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1967 ORDORDINANCE NO. 67=1 CHAPTER 21C AN ORDINANCE FURTHER AMENDING ORDINANCE 57-17, CHAPTER 21, ENTITLED "AN ORDINANCE ESTABLISHING RULES, RATES AND CHARGES FOR SANITARY SEWER SER- VICE IN THE VILLAGE OF NEW HOPE, HENNEPIN COUNTY,, MINNESOTA." The Village Council of the Village of New Hope ordains: section 1. Amendment. Ordinance 60-21, Chapter 2lB, entitled "An Ordinance Amending Chapter 21, Ordinance No. 57-17, Entitled An Ordinance Establishing Rules, Rates And Charges For Sanitary Sewer Service In The Village of New Hope, Hennepin County, Minnesota", as passed on the 18th day of October, 1960, is hereby amended to read as follows: Minimum Charges. The minimum quarterly charge, whether use of water is metered or not, shall be as follows: For each business, plant, institution or similar unit ............... $6.00 For each grade school ...... 6.25 For each junior high school or high school .......... 15.00 For each residence, resident unit, or other unit ....... 3.00 Section ..2. Effective Date. This ordinance shall take effect and be in full force from and after its passage and publication, and the rates prescribed herein shall be effec- tive as of January 1, 1967. Passed by the Village Council this ~__~day of January,1967. Attest: ~~- C~e~f-Treasure~: ' Mayor THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION -,, STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being ~uly sworn, on oath says he is an~ during all the times herein stated has been the l~resident of The Post P~zbtishing Co., publisher and printer of the ncvcspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said news`paper is printed in the English language irt newlspaper format and in cohtmn and sheet form equivalent in printed space to at least 900 square inches. (2) .Said new~paper is a weekly and is distributed at .least once each week. (3) Said newspaper has 50% of its news co]~t~mns devoted to news of loc~1 interest to the community which it pur`ports to serve and does not wl~lly duplicate any other publication an~ is not made up entirely of patents, plate matter and~ advertisements. (4) Sa/d newspaper i.s ,circulated in and near the municipality which it parperts to serve, has at least 500 copies reguLarlY c~el/vered to ,paying subsc.r}ber, s, ~as an av?a. ge of.at least ?5? ~of post-office. (5) Said newspaper ,purports to serve the Village~ of New Hope and Plymouth in the County of Hennepln and it has its k~ow~ office of issue in the City o£ Ci~ystat in said county, estab- llshed and open dn~/ng its regular business hour~ ~for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newSpaper or ,persons in its employ andl subject to his directlon and control during all such regular kours and at which time said, new~paper is ,printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) S~i~ newspaper has complied with ail the foregoing conditions for at least two years ~precedlng the day or dates of probit.cation 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 etatlng that the newspa`per is a legal newspaper. .... hereto attached as a part hereof was cut from the columns of said new&paper, and was printed and published therein in the English language, once each week, for../.,..suecesslve weeks; that it was 19.~..7 and was thereafter printed and publ/shed on every .......................... to and including the.~ ........ day o£ ............................ 1~ .... and that the following is a printed copy of the lower case al,phabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the compodt/on and publication of said notice, to wit: abcde£ghljklmnopqrstuvwxyz--6 pt. Newstext a~cdefghijklmnopqrstuvwxyz--7¥2 pt. Excelsior abcdei~hijklmnol~rSiuvwxlrz~?¥= Memphis Bold Subscribed and sworn to ,before RALPH J- BENNETHtJM (NOTA~tA~- SEAL) Notary Public, Hennepln County, Minn My Cornmis.~io~ Expires Mar. 27, 1967 Notary Public~ ........................ County~ Minnesota My Commission Expires ..................... ; .... 19 ...... ORDINANCE NO. 67- 2 cHApT~.R 48B AN ORDINANCE FURTHER AMENDING CHAPTER 48, ORDINANCE NO. 64-5 ENTITLED: "AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE VILLAGE OF NEW HOPE." TheVfLlage Council of the Village of New Hope ordains: Section 1. Ordinance No. 64-5 Chapter 48, entitled: "An Ordinance Relating to the Control and Prevention of Dutch Elm Disease Within the Village of New Hope", passed by the Council on the 9th day of June, 1964, is hereby amended as follows: Section 2. Subdivision 1 of Section 3 of said Ordinance is hereby amended to read: "Subd. 1 Position created. The position of forester is hereby created within the Park and Recreation Department of the Village. Section 3. This Ordinance shall be in force from and after its passage and publication° Passed by the Village Council this 24th day o~f January, 1967. _~ ~ .--~ .// ~ Attest: ~~~ ...... / ' ,/Clerk-Treasurer / Published in the New Hope-Plymouth Post on February , 1967. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being dilly sworn, on oath says he is and~ ~luring all the times herein stated has been the President of The Post Pllblishing Co., publisher and printer cd the new~paper known as THE NEW HOPE-PLYMOUTH POST and~ has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed2 in the English language in nev4spaper format and in column and sheet form eqt*ivalent in printed space to at least 900 square inches. (2) .Said newspaper is a weekly and is ~listributed at lea~t once each week. (3) Said newspaper has 50~ of its news cot~Jmns devoted to news of loch1 interest 'to the community which it purports to serve and. does not wtmlly d~tplicate any other pubt/cation an<t is not made up entirely of patents, plate matter and2 advertisements. (4) Said newspaper i.s circulated in and near the municipality which it purperts to serve, has at least 500 cop/es regularly d~llvered to ,paying subscriber, s, has an average of at least ?$~ of its total circulation currentl~r paid or no more than three months m arrears ana~ has entrer as second-class matter in its local post-office. (5) Sakl news,paper .purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its knov~ office cd issue in the City of Crystal in said county, estab- lis'bed and open during its regular business hours rior the gathering of news, sale of advertisements and sale of suhser/ptions an~t maintained by the manaEing officer of said newspaper or persons in its employ andt subiect to his dlroction and control during all such regular hours and at which time saict new~sp~per is printed. (6) Said newspaper files a copy cd each issue immediately with the State Historical Society. (7) new~paper has complied with all the £oregoing conditions for at least two years .preceding the day or dates of pu'blication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior te January 1, 1966 and each Januar. y 1 thereafter an affklavit in the form prescribed by the Secretary cd State and signed by the managing officer cd said newspaper ami sworn to before a notary public stating that the newspaper is a legal newsl~per. He further states ou oath that the printed ~.;... ~ .~. :.77. ...... ~.~. · ~. ~ ......... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, on.ce each week, for./....successive weeks; that it was 19.... ~ 7 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 o£ type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz---~ pt. Newstext . abcdet~ghijklmno~rstuvwx~7¥2 pt. Excelsior abcdefghijklmnopqrsiuvwxyz--7¥z Memphis Bold Subscribed and sworn to before (NOTARIAL .SEAL) ~o~a~ ~ubtlc~ Hennep~n Cowry, Notary Public, ....... MI/ Cp~rni$$ion Exp_lre$ ~t~. 27, 196'/ .......... ; ...... County, Minnesota My Commission Expires ..................... ~ .... 19 ORDINANCE NO. 67- 3 CHAPTER AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AVE}flIES OR ALLEYS, REQUIRING A PERMIT THEREFOR AND THE PAYMENT OF A FEE: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE ORDAINS: Section 1. The ordinances of the Village of New Hope .are .he=eby amended by adding thereto the followin§ new sec- tions: "~e.Ction 6,61 Short T!tl.~e. This ordinanc~ shall be known and may be..cited as _.the J's%-~ee~.,~vatton. Ordinance of the Villa§e of New Hope'. Secti~ 6.62. DefiniCi~S'; ~. the ..... this ordinance, the foll~- purposes of · .~._.~ te~s~ phrases, ~s ~d. their ~i~ions...s~ll ~ the'~n~ herein. ~en not iaisat with the context~ words used in the p~nt ~l~e- the '~, -'~o~s -i~ the plural n~ber include the sinEular n~r, words in the si~u~...n~ ~,,~-1 n~ber. The word 'shall' is alsys ~t~ and n~"merely · Std)d.(1) "Applicant' is--amyperson ................ ~ 'makin§~r~tten application'-to the village engineer for an excavation... .... permit_..~~e= .... ~ ~S~bd. (2) 'Village' is i::he. Villag~-- of New H(YI:~-., .... ' Subd. (3) 'Village Council' or 'Council' is the Village Council of the Village of New Hope. Subd. (4) 'Engineer' is the Village Engineer of the Village Subd. (5) 'Excavation work' is the excavation and other work permitted under an excavation permit and re- quired to be performed under this ordinance. Subd. (6) 'Permittee' is any person who has been granted and has in full force and effect an excavation permit issued hereunder. Section (7) 'Person' is any indi- vidual, firm, partnership, asSocia- tion or organization of any kind. Subd. (8) 'Street' is any street, highway, sidewalk, .alley, avenue, or other public way or grounds or public easements in the Village of New Hope. S~ct!on 6.63. Excavation Perm!i.. It shall be unlawful for any person, other than authorized village employees to dig up, break, excavate, tunnel, drill, bore, undermine or in.any manner break up any street or to make or cause to be made any excavation in or under the surface of any street, or to place, deposit or leave upon any street any earth or excavated material obstructing or tending to interfere with the free use of the street unless such person shall first have obtained an exca- vation permit therefor from the engineer as herein provided. Subd. (1) Exception. No pe~nit is required of the ovmer for garden- ing, sodding or tree planting other- wise allowed in the boulevard area adjacent to the paved portion of public streets or for gardening or sodding in areas where the easement is for underground purposes. s~c..r~on 6..~. Applica%~pn~for_Permi.~. No excavation permit shall be issued unless a written application for the issuance of an excavation per,nit, on forms provided for that purpose, is submitted to the engineer. The written application shall state the name and address of the appli- cant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may be reasonably re- quired by the engineer. If required by the engineer, the application shall be accompanied by plans sho~ing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be pre- scribed by the engineer. ~ecti0n 6.65. Permit Fee. Upon apprOVal of the a~l[oacion fo~ the excavation Permit by the engineer, the applica t shall a a fee of $ /,5'°-~-~ , co cae ell~ammm~ cocover reasonable costs for the issuance of the ex- cavation permit. SeCtiOq6%69. Excavation Placard. The Engineer shall p~6vide-sueh'~'ermittee, at the time the permit is issued, a suit- able placard which shall state the permit- tee's name, the permit number and the date of expiration. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be un-. lawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrep- resent the permit number or the date of expiration. Section 6.67. Surety Bond. Before an excavation permit is issued the applicant shall deposit with the Village Clerk-Treasurer a surety bond in the amount of $4,000. in favor of the Village. The required surety bond must be: Subd.