be-
cause of a change in the ownership or control of a corporation or
because of an enlargement, alteration, or extension of premises
previously licensed, or because of a transfer from place to place
which transfer comes within the exception expressed in Subd. (5)
of this Section, the licensee shall pay an additional investigating
fee in the amount of $1,000.00, which shall not be refundable
except to the extent that the City does not incur investigating
costs in a like amount, in which case the balance, as determined
by the City Manager, shall be refundable.
Subd. (9)
Where a new application is filed as a result of incorporation
by an existing licensee and the ownership control and interest
in the license are unchanged, no additional license fee will be
required, but the information required of a corporation shall be
filed at the time of incorporation.
10.48 Granting of Licenses.
Subd. (1)
In order to assist the City Council in investigating the facts
set out in the application and in order to determine the eligibility
for a license, pursuant to the provisions of this ordinance and of
the State law, the City Council shall appoint a Liquor Control
Commission as provided in 2.401 of the City Code.
Subd. (2)
Ail applications for a license shall be referred to the Director
of Police, and to such other City Departments as the City Manager
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shall deem necessary, for verification and investigation of the
facts set forth in the application. The Director of Police shall
cause to be made such investigation of the information requested
in Section 10.43, as shall be necessary and shall make a written
recommendation and report to the Liquor Control Commission
within 90 days, or to the City Council, as the case may be, which
shall include a list of all violations of Federal or State law or
Municipal ordinance. The Liquor Control Commission may order
and conduct such additional investigation as it shall deem neces-
.sary for an additional period of 60 days.
Upon receipt of the written report and recommendation by
the Director of Police and within 20 days thereafter, the Chairman
of the Liquor Control Commission shall instruct the City Clerk to
cause to be published in the official newspaper 10 days in advance,
a notice of a hearing to be held by the Liquor Control Commission,
setting forth the day, time and place when the hearing will be held,
the name of the applicant, the premises where the business is to be
conducted, the nature of the business and such other information
as the Liquor Control Commission may direct. This notice shall
also be posted in at least four conspicuous places throughout the
City at least seven days in advance of the hearing. The Liquor Con-
trol Commission shall within five days after the date of the hearing
formulate written recommendations approving or denying the appli-
cation and the reasons therefor, and submit the same to the City
Council for its consideration. The City Council shall also hold a
hearing, upon the giving of the same notice as described previously,
to consider the application and the recommendations of the Liquor
Control Commission and shall render a decision, by a majority
vote, denying or approving the application, giving the reasons
therefor. At either hearing, opportunity shall be given to any person
to be heard for or against the granting of the license. A license,
other than a renewal, shall not be approved before the next regular
meeting of the City Council following such hearing.
Subd. (3)
Not less than 10 days nor more than 15 days after the date
for submitting renewal applications, the City Council shall hold
a public hearing. Notice of the time and place of said meeting and
consideration and approval of renewal applications shall be pub-
lished in the official newspaper 10 days in advance of the hearing.
Opportunity shall be given to any person to be heard for or against
the granting of a renewal license.
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Subd. (4)
A. Each license shall be issued to the applicant only. Each
license shall be issued only for the premises described
in the application. With the approval of the City Council
and the State Liquor Control Commissioner, a licensee
may store excess stocks of intoxicating liquor in places
other than the licensed premises. The place of storage
shall be located within the City. The location and address
of the storage place, the length of time it is proposed to
store liquor in such place, the quantity of liquor stored
and removal from the storage place shall be reported in
writing to the City Clerk-Treasurer at least three days
prior to the initiation of storage.
B. No license may be transferred to another person or to
another place without complying with the requirements
of an original application including the approval of the
City Council and the Liquor Control Commission, as
required, except as provided by Section 10.47, Subd.
(5) and Subd. (9).
Subd. (5)
The City Clerk-Treasurer shall, within 10 days after the
issuance of any license under this ordinance, submit to the State
Liquor Control Commissioner the full name and address of each
person granted a license, the trade name, the effective license
date, and the date of expiration of the license. He shall also submit
to said Commissioner any change of address, transfer, cancellation
or revocation of any license by the Council during the license period.
Subd. (6)
Where a license is granted for premises where the building is
under construction or otherwise not ready for occupancy, the City
Clerk-Treasurer shall not issue the license until notified by the
Director of Protective Inspections that a certificate of occupancy
has been issued and the building is ready for occupancy.
10.49 Person Ineligible for License.
Subd. (1)
No license shall be granted to a person not eligible for the
same under State law, Minnesota Statute 340, or to any person,
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Subd. (2)
Who is directly or indirectly interested in any other establish-
ment in the City of New Hope to which an "on sale" license has been
issued under this ordinance. No person shall own an interest, as
defined in Section 10.01, Subd. (11) , in more than one establishment
or business for which an "on sale" license has been granted under
this ordinance; no "on sale" license shall be granted to any person
if such person or any person who owns an interest in the establishment
or business for which an "on sale" license application is being filed
owns an interest in a business or establishment licensed under this
ordinance.
Subd. (3)
Who, if a corporation, has a manager who is not eligible
pursuant to the provisions of this Section.
Subd. (4)
Who is the spouse of a person ineligible for a license pursuant
to the provisions of Subds. (4), (5), or (6) of this Section or who in
the judgment of the City Council is not the real party in interest or
beneficial owner of the business operated or to be operated under
the license.
Subd. (5)
An on sale license will not be renewed if:
A. In the case of an individual, the licensee is not a resident
of the metropolitan area as defined by Minnesota Statute
473.02, as amended, at the time of the date for renewal or
if the licensee has management responsibilities at more
than one retail liquor establishment in the City; or
B. In the case of a partnership, the managing or general
partners who, according to the partnership agreement,
are entitled to participate in the management and conduct
of the business are not residents of the metropolitan
area at the time of the date for renewal or if any such
partner has management responsibilities at more than
one retail liquor establishment with the City; or
C. In the case of a corporation, the person to whom the
corporation has committed the management, general
conduct, and control of the affairs of the establishment
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to be licensed is not a resident of the metropolitan area
at the time of the date for renewal or if such person has
such management responsibilities at more than one retail
liquor establishment.
The time for establishing residence within the metropolitan
area may for good cause be extended by the City Council.
10.411 Places Ineligible For License.
Subd. (1)
No license shall be granted, or renewed, for operation on
any premises, on which taxes, assessments or other financial claims
of the City or of the State are delinquent or unpaid. In the
event an action has been commenced pursuant to the provisions of
Chapter 278, Minnesota Statutes, questioning the amount or validity
of taxes, the Council may, on application by the licensee, waive
strict compliance with this provision. No waiver may be granted,
however, for taxes or any portion thereof, which remain unpaid
for a period exceeding one year after becoming due.
Subd. (2)
No "on sale" license shall be granted for premises located
within 1,000 feet of a public school or of any church. In the case
of a school, the distance is to be measured in a straight line from
the parcel or lot upon which the business to be licensed is located
to the nearest point of the parcel or lot upon which the school is
located. In the case of a church, the distance shall be measured
in the same manner as above set forth, except it is to be measured
to the nearest point of the church building. The erection of a
public school or church within the prohibited area after an original
application has been granted shall not, in and of itself, render such
premises ineligible for renewal of the license.
Subd. (3)
No license shall be issued for premises owned by a person
to whom a license may not be granted under this ordinance, except
any owner who is a minor, alien, or a person who has been convicted
of a crime other than a violation of Minnesota Statutes, Sections
340.07 through 340.40.
Subd. (4)
No license shall be granted for any place which has a common
entrance or exit between any two establishment except that a public
concourse or public lobby shall not be construed as a common
entrance or exit.
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10.412 Conditions of License.
Subd. (1)
Every license shall be granted subject to the conditions of the
following subdivisions and all other subdivisions of this ordinance,
and of any other applicable ordinance of the City or State law.
Subd. (2)
The license shall be posted in a conspicuous place in the
licensed establishment at all times.
Subd. (3)
Every licensee shall be responsible for the conduct of his
place of business, the acts of his employees and the conditions
of sobriety and order in the place of business and on the premises.
Subd. (4)
No "on sale" licensee shall sell intoxicating liquor "off sale".
Subd. (5)
No license shall be effective beyond the space described in
the license for which it was granted.
Subd. (6)
No intoxicating liquor shall be sold or furnished or delivered
to anyone who, by his physical appearance and mannerisms, appears
to be in a state of intoxication, to any habitual drunkard, to any
person under 18 years of age, or to any person to whom sale is
prohibited by State Law.
Subd. (7)
No person under 18 years of age shall be employed in a
room where on sales are made unless accompanied by his parent or
guardian or employed to perform duties of a busboy or dishwashing
services or when employed as a musician.
Subd. (8)
No licensee shall keep, possess, or operate or permit the
keeping, possession, or operation of any slot machine, dice, or any
gambling device or apparatus on the licensed premises, and he shall
not permit any gambling therein.
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Subd. (9)
No licensee shall knowingly permit the licensed premises
or any room in those premises or any adjoining building directly
or indirectly under his control to be used as a resort for prostitutes.
Subd. (10)
No pool or billiard tables or bowling alley shall be kept
or used in any "on sale" premises.
Subd. (11)
No equipment or fixture in any licensed place shall be owned
in whole or in part by any manufacturer or distiller of intoxicating
liquor except such as shah be expressly permitted by State law.
Subd. (12)
Any police officer, building inspector, or any properly
designated officer or employee of the City shall have unqualified
right to enter, inspect, and search the premises of the licensee
during business hours without a warrant for the purpose of detecting
violations of the provisions of this ordinance.
Subd. (13)
No licensee shall sell, offer for sale, or keep for sale, intoxi-
cating liquors in any original package which has been refilled or
partly refilled. No licensee shall directly or through any other
person delete or in any manner tamper with the contents of any
original package so as to change its composition or alcoholic content
while in the original package. Possession on the premises by the
licensee of any intoxicating liquor in the original package differing
in composition, alcoholic content, or type than the liquor received
from the manufacturer or wholesaler from whom it was purchased,
shall be prima facie evidence that the contents of the original package
have been diluted, changed or tampered with.
Subd. (14)
No "on sale" liquor establishment shall display liquor to
the public during hours when the sale of liquors is prohibited
by this ordinance.
Subd. (15)
No licensee shall apply for or possess a Federal Wholesale
Liquor Dealers special tax stamp or a Federal gambling stamp.
- 18-
Subd. (16)
No licensee shall keep ethyl alcohol or neutral spirits on any
licensed premises or permit their use on the premises as a beverage
or mixed with a beverage.
Subd. (17)
The business records of the licensee, including Federal and
State tax returns, shall be available for inspection by the City
Manager, or other duly authorized representative of the City or the
City Council at all reasonable times and upon reasonable notice
being given therefor.
Subd. (18)
Changes in the corporate or association officers, corporate
charter, articles of incorporation, by-laws or partnership agree-
ment, as the case may be, shall be submitted to the City Clerk
within 30 days after such changes are made. Notwithstanding the
definition of interest as given in Section 10.01, Subd. (11), in the
case of a corporation, the licensee shall notify the City Clerk when
a person not listed in the application acquires an interest which,
together with that of his spouse, parent, brother, sister or child,
exceeds 5%, and shall give all information about said person as is
required of a person pursuant to the provisions of Section 10.43
of this code.
Subd. (19)
At the time a licensee submits his application for renewal of
a license, he shall state the nature or amount of any contribution
he has made for compaign or political purposes, the person to whom
the contribution was made and the person or organization for whom
intended.
Subd. (20)
A restaurant shall be conducted in such a manner that a
principal part of the business for a license year is the serving of
foods. A hotel shall be conducted in such a manner that, of that
part of the total business attributable to or derived from the serving
of foods and intoxicating liquors, the principal part of the business
for a license year is the serving of foods.
- 19-
Subd. (21)
No "Special License for Sunday Liquor Sales" license shall
serve liquor on Sunday except in conjunction with the serving of
food.
Subd. (22)
At the time of application for renewal of application of an
on sale license, the applicant shall submit proof to the City that
not less than 40% of the gross sales of the establishment, for which
the on sale license is to be used, is in the serving of food.
10.413 Restricted Hours of Operation.
A. Definition. Restricted hours of operation as used herein
shall mean the times when no sales or serving of intoxicating
liquor shall be made in any intoxicating liquor establishment
in the City of New Hope.
B. Restricted hours of operation shall be as follows:
Restricted Hours for "On Sale"
Intoxicating Liquor Establishments
Monday No sales before 8:00 a.m.
Tuesday through Saturday No sales between 1:00 and 8:00 a.m.
Sunday No sales after 1:00 a.m., except establish-
ments having a "Special License for
Sunday Liquor Sales" shall be restricted
only between the hours of 1:00 a.m. and
12:00 noon.
Days of statewide No sales between 1:00 a.m. 8:00 p.m.
elections
New Years Day, Memorial No sales between 1:00 and 8:00 a.m.
Day, Independence Day,
Labor Day, Thanksgiving
Day and Christmas Day
- 20 -
10.414 Public Character of Licluor Sales.
No sale of intoxicating liquor shall be made to or in guest rooms of
hotels, unless the rules of such hotel provide for the service of meals in guest
rooms; nor unless the sale of such intoxicating liquor is made in the manner
"on sale" are required to be made; nor unless such sale accompanies and is
incident to the regular service of meals to guests therein; nor unless the rules
of such hotel and the description, location and number of such guest rooms
are fully set out in the application for a license.
10.415 Restrictions Involving Minors.
Subd. (1)
No licensee, his agent, or employee shall serve or dispense
upon the licensed premises any intoxicating liquor or non-intoxicating
malt liquors to any person under the age of 18 years; nor shall such
licensee, his agent, or employee permit any person under the age of
18 years to be furnished or consume any such liquors on the licensed
premises; nor shall such licensee, his agent, or employee permit any
person under the age of 18 years to be delivered any such liquors.
Subd. (2)
No person under 18 years of age shall misrepresent his age
for the purpose of obtaining intoxicating liquor or non-intoxicating
malt liquor nor shall he enter any premises licensed for the retail
sale of intoxicating liquor or non-intoxicating malt liquor for the
purpose of purchasing or having served or delivered to him for
consuming any such intoxicating liquor or beer nor shall any such
person purchase, attempt to purchase, consume, or have another
person purchase for him any intoxicating liquor or beer.
- 21-
Subd. (3)
No person under 18 years of age shall receive delivery of
intoxicating liquor.
Subd. (4)
No person shall induce a person under the age of 18 years to
purchase or procure or obtain intoxicating liquor or non-intoxicating
malt liquor.
Subd. (5)
Any person who may appear to the licensee, his employees
or agents to be under the age of 18 years shall, upon demand of
the licensee, his employee or agent, produce and permit to be
examined an indentification certificate issued by any clerk of the
District Court in the State of Minnesota pursuant to Sections 626.311
through 626.319, Minnesota Statutes, Laws 1973, Chapter 508.
Subd. (6)
In every prosecution for a violation of the provisions of this
ordinance relating to the sale or furnishing of intoxicating liquor or
non-intoxicating malt beverage to persons under the age of 18 years,
and in every proceeding before the City Council with respect thereto,
the fact that the minor involved has obtained and presented to the
licensee, his employee or agent, a verified identification card
issued by the Clerk of any District Court in the State of Minnesota,
from which it appears that said person was 18 years of age and was
regularly issued such identification card, shall be prima facie
evidence that the licensee, his agent or employee is not guilty of a
violation of such a provision and shall be conclusive evidence that
a violation, if one has occurred, was not wilful or intentional.
Subd. (7)
Any person who may appear to the licensee, his employee
or agent to be under 18 years of age and who does not have in his
possession any identification certificate as above described, may
sign and execute a statement in writing as follows:
- 22 -
READ CAREFULLY BEFORE SIGNING
The following are excerpts from the Laws of the State of Minnesota, Chapter
483, Laws of Minnesota for 1973; Section 340.731, Minnesota Statutes, Minors,
Forbidden Acts or Statements:
"It shall be unlawful for:
Any person to misrepresent or misstate his or her age, or the age
of any other person for the purpose of inducing any licensee, or
any employee of any licensee, or any employee of any municipal
liquor store, to sell, serve or deliver any alcoholic beverage to
a minor;
A minor to have in his possession any intoxicating liquor with
intent to consume same at a place other than the household of
his parent or guardian."
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR
PUNISHABLE BY A FINE OF $300.00 OR A 90-DAY WORKHOUSE
SENTENCE, OR BOTH, WHEN SUCH A VIOLATION HAS BEEN RE-
FERRED TO A PROSECUTING AUTHORITY PURSUANT TO MINNE-
SOTA STATUTE 260. 125.
My age is Date of Birth
Place of Birth
My address is
Dated: Type of Identification, if any
Witness
Signed
The above form shall be furnished at the expense of all licensees desiring
to use the same and when properly executed may be considered as evidence
in any prosecution and by the City Council in any proceeding before the
Council or a committee thereof relating to the business or operations of
the licensee. Such forms after execution shall be kept on file by the licensee
for a period of one year.
10.416 Bond.
Subd. (1) Bonds or Deposit Required.
At the time of filing an application for an "on sale"
liquor license, but excluding a "Special License for Sunday Sales",
the applicant shall file a bond with corporate surety, or in lieu
- 23-
thereof cash or United States government bonds shall be deposited
with the City Clerk-Treasurer. Such.bond, cash or government
bonds shall be in the amount of $5,000 for an "on sale" license.
The filing of the above described bond or cash for an
"on sale" license shall be deemed sufficient for the purpose
of the issuance of a "Special License for Sunday Liquor Sales",
provided such bond or the terms of such deposit are amended
to include the periods during which such licensee is operating
under a "Special License for Sunday Liquor Sales."
Subd. (2) Approval of Bond or Insurance.
The surety bonds or insurance policies required by Subd
(1) and Subd. (5) of this Section shall be subject to the approval
of the City Council.
Subd. (3) Procedure Where Cash or Government Bonds are used.
If the applicant uses cash for security, it shall be deposited
with the City Clerk-Treasurer. If United States government bonds
are permitted and are used as such security, an assignment or agree-
ment shall accompany them and they shall be filed with the City Clerk-
Treasurer. The licensee shall be permitted to clip and take all
interest bearing coupons thereto attached as they become due.
Subd. (4) Surety or Insurance Companies.
The surety on such bond, or the insurer on such liability
insurance policy, shall be a surety company or insurance company,
as the case may be, duly licensed to do business in the State of
Minnesota, and the bond and liability insurance policy shall be
approved as to form and execution by the City Attorney. Ail surety
bonds or liability insurance policies, when approved by the
proper City or State officers, shall be deposited with the City Clerk-
Treasurer.