(1) With good and suffi- cient surety by a surety company authorized to do business in the State of Minnesota. Subd. (2) Satisfactory to the village attorney in form and substance. Subd. (3) Conditioned that the applicant will faithfully comply with all the terms and conditions of this ordinance; all rules, regu- lations and requirements pursuant thereto and as required by the engineer and all reasonable reqUire- ments of the engineer, including payment of the charge for street restoration work as set forth in the rules and regulations. Subd. (4) Conditioned that the applicant will secure and hold the village and its officers harmless against any and all claims, judgments, or other costs arising from the excava- tion permit or for which the village, the Village Council or any village officer may be made liable by reason of any acci- dent or injury to persons or property through the fault of the permittee. Recovery on such surety bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the village by reason of the negligence or default of the permittee, upon the village giving written notice to the permittee of such suit or claim, any final judgment against the village requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified herein and in other respects as specified herein but appli- cable as to all excavation work in streets by the permittee during the term of one year from said date. Sectio~..6..~68. Exemption from Surety Bond. The surety bond provisions of Section 6.67 above: Subd. (1) Shall be deemed c~omplied with if the applicant has on'file with the village a surety bond in force covering both plumbing and street excavation work, and Subd. (2) Shall not apply to any public utility permitted to oper'ate within the village limits, by fran- chise or otherwise, for the purpose of supplying gas, electric or tele- phone service or of any excavation which is made under a contract awarded by the village or made by the village. Section 6.69. Engineer. All work done pursuant to an excavation permit issued under the pro- visions of this Ordinance shall be performed under the direction and to the satisfaction of the Engineer or his duly authorized agent. The Engineer shall prepare such regulations with respect to excavations within any street, and shall modify them with respect to particular work, as the Engineer shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to mini- mize interference with the public use of the streets. Regulations promulgated by the Engineer shall be approved by the Council after notice of hearing and hearing and a copy of said regulations shall be given to each permittee upon issuance of the street exca- vation permit. Regulations promulgated by the Engineer may include: (a) Requirement that all public utilities be notified by the permittee of permittee's in- tent to make a street excava- tion giving notice of time, place and purpose of such exca- vation. (b) Requirement that the permittee shall have the duty of determin- ing the location and depty of all existing underground facilities. (c) Manner and method of backfilling street excavation and procedure to be followed in compacting back- filled material. (d) Specifications as to material to be used in backfilling street excavation. (e) Manner and method of making street excavation including procedure to safeguard and protect adjoining and adjacent property and existing under- ground and above ground facilities. (f) Requirements for restoration of street surfaces. Special provisions shall be made for simplifying procedures and supervision in respect to excava- tions by franchised utilities. Section 6.71. Emergency' Action. In the event of any emergency in which a main, con- duit, or utility facility, in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or con- trolling such main, conduit, or utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such persen owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the engineer's office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. Section 6.72. Non-completi.ou or Abandonment. Work shall progress in an expeditious manner until completion in order to avoid unneces- sary inconvenience to the general public. In the event that the work shall not be per- formed in accordance with the applicable regulations of the er~ineeror iXl accordance with the provisions of this Ordinance, or shall cease or be abandoned without due cause, the village may, after six hours' notice in writing to the holder of said permit of intent to do so, correct said work or fill the excavation, and repair the street, and in such event the entire cost to the Village of such work shall be a liability of and shall be paid by the person to whom the permit was issued and his surety. Section 6~73. Insurance. A permittee, prior to the c~encement of excavation work here- under, shall furnish the engineer sa~isfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $100,000. for any one person and $300,000. for any one accident and property damage insurance of not less than $50,000. duly issued by an insurance company authorized to do business in the State of Minnesota and on which policy the village is named as a co-insured. Section 6.74. Indemnification. The permittee shall indemnify, keep and hold the village free and harmless from liability on account of injury or damage to persons or property arising or gro%,ing out of the permittee's negligence in making any street excavation. In the event that suit shall be brought against the v'illage, either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the village, shall defend the village in any suit at the cost of the permittee, and in the event of a final judgment being obtained against the village, either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the village harmless therefrom. Section 6.75. Exemption from Fee Payment and Insurance Provisions. The provisions of this Ordinance requiring payment of a permit fee and evidence of public liability and property damage insurance shall not be applicable to any excavation work carried on by the village or its employees, and utilities operating gas, electric or tele- phone facilities within the village. Section 6.76. Refusal of Permits. If any person shall fail, refuse or neglect to comply with the provisions of this Ordi- nance, or any rules or regulations of the ~gineer, or any reasonable orders o~ directions of the engineer in reference thereto, the engineer may refuse to issue further permits to such person until such conditions or orders are complied with. Section 6.77. Penalty. Any person violat- ing any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not more than One Hundred Dollars ($100.00) or by imprison- ment for not more than ninety (90) days for each offense. In the event that any person shall make an excavation in any street of the village without obtaining a permit therefor, the fee for such permit shall be doubled, in addition to other penalties provided in the ordinance? Section 2. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this j~ day~ ~ttest: - ~ Clerk-Treasurer Published in the New Hope-Plymouth Post the , 1967. day of CHAPTER 41 ',E' REGULATING TIlE S~EE~, AVENUES OR ~rmit A PER~T THERE- p~r PA~E~ OF A FEE: ~ ~med) p~S FOR 'I'VE ~tion of OF ~ p~IONS O~CIL OF THE ~LAGE ~ ex~vl~on ORD~S: of ~e or--noes of~eV~l~ e~r's of a~ hereby amen~d by add~ ~l ~t 6.61 SHORT ~E. ~is ~ ~wn ~d may ~ ct~d )r~nce of ~e 6.~. DEF~S. For ~e ~ls ord~n~, ~e follow~ words ~d ~eir deflations acan~ ~' ,eh here~ ~en : wi~ ~ con~, wo~s ~n[ ~n~ ~clu~ ~e plural numar include ~e ' include ~e plur~ numar. is alsys m~ and not . ~lic~i~ is ~ ~r~n m~ lflon ~rmit he.unit. ~Vflla~~ is ~ Vffi~ of New ~ C~fl~ or ~Counc~~ ~fl of ~ Vfl~ of is ~ Vfl~ Eh- of New Ho~ o~ ~Ex~n work~ ls~ excava- o~r work ~i~ed ~r ~ ~d ~d ~ ~ ~Perml~~ is ~y ~r~n w~ ~d ~ ~s ~ ~ force ~ exception ~rmit l~ed a ~ k~d. avonue, or o~er ~blic or ~bllc ca~m~nts ~ 6.63. EXCAVA~ON PER~T. for ~y ~r~n~ o~er ~ employees ~ dl~ up, bre~ up ~y ~t ~r ~ ~ace of ~y ~reet~ or ~t or leave u~n ~y ~t or ex~w~d ma~ ob~ct~ ~ ~rfe~ ~ ~ free u~ of u~ess ~ ~r~n s~ll flr~ ~ ex~n ~rmit ~e~for ~re~ pro~d. ) EXCEP~OH, No ~it is bf ~e ow~r for ~rdu~g, ~le~ a~ ~acont ~ ~e ~ved ~ets or for ~ areas where ~ ea~ment un~ ~s. 6.~. APPLICA~O~ FOR PER- ex~iion ~rmit ~ ~ isled ~ ~n appli~flon for ~e is~ ~R, on fo~s prowled is ~i~d ~ ~ end.er. ~ ~ ~me of ~e i~li~ ~ ~ ~ ~ ~mpl~ ~ ~ readably ~ by ~ e~r. ~ ex~d ~ces, ~e l~tiou of ~ e~er~ ~e ~li~i ~ feet ~ ~ V~ Clerk ~d ~ c~r r~ble co~s for ~ of ~e ex~vat~n ~rmlL ~CAVA~O~ PLACe. nom~r ~d ~ ~ or ~-W HOPE-PLYMOUTH POST OF PUBLICATION r for SS. SECTION 6.~. NON.COMPLETION OR oath says he is and~ during all the times herein stated has been · o., publisher and printer of the newspaper known as ABANDONMENT. Work Shall ~ro~l~.SS in?n [NEW HOPE-PLYMOUTH POST expeditious manner uattl ,completion in,or~h~ 'eln stated as follows: to avoid uonecessary in~e~noe ~o- the English language in new~,paper format and in column and general public. In the event that. the.work to at least 900 square inches. (2) .Said newspaper is a weekly shall not be performe~ltions ~me · In f..~?ord~ee. ;.withror :ek.. (3) .Said ncw~paper has 501% ~£ zts' news co~hmns devoted to the applicable regals, _.~'~e..~.-_ mty which it Purl)oas to serve and does not w.t~olly dilplicato in accordance with ihei)~so~.tl~.sor~ te u9 entirely of patents, plate matter and! advertisements. (4) dinance, or ~ cease or be ~ ear the municipality which it purports to serve., has at .least without due cause, the ~ maY~ a~er bscrlbers, ~as an average o£ at least ?$% of Its total.clr, culatmn six hours' notice In .writl~ fothe ~a~ aonths in arrears and has entry as second-class matter m Its local said permit of intent ~ do so, correct, ~ to serve the work or fill the excavation, and repair 'the ,ges of New Hope and Plymouth ,~,~* ~a in such event the. enti~ costto s k=ow~ of[ice oi issue in the City of Cl~ystal in said county, estao- cECTIOH 6 '~$ II~S~RANCI~' Aper~lltee, ,ce zssue zmmeala=ety wire zee ~a~e ~xs orzca o y. ~ ~ ,l~ ~A th~ ~lefiee~ent ~ ~ieAvatinn :.oregoing conditions for at least two years ,preceding the day or Pw~r~[~fa}~'~ s~/~l~//~ e~r (8) Said newspaper has filed wit.h, th.e .Seer. eta? of State_o,/ ~tlstaciorv evid~llcs in writll~ that ~ d each January 1 thereafter an aHmawt in the xorm pres,cn,~ea -- .... '. ...... ~ a..~ ~ maintain by the managing officer of said newspaper and sworn to eexore permltme nas m ~,~ ~ -"'"ff~-~ ' ' - 1 --~ ne----Hoer in force durlne fl~e Periorma~ce:of t]~,~,eL ~er is a e~m w~p i~ · cavatlon work and :~ parkxI ~ ~ ,~, ~i~ltinn .... - ooo. for ,y ono .............................. ........... duly issued by an insurance compenya~th0r- . ............................................................. ized to do ~ustn~ss in'tl~e $int~ of Minas- sota ~ndonWhtchpolicY t~flinge is~amed cut ~rom the columns of said new~pal)er~ and was printed and as a co-indigo" ' S~,~TION ~ ~. ~ND~M~FICATIOK~ The rmittoe s~li indamuffy~keepaedhOidthe each wee~, for / snccesslve weeks' that it was village free ami harmles~ from linhRity o account of injury or d,amage to persons or property arising or ~rowi,~ out of the ~'~.~'~-Z~ .......... the day of ..... permlttee~s negligenc~e in making any street ..... / excavation. In the'event that ~lt sNan be brought agathstthev&llaga~oRherindpp~nd- published on every .......................... to and including ently or jointly .with the permittee on couht thereof, th~ permlttee, .upon notice ~o it by the village, sllali defend the village ....... 19 .... and that the following is a printed copy of the in any suit af the cost of the permitte~, and in the event of a final judgement being obtained against the, village, either inde- a iuclnsivc~ and is hereby acknowledged as being the size and! pendently or jointly ~tith the permitine, the permlttee shall pay such Judgement with all d publication of said notice, to wit: costs and hold.the village harmless there- from. SECTION 6o~5. EXEMPTION FROM FEE klmnopqrstuvwxyz--6 pt. l~ewstext PAYMENT A~ mstm~a~C~, PHOVm?S. nopqrstuvwxyz~?X/fi pt. Excelsior The provisions of this ord!tm?ce ..r~qmrmg. to rsiuvwxvz--7~ Mem~his.