Subd. (5) Amount and Terms of Insurance.
At the time of filing of the application, evidence of liability
insurance coverage in the amount of $100,000 for one person and
$300,000 coverage per occurrence, in addition to umbrella cover-
age in the amount of $1,000,000 shall be furnished, and shall
- 24-
specifically provide for the payment by the insurance company
on behalf of the insured of all sums which the insured shall become
obliged to pay by reason of liability imposed upon him by law for
injuries or damages to persons, other than employees, including
the liability imposed upon the insured by reason of Section 340.95,
Minnesota Statutes. Such liability insurance policy shall further
provide that no cancellation for any cause can be made either by
the insured or the insurance company without first giving 10 days'
notice to the City in writing of intention to cancel the same, addressed
to the City Clerk-Treasurer. Further, it shall provide that no
payment of any claim by the insurance company shall, in any
manner, decrease the coverage provided for in respect to any other
claim or claims brought against the insured or company thereafter.
Such policy shall be conditioned that the insurer shall pay, to the
extent of the principal amount of the policy, any damages for
death or injury caused by, or resulting from the violation of any
law relating to the business for which such license has been granted.
The licensee and the City shall be named as joint insured on the
liability insurance policy.
Subd. (6) Terms of Bond.
All such bonds shall be conditioned as follows:
A. The licensee will obey the law relating to the licensed
business.
B. That the licensee will pay to the City when due all
taxes, license fees, penalties and other charges provided
by laws.
C. That in the event of violation of any law relating to the
business for which the license has been granted for the
sale of liquor, the bond shall be forfeited to the City.
D. That the licensee will pay, to the extent of the principal
amount of such bond, any damages for death or injury
by, or resulting from, the violation of any law relating
to the business for which such license has been granted,
and that such recovery may be had also against the
surety on his bond.
Subd. (7) Benefit of Bond.
Such bonds shall be for the benefit of the City, as obligee,
and of all persons suffering damages under the conditions set
- 25-
forth in Subd. (6). The amount specified in any bond is declared
to be a penalty, and the amount recoverable shall be measured by
the actual damages. The surety shall not be liable in excess of
the penal amount of the bond. In case of forfeiture of any bond
for violation of the law, the District Court of Hennepin County
may forfeit the penal sum of such bond to the City.
Subd. (8) D~posit of U. S. Bonds.
If United States government bonds are deposited with the
City Clerk-Treasurer instead of a bond with a corporate surety,
such bonds shall be accompanied by a properly executed assign-
ment, in form approved by the City Attorney, assigning such
government bonds to the City, to be held subject to the conditions,
forfeiture and penalties provided by the laws of the State of
Minnesota and this ordinance. Such assignment shall also contain
a stipulation and agreement that such bonds shall remain with the
City Clerk-Treasurer, subject to the terms and conditions of such
assignment and such State laws, during the term of the license in
connection with which such government bonds may, with the
approval of the City Council, be returned by the City Clerk-
Treasurer to the licensee.
Subd. (9) Deposit of Cash.
In the event that applicant deposits cash in lieu of surety
bond, the deposit of such cash shall be accompanied by a written
agreement and assignment upon the part of the licensee, in form
approved by the City Attorney, wherein the licensee assigns
such deposit to the City, to be held by the City Clerk-Treasurer
subject to the conditions, forfeitures, and penalties required by
the laws of the State of Minnesota and this ordinance, for a period
of the license in connection with which such deposit is made, and
for three years thereafter, at which time such deposit may be re-
turned, with the approval of the City Council, by the City Clerk-
Treasurer to the licensee.
Subd. (10) Affidavit Required for Return of U. S. Bonds or Cash.
Upon application for return of United States government
bonds or cash as provided for in this section, the licensee shall
file with the City Clerk-Treasurer an affidavit stating that no action
or proceedings has been commenced in any Court for the forfeiture
of such bonds or deposit, or for damages to any person or persons
under the terms and conditions thereof, and that the licensee has
no knowledge of any existing claim or cause of action under the
terms and conditions of the assignment and agreement relating to
such government bonds or cash deposit.
- 26 -
10.317 Suspension and Revocation.
The City Council may suspend or revoke the license for the sale
of intoxicating liquor for any violation resulting in a conviction of any
provision of this ordinance or any State or Federal law regulating the sale
of any intoxicating liquor whether or not the underlying charge may be
subject to dismissal pursuant to Minnesota Statute 609. 135, and whether or
not said violation is appealed by the licensee. The revocation shall be
mandatory if the violation was wilful or intentional, or if the licensee shall
fail to keep in effect the bond or insurance policies required to be kept by
the terms of this ordinance.
Any revocation or suspension for a period longer than 30 days,
shall be preceded by a hearing, written notice of which shall be given
at least 10 days prior thereto, stating the time and place of the hearing and
the nature of the charges against the licensee. The Council may, without
notice, suspend the license of any person pending a hearing on revocation,
for a period not to exceed 30 days, where the violation, which is the subject
matter of the revocation, involved the sale of an intoxicating beverage to
a minor, a wilfully permitted use of any building or room under the control
of the licensee for prostitution, the presence of slot machines or other
gambling devices, where judgment has been entered against a licensee
for violation of Minnesota Statute 340.95, or where a license application
contained false and fraudulent information. The maximum time for sus-
pension of a license, in any case, shall be 60 days.
The City Manager shall have authority to suspend any license for
any of the above reasons until the next regular or special meeting of the
Council at which a suspension or revocation is to be considered, but in
no case, shall this authority exceed a period of 14 days.
10.418 Licensin~ of Employees.
Subd. (1)
No person shall work as a manager, bartender, cocktail
waitress, clerk, delivery man, or in any capacity where such
person sells, serves or delivers intoxicating liquor in or from
premises licensed under this ordinance, and no licensee shall
permit any such person to be so employed, unless such person,
within seven days after being first employed, shall apply for a
license to engage in such business. No person may be so em-
ployed for any length of time if his license is denied or revoked.
- 27-
Subd. (2)
An application for such license shall be filed with the City
Clerk-Treasurer upon forms provided by the City and such ap-
plication shall be verified under oath and shall contain the following
information:
A. The names and addresses of two residents of Hennepin
County, Minnesota, who have known the applicant for
a period of two years and who will vouch for the
sobriety, honesty, and general good character of the
applicant.
B. A concise history of the applicant's previous employment.
C. The record, if any, of arrests and of convictions for
crimes and misdemeanors other than petty misdemeanor
traffic offenses.
Subd. (3)
The annual license fee shall be $5.00 and shall be paid in
advance. Ail licenses shall expire on:June 30th. Applications for
renewal of an existing license shall be made at least 15 days prior
to the date of the expiration of the license on such forms as the
City Council may approve.
Subd. (4)
The application shall be referred to the Police Department
which shall investigate the facts set forth in the application and
make a written report thereon at the earliest practicable time. If
the Police Department recommends that such person be licensed,
the City Clerk-Treasurer shall issue the license forthwith. If the
Police Department makes a recommendation that the license not be
issued, the applicant, upon written request within 15 days of the
date of the recommendation, shall be entitled to a hearing before
the City Council and may offer evidence to prove the license should
be issued.
Subd. (5)
No person shall be issued a license if it appears that he has
committed an act which is a wilful violation of Minnesota Statutes
340.07 through 340.40, Minnesota Statutes 340.78 through 340.81,
and Minnesota Statute 340.95.
- 28 -
Subd. (6)
Any license issued hereunder may be revoked for any
violation and conviction of this ordinance or of Chapter 340 of
Minnesota Statutes or for conviction of any crime or misdemeanor
involving moral turpitude. The above shall be true regardless
of whether such conviction is subject to provisions of Minnesota
Statute 609. 135.
10. 419 Penalty.
Any person violating any provisions of this ordinance may be
guilty of a misdemeanor and upon conviction may be punished by a fine
of not more than Three Hundred Dollars ($300.00) or imprisonment for
not more than 90 days or both.
10.420 Enlargement, Alterations or Extension of Premises.
Proposed enlargement, alteration or extension of premises previously
licensed shall be reported to the City Clerk-Treasurer at or before the time
application is made for a Building Permit for any such change and the licensee
shall also give such information as is required by Section 10.43, Subds. (7),
(8), (10) and (11) of the City Code."
Section 7. The provisions of Minnesota Statute 340 relating to the matters
of retail sale, distribution and consumption of intoxicating liquors are also adopted
and made a part of this ordinance as if fully set out herein.
Section 8. This ordinance shall be effective from and after is passage and
publication.
Passed this ~_4~ day of/~/~,~,,-- , 1974.
~ Mayor
Betiy ~t, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this /~2~ day of ~D~c~,~ , 1974.)
- 29 -
-- ~'--'~69'ZSS; 'uoiL~ '6[/,~-S'~ 'P^II3 UAl~OOJg t[~ et least sev~
-uo~ AW 'lJe~-o~ ileWS -- ~NYM 'SeAa uedo '~em lie 'qJed
'6~6'~Z W~Vfl NY~g~S HIMON
'sOUeld ~uSijdn ez~s '~JI Jo} QlVd HSVO 'AepsJnq~ ~eu JeuulM · eq
~RDI NANCE NO. 7~29 sh~ll ~ ~ ~ kinds: "On Sale," anda Wheth~ or ~t all real
AN ORDINANCE ADDING SECTION "Sp~ial Licen~ ~r. Su~ay Liquor Personal property taxes and su~
2.310 AND AMENDING CH APTER 10 SaI~." premis~ to ~ lice~ ~ :Council for
OF THE CI~ODE PROVIDING SU~. (2) a~y~bleheve~npeid,,andif ~t ~e Ci~ ~uncil s
FOR ~LISHMENT OF A "On Sale" li~n~ shall be i~u~ ~id, theye~rs~damoun~which~re iv~
LIQUOR CONTROL COMMISSION ~ly to ~tels a~ restaurant, unpaid, d~s~ri
AND FOR THE LICENSING, Subd. (3) Subd. (13) ....
REGU~TION, SALE AND CON- "S~cial Lic~e for Su~ay ~r Wh~er the applicati~ for an "~
SUMPTION OF INTOXICATING Sales" shall be i~u~ only to ' ~te"' licen~ to, sell ;:i~toxi~8ti~g
LIQUOR, REPEALING IN- establishmen~ to ~ich "~ ~le" li~; or for a ~a~f~ t~;is
CONSISTENT ORDINANCES AND lice~ have ~n issu~ or her~fler p~mis~ eith~'/pla~: ~r ~?und~
PROVIDING PENALTY FOR my ~ issu~ f~ ~e sBle d in- c~s~u~ionor,un~goi~substantial
Ci~ of New Hope, MJn~ota men~ are "hot, s," "r~teuran~," or accompani~ by a set of preliminarY,
VIOLATION. toxicating liq~rs, which establish- alter~t~,,the a~lJ~ti~
plans ~owing t~ design ~ ~e A lice
The Ci~ Council of the City ~ N~ clubs as d~in~ in ~is chap~r in
Hope here~y ordains: c~junction wi~ the ~rvJng of f~. pro~ premises to be ~lice~:
S~ti~ 1. Cha~t~ 2 ~ the City Code, 10.42 Verifications of Applications. the plans or d~ign are on file wi~ the .r~l
Government and Governme~al Units, Ev~y ~li~ti~ for a lic~se to Diredor of Prot~tive In~tions; ~11~
is h~eby am~d~ by adding the sell intoxicating liquor shall be plansn~fil~wththeCi~Clerk.
following: v~ifi~ and fil~ with the Ci~ Clerk.
"2.310 LIQUOR CONTROL COM- 10.~Contents of Application.
MISSION. In additi~ to the in~r~ti~ ~Jch
2.311 EstaMishment and Purple. may ~ r~uir~ by the State Control
Thee is hereby ~tablish~ a Liquor Commi~ion~'s form, the applicati~ been ~e President of
C~I Commi~i~ as an adv~ory s~ll contain t~ roll,inN: An. a )lication for
~v to ~e Council for the purple ~ Su~. (1)
adi~ u~n applicatio~ ~r "on ~le" . Wheth~ the applicant is a natural ~licat~s ~all
liquor lic~ pursuant to S~tio~ ~sm, ~rati~, pa~ership or r~er~ce, t~
10.40 ~ the City Code, incl~ing r~iew o~er form ~ ~ganizati~. in the lic~s~' applicatj~ f~ an '~on I sheet form ~uival~t
sale" lic~se to t~ extent that such
~ t~ intonation provid~ in any Su~. (2) information.is ~rrentand~,ap~li~b!e at least once each
application for purpme ~ making Ty~ ~ lic~ applicant see~. to the community
written recommendations to the Su~. (3) at the time ~ such a~l!~tJ0n
entirely of patents,
C~il as to the granting or denial ~ If ~e ~pplicant is a natural p~, "Sp~Jal Lic~ on Sun6ay,. giq~r ility which it pur~rts
any applicati~, and p~vidin~ f~ ~ foll~ing i~ormation: ~le~"
heari~sf~any prop~ suspensi~ A. True name, including maiden 10.~ Tem~rarv Lieense~ least 75 percent ~ its
or r~o~ti~s of any license. The name, if applicable, place and date 10.4~ Renewal Applications. ~, , shall be lass matter in its
Commi~ion shall al~ have such other of bi,h, a~' strut r~ident a~ Applicati~ for' the r~al ~ an
duti~ as may ~ del~at~ to it by the dress of applicant, existing lic~e'~all be made at least ~lication. Win
C~ncih n~ry f~ ~e eff~tive B. Whether applicant has,er u~or ~ days pri~ ~ the date of ~e ex-
~orcement of C~ater 10. b~n kn~ by a ~me other than pirat~n of ,, establish~ and open
~.312 Membership .and Comp~ition. ~ ~ subscriptions and
- - his true name a~, if ~, what was made in such
The Commission shall c~sist of f. ive such name, or name, a~ in. City Council ; direction and control
mem~, to be ap~int~ by a f~mati~ ~nc~ning da~s an~ judgment~theCit a copy of each
~i~ity ~ t~ Council, ~o ~all plac~ereu~,andthereaso~ conditions
s~ve wither com~n~tion, f~ using alter~te i~tificati~, plicant f~ his failure has fil~ with
2.313 T~ms of Office. C. The ~me of the busings if it is ~ r~l within ~e time provJd~ ~e affidavit in the form
The t~ms of the members ~ ~e be co~u~ under a d~ignatiofl,- Ci~ C~flcil may,~ if':.the ',~ ~ ~. to b~ore a
Commissionshall ~ ~ years, exce~ name or style oth~ than' the full provisions of this :or~ina~ce
~at the initial term f~ ~ ~ the i~ividual name of the applicant; complied With, ~rant ~e applicafi~.
a~oint~s s~ll be for one year, ex- in such ~ a c~y ~ the cer- At~eearliest:pra~ti~bletimeaff~
piri~ on Decker 31, 1975. ~ter- tification, as r~uir~ by Chapt~ a~licati~ismade~rar~eWal~afl ................
minatJon ~ the memb~s receiving ~, Minn~ta Statute, ce~ifi~ "~ ~le" lic~e, a~
~e year t~ms shall be made by by the Clerk of the District CouP, ~iorto~elJme~att~a
placing ~e nam~ ~ ~e five ~ns - shall be a~ach~ to the ap. approved by ~e CJ~ ~u~cH, ~e .....................
r~eiving ap~intm~ as provi~ in plication, applicant shall file wi~.the Ci~ clerk
2.312 off separate pi~ ~ paper a~ D. Whe~er applicant is marri~ or a statem~t made by a'ce~ifi~ public
placi~ ~em in a ~x or other ap. single. If marri~, name, including acc~ntant that sh~ ~he total gr~ ~erein in
propriate c~tainer, a~ withdrawing maid~ name, if a~Hcable, pla~ ~les and ~e ~tal f~les ~ ~e
the~m~of~appoint~.Terms~ of bi~h and s~eet r~Jdence ad- restaurant for the twleve~month
office shall othe~ise expire dress of applicant's present
D~emb~ 31, ~ until a ~cc~ is s~. If di~rc~, the name ~ his
a~r~ by ~e C~Jl. f~m~ s~e or s~us~ and ~er
2.314Vacancies, and Removal of (their) present resident ad ......................
Members. d~(es~, if k~wn.
Su~. (1) Va~ncies. E. ~e~er a~li~nt and pr~t
Va~ncies shall ~ fill~ by the Ci~ s~u~ are r~ister~ vote~ and if ~rs~, t sba I ~ s gn~ a~ swo~ ~ printed copy of the
C~ncil ~r ~e un~pired term. ~, ~e~. by such ~r~; if by a ~orati~,
Su~. (2) Resignation or Removal of F. S~e~ address~ at which ap- ~ ~icers there;'
Members. plicant and pr~ent s~ have n~shJp, by ~e of the par~ers, or in kind of type used in
A memb~ ~ the Commission may liv~ duri~ the pr~ing t~ any ~se, its ma~ing pa~er;
r~i~ u~n wri~en n~ification to the an i~o~rat~ ,~0cJatJ0~, by~' the
Commission ~ his intent. The Com- G. Kind, name and I~ati~ ~ ev~
b~in~s or ~cupation applicant or manager or ma~ging ~flcer t~er~.
mission may, by vote ~ thr~-fi~hs ~ p~t spo~e have b~'~gag~ If the appli~nt iS a ~r~hip,'the
i~ ~m~, ~iti~ ~fle Council to application, lic~ a~
dismiss any mem~r, of the Com- in during the pr~i~ ten
missi~,ini~iu~m~t, theb~t H. Names and addresses of ap; suran~e ~licy) shall be made and
in~r~ ~ the Commissi~ are not plicant's and s~'s employ~ i~ in the name of all par~e~.
~ing ~. The memb~ subj~t ~ and ~r~, if any, for ~e 10.47. License Fee.
~id ~tition shall ~ve afl op~ni~ prec~ t~ y~rs. Su~. (1)
to a~ar ~ore the C~flcil prior to I. Whet~rapplicant ~ hJss~,or A. the a~ual lic~e f~ ~ "~
a parer, bro~, sist~ or child ~ sale" lic~e ~all ~ ~,~.~.
any dismissal or o~er a~ion by that eider ~ them. has ever b~n B. The annual IJc~ f~ ~ a
~Y' arr~ ~ convJct~ ~ any crime "~ecial License" for S~nday
2.315 Orgaflizat~fl. L~u~ Sales". ~all be ~.~.
The Commission will elect a o~er~an min~trafftc~fe~. If .