~Bold payment of a permit fee ar~ ev~de,nce ot P~ -- , ' / ff public liability and property: damage~,ins~r- ante shall not be ~/ppliCable-toonyeXeavatlon /~?.,~'~- work carried on by the village or tis em- /~'"'~// / / ~ / ployees, and utilities operatin~ gas, electr~!c ~ / / / / / // or telephone ,facilities within the~,vilinge, -~"-/ / ~ //'-'~//. / // SECTION 6 ?6 REFUSAL OF PERMITS. /~ ~ ..... ~/~__.,~ ~'~'~Z to co~n~ly with ~ p~oviSlO~s ~f this Ordi- nance, or any r~tea or re~ula~lom~ of the engineer, or ~y reasormble ordersOr~lree- ~ [he engineer may refose te tssqe inrther per-~ ~'./o i. mits to such person until svch conditions or orders are complied with. , SECTION 6,'Iq. PENALTY, Any person I violating any of the provisions of' this'Ordin-~ ance shall be deemed guilty of a misde- meanor and punished ,by a fine 0fn0_} m°re -~ J. B[NNETHUM than One Hund~ Dotters ($~01lo~0)or9~.? ~:-_-~ Co'daVy', imprisonmon~ for not more thanfiinety ( 0)/ , .~, Mar. 27, days for eacl In the :otmty, Minnesota without /or such permit ..... ~ .... ORDXNANCE NO. 67- ~ CHAPTER 63 AN ORDINANCE PROHXBITINC POWER BOATS ON PARK WATERS, AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF. The Village Council of the Village of New Hope ordains: Section 1. The ordinances of the Village of New Hope are here~y"amended by adding thereto the following new sections: "Section 6.61..pefinitionp. Whenever used in this ordinance and unless otherwise distinctly expressed, the following words and phrases Shall have the meaning set out herein: 'Boat' means boat, canoe, speedboat, hydroplane, float, raft or watercraft. 'Park waters' means lakes, streams, canals, channels or beaches therein which are owned, dedicated, leased or otherwise acquired by the village or under the control of the village. Section 6.62. Power Boating Prohibited. No person shall place, have, or use any motorboat or any other boat mechanically propelled by an internal combustion engine, jet propulsion engine, or other similar means of power propulsion on any park waters situated within the village. Section 2. This ordinance shall be in force from and after its passage and publication. Passed by the Village Council thi. s~_/_~ day, of ~, Published in New H~e-Pl~th Post this W~. day of X~ ,. ,-/ , 1967. ' THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. 17.. C. L'Herault, being duly sworn, on oath says he is and~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known .as THE NEW HOPE-PLYMOUTH POST and bas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equ~vaient in printed space to at least 90'0 square inches. (2) .Said newspaper is a weekly and is ~listributed at ieast once e~ch week. (3) Said newspaper has 50~% of its news columns devoted to news of lochl interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made t~p entirely of patents, plate matter and.,' advertisements. (4) Said newspaper i.s circnlated in and near the municipality which it purports to serve, has at least 500 copies regularly d~livered to .paying subscribers, ~-as an average of at least 75% of its total circulation currently paid or no more than three months in arrears and~ has ent~ as second-class matter in its local post-office. (5) Saki newspaper purports to ~erve the Villages of New Hope and Plymouth in the County of Hennepin ~hncl it has its k~owl~ office of issue in the City of 'Cr%'stal in said county, estab- lished and! open during its regular business hours ~for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and~ subject to his girection and control during al.I such regular hours and at which time sale% new~paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Sak~ newspaper has complied with all the f.oregoing conditions for at least two years prereAing 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 affklavit 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 etatlng that the newspaper is a legal news1~per. hereto attached as a part hereof wa~ cut from the colnrans of said newspaper~ and was prlnted and published therein in the E~glish~language, once each week~ for..L..$uecesslve weeks; that it w~ flrst so published on ................ the..q>~.~.., day of ......... 19... and was thereafter printed, and published on ever7 .......................... 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 coml~siliou and publication of said notice, to wit: abcdefghij!dmnopqrstuvwxyz--6 pt. Newstext a~cdefghijktmnopqrstuvwxyz--7~/~ pt. Excelsior abcdefghijklmnopqrsiuvwxyz--7V2 Memphis Bold Subscribed and sworn to before m, ,h s ...... .... of ............. ......... (NOTAI~IAL SEAL) RALPH J. BENNETtJUM Notary P~blic, Hennepin County, Minm Notary Public ............ My Commission Expires ..................... ., ....19 ...... ORDINANCE NO. 67- 5'- CHAPTER 8lB AN ORDINANCE AP~NDINC "AN ORDINANCE PROVIDINC FOR THE LICENSINC OF DOCS, PROHIBITING OF DOCS FROM RUNNING AT LARCB, WITHIN THE CORPORATE LIMITS, AUTHORIZINC IMPOUNDINC AND DESTRUCTION OF DOCS, PROVIDING A PENALTY AND REPEALINC ALL ORDINANCES IN CONFLICT THEREWITH" AND PROVIDING PENALTY FOR VIOLATION THEREOF. ,SeC,tion-1. section 2 of Ordinance 60-6, Chapter entitled "License and Registration Required" is amended by the addition to said paragraph at the end thereof of the words: "The license provided for herein shall be obtained not later than February 1st of the license year. The sale or transfer of any licensed dog shall carry with it and transfer to the new owner the license." Section 2. Section 4 of said Ordinance 60-6 enti~led: "Runnin~ at Large" is amended to read as follows: "seCtion Running_at,Large. No owner or keeper Of dogs shall permit such dog to run at large within th/e limits of the Village, other than on premises owned by or rented bythe owner.~' S,e~tion,3. Section 6 of.saidOrdinance 60-6, entitled: "Notice" is amended by the substitution as to the last para- graph thereof of the following: ~The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, the impounding fee and the boarding charges specified herein. The impounding fee shall be $7.50. The boarding fee shall be $1.50 per day or any portion thereof for any dog held at the pound." In the event the im- pounded dog has not been vaccinated for rabies~ and evidence thereof is not presented to the Poundmaster as provided in Section 10, the Poundmaster may accept a deposit of $10.00 in cash, in addition to the other charges provided for herein, and the dog shall be released to the person claiming the dog as owner. The $10.00 deposit shall be released to the owner by cash or check if a certificate of vaccination is presented within 30 days after the $10.00 deposit is made. The Poundmaster shall issue numbered, dated receipts for all payments, including the $10.00 deposit. The Poundmaster shall withhold delivery of the license for the dog until the vaccination certificate is presented to him. Unclaimed licenses and unclaimed $10.00 deposits shall be turned over to the Village within 30 days after the expiration of the 30-day deposit period. No deposits, or any portion thereof, shall be refunded by either the Poundmaster or the Village after 30 days from the date of the deposit, and such deposits shall be for- feited to the Village. S.~ection 4. Section 9 of said Ordinance 60-6, entitled_: "Confi~,ent" o'~ Certain Dog~' is amended by the deletion theNe from of the last sentence, reading, "Any dog which is the subject of proceedings as described in Section 10 may be con- fined by order of the Justice of the Peace issuing the summons and impounding and feeding charges shall be paid by the owner or persons havin§ possession of the dog~ the complainant~ or by the Village~ as shall be determined by the Justice of the Peace upon the hearing on the order to show cause." Sectipn 5. Section 10 of said Ordinance 60-6 entitled: "Proceedings for Des~£uction of Certain Dogs" is amended in its entirety by the substitution of the following: "Sectiqn 10. Rabies ~accinat~on. No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type of vaccine within 26 months prior to December 31st of the year for which the license is applied, or with a killed virus vaccine within 13 months prior to December 31st of the year for which the license is applied. A certificate of vacci- nation or other statement to the same effect executed by a doctor qualified to practice -2- veterinary medicine in the state in ~hich the dog is vaccinated shall be prima facie proof of the required vaccination." Section 6. Section 12 of said Ordinance 60-6 is amended by the substitution as to the last paragraph thereof of the following: 'No dog which has bitten a human being shall be released from impounding until authorized to do so in writing by the Village Veterin- arian or by the Police Department." ~eDtion 7. Section 15, entitled: "Rabies VaccinatioW' of said Ordinance 60-6 is hereby amended to read: :'Section.. .. 15. Penalty.. . Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceed- ing $100 or imprisonment for a period not ex- ceeding 90 days." Section 8. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication.  Council this of by the Village ~6'- day /~-Treasurer i Published in the New Hope-Plymouth Post this .... ~ ,, day of May , 1967. -3- ~, ~* ~r CHAPTER 615 AN ORDI~I'ANCE AMENDING ~"A~ ORD]- ~AN~mG FOR THE RUING iT ~GE ~THm ~E COR- PORATE LIMITS. ~UTHO~ZINGIMPOUN~ ING AND DESTRUC~ON OF ~S, PRO- ~D~G A PENALTY ~ND REPEA~NG ALL ORD~'ANCES ~ CONFLICT THERE~TH" AND PROVIDING PENAL~ FOR ~OLATION ~EREOF. Section 1. Section 2 ~ Or~naece ~-6, Chapter 8lA enHtled 'License and Re, s- traiten Req~red'~:is amend~ by ~he addi- tion to said paragraph at the e~ .there~ herein sMll ~ obtained n~ later than Februa'ry 1st of the license year. The sale or tra~er of any licensed d~ s~ll carry with it and tran~er to the new owner the Section 2. Section 4 of said Ordnance 60-6 entitled: "Running at Large" is amend- ed to read as follows: "Se~lon 4. RUN~NG AT ~RGE. No o~er or keeper of d~ S~II permit such dog to run ~t large ~tMn the limits of the Village, ~her than on premises o~ed by or rented by the Section 3. Section 6 ~ said Ordinance ~-6, entitled: 'N~ice' is amended ~ the substituti~ as to the last paragraph ther~ ' of the following: "The owner ~ any dog so impended . ma~ recl~m such dog upon payment p~ding fee and the ~arding charges specffl~ herein. The lmpounffing fee shall be $7.50. The bearing fee s~ll $1.50 per day or ~y portion there~ for ~y d~ held at the p~d.' In the event the impoand~ d~ has not been ~cclnated fdr rabies, and evidence thereof is n~ presented to the P~nd- master as pro~ld~d In Sectt~ 10. the Poundm~ter may accept a deposit of $10.~ in cash, in addition to the ~her charges provided for herein~ and the d~ s~ll be released to the person clal~l~ the dog as o~er. The $10.~ de.sit s~ll be released to the Owner by or ch~k if a certificate o~ vaccination IS presented within ~ days Mter the $I0.~ deposit Is made. The Poundmaster s~ll issue numbered, dated receipts for all payments, including the. $10.~ deposit. The Poundmaster shall with- hold delivery ~ the license for the d~ until the vaccination certificate is pre- sented to him. Unclaimed licenses a~ unclaimed $10.00 deposits s~ll be turn~ over to t~ Village ~thin 30~}~ Mter the e~ration of the 30-~y deposit period. No d~osits, or any portion there., shall ~ re~nd~ by either the Poundmaster or the Village ~ter days from the date ~ the d~osit, and such de.sits shall ~ [o~eited to the Village. Section 4. Section 9 ~ said Ordi~nce 60-6. e~itl~: "Confinement ~ Ce~ain Dogs" ts amended by the deletion therefrom ~ the last sentence, readi~g~ "Any dog .w~ch Is the subject ff precedings as describ~ in Section 10 may be co~ln~ ~ or~eg ~ the ~u~lce ~ the Peace issui~ the summons and impOUnffing a~d feting charges s~ll ~ paid by the o~r or persons having possession ~ the dog~ the -complainer, or by the Village, as s~ll be d~etm~ed~ the ~astice ~ the Pe~ce ~on the hearing on the order to show Section 5. Section 10 of said Orffiasnce 60-6 entitle& 'Pr~eedings for Dest~ction ~ Ce~ain Dogs" is amend~ In its tire}y by t~ substitution ~ th~ followin~ '"Section 10. ~B~S VAC~ATION. No Ucense shall ~ grained for a d~ which has not been vacciaal~ forrables with a m~ified live virus t~e ~ vac- cine within 26 monthg pNor to ~cem- bet 31st of the year lot which the lice~e Is appli~, or with a ~lled ~r~ vaccine ~tMn 13 months prior to De- cember 31st of the year for which the license is appli~. A cert~cate of vac- ci~tion or ~her'statement to the same -effect ex~ut~d by a doctor qualified to practice veterinary medicine in the state in which the d~' is vaccinated shall ~ prima facts pr~f 0f the re- Section 6. Section 12 ~ said Ordi~nce ~-6 ls amended by the sub. ii.ion as to the la~ p~agraph'ther~ ~ the follo~ 'No d~ which ~s bitten a human ~ing shall be release, from bmpoun~ng u~tl aut~orized to do so in writing by THE NEW HOPE-PLYMOUTH POST AFF]DAV[T OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein statexl has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equivalent in printed space t~ at least 90'0 square inches. (2) Said newspaper is a weekly and is distributed at ~ea~t once each week. (3) Said newspaper has 50% of its news coPamns devoted to news of loc~l interest to the community which it punports to serve and does not wholly duplicate any other publication and is not made ut) entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it p.urperts to serve, has at least 500 copies regularly ~elivered to paying subscriber, s, ~aas an aver.age of at least ?5? .of its .t?tal.ci~..cul,atlon, currently l~aid or no more than three months in arrears ana~ naa elltl~ as s~cona-class matrer in its lOCal post-office. (5) Said newspaper purports to serve the Villages of New Hope and plymouth in the County of Henn~pln and it has its knew~ office of issue in the City of C~$tal in said county, estab- lished ancl open during its regular business hours ~or the gathering of news, sale of advertisements and sale of subscriptions and[ maintained by the managing officer of said newsPaper or person~ in its employ and[ subject to his dirootion and control during all such regu. lar .t~u. rs and. at which time .said[. nev~i)~.per is..p, rin~te.d; (6) Said newspaper files a copy of each issue immediately with the State Histoncai S..ecmty. ~/) 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 t~ublie stating that the newspaper is a legal newal~per. hereto attached as a part hereof was cut from thc columns of said newspaper, and was printed and published therein in the English language, once each week, £or.f....snccesslve weeks; that it was first so published on ........ ~ ....... the....~/~ day of.../.~/~ ....... 19.~P. Yand was thereafter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed c09y 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 6 pt. Newstext at)edefghiiklrnnopqrstuvwxyz~?~/i pt. Excelsior abcdeighijklromopq~sIuvwxyz~?Vz Memphis Bold Subscribed and sworn to before ~¥ Ccmmiss~o~ Expires ~Afl, 27th, Notary Public, ......................... County, Minnesota My Commission Expires ..................... ; .... 19 ORDINANCE 67-~ CHAPTER llC AN ORDINANCE FURTHER AMENDING ORDINANCE 59-1, CHAPTER 11, THE PLATTING ORDINANCE OF THE VILLAGE OF NEW HOPE The Council of the Village of New Hope Ordains: Section 1. Ordinance 59-1~ Chapter 11, The Platting Ordinance of the Village of New Hope, is hereby amended as follows: Section 9, "Required Improvements, paragraph 6. "Public Utilities", is amended by the addition thereto of sub-section (c) as follows: (c) Ail plats filed subsequent to the passage of this Ordinance shall be served by underground cable and transformers (as opposed to overhead lines and transformers), for the transmission of electrical energy, except where the Council by resolution determines that (1) because rear lot lines as to specific lots abut on existing plat or plats and unnecessary duplication of electrical transmission facilities would result, and that said specific lots do not abut lots already served by underground power; or (2) that based upon engineering considerations as specified by the Village Engineer, underground power is not feasible in a particular plat, area or specific lots; or (3) that the size of the plat or subdivision, and existence of overhead power surrounding the plat does not justify the installation of underground power as to a particular parcel or parcels. Section 2. This Ordinance shall be in full force and effect from and after its passage and publicationas required by law. Adopted by ~he Village Council of the Village of New Hope, Minnesota this //?~day of , 1967. Attest: '-Cier~~Treasurer ' Mayor~ Published in the New Hope-Plymouth Post on the ~ day of ~ 1967. ?Z -/ TIlE NEW IIO,PE-PLYMOUTII POST AFFiDAViT OF PUBUCATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being ~laly sworn, on oath says he is an~ during all the t/mrs herein stated has been the President of The Post Publishing Co., public, her and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and, has full knowledge of the facts herein stated as follows: (1) Said newspaper iS printed in the English language in new~paper 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 ~east once each week. (3) Said newspaper has 50% of its news columns devoted to news of loc~l interest to the community which it ~purports to serve and does not wholly duplicate any other publlcatlon an.d is not made up entirely of patents, plate matter and~ advertisements. (4) Sa/d newspaper is circulated in and near thc municipality which it 1~urports to serve, has at least 5/)/) copies regu~.~rly d~.~livcred to paying snhscy~iber, s, ~as an ave. r.age of.at lea~t 75~/? ,of its ~o_~al..~ci~c~_ul~o~ post-office. (5) Said newspaper purports to serve the Village~ of New Hope and PlymoUth in the CoUnty of Hennepin and it has its knowl~ office of issue in the City of Cl~yatal in said county, estab- llshed and~ open d~aring its regular business hoUrs ~for the gathering of news, ,sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ andl subject to his dlreation and control during all suc.h yegu. lsr .h.~.m. rs and. at whi_ch tlme,,,.said,, n,eW~st~e.r is,~ri~me..~ (6) Said newspaper files a copy of each ~ssue ~mmedmtely with the State i-llstorlca! ,~oc ely. newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. ($) 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 thc Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspai)er is a legal newspaper. He further states_on oath that the printed ..... ~ff'~;...~..:..'...~. ............................... .... ..... hereto attached as a part hereof was cut from the colurans of said newspaper, and was printed and published therein in the English language, once each week, for.../...successive weeks; that it was ,,., ,o ......... .......... ...... 19.~.Tand 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 iaclusive, and is hereby acknowledged as being the size and kind of type used in the composit~ou and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext a~cclefghijklrrmopclrstuvwxyz~V2 pt. Excelsior abcdefghij klrnnopqrsluvwxlrz~7 ~his Bolcl Subscribed and sworn to bef~e me th,s .... ...... d,y ........ 19..~.7 ....... ........ (NOTARIAL .SEAL) RALPH I. BENNETHUM No~a~, Public, f{~:~,~i,~ County, My Commlsslon Exl~es ..................... ~ .... Z~ ORDINANCE NO. 67- ~ CHAPTER 159A AN ORDINANCE AMENDING ORDINANCE NO. 66-16, CHAPTER 159, ENTITLRD "AN ORDINANCE PROVIDING FOR DISPOSING OF VIOLATIONS OF ORDINANCES RELATING TO BUILDING CONSTRUGTION~ OPERATION OR MAINTENANCE~ FIRE AND FIRE PREVENTION~ PUBLIC HEALTH AND SANITATION~ ZONING THROUGH THE ORDINANCE VIOLATIONS BUREAU OF THE HENNEPIN COUNTY MUNICIPAL COURT ." The Village Council of the Village of New Hope ordains: Section 1. Ordinance No. 66-16, Chapter 159, entitled "An Ordinance Providing For Disposing of Violations of Ordinances Re- lating to Building Construction, Operation or Maintenance, Fire and Fire Prevention, Public Health and Sanitation, Zoning Through the Ordinance Violations Bureau of The Hennepin County Municipal Court" is hereby amended as follows: Section 2. Section 2 of said Ordinance No. 66-16, Chapter 159,- is amended to read as follows: 'tSection 2. Authorization to IssUe Tickets. The Council hereby confers'the power and authority to issue and serve a written or printed notice, herein- after referred to as a ticket, upon persons charged with ordinance violations, upon the Fire Marshal, Police Chief, all duly appointed and acting police officers and animal patrol warden, provided, however, that no such persons shall arrest or otherwise take a violator into custody, except the Police Chief and police officers may make such arrests as are permitted under the laws of arrest. Such ticket shall be served upon the person creating the violation, the lessee, or person in charge of the premises alleged to be in violation." Section 3. publication. This Ordinance shall be in effect from and after its Attest: ~l~rk~reasurer Adopted by the Village Council this ~3 day of ~ , 1967. Published in the New Hope-Plymouth Post this day of ~[~, 1967. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF, PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Hc~r~ult, being d~ly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the nev~paper known as THE NEW I-i0PE-PLYMOUTH POST and.' bas full knowledge of the facts herein stated as follows: (1) Said newf~psper is printed in the E~glish language in new~paper format and in column and sheet form equivalent in printed space to at least 9.00 square inches. (2) .Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 5(~% o£ its news co]~hmns devoted to news of lochl interest to the community which it purports to serve and does not wkolly ditplicate any other publication anti is not made t~p entirely of patents, plate matter anc~ advertisements. (4) Said newspaper is .circulated in .and near .t. he m?icipaiity which .it p,u~rpor, ts~,to~ ser/e.: copies regularly d~livered to .paying subsc.r,iber.~, ires an ave. r.age oI .at lease post-office. (5) Saki newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln nnd it has its k~ow~ office af issue in the City of Crystal in said county, estab- lis,hod an<t open during its regular business hours .~or the gathering of news, sale of advertisements and sale subscriptions anc} maintained by the manazlng officer of said newspaper or 9ersons in its employ and~ subject to his dirociion and control during all suc.k regt}lar .h~u. rs and, at which time isaicL, n?f~Sl~.per is,~p, ri~te.dl (6) Said newspaper files a copy of each ~ssue ~mmedmtsly w~th the State H~storlcai ~oclety. [~) ~a~(~ newSPaper has complied with all the .£oregoing conditions for at least two years preceding the (Lay or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary o{ State of Minnesota prior to January 1, 1966 and each January 1 thereafter an a[fldavit in the form prescribed by the Secretary of State and signed by the managing officer oi said newspaper aM sworn to before a notary public ~tating that the newspager is a legal newspaper. hereto attached as a part hereof was cut from the columus o{ said newspaper, and was printed and published therein in the English language, once each week, ior. fff...successive weeksi that it was 19.~..?and was thereafter*~printed and published on every .......................... ~/ 'to and including the., ........ (lay 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 anc~ kind of type used in ihe composition and publication of sald notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abedefghiiklnmopqrstuvwxyz--7~ pi. Excelsior abcdefghi]klrnnopqrsiuvwxyz--?~ Memphis Bold .... Subscribed and sworn to b~fore (~OTARI'Ar. S~) "~_:c, Henr~epin County. Commission Expires ...................... .... 