~, t~e-a~licant shall fu~n~ Sub. (2)
chairman and a vice-~airman at [~ i~rmation as to ~e time, place .The initial license f~ shall be due .....................
fi~t r~ular m~ti~. The ter~ ~ a~ ~se for which arres~ ~ and ~yable in full within
~ice s~ll ~ for ~e year. ~he appr~al of the application by the Ci~
chairman shall provide an agenda and c~victi~s ~curr~. and the final
pr~e ~er all ~etJngs. The vice. dis~itJ~thesame~ the Cou~ ~ncil ~ i~ua~e~ a c~tifi~te.~
~airman shall fuflcti~ as chairman having ~r iuri~icfion. ~cu~ncy, whi
iff t~ a~ce of the chairman a~ J. Whether appli~flt or his s~, ~each Januaryl0~eafter.
s~ll ~Horm such other duti~ as the or a ~r~T, oromer, ss~er or child shall ~ [
chai~an shall d~ignate from time to ~ eider of them, has ever b~n s~ll not b
tlme. TheCity~nag~s~lla~igna e~aged as an employ~ ~ in i~u~. No lice~e shall be
~rs~ ~ act as secretary and ~o operating a saloon, hotel, ~e f~ is paid in ~11.' :' ~ ' .... . .................
~ord ~e minut~ ~ any meeti~ or r~taurant, ~fe, tavern or other Subd. (3)
h~ring ~ the Commi~ion, give notice b~in~s ~ a similar nature. If ~, The f~ f
~ the ~etin~ or hearings ~ ~e applicant s~llfurnish information grant~
~m~ and ~orm ~e g~eral as to ~e time, place a~ I~g~ ~
cieri~l duties ~ the Commission. The time. m~ly ~s
Commission Shall, as s~n as ~ible, K. ~eth~ applicant has ever b~ in
f~mulate and approve by-la~ milita~ ~i~. If ~, applicant rat~
c~ering its m~tings, o~ani~tio~ s~ll, ~ r~u~t, exhibit all rata
and other matt~s nec~ry to p~ve d~c~rg~. ~n~ ~ 'qua~er
f~ ~rati~s and ~ncti~, subj~t L. The ~me, addr~ a~ busin~ plication is a~ by
to,C~ncil approval of the same. addr~s ~ each pemon w~ ~ C~il.
2.3t6 Meetings. e~ag~ in Min~ota or else~e Subd. (4)
The Commi~ion s~ll meet as ~ in the business of selling,
~ nec~ary at the discretion ~ manufacturing or distributing ~e~ t~
~ Commi~io~ ~t ~t le~ than thr~ intoxicating li~o~ and who is
t~ annually. The meetings shall n~r~kinto~eappli~ntorhis
take place in the City Hall~n a place s~use than
conducive t~, carrying out the whether ~ ~e
o~aniz~, iflt~l!ig~t o~ration ~ com~ut~
ORDINANCE NO. 74 -
AN ORDINANCE AMENDING SECTIONS 2.80
THROUGH 2.86, INCLUSIVE, OF THE CITY
CODE RELATING TO THE PARK AND
RECREATION COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.80 through 2.86, inclusive, of the City Code are
amended to read as follows:
2.80 PARK AND RECREATION COMMISSION
2.81 Establishment.
There is hereby established a Park and Recreation Commission
for the City of New Hope, which shall be an advisory body to the Council
and shall have the powers and duties as set forth hereafter or as the
Council may designate from time to time.
2.82 Membership.
Subd. (1) Number.
The Commission shall consist of 10 members who shall be ap-
pointed by the Council, with at least two members of each sex. The
Council shall make an effort to appoint members so that each major
park area in the City is represented on the Commission.
Subd. (2) Terms.
Each member shall serve a term of office for three years, or
until his successor is appointed and qualifies, except that in making
the initial appointments under this ordinance, the Council shall
designate three members to serve one year, four members to serve
two years and three members to serve three year terms. Unless
otherwise agreed by the Council and the appointees, as to who
shall receive one, two or three year terms, the same shall be
determined by lot, with the first three persons drawn to receive
one year terms, the second four persons to receive two year terms,
the remainder to receive three year terms. Any person who
receives a 2 or 3 year term and who does not desire to serve such
term may substitute his term for that of another person, if such
substitution is accomplished within 30 days of the day he receives
his original term.
2.83 Organization and Meetings
A) Adoption of Rules,
The Coaxnission shall adopt a set of rules to govern its
own meetings and procedures and other Comnission func-
tions. The rules may be amended from time to time, but
only upon notice to all members that the said proposed
amendments shall be acted upon at a specified meeting.
A majority vote of the Comnission shall be required for
the approval of the proposed amendment.
B) Officers ~
The Cxmmnission shall elect a chairman from among its
appointed members each January for a term of one year;
and the Ommtission may create and fill such other offices
as it may determine. The chairman shall prepare an agen-
da for each meeting and shall distribute it to the members
of the Conmission no less than two days in advance of the
meeting. The Park and Recreation director shall serve as
secretary for the Conmmission.
C) Meetings
i) Regular Meetings.
The Commission shall meet at its discretion but at
least quarterly. It shall adopt rules for the
transaction of business and shall keep a record of.
its resolutions, transactions, and findings, which
shall be a public record. Unless otherwise agreed
upon, such meetings shall be held at the City Hall.
ii) Special Meetings.
Special meetings may be called by the chairman~
or three members of the commission~ upon three
days notice to all members, stating the reason for
such meeting.
iii) Open Meetings.
Ail meetings of the Comnission shall be open to the
public. Minutes shall be kept for each meeting and
a copy of the minutes shall be filed with the City
Clerk as the official record of the activities of the
Conwnission.
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(2) To submit other reports or information to the Council
as requested or as the Commission deems appropriate
in light of the' matter under consideration.
(3) To be knowledgeable of desirable park and recreation
standards and evaluate the manner of the City's appli-
cation of these standards to its program.
(4) To develop and review plans for the organization and
development of park and recreation facilities.
(5) To develop and recommend to the Council rules and
regulations for the use by the general public of park
and recreation facilities and programs.
(6) To foster a working relationship between the City and
School District #281 for the joint use of facilities for
park and recreation programs.
(7) To foster compatible relationships with neighborhoods,
surrounding park areas and individual citizens relative
to park and recreation programs, and to provide hearings
for groups or individuals regarding park and recreational
policies and rules.
(8) To consider proper names and classification of park property.
(9) To provide one member who shall serve as a liaison member
with the Environmental Commission.
Section 2. This ordinance shall be in full force and effect from and after
its passage and publication.
Passed by the City Council of the City of New Hope this .~f"~ day of
/~/o ~ ~-~', 1974.
Betty P~uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ~'-~/ day of~.~_~,~ ~ ~,., 1974. )
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2.84 Vacancies and Removal of Members.
A) Vacancies.
A membership on the Commission shall become vacant upon
the occurrence of any of the following:
i) the death of a member;
ii) physical or mental disability;
iii) a change of residence outside of the City of New Hope;
iv) resignation in writing directed to the Commission
chairman;
v) failure to serve as evidenced by failUre to attend
three consecutive meetings without good cause being
given to the chairman prior thereto.
B) Removal From Office.
The Commission, by a 3/5's vote of its members may
petition to the Council to remove by a majority vote
any member when, in its discretion, the best interests
of the City would be served thereby, after first giving
the person so named an opportunity to be heard before
the Commission and the Council.
2.85 Compensation.
The Commission members shall serve without compensation,
but may be reimbursed for expenses authorized by the Council when
representing the City, subject to the approval of the City Finance
Director and Manager.
2.86 Powers and Duties.
The duties of the Commission shall be advisory to the City
Council and shall include the following:
(1) To submit an annual report not later than July 31 which shall
contain a summary of park and recreation activities for the
past year and suggestions for improvements or changes
in recreational programs offered, park facilities maintained
or capital improvements needed within the park and re-
creational system of the City.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF I~INNESOTA ~
COUNTY OF HENNi~,.piN ~ 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
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 ls 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 toast 500 copies regularly delivered to paying subscribers, has an average of et 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
CITIES 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 /~innesota prior to January 1, 1965 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 ~~~"'~'g"~'~ ~/'
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis,h~ed therein in
the'~nglish lar~guage, once each week, for.../:.'., successive weeks; that it was first so published on. ~'~../.~
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, N~innesota
Nty Commission Expires .............................. 19 ......
w
ORDINANCE NO. 74- ~ /
AN ORDINANCE AMENDING SECTIONS 2. 110
THROUGH 2.115, INCLUSIVE, OF THE CITY
CODE RELATING TO THE HUMAN RIGHTS
COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.110 through 2.115, inclusive, of the City Code,
are hereby amended to read as follows:
2.110 HUMAN SERVICE COMMISSION
2.111 Policy of City of New Hope.
It is hereby declared that it is the public police of the City
of New Hope to fulfill its responsibility as a partner of the State De-
partment of Human Rights in securing for all citizens equal opportunity
in housing, employment, public accommodations, public services and
education, and to work consistently to improve the human relations
climate of the City of New Hope.
2.112 Human Service Commission Established.
There is hereby established within the City of New Hope, a
Human Service Commission.
2. 113 Purpose.
The purpose of the Commission is to secure for all citizens
equal opportunity in employment, housing, public accommodations,
public services, and education and full participation in the affairs
of this community by assisting the State Department of Human Rights
in implementing the Minnesota State Act Against Discrimination and
by advising the City Council on long range programs to improve
human relations in the City of New Hope.