19 ...... ORDINANCE NO. 67- ~ CHAPTER NO. 52G AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 61-6, CHAPTER 52-D, ENTITLED: "AN ORDINANCE TO REGULATE THE CONSTRUCTION, ALTERATION, REPAIR, ADDITION TO, REMODELING, MOVING, CONVERSION, OCCUPANCY, EQUIPMENT, MAINTENANCE OR OCCUPANCY OF BUILDINGS OR OF THEIR PARTS, ALSO STRUCTURES OF EVERY NATURE, IN THE VILLAGE OF NEW HOPE: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR: PROVIDING PENALTY FOR VIOLATION THEREOF: REPEALING ALL ORDINANCES CON- FLIGTING HEREWITH." The Village Council of the Village of New Hope ordains as follows: Section 1. Section 19 of Ordinance No. 61-6, Chapter 52-D, entitled "An Ordinance to Regulate the Construction, Altera- tion, Repair, Addition to, Remodeling, Moving, Conversion, Oc- cupanuy, Equipment, Maintenance or Occupancy of Buildings or of Their Parts, Also Structures of Every Nature, in the Village of New Hope: Providing for the Issuance of Permits and Collection of Fees Therefor: Providing Penalty for Violation Thereof: Repealing all Ordinances Conflicting Herewith" as amended, be and the same is hereby further amended to read as follows: "Section 19. Brick Facing. Ail exterior walls of commercial and industrial buildings multiple dwelling buildings with three or more living units (apartments) hereafter erected or altered so as to require comp~ance with this ordinance as provided in Section 4 herein, shall be of brick veneer construction, or of a sub- stitute material which is approved by the Village Council as being the substantial equivalent of new brick as to quality, durability and appearance, and harmony with surrounding premises. An ad- justment or exception to this requirement may be granted by the Village Council under Section 33 herein as to walls which do not show to the public view to disadvantage, and providing such adjust- ment or exception shall be found by the Village Council to promote and safeguard the public health, safety, convenience, prosperity or general welfare of the Village of New Hope." Section 2. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misde- meanor and punishable by a fine not to exceed One Hundred Dollars ($100.00) or by imprisonment for a period not to exceed ninety (90) days. Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this ~3 day of ~ , 1967. Attest: ~Clerk-Treasurer Published in the New Hope-Plymouth Post this /~'~ day of~-~-~ .... 1967. / -2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an<~ during all the times herein stated has been the t~resident o£ The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST ~ has full knowledge of thc facts herein stated as follows: (1) Said newspaper is printed in the English language in neWlspaper format and in .column and sheet form equ/valent in printed space to at least 9'0'0 square iac~hes. (2) Sa/d newspaper is a weekly and is d/stributed at least once each week. ($) Said newspaper ha~ 5~% of its news cot~mns devoted to news of local interest to the community which it purports to serve and does not wtmlly duplicate any other publication and is not made up entirely of patents, plate matter an~' advertisements. (4) Sa/A newspaper is circulated in and near the municipality which it Furports to serve, has at least 5/)/) copies regularly ~elivered to paying subscribers, ,has an average of at least ?5% of its total circulation currently /)aid or no more than three mcmths in arrears ana~ has entr~y as second-class matter in its local post-office. (5) Sa/d newspaper l~urports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its know~ office o¢ issue in the City of Crystal in sa/d county, esta~b- lished and open during its regular business hours ~or the gathering o£ news, sale of advertisements and safe of subscriptions and maintained by the managing officer of said newspaper or persons in its employ andl subject to his d/rection an~ control during .all such regula~ h~urs and at which time sai~ newspaper is ~rh~ted. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Sa/d newspaper has complied with a~l the foregoing conditions for at least two years oreced/ng the day or dates of pu'bli,cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota /)flor to January 1, 1966 and each January I thereafter an aff~davlt in the form ,prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary publ/c stating that the newspaper is a legal newspap~'. He further states on oath that the prlnted.f.~:...~.~..~.~. ........ ~~...~...~....~..... hereto attached as a part hereof was cut from the columns of said new~paper, and was printed and published therein in the English language, once each week, for. .Z . . successive weeks; that it was first so published on ............................. the.//~...i, day of ........ I9..~./and was thereafter d 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 con~posit/~on and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext a~ocdefghijklnmopqrstuvwxyz--7¥2 pt. Excelsior abcdefghijklmnopqrstuvwxyz--7~ Memphis Bold Subscribed and sworn to before me this ..... .*~..~ ...... 'day of ...... ~ ........ A.D., 19...~..? ......... ......... Commission Expires ..................... ~ .... 19 ...... ORDINANCE NO. 67- ~ CHAPTER 13.11 AN ORDINANCE FURTI{ERAMENDING ORDINANCE NOo 60-19, C~PTER 13K, ENTITLED "AN ORDINANCE REGULATING THE USE OF LAND, THE lOCATION AND USE OF BUILDINGS AND Tm ARRANGEMENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW HOPE, MINNESOTA" The Village Council of the Village of New Hope ordains: Section 1. Ordinance No° 60-19, Chapter 13K, entitled "An Ordinance Regulating the Use of Land, the Location and Use of Buildings andthe Arrangement of Buildings on Lots in the Village of New Hope, Minnesota", as amended, be and the same is hereby amended as follows: Section 2. Subsection P of Section IV, added by Section 4 of Ordinance No. 65-8, Chapter 13.4, is hereby amended to read: "p. Multiple-dwelling design and standards for apartments with three (3) or more living units° Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances to the building° Portland Cement concrete walks shall be provided in the boulevard to a minimumwidth of five feet with any such apartment development adjacent to a major arterial Street. A private garage shall be provided in con- nection with the erection or increase by units of any such apartment house building as follows: One private garage per dwelling unit. Each garage shall have an individual door and shal~ be constructed of comparable mater~al an~'bf"the same architectura~ ment as the main building. If more than one private garage is contained in a single build- ing, the area of each such orivate gaM~gp. shall be, Separated by. a continuous fire- resistant wall extending from the foundation to the roof at all points· Notwithstanding any. provisions of the "Uniform Building Code.,~ 1961 Edition, Volume !~ adooted by re- ference by Ordinance No. 65-I0~ uor any other 'provisions of the ordinances oz viiia~e~ suc~. area_separation wall shall be wood Stud walls, finished on each side with gy'psum wallboard ~ ' ~ is not less than one- half inch (~') thick° Such gypsum wailboard p~ll comply with U~ B. C. Standard NOo 47-8- 61. Garage buildings may have common walls° Section 3. This ordinance shall belcin~f~tttforce and effect from and after its passage and publication. Passed by the Village Councillor the Village of New Hope on the ~? day of ,~~ , 1967. A~test ~s/Harlyn Larson ¥~yor Published in the New Hope-Plymouth Post the 1967. day of , -2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein stated has been the PYesident of The Post P~blishing Co., publi~aher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST a~d has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new. paper format and in column and sheet form equ/valent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is d/stributed at least once each week. (3) Said newspaper has $01% c~f its news co,titans devoted to news of loc~l interest to the community which it purports to serve and does not wholly d~tplicate any other pub~icat/on and is not made up entirely of patents, plate matter anc~ advertisements. (4) Said newspaper is ci~c~alated in and near the municipality which it purports to serve, has at least 500 copies regt~larly ~elivered to paying subscribers, ~tas an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entr~r as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its known office of issue in the City of Cx~rstat in said county, est~b- llshed and open during/ts regular business hours ~or 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 .aud~ subject to his dir~otion anc~ control during alt such regular h~urs and at which time said, new~paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Sai{~ newspaper has complied with ali the foregoing conditions for at least two years preceding the day or dates of pu'blication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and e~ch January 1 thereafter att affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper ami sworn to before a notary public ~tating that the newspager is a legal newspaper. hereto atta~ehed as a part hereof wa~ out from the eolumms of said newspaper, and was printed and publlsberl therein in the English language, once each week, for...~,~...sueeesslve weeks; that it was ........ ................. .... ....... first ~9.~../ and v~s thereafter printed and published on every .......................... to and mcludmg 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: abedefghljklmnopqrstuvwxyz--6 pt. Newstext a~cdefghijklmnopqrstuvwxyz~TV2 pt. Excelsior a~cdefghi]klmnopqrsh~vwxyz~7~ Memphis Bold Subscribed and sworn to before m ", '~ ! -a f (~'' '~' ............ ......... (NOTARIAL SF, AL) RALPH J. BENNETHUM Notary Public, Hennepin County, Minn. Notary l~ublic, ............. Mb'. Ccmmissi6et~jreM~7th, 1974 My Commission Expires ..................... ORDINANCE NO. 67- /~ CHAFFER 155 I AN ORDINANCE AMENDING AN ORDINANCE RELATING TO THE USE OF HIGHWAYS, DRIVERS LICENSE~ CHAUFFEURS LICENSE~ REGISTRATION OF MOTOR VEHICLES~ AND TRAFFIC REGULA- TIONS WITHIN THE VILLAGE OF NEW HOPE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Village Council of the Village of New Hope ordains: .S.es.tion 1. Ordinance No. 64-3, Chapter 155H, entitled: "An Ordinance Relating to the Use of Highways, Drivers License, Chauffeurs License, Registration of Motor Vehicles, and Traffic Regulations Within the Village of New Hope, and Providing Penalties for the Violation Thereof" be and the same is hereby amended as follows: Section 2. Section 1 is hereby amended to read: "11.01 ~i,8hwa~ T~a~fic Regula.tion Act Incorporated by Reference The regulatory provisions of Minnesota Statutes 1945, Chapter 169, as amended by Laws 1947, Laws 1949, Laws 1951, Laws 1953, Laws 1955, Laws 1957, Laws 1959, Laws 1961 (including both Regular Session Laws and 1961 Special Session Laws), Laws 1963, Laws 1965 and Laws 1967 are hereby adopted as a Traffic Ordinance Regulating the Use of Highways, Streets and Alleys within the Village and are hereby incorporated inand made a part of this ordinance as completely as if set out here in full." Section 3. This ordinance shall take effect and be in full force from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this ~Z day of _.~ ....... , 1967. Village' ManagAr ~~~/~ . , Mayor Published in the New Hope-Plymouth Post ,1967. THE NEW I-IOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is anc~ during ail the times herein stated has been the President of The Post Publishing Co, publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equivalent in printed space to at 1cast 900 square inches. (2) .Said newspaper is a weekly and is dfsiributed at least once each week. (3) Said newspaper has 50% o~ its news cot~mns devoted to news of lo~I interest to the community which it purports to serve and does not wt~olly duplicate any other publication an<l 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 d~llvered to paying subscribers, ~as an average of at least ?5% of its total circulation currentlx i~aid or no more than three months in arrears and~ has entrsr as second.class matter in its local l~St-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its know~ office cd issue in the City of ~Crysta3 in said county, estab- lls,hed an~ open during its regular business hour~ rior the gathering of news, sale of advertisements and sale of subsoriptions and maintained by the managing officer of said newspaper or persons in its employ and~ subject to his (llrectlon and control during all such regular hours and at whic~ time said~ newspaper is printed. (6) Said newspaper files a copy cd each issue immediately with the State I-Iistorical Society. (?) Sa/c~ newspaper has complied with ail 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 ~[anuary 1, 1966 and each January 1 thereafter an affidavit in the form prescrlbed by the Secretary cd State and signed by the managing officer cd said newspaper and sworn to before a notary public stating that the newspa~per is a legal newspaper. hereto attached as a part hereof was out from the columns of said newspaper, and was printed and f the Engllsh~language, once each week, for..../...suecesslve weeks; that it published therein was 19.~..'~and was thereafter printed and PUblished on every .......................... to and including the .......... clay 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 anc~ kind of type used in the compositon and publication cd said notice, to wit: abcdefghijklmnopqrstuvwxyz~5 pt. Newstext abcdefghijklmnopqrstuvwxyz~7¥2 pt. Excelsior abcdefghijklmnopqrstuvwxyz~7~xi Memphis Bold Subscribed nnd sworn to before th,s ...... ....... .......... (NOTARIAL .SEAL) ~otar~ Public ............. biz ~y ~mmimlon Ex,res ..................... ~ ....19 ...... ORDINANCE NO. 67-11 CHAPTER 9 AN ORDINANCE REGULATING CERTAIN NUISANCES, PRO- VIDING FOR THE PROTECTION AND PRESERVATION OF THE PUBLIC HEALTH BY REGULATING THE KEEPING OF CERTAIN ANIMALS, PROHIBITING THE THROWING OR DEPOSITING OF LITTER ON PUBLIC PLACES, CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LiEN FOR VILLAGE CLEARANCE, A~ PRESCRIBING PENALTIES FOR VIOLATION THEREOF The Village Council of the Village of New Hope does ordain: "9.100 PUBLIC NUiSANCES~.,U~HQLESOF~ A~TD UNH~i%LTHY L!TTE%t A~ ANIMAL REGULATIONS. 9.10i Definitions. The following words and' phrases~ when used in this Ordinance, shall have the meanings as set out herein: Subd. (1) Authorized Private Receptacle. "Authorized Private Receptacle" is a litter s~orage'and collection receptacle of the type authorized in Section 9.~ o~i~h~s,!ior~i~aoce. Subd~ (2) G.~rbag~. "Garbage" is putrescible animal and vegetable wastes resulting,from the handling, preparation, cooking and consumption of food. Suod. (3) Litter. "Litter" is "garbage," "refuse," and "rubbish" as defined herein and all other waste material which, if thrown or deposited.as herein prohibited, tends to create a nuisance or danger to public.health, safety and welfare. Subd. (4) Park. "Park" is a park, reservation, playground, beach, recreation center or any other public area in the Village, owned or used by the Village and devoted to active or passive recreation. Subd. (5) Private Premises. "Private Premises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or con- tinuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Subd. (6) Public Place. "Public Place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Subd. (7) Refuse. "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes), dead animals, abandoned automobiles, and solid market and indus- trial wastes. Subd. (8) Rubbish. "Rubbish' is nonputrescible solid wastes con- sisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, card- board, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, construction remnants including but not limited to sheet'rock, electrical, plumbing, roofing scraps, lumber, galvenized metal, concrete, plaster, trees or shrubs removed during construction, and similar materials. 9.102 ' Authorized 'private Receptacles. The following containers shall be deemed author'iZed~ as private receptacles for Collection: Subd. (1) Garbage. Carbage containers shall be made of metal, equipped with suitable handles and'type fitting covers, and shall be water tight. (a) Garbage containers shall have a capacity of not more than 21 gallons. (b) Sanitation: Garbage containers shall be of a type approved by the Building Inspector and shall be kept ~ in a clean, neat and sanitary condition at all times. Subd. (2) ~shes. Ash containers shall be made of metal and have a capacity of not more than ...... gallons. Subd. (3) Rubbish. Rubbish containers shall be of a kind suitable for a collection purposes, and shall be of such weight that they can be handled by one man, when filled with reasonable and normal rubbish or refuse. 9.103 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in authorized private recep- tacles for collection. 9.104 Placement of Litter in Receptacles .t.0 Prevent Scattering.. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. 9.105 Sweeping Litter Into Gutters. Prohibited, No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Person owning or occupying property shall keep the sidewalk in front of their premises free of litter. 9.106 Merchants' Duty to Kegp Sidewalk Free...pf .Litter.~ No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private side- walk or driveway. Persons owning or accupying places of busi- ness within the Village shall keep the sidewalk and private parking area in front of or servicing their business premises free of litter. 9.107 Litter in Parks. No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein~ 9.108 Litter in Lakes and Streams. No person shall throw, deposit or permit the scattering of litter in any pond, lake, stream, or any other body of water in a park or elsewhere within the Village. 9.109 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. 9.111 Owner to Maintain Premises Free of L~tter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Pro- vided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 9.112 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Material. No person shall permit, deposit or maintain on any real property under his control, whether owned by such person or not, any outhouse, privy, vault, sick or unsound flesh, meat, fish~ skin, carcass or any other unwholesome or offensive substance, liquid or thing whatsoever, which is nauseous, dangerous, unhealthy or uncomfortable to or for the neighborhood. 9.11~ Unhealthy or Offensive ,Substances- No person shall permit, deposit, or maintain on any real property under his control, whether owned by such person or not, any dead animals, or animal, vegetable, excrement or other substance which is fou"l, nauseous, or unhealthy, or which by decomposition shall become offensive unless the same be buried at least three (3) feet under the surface of the ground. 9.115 Maintaining Animals or Birds. No person keepingoor maintaining dogs, cats, horses, cattle, swine, sheep, goats, min~, foxes, muskrats, racoons, poultry, pigeons, hamsters, rabbits, or other animals on any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation of manure, litter or other foul, nauseous, or unhealthy substances. 9.116 Horses on Public Streets. No person shall ride, herd or drive horses on the public streets of the Village¥ if said street has a permanent wearing course in place, such as bituminous asphaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Ma. inta!n{ng Animals orBirds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except in conformity with the minimum lot or parcel area limitation specified below: (a) For the first of any such animal, or the first six of such fowl or bird., a minimum lot area of not less than 54,450 square feet. (b) For each additional such animal or bird, or fowl, not less than 10,890 square feet. 9.118 Defense to Prosecution. It shall be a sufficient defense to prosecution under this Ordinance that the accumulation of manure, yard clip- pings, leaves or putrescible solid wastes, except garbage, permitted or maintained was done as a well defined, suit- ably screened, compost, and in such a manner as not to attract flies or vermin, nor result in foul or nauseous odors offensive to adjacent residents or any considerable number of members of the public. 9.119 Clear.i.nK of Litter and Unhea!t. hy Offensive Substances from Private. Pr0pe.rty bY Village. Subd. (1) Notice to Remove. The Building Inspector is hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner ~o~properly dispose of litter and un- healthy or offensive substances located on such owner's property which is either a nuisance or dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address. For purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Treasurer, but other appropriate re- cords may be used for this purpose. Subd. (2) Action Upon Non-Compliance. Upon the failure,neglect or refusal of any owner or agent so notified to properly dispose of litter or unhealthy or offensive Substances dangerous to the public health, safety or welfare within five (5) days after receipt of written notice pro- vided for in Subd. (1) above, or within eight (~) days after the date of such notice in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of said owner, or agent~ the Building Inspector is hereby authorized and impowered to pay for the disposing of such litter or unhealthy or offensive sub- stances or to order its disposal by the Village. Subdo (3) Charges Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or of- fensive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of six per cent (6%) per annum from the date of the completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property and a bill therefor shall be forwarded promptly to the owner by the Village, and such charge shall be due and payable by said owner within ten (10) days from the date of billing. Subd. (4) Assessment. The cost of removal shall be a~lien against the real property. On or before September 1st of each year the Clerk-Treasurer shall list the total unpaid charges for such service against each separate lot or parcel for which they are attributable under this Ordinance. The Council may then spread the charges against property served as a special assessment and certify such charges to the County Auditor for collection for the following year along with current taxes in the manner provided by Minnesota Statutes 1961, Section 429.061~ 429.081, but the assessment shall be payable in a single installment. 9.121. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. 9.122. Repeal. Ordinance No. 58-3, Chapter 82 is hereby repealed. 9. 123. Effective 'Date. This ordinance shall take effect and be in force from and after its passage and publication." Passed by the Village Council this · 1967. __day of ATTEST: Mayor Clerk-Treasurer Published in the New Hope-Plymouth Post the ,1967. . day of ORDINANCE NO. 67-// CHAPTER 9 AN ORDINANCE REGULATING CERTAIN NUISANCES, PRO- VIDING FOR THE PROTECTION AND PRESERVATION OF T~ PUBLIC HEALTH BY REGULATING THE KEEPING OF CERTAIN ANINALS, PROHIBITING THE THROWING OR DEPOSITING OF LITTER ON PUBLIC PLACES, CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN FOR VILLAGE CLEARANCE, AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF The Village Council of the Village of New Hope does ordain: "9 IO0 PUBLIC NUESA~N~ES, U~HOLESOME A~ ~~v · _ ........ ~ ....~. LITTER A~ AN~L REGULATIONS 9.10! Definitions. The following words and' phrases, when used in this Ordinance, shall have the meanings as set out herein: Subd. (1) ~uthor~zed Private Receptacle. ~Authorized Pri~ate Receptacle** is a litter s~orage and collection receptacle of the type authorized in Section 9~ o~igh~s,:;o~inaBce. Subd. (2) Garbage~ "Garbage~ is putrescible auimai and vegetable wastes resulting.from the .... b~H~'~*__..=~ preparation, cooking and consumption of food. S~Dd. ~3) Litter. '~Litter~ is "garbage,~ ~refuse,~' and '~ru~Dbish as d~fined herein and all other waste material ~hich, 5f thrbwn or deposited-as herein prohibited, tends to crea~e a nuisance or dan§er to public health, sa~e~y and ~elfare. Subd. (4) Park· "Park" is a park~ reservation, playground, beach,· recreation cen~er or any other public area in the Village, owned or used by the Village and devoted to active or-passive recreation. Subd. (5) Private Premises. "Private Premises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or con- tinuously uninhabited or vacant, and shall include any yard, grounds., 'walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Subd. (6) Public Place. "Public Place" is any and all streets, sidewalks, boulevards,, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Subd. (71) Refuse. "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes), dead animals, abandoned automobiles, and solid market and indus- trial wastes. Subd. bbish. "Rubbish' is nonputrescible solid wastes con- sisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, card- board, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, construction remnants including but not limited to sheet rock, electrical, plumbing, roofing scraps, lumber, galvenized metal, concrete, plaster, trees or shrubs removed during construction, and similar materials. 