2.114 Membership and Terms.
The Commission shall consist of ten members to be appointed
by a majority vote of the Council to serve terms of two years beginning
January 1, 1975, except that the initial terms of five members shall
be for one year. The persons to receive one year terms shall be
determined by lot, unless otherwise agreed upon by the Council
and the appointees.
2.115 Meetings.
The Con~aission shall meet as is deemed necessary at the
discretion of the Co~r,~ssion, or at the request of the City Council,
but not less than once annually. The meetings shall take place in
the City Hall. The Commission meetings shall be open to the public.
Minutes shall be kept of each meeting and a copy of the minutes shall
be filed with the City Clerk as the official record of the activities
of the Con~T~ssion. Meetings shall be called by the chairman;~or at
least three members of the con~nission, upon three days notice to all
members.
2.116 Powers and Duties.
In fulfillment of its purpose, the Con~ission's duties and
responsibilities shall be to meet as needed to
(1) Adopt by-laws and rules for the conduct of its affairs
including the election, assumption of duties and defi-
nition of responsibilities of officers and committees.
(2) Enlist the cooperation of agencies, organizations and
individuals in the community in an active program
directed to create equal opportunity and eliminate dis-
crimination and inequalities.
(3) Formulate a human service program in response to con-
cerns developed from reviews of the community's needs
for the City of New Hope to give increased effective-
ness and direction to the w~rk of all individuals and
agencies addressing themselves to planning, policy
making and educational progran~Ling in the area of civil
and human~ rights and services.
(4) Advise the Mayor, the City Council and other agencies
of the government of h~man relations and civil rights
problems. Act in an advisory capacity with respect to
planning or operation of any city department on issues
of civil and human services and recommend the adoption
of such specific policies or actions as are needed to
provide for full equal opportunity in the con~nunity.
(5) Develop in cooperation with the State Department of
Human Rights such progr~as of formal and informal
education as will assist in the implementation of the
Minnesota State Act Against Discrimination and provide
for the Co~nission's assumption of leadership in
recognizing and resolving potential problem areas in
the coma~hnity.
-2-
2.117 Vacancies and Removal From Office.
A) Vacancies.
A membership on the Commission shall become vacant
upon the occurrence of any of the following:
i) the death of a member;
ii) physical or mental disability rendering him
incapable of service;
iii) a change of residence outside of the City of New Hope;
iv) resignation in writing directed to the Commission
chairman.
B) Removal From Office.
The Commission, by a 3/5's vote of its members may
petition to the Council to remove by a majority vote
any member when, in its discretion, the best interests
of the City would be served thereby, after first giving
the person so named an opportunity to be heard before
the Commission and the Council.
2. 118 Compensation.
The Commission members shall serve without compensation,
but may be reimbursed for expenses authorized by the Council when
representing the City, subject to the approval of the City Manager.
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
Passed by the City Council of the City of New Hope this ,~" day of
//~ ~ ~',~-~-~-'~ , 1974.
E~rd J. Erickson, Mayor
Attest: ~~,~~~L
B~~u~lio t, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the f~ day of ~)~¢~.~.~ ~ ,.~ , 1974. )
-3-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNF..PIN ~ 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
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
CITIES 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 swern to before e
notary public stating that the newspaper is a legal newspaper.
He further states onoath that the .......................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis, Jged therein in
the'Engli~guage, once each week, for../f., successive weeks~ that it was first so published o~
the. · ..~..~ ....day o~ .~'..~-C..... 19..~..~'.. and was thereafter printed and published on every ............... i .....
to and including the .......... day of ........................ 19 ...... end 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 a~d publication Of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and swo~'n to before
methis ~'~-~ dayof~~..AD, 19
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74 - 3 ~
AN ORDINANCE AMENDING SECTIONS 2. 210
THROUGH 2. 226, INCLUSIVE, OF THE CITY
CODE RELATING TO THE NEW HOPE YOUTH
COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.210 through 2.226, inclusive, of the City Code
are amended by deleting the same, and replacing them with the following:
2.210 NEW HOPE YOUTH COMMISSION
2.211 Short Title.
This ordinance shall be known and may be cited as the "New
Hope Youth Commission Ordinance."
2. 212 Establishment.
A New Hope Youth Commission is hereby established as an
advisory body to the Council, which Youth Commission shall have
the powers and duties set forth hereafter and as the Council may
designate from time to time.
2.213 Membership.
The New Hope Youth Commission shall be composed of 15
members to be appointed by a majority of the Council, and shall be
composed of persons from the segments of the citizens of New Hope
as follows:
(1) five adult members;
(2) five girls ages 14-18;
(3) five boys ages 14-18.
Each appointee shall serve a two-year term, except for seven members
of the first appointees who shall be appointed for terms expiring on
December 31, 1975. The other eight shall be appointed for terms ex-
piring on December 31, 1976 in order to provide for staggered terms.
Each member shall serve until his successor is duly appointed. Unless
otherwise agreed by the Council and the applicants, the persons to
receive one-year terms shall be determined by lot. The number of
persons to receive one-year terms shall be in proportion, as far as
possible, to the categories of membership provided for in this Section.
Vacancies shall be filled by the Council for the unexpired portion of
the term in the same as above, The above ratio of boys to girls shall
be directory only, and the Council may~ in its discretion~ appoint
members on the basis of qualifications and interest expressed, if
such ratio cannot be achieved.
2.215 Organization and Meetinqs
A) Adoption of Rules
The Commission shall adopt its own rules governing
its meetings, procedures and functions. The rules may
be amended from time to time~ upon notice being given
to all members of the proposed amendments to be acted
upon at a specified meeting. A majority vote of the
Commission shall be required to approve any proposed
amendments.
B) Meetinqs.
(1) Regular Meetin§s.
The Commission shall meet at least once a month
at the City Hall, unless otherwise agreed upon by
a majority vote of the Commission.
(2) Special Meetin§s.
Special meetings may be called by the chairperson,
or three members of the commission, upon three days
notice to all members. The notice shall state the
reason for such meeting at the time of giving notice.
(3) Open Meetin§s.
All meetings of the Commission shall be open to
the public, Minutes shall be kept of each meeting
and a copy of the minutes shall be filed with the
City Clerk as the official record of the activities
of the Commission.
C) Officers.
The Commission shall select a youth chairperson, adult
co-chairpersons and secretary from among its members
each January for terms of one year. The chairperson
shall prepare an agenda prior to each meeting and shall
communicate the same to all members no less than three
days prior to each meeting. The co-chairperson shall
serve as chairperson in the absence of the chairperson
and perform such other duties as may be del'egated by
the chairperson.
-2r¸
2.216 Vacancies and Removal From Office
A) Vacancies.
A membership on the Commission shall become vacant
upon the occurrence of any of the following:
i) the death of a member;
ii) physical or mental disability rendering him
incapable of service;
iii) a change of residence outside of the City of
New Hope;
iv) resignation in writing directed to the Commission
chairperson;
v) failure to serve as evidenced by failure to attend
three consecutive meetings without good cause
being given to the chairperson prior thereto.
B) Removal From Office.
The Commission by a 2/3 vote of its members
may petition to the Council to remove by a majority
vote any member when, in its discretion, the best
interests of the City would be served thereby, after
first giving the person so named an opportunity to
be heard before the Commission and Council.
2. 217 Compensation.
The Commission members shall serve without compensation,
but may be reimbursed for expenses authorized by the Council
when representing the City, subject to the approval of the
City Manager.
2.218 Powers and Duties.
The Commission shall have the following powers and duties:
(1) To confer with and advise the Council concerning the
activities of persons, within the ages of 12 and 18,
inclusive, in the City of New Hope.
-3-
(2) To act as a coordinating entity between the City Council
and other groups or individuals both within and without
the boundaries of New Hope as to planning and implementa-
tion of policies and programs pertaining to youth activities.
(3) To provide from youth one member who shall serve as
liaison member with the Environmental Commission.
(4) The Commission shall render annually a written report
of its work to the Council by the second Council Meeting
in January following the year involved.
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
Passed by the City Council of the City of New Hope this ,~,5' day of
/~/~ ~ ~ ,~ ~.,- . 1974.
~~ayor
'(~v~ fil'ot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ~'z2~ day of ~)~¢~,~,~,.~- , 1974)
-4-
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
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 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 and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES 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 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 newsp~aper.
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 publi?~ed therein in
the,English i?n~uage, once each week, for... ?.. successive weeks; that it was first so published on/~ .~,~.~..~/.'~-'-~
the....~....., day of ~ .~.?~.~.~. :'.., 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 and kind of type used in
the composition and publication Of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sw, grn to before
me ths...?.~...~..~~7-~j ........ day of~~--~...~..A.D., te~.~...~
(NOTARIAl- SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 74-
AN ORDINANCE AMENDING SECTIONS 2. 300
THROUGH 2. 308, INCLUSIVE, OF THE CITY
CODE RELATING TO THE NEW HOPE
ENVIRONMENTAL COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.300 through 2.308, inclusive, of the City Code
are amended to read as follows:
2.300 NEW HOPE ENVIRONMENTAL
COMMISSION
2. 301 Purpose.
(1) There exists an expression of interest among the citizens
of this community in regard to the quality of the environ-
ment, there being a deep concern for the safety, comfort,
and well-being of our citizens, as well as posterity.
(2) The problems of environmental control and the quality
of the environment affects everyone.
(3) Metropolitan growth has historically been coupled with
deterioration of ecological systems.
(4) It is the duty of government to safeguard our ecological
systems and to assure all a safe healthful environment
for work and leisure.