9.102 Auth0ri.zed Private Receptacles. The following containers shall be deemed authorized as private receptacles for collection: Subd. (1) Garbage~_ Garbage containers shall be made of metal, equipped with suitable handles and type fitting covers, and shall be water tight. (a) .Capacity: Garbage containers shall have a capacity of not more than 21 gall'ohs. (b) ..Sanitation: Garbage containers shall be of a type approved by the Building Inspector and shall be kept in a clean, neat and sanitary condition at all times. Subd. (2) A_shes. Ash containers shall be made of metal and have a capacity of not more than ...f/ gallons. Subd. (3) Rubbish. Rubbish containers shall be of a kind suitable for a collection purposes, and shall be of such weight that they can be handled by one man, when filled with reasonable and normal rubbish or refuse. 9.103 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in authorized private receP- tacles for collection. 9.-104 Placement of L~tter in Reeep~ac. les to Prevent..Scatterigg.t Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. 9.105 Sweeping Litter Into Cutter~....Proh%btted. No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Person owning or occupying property shall keep the sidewalk in front of their premises free of litter. 9.106 Merchants' Duty to Keep S.~dewalk F~ge of Li.t~er.. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private side- walk or driveway. Persons owning or accupying places of busi- ness within the Village shall keep the sidewalk and private parking area in front of or servicing their business premises free of litter. 9.107 Litter i.n Pa~ks. No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 9.108 Litter in Lakes and Streams. No person shall throw, deposit or permit the scattering of litter in any pond, lake, stream,.or any other~body of water in a park or elsewhere within the Village.~ 9.109 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elementsupon ,any street, sidewalk or other public place or upon any private property. 9.111 Owner~_to Maip. t?,~in ..Premises Free of The owner'or person in control of any private property shall at all times maintain the premises free of litter. Pro- vided, however,.that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 9.112 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Material. No person shall permit, deposit or maintain on any real property under his control, whether owned by such 'person or not, any outhouse, privy, vault, sick or unsound flesh, meat, fish~ skin, carcass or any other unwholesome or offensive substance, liquid or thing whatsoever, which is nauseous, dangerous, unhealthy or uncomfortable to or for the neighborhood. 9.114 Unhealthy or Offensive Substances. No person shall permit, dePosit, or maintain on any real property under his control, whether owned by such person or not, any dead animals, or animal, vegetable, excrement or other substance which is fou-'l, nauseous, or unhealthy, or which by decomposition shall become offensive unless the same be buried at least three (3) feet under the surface of the ground. 9.115 Maintaini.ng Animals or Birds. No person keeping~or maintaining dogs, cats, horses, cattle, swine, sheep, goats, mink, foxes, muskrats, racoons, poultry, pigeons, hamsters, rabbits, or other animals on any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation of manure, litter or other foul, nauseous, or unhealthy substances. 9.116 Horses on Public Streets. No person shall ride, herd or drive horses on the public streets of the Village~ if said street has a permanent wearing course in place, such as bituminous asphaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Maintaining Anim~,ls or B.irds. No person shall keep or maintain any horse, cow, goat, mink,~ fox, chicken, turkey (or any other fowl), except in conformity with the m~nim~_~o~t or parcel area limitation specified below: (a) For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. (b) For each additional such animal or bird, or fowl, not less than 10,890 square feet. 9.118 Defense to Prosecution. It shall be a sufficient defense to prosecution under this Ordinance that the accumulation of manure, yard clip- pings, leaves or putrescible solid wastes, except garbage, permitted or maintained was done as a well defined, ~uit- ably screened, compost, and in such a manner as not to attract flies or vermin, nor result in foul or nauseous odors offensive to adjacent residents or any considerable number of members of the public. 9.119 Clear%n~..of Litte~...and Unheal. thy offensive Substances from Private Property by Village. Subd. (1) Notice to Remove. The Building Inspector i~ hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner ~o.~:.properly dispose of litter and un- healthy or offensive substances located on such owner's property which is either a nuisance or dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address. For purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Treasurer, but other appropriate re- cords may be used for this purpose. Subd. (2) Action Upon Non-Compliance. Upon the failure,neglect or refusal of any owner or agent so notified to properly dispose of litter or unhealthy or offensive substances dangerous to the public health, safety or welfare within five (5) days after receipt of written notice pro- vided for in Subd. (1) above, or within eight (8) days after the date of such notice in the event the same is returned to the!Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of said owner, or agent, the Building Inspector is hereby authorized and impowered to pay for the disposing of such litter or unhealthy or offensive sub- stances or to order its disposal by the Village.. Subd. (3) Char~es Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or of- fensive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of six per cent (6%) per annum from the date of the completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property and a bill therefor shall be forwarded promptly to the owner by the Village, and such charge shall be due and payable by said owner within ten (10) days from the date of billing. Subd. (4) Assessment. The cost of removal shall be a~iien against the real property, On or before September 1st of each year the Clerk-Treasurer shall list the total' unpaid charges for such service against each separate lot or parcel for which they are attributable under this Ordinance. The Council may then spread the charges against property served as a special assessment and certify such charges to the County Auditor for collection for the following year along with current taxes in the manner provided by Minnesota Statutes 1961, Section 429.061, 429.081, but the assessment shall be payable in a single installment. 9.121. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. 9.122. Repeal. Ordinance NO. 58-3, Chapter 82 is hereby repealed. 9. 123.. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication." Passed by the Village Council this ll%h day of .,~1967. ATTE ST: /~ . C~/~reasurer Mayor Published in the New Hope-Plymouth Post the ,1967. __.day of THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly swam, on oath says he is and during all the times herein stated has been the }'resident of Thc Post Pllblishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST an(} has full knowlec}ge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in nev~paper format and in column and sheet form equivalent in printed space to at least 9/)0 square inches. (2) .Said newspaper is a weekly and is ~lfstributed at least once each week. (3) Said newspaper has 5/)1% of its news cot~mns devoted to news o£ local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made l~p entirely of patents, plate matter anclJ advertisements. (4) Said newspaper i.s circulated in and near the mtmlcipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, t~as an average of at least 75% of its total circulation currcntlty ~aid or no more than three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of l-Iennepin and it has its knowr~ office of issue in the City of Cmystal in said county, esta'b- li~hed and open during its regular business hours ~for the gathering of news, sale of advertisements and sale of subscriptions an~ maintained by the manaElng officer of said newspaper or persons in its employ andl subject to his ~ireation and control during all such regular hours and at whioh time said, nev~p~per is printed. (6) Said newspaper files a copy of each issue immediately with the State I-[istoricai Society. newspaper has complied with al.1 the foregoing conditions for at least two years preceding the day or dates o£ publicatlon 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. lie further states on oath that the printed... Oi/.(~.'... ~...2.[,~/. ...... ~~ .... ....... .................................................................. hereto attached as a part hereof wa~ eat from the columns of said newspaper, and was printed and published therein in the English Ianguage, once each week, for../...snccesslve weeks; that it ........ ........ .... 19..l~..t and was thereafter l~rlnted and pnb.llsbed on every .......................... to and Baeluding 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 compoaiti~on and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--7Vz pt. Excelsior aBcdefghijklmnopqrsiuvwxyz~7~ Memphis Bold ................. Subscribed and sworn to before me this ....... .~.~.. ...... day of...~.~ ...... A.D., 19..~,.7. (NOTARIAL .SEAL) [~ct~ Notary Public~ ........................ County~ Minnesota My Commission Expires ..................... TH Thursday', August 3, 1967 ORDINANCE NO. &7.!l ' CHAPTER 9 _Villsge of New Hope, Minnesoti AN ORDINANCE' REGULATING CERTAIN NUISANCES, PROVIDING FOR THE PRO- TECTION AND PRESERVATION OF THE PUBLIC HEALTH BY REGULATING ThE KEEPING OF CERTAIN ANIMALS, PRO- HIBITING THE THROWING OR DEPOSITING OF LITTER ON PRIVATE PREMISES; PRO- VIDING A LIEN FOR VILLAGE CLEARANCE AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF The Village Council of the Village of New Rope does ordain: ,,9.100 PUBLIC NUISANCES, UNWHOLE- SOME AND UNHEALTI~Y LITTER AND ANIMAL REGULATIONS. 9.101' Defiultion~. The following words and phrases, when used in this Ordinance, shall have the m'san- ings as set out herein: Subd. (1) Authorized Private Receptacle. "Authorized Private Receptacle" is a litter Storage and .collection receptacle of the tYPe authorized in SeCtion 9.102 of this ordinance. Subd. C2) Garbage. "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. (3) Litter. "Litter" is "garbage," "refuse," and ',rubbish" as defined herein and ail other waste material which, if thrown 'or dej~osited as herein prohibited, tends to create a nuisance or danger to public health, safety and weffare. Subd. (4) Park. "Park" is a park, reservation, play- ground, beach, recreation center or any other public area in the Village, owned or used by the Village und.devoted lo active or passive recreation. Subd. (5) Private premises. . '*Private Premises** is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, wbethur'inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, perch, steps, vestibule or mailbox belonging or appurtent to such dwell- lng, house, building, or other structure. Subd. (6) Public Plane~ "Public Place" is an}* and all streets, sidewalks, boulevards, .alleys or other pel~. lic ways and any and all public parks, squat;e~, spaces, groonds, ~nd buildings. Subd. (7) Refuse. ts all ?utroscthle and non- putrescible solid wastes (except body wastes), dead animals, abandoned automobiles, and . .s0lid market and industrial wastes. Subd. (8) Rubbish. "Rubbish" is nonputroscible solidwastes consisting-of both combustible and non- combustible wastes, such as paper, wrap- pings, cigarettes, cardboard, tin cans, yard clippings, lea~ns, wood, glass, be~ding, crockery, construction {'emnants including but not limited to sheet rock, electrical, plumbing, robing sqraps, lumber, galvonized metal, concrete, plaster, trees or shrubs r~moved du~-'i~g c~nstru~tion, and similar materials. 9o102 Authorized Private Receptacles. The folio~tng,contain~s Shall be deemed · author~ed an, ~tvate rec~p/aclos for col- lection: i ' ~ ' -. ' 9.1~09 Litter oo Occupied Pri.vate Prop* erty. No person shall throw or deposit litter on any occupied'private prope/'ty within the Village, whether owned by such person or not, except that the owner or person in control, of private property may. maintain a~thorized private receptacles for collection in such a manner that litter will he pre- vented from being carried or depesited by the elements ueon.any Street, sidewalk or uther public 1)lace or upen any private property. 9.111 Owner to Matutain Premises Free of Litter. The owner or person i~ control of private property shall at all times maintain the premises free of litter. Provided, how- ever, that this Section shall nut prohibit the ' storage of titter in authorized pri{,ate receptacles for colle~tion. 9.] {2 Litter on Vacant Lots. No person shall throw pr deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Ma- terial. No person shall permit, deposit or main* rain on uny real property under his con- trol, whether owned by such person or nut, uny outhouse, privy, vault, sick or unsound flesh, meat, fish, skin, carcass or any other unwholesome or offensi~,~ substance, liquid or thing whatsoever, which is nauseous, dun~erous, unhealthy or 'uncomfortable to or f~ the neighborhood. 9.114 Unhealthy or Offensive Substances. No person shall permit, deposit, or main- taln on any real property under'his control, whether owned by such person or not, uny dead animals, or animal, vegetable, ex- crement or other substance which is foul, nauseous, or unhealthy, or which by de* composition shall become offensive unless the same be buried at least three (3) feet under the surface of the ground. 9.115 Maintaining Animals or Birds. No person keeping or maiutalnir~ dogs, cats, horses, cattle, swine, sheep, goats, mink, foxes, muskrats, racoons, poultry, pigeons, hamsters, llabbits, or otheranimals un any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation manure, litter or other foul, nauseous, or unhealthy substances. 9;I 16 Horses 'on Public Streets. No persan shall ride, herd or drive horses on the public streets of the Village,. if said street has a permanent wearinl course in place, such as bRuminons an- phaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Maintaining Animals or Birds. No person shall keep. or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except' in with the minimum lot t!on ~-pecified below: (a) For or t a minimum lot area of not ] 54,450 square feet. Co) For each bird, or fowl, square feet. It tion putrescibl~ repealed; AT.TEST: BETTY POULIOT (Publishec Post AO~ust 0V- /~-- ORDINANCE NO. f~ CHAPTER llC AN ORDINANCE AMENDING ORDINANCE NO. 59-1, CHAPTER 11, ENTITLED "AN ORDINANCE REGULATING THE SUBDIVISION AND PLATTING OF LAND IN THE VILLAGE OF NEW HOPE, PROVIDING FOR THE INSTALLATION OF IMPROVEMENTS BY THE SUBDIVIDER; PROVIDING FOR THE IMPOSING OF PLAT APPROVAL FEES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PRO- VISIONS; ANDDESIGNATING SAID ORDINANCE AS CHAPTER 11 OF THE VILLAGE ORDINANCES AND REPEALING THE EXISTING RESOLUTIONS PERTAINING TO PLATTING". The Village Council of the Village of New Hope ordains: Section 1. Ordinance No. 59-1, Chapter 11, adopted February 24, 1959 and entitled "An Ordinance Regulating the Sub- division and Platting of Land in the Village of New Hope, Pro- viding for the Installation of Improvements by the Subdivider; Providing for the Imposing of Plat Approval Fees; and Prescribing Penalties for the Violation of its Provisions; and Designating said Ordinance as Chapter 11 of the Village Ordinances and Re- pealing the Existing Resolutions Pertaining to Platting", as amended, is further amended to read: Section 2. Subsection 2 (x) is amended to read as follows: (x) "Village Plan" is a comprehensive plan adopted by the Village Council, indicating the general locations recommended for the various functional classes of public works, places and structures, and for the general physical development of the Village of New Hope and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Section 3. Subsection 5 A is amend~e~_ to read as follows: A. Procedure. Before dividing any tract of land into two or more lots or parcels~ an owner or subdivider shall, unless a v~~ is authorized, file with the Clerk-Treasurer: a. Six copies of the preliminary plan. be A cash fee of $25.00 plus one dollar ($1.00) for each lot. This fee will be for the payment of the expenses of the Village in connection with approval or disapproval of said plan and any final plat which may thereafter be submitted. 2. The Clerk-Treasurer shall then: Be Set public hearings on the preliminary plan, such hearings to be held by the Planning Com- mission and Council respectively on the first and second Tuesday of the first month fol- lowing, which permits proper notice. Notice of the hearing before the Council shall be published in the official newspaper at least ten days prior to the hearing, and notice of the Planning Commission hearing shall be pub- lished at least three days prior to the hearing. The Clerk-Treasurer shall mail notice of the public hearing to the Village Council, Planning Commission, Village At- torney, Engineers and Building Inspector and to the owners of properties abutting the proposed plat insofar as such owners can be readily determined from the Village records, such mailed notice to be deposited in the U. S. Mail not less than three days prior to the hearing before the Planning CoL~Lission. Refer two copies of the preliminary plan to the Planning Co~ission for its examination and report and one copy to the Village Engi- neer for his examination and report. Copies of the report of the Village Engineer shall be given to the Planning Commission and the Village Attorney within fifteen days, and if possible at the meeting of the Planning Com- mission, in~ediately following receipt of the preliminary plan by the Clerk-Treasurer. The Planning Co~m~ission shall have the prelimi- nary plan on its agenda at its next regular meeting following referral from the Clerk-Treasurer. ~ ~ -2- ® The Planning Commission shall make a report to the Council on or before the second regular meeting of the Planning Commission following referral by the Clerk-Treasurer. ® The Council shall act on the preliminary plan within sixty (60) days of the date on which it was filed with the Clerk-Treasurer. If the re- port of the Planning Commission has not been.re- ceived in time to meet this requirement, the Council may act on the preliminary plan without such a report. Failure by the Council to act on the application within sixty (60) days shall i?~e deemed approval. e If the preliminary plan is not approved by the Council, the reasons for such action shall be recorded in the proceedings of the CounCil and transmitted to the applicant and to the Planning Commission. If the preliminary plan is approved, such approval shall not constitute final acceptance of this subdivision. Preliminary approval shall confer upon the sub- divider the right for a three-year period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be changed. Section 4. Subsection 6 A is amended to read as follows: A. Procedure. The owner or subdivider shall file with the Clerk- Treasurer twelve (12) copies of the final plat. The final plat will have incorporated all changes or modifications required by the Council, other- wise it shall conform to the preliminary plan and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at that time, pro- vided that such a portion conforms with all the requirements of this ordinance in effect at the date of approval of the preliminary plan. Such final plat shall be filed not later than three months after the date of approval of the -3- 0 preliminary plan; otherwise the preliminary plan and final plat will be considered voidunless an extension is requested in writing by the sub- divider and for good cause granted by the Coun- cil. When only a portion is initially recorded, the subdivider may thereafter file with the Clerk-Treasurer twelve (12) copies of the final plat of other portions of the approved prelimi- nary plan which the subdivider proposes then to record and develop, provided that such later portions likewise conform to all the require- ments in effect at the date of said approval. In all event, final plats on such other portions shall be filed not later than three years after the date of approval of the preliminary plan, otherwise it shall be considered void unless an extension is requested in writing by the sub- divider and for good cause granted by the Coun- cil. The owner or subdivider shall also submit an up-to-date certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant at the time the final plat is submitted. The cost of the title examination shall be borne by the sub- divider. The Clerk-Treasurer shall refer one copy of the final plat to the Planning Commission, one copy to the Village Engineer, and a copy each to the telephone, power and gas companies. The ab- stract of title or registered property report together with a copy of the final plat shall be referred to the Village Attorney for his exami- nation and report. The Village Attorney's re- port and Village Engineer's report shall be given to the Council within twelve (12) days. The Planning Commission may at its discretion sub- mit a report to the Council. The Council shall act on the final plat within sixty (60) days of the date on.which it was filed with the Clerk-Treasurer. Failure by the Council to act on the final plat within sixty (60) days is deemed approval. The grounds for any refusal to approve a final plat shall be set forth in the proceedings of the Council and reported to the applicant and the Planning Commission. -4- If a final plat is approved by the Council, the subdivider shall record it with the County Register of Deeds or Registrar of Titles with- in ninety (90) days after the date of approval; otherwise,the approval of the final plat shall be considered void unless the Council for good cause does by resolution, adopted~ either before or after said ninety (90) day period, extend the period in which the subdivider shall record the plat before its approval becomes void. The subdivider shall, immediately upon recording, furnish the Clerk-Treasurer with a print of the final copy showing evidence of the recording. Section 5. Subsection 6 B.11. is amended to read-as follows: 11. '~ul-de-Sac'~.~ Maximum length cul-de-sac streets shall be 500 fee~' measurered along the center line from the intersection of origin to end of right-of-way, unless there are 18 or less lots abutting the cul-de-sac· Each cul-de-sac shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 90 feet, and a street property line diameter at least 120 feet. Section 6. Subdivision 2 of Section 7 is amended by adding thereto and inserting it at the end of said subsection the following sentence: 'The streets and the proposed subdivision plats shall conform with the official map or maps." Section 7. Subsection 3 g (d) (2) (bb) of Section 7 is amended to read as follows: (bb) "not less than 60 feet in width at the front lot line, provided that on a cul-de-sac such dimension may be less than 60 feet but not less than 40 feet'~ Section 8. Subsection 4 