2.302 Established and Scope.
Subd. (1) Environmental Commission Established.
The City Council hereby establishes the New Hope
Environmental Commission. This Commission shall function
in an advisory role to the City Council and other Commissions
on matters of the environment; as a resource group to the
community, and as an informational and educational coordinator
to the City.
Subd. (2) Scope.
The City Council may refer to the Environmental Com-
mission problems including the following: air, water,
watershed, community environmental aesthetics, noise and
other pollution, land use, and solid waste disposal for study
and recommendation.
2.303 Membership and Terms.
The Commission shall be composed of eight members to be
appointed by a majority vote the Council, who are residents of the
City of New Hope - two of which may be under 18 years of age, and
four representatives, one each from the membership of the Park and
Recreation Commission, Planning Commission, Economics Develop-
ment Commission and Youth Commission. The members over 18 years
of age will serve two-year terms. To allow a greater number of
younger people to participate, the appointees under 18 years of age
will serve one-year terms, to expire the day after the first Council
meeting of each year or until their successors are duly appointed
and qualified. The Commissions' representatives shall be appointed
in January of each year for one-year terms. Each of the 12 members
of the Commission shall have one vote. Vacancies shall be filled by
the Council for the unexpired portion of the term in the same manner.
2. 304 Organization and Meetings.
A) Adoption of Rules.
The Commission shall adopt its own rules governing
its meetings, procedures and functions. The rules may
be amended from time to time, upon notice being given
to all members of the proposed amendments, to be acted
upon at a specified meeting. A majority vote of the
Commission shall be required to approve any proposed
amendments.
B) Meetings.
(1) Regular Meetings
The Commission shall meet as is deemed necessary
at the discretion of the Commission, but not less
than four times annually. The meetings shall take
place in the City Hall in a place conducive to carrying
out the organized, intelligent operation of the Com-
mission.
-2-
(2) Special Meetings.
Special meetings may be called by the chairman,
or three members of the commission, upon three
days notice to all members. The notice shall
state the reason for such meeting at the time of
giving notice.
(3) Open Meetings.
A I meetings of the Commission shall be open to
the public. Minutes shall be kept of each meeting
and shall be filed with the City Clerk as the offi-
cial record of t~e activities of the Commission.
C) Officers.
The Commission shall select a chairman, co-chairman
and secretary from among its members each January
for terms of one year. The chairman shall prepare an
agenda prior to each meeting and distribute the same
to all members no less than three days prior to each
meeting. The co-chairman shall serve as chairman in
his absence, and perform such other duties as may be
delegated to him by the chairman.
2.305 Vacancies and Removal of Members.
A) ~acancies.
A membership on the Commission shall become vacant
upon the occurrence of any of the following:
i) the death of a member;
ii) physical or mental disability rendering him
incapable of service;
iii) a change of residence outside of the City of New Hope;
iv) resignation in writing directed to the Commission
chairman. '
B) Removal from Office.
The Commission,. by a 3/5's vote of its members may
petition to the Council to remove by a majority vote
any member when,in its discreti, on, the best interests
of the City would be served thereby~ after first giving
the person so named an opportunity to be heard before
the Commission and the Council.
2.306 Task Groups.
Community task groups that form to study problems of the
environment may approach the Commission or be referred to the
Commission by the City Council. One or more members of the Com-
mission may serve on the task group to act as a communication link
between the task group and the Environmental Commission.
2. 307 Compensation.
The Commission members shall serve without compensation,
but may be reimbursed for expenses authorized by the Council when
representing the City, subject to the approval of the City Manager.
2. 308 Annual Report.
The Commission shall prepare an annual written report to
be presented to the Council at the second Council meeting in January
following the year involved.
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
Passed by the City Council of the City of New Hope this ,.~" day of
./~ v ~, ~,~ ~-~- , 1974.
u liZot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this ~,r_~ day of ~-~'c~,J~,~ , 1974.)
-4-
ORDINANCE NO. 74-32
AN ORDINANCE AIVI~ N DI N~
SECTIONS 2.30~ THROUGH 2.30~,
INCLUSIVE, OF THE CITY CODE
RELATING 1~ THE NEW HOPE
E NV1RONMEI~TAL COMMISSION.
The ( ~ of New
HOp~
~ through
-~ City Code are NEW HOPE-PLYMOUTH POST
2.300 '~NE EN-
VIR,
2.30t Put AFFIDAVIT oF PUBLICATION
(1) There e
com~mu, nity in.regard t~.,~he qb~lli~
of the.envir0timent, t~ being a
deep concern for t~.: safety,
cOmfort, ancl~ well-betng Of' our STATE OF MINNESOTA
citizens, as well as posterity. SS.
(2)The 0rOblems of environmental COUNTY OF HENNEPIN
*centrol and the quality of the eh-
vironment affects .everyone.
(3) Metropolitan growth has
historically been coupled with
deterioration* of ec~togi~:al
i systqr~. E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
(4) It i%~.t~e duty of government to The Post Publishing Co., publisher and printer of the newspaper known as
sa~,rd our ecological systems
and'~J~ssure all a safe healthful NEW HOPE-PLYMOUTH POST
env~ment for work and leisure.
2.302 E~s~lished alii Scope.'*' ' ~,. and has full knowledge of the facts herein stated as follows:
~ Subd.' ~1) Envirbnmenta ~om- (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
~ missiop Established.
i The City Council hereby.estab#$bes week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
~ the New :HtOOe En~ro~mentar Com. which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
mission~.~/This Cut, mission ~s~hall plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
t function,i~ an advis~:y r:01e to tl~e~ity to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
Council ~=~a~,'d~'.other ~ogn~issiorv$ on total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
I matters bt' tl~e en~ji~bn~ent; ~ a local post-office. (5) Said newspaper purports to serve the
reSOurce:group to th~ coh~unit~.~and
(t as an intofmational and ~,ducati0~al CITIES OF NEW HOPE AND PLYMOUTH
coordinator to the City. ' ~ ~' in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
SubcL '(2) Scope. during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
The City Council may refer to' the maintained by the managing officer of said newspaper or persons.in its employ and subject to his direction and control
~ Environmental commissidh pr0b~ms' during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
including the tollewing: air, W~ter,: issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
~r watershed,.community environmental for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
~ aesthetics, ftoise and other pollution/ the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
~ land use, and solid waste disposof~for: prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
study and-re~ommenidatio~..~ notary public stating that the newspaper is a legal newspaper.
2.303 Memt~rship ami. Terms.. ,~
The Com~l'ssion'shalI be~co~ect ~ .~.~..~ ~
of eight members to be aPPo nted'~y a He further states on oath that the printed - g-/~'~
majority vote the Council, wh~.~are ....................................... ' ...................................
residents of.the City of New Hope
two of which,may be u~der 18 years of
aage, and fOUr representat'ives~one ......................................................................................................................
each from the membersh p of tbePark
and Recre.ation Commission, P{ar~ning hereto attached as a part hereof was cut from the columns of said newspaper, end was printed and publis ed therein in
* ' Commissio~/Ec0nom~cs DeveloPment /'/'~ ...~. /publis~..~ /~/~
Commission and-Youth Commi~s on ,
The member~ over 18 years of a~lie;will the'English ~.l~guage, once each week, for.../.., successive weeks; that it was first so published on .
serve two,year terms: To allow a .
greater number of Younger pa°Pie to .~.~. d~a .L~../~.~..~..~....~.~.../.~...~...~..
participate, the appointees uridor 18 the...~..~, y of 19 and was thereafter printed and published on every
years of age will serveone-yeaE ter~ns, '
~to expire the day after the first Council
meeting of each year or until their to and including the .......... day of ........ 19 .... and that the following is a printed copy of the
successors are duly appointed and ..................
; qualified. The Commiss OhS' repre-
sentatives shall be apPOinted in Jan- lower case alphabet from A to Z, beth inclusive, and is hereby acknowledged as being the size and kind of type used in
for ~ r terms.
Each of the
mission Vacan- the composition and publication of said notice, to wit:
the in
abcdefghijklmnopqrstuvwxyz--SV; pt. Sans
~- own rules governing its meetings,
' pr°cedure~ and functi°nsr' The ' ~~/ ~ ~.._,~...~
rules may be amended from ti0~e ,~ ~
· to time,,upen notice being given'to ~
~f all rftembers of the proposed' ~
amendtnents, to be acted upb~ a~ a
~ specified meeting. A majority vote
ef the ~Commission shall ;be .........................................................
'~ requir~ .~o approv~e 'any prOposed
~ amend~n~fs.
Subscribed and swor~ to before
(1) Regular Meetings /.~ ~
The Commission shall meet as is me is .............. day oi~...~!.T.~...s~..'P.~...A.D., 19..~.:.
deemed necessary at the discretion
of the Commission, but not less
than four times annually. The ................
~ meetings shall take place in the ............. ' ..........................
City Hall in a place conducive to
carrying out the organized, in- (NOTARIAL SEAL)
telligent operation of the Com-
mission. -
[2) Special Meetings. Notary Public, .............................. County, Minnesota
Special meetings may be called by
· ~the chairman, or three members of
the commission, upon three days My Commission Expires .............................. 19..
notice to all members. The notice ....
-· shall state the reason for such
meeting at the time of giving
notice·
(3) Open meetings.
All meetings of the Commission
shall be open to'the public. Minutes
shall be kept of each meeting and
shall be filed with the City Clerk as
the official record of the activities
of the Commission.
(C) (Mficers.
The Commission shall select a ·
ORDINANCE NO. 74 --~/~.
AN ORDINANCE AMENDING SECTION 2.90
OF THE CITY CODE
INDUSTRIAL COMMISSION
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.91, 2.92 and 2.93 shall be amended to read
as follows:
2.91 Short Title.
This ordinance shah be known and may be cited as the
New Hope Economic Development Commission.
2.92 Definitions.
The following words and their derivations when used in
Sections 2.90 through 2.107 have the meanings as set out herein:
Commission means the Economic Development Commission of
the City as created by this Ordinance.
Chairman means the Chairman of the Economic Development
Commission as provided for hereunder.
Secretary means the Secretary of the Economic Development
Commission as provided for hereunder.
Planning
Commission means the City Planning Commission of the
of the City of New Hope.
2.93 Establishment.
An Economic Development Commission is hereby established
to be advisory to the Council and the Planning Commission, and shall
have the powers and duties hereinafter set forth.
Section 2. Section 2.102 (3) Open Meetings shall be amended to
read as follows:
(3) Open Meetings.
All meetings of the Commission shall be open to
the public. Minutes shall be kept of all meetings
and a copy filed with the City Clerk, and shall be
the official record of the activities of the Commission.
Section 3. Section 2.104 Powers and Duties shall be amended by
adding the following:
(12) To provide one member to serve as a laison member
with the Environmental Commission.
Passed by the City Council of the City of New Hope this ..zo-~ day of
,//~ ~, ~,~,~ , 1974.
Attest: ~'~
p~ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this ~"~ day of Z~r_e"~,~ , 1974. )
-2-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF lV~INNESOTA ~
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
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
CITIES 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 end sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ end subiect to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files e 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 hes 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.
Hefurtherstatesonoaththattheprinted ..~~~.-~....~ ,..~.~.. ~. ?./.~. ~.~...~.. .................... .
hereto attached as e part hereof was cut from the columns of said newspaper, and wes printed and published therein in
the'EngliS~'~guage, o?ceeach week, for.../. ~ .successiveweeks; that it was first so published o~..~../.~'~..~-~.~~/~/-~ ~---~..~,
the..~.~.. .... day o ...f~.....L~..~. 19.~ .~/.. and was thereafter printed and published on every ............... ' ......
to and including the .......... day of ........................ 19 ...... and that the following is e 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
Subscribed and s~zorn to before ·
methis-..~~.~ .......... day ~~.?/ .D., 19..?..-.~
(NOTARIAL SEA!_)
Notary Public ............................... County, N~innesota
Nty Commission Expires .............................. 19 ......
ORDINANCE NO. 74-3 5
AN ORDINANCE AMENDING SECTION 4.78,
SUBD. (3) OF THE CITY CODE RELATING TO
MAINTENANCE OF PARKING AREAS FOR
APARTMENTS WITH THREE OR MORE UNITS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.78 (3) of the City Code, Parking, shall be amended
to read as follows:
Subd. (3) Parking.
Regardless of the provisions of 4.68 (1), off-street
parking areas shall be paved with an asphaltic or concrete
surfacing, including driveways, afford adequate drainage,
and shall have continuous interior concrete curbs defining
the perimeter. Parking areas shall be used for automobile
parking only with no sales, dead storage, body repair work,
including frame or fender repair, or mechanical repairs of
any kind, except that this shall not apply to maintenance
work of a customary or routine nature necessary for the
efficient operation of a vehicle, provided that it does not
result in oil spillage, lit[er or other damage to the parking
area surface, and provided that such maintenance work is
completed within 48 hours.
Section 2'. This ordinance shall be in full force and effect from and'
after its passage and publication..
Passed.by the City Council of the City of New Hope this 9th day of
December , 1974.
ayor
Attest:
B e~o£, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ]9 day of Dec. , 1974.)
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
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(]) 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
CITIES 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, ]966 and each January ] 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'English I.a~guage, once each week, for. ~./... successive weeks; that it was first so published on
the./...'...., day of ~:..~. 7..~... 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 es being the size end kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me th is...~...~.....~.~,~., day of~?.'~.~. D., 1~..~....~
Notary Public ............................... County, Minnesota
Nty Commission Expires .............................. 19 ......
ORDINANCE NO. 74-36
AN ORDINANCE AMENDING SECTIONS
5.52, 5. 169 and 5.173 OF THE CITY
CODE RELATING TO SEWER AND WATER
RATES AND PENALTY FOR LATE PAYMENT
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 5.52, Subd. (2), Meter Flow Charges, is amended
to read as follows:
Subd. (1) Meter Flow Charges.
For all premises where the sewer rate is based upon the
metered use of water, the rates shall include minimum charge
provided in Subd. (1) of $2.00 per quarter, plus forty-five
cents ($.45) for each 1,000 gallons of water consumption over
and above the initial 1,000 gallons of sewerage included in the
minimum charge in Subd. (1). For single family residences
only, the charges for the initial quarter and final quarter of
each year shall be on the basis of actual gallons of water con-
sumed, and charges for the second and third quarters of each
year shall be determined by averaging the charges for the
preceding two quarterly periods.
The quarterly periods shall be as uniform as feasible
throughout the City.
Section 2. Section 5.169, Water Rates, Subds. (1), (2) and (3) are
amended by repealing Subds. (2) and (3) thereof, and leaving said Subds.
(2) and (3) blank, and amending Subd. (1) to read as follows:
Subd. (1) Single Family, Multiple Dwelling, and Schools.
For single family, multiple dwelling (more than one house-
keeping unit) and schools, the minimum quarterly charge will
be $2.00 for each meter plus forty cents ($. 40) for each 1,000
gallons of consumption over and above the initial 1,000 gallons
recorded on said meter for the quarter.
Subd. (2) Blank.
Subd. (3) Blank.
Section 3. Section 5. 173, PaYment, is amended to read as follows-
5. 173 Payment.
All bills shall be due and payable when rendered. If pay-
ment is not made on or before the last City working day of each
month next succeeding the mailing of the bill, a penalty of 5% or $.50,
whichever is greater, shall be added to the bill. The actual month
of beginning shall be considered as having begun on the first or
fifteenth of the month, whichever is closer. Water bills shall be
considered to be in default on the first day of the month next
succeeding the date the above penalty attaches.
Section 4. This ordinance shall be effective from the after its passage
and publication.
Passed by the City Council of the City of New Hope this 23rd day of
December , 197 4.
d~/~-J. Erickson, Mayor
Attest: ~~
~ett~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 2nd day of January ,
197 4 .)
ORDINANCE NO,
· N O~OINANCE AMENmN~
SE~NS s.s2, 5.~,9 ~nd 5.173 O~
TH~' iCITY ~CODE RELATING
TO
SEWe, Am) WATER .ATES
PENALTY;*~)R LATE PAYMENT.
,;ity of I~ew Hope, Minnesota
;nell of tho City of New
Subd, (2),
is amended to : NEW HOPE-PLYMOUTH POST
read
ewer AFF:I AVIT O[ PUBLIGA'FION
include
for each 1,000'
E. C. I~'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
for t~ ~ The Post Publlshing Co., publisher and printer of the newspaper known as
: NEW HOPE-PLYMOUTH POST
,hall be as
.- throughout the ~ 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 sheaf form equivalent
5.169,. Water ~ in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
and (3) [ week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
(2] and 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 en 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
CITIES 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
of 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
recorded on said ~ the Secretary of State of Minnesota prior to January 1, 19~ and each January 1 thereafter an affidavit in the form
l prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
'~''~lank'Blank*. . notary public stating that the newspaper is a legal newspaper.
, ion Pa,me.,,' S
He further states on oath that the printed ..... ' ............................................
S. ~ment.
All bills Shall be due ~nd payable~
wflon rendered. If Payment ;is. not;~ ......................................................................................................................
e mLi~e on br before the )ast'City~
w~-king day of each~month i~ext~~
~u~cceeding the mailing of the bBI;
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~ therein in
penalty of 5 per cent or $.S0,
whichever is greater, shall be added~
td= the ~ bill. The aCtual month o1~ the'English language, once each week, for..~.., successive weeks; that it was first so published on.
· , beginning shall be gonsidered a..q~ ~//.)_ ~.,r"
having begun on the fi~st or fifteentt~
:or'the month, whichever is closer~ the..~.. ..... day~~..~.~.~..~. .197.."'~..andwasthereafter printed and published on every .....................
~eter bills shall be.!c0!nsidered to be~
~ ~ in, default on the fi~t day of th~[
· m~Snth next succeedlr~ the date the~ to and including the .......... 'day of ........................ 19 ...... and that the following is a printed copy of the
L ~'al~3ve Penatty attaches.'
~' si~,.i0rl 4.. This ordihance shall .be.~~
!' effe~iYe ~bm the after its passag ~e~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
ah~:p~.bl'icah~on. *
· I~a~ by the (~ity Council of the;
City;~of New Hope. this 23rd day of~' the composition and publication of said notice, to wit:
~ecembor, 197'4.
abcdefghJjklmnopqrstuvwxyz 5V2 pt. Sans
(Published in The New Hope~ ~ ~~.
Plymoufh Post 'this 2nd day
J~nuary, 1975.)
Subscribed and sworn to before
me this ~'~ ~ day Of~/~'~]'~/~/f~-/ D 19 ~'~ '
(NOTARIAL SEAL)
Notary Public ............................... County, NUnnesota
/V~y Commission Expires .............................. ¥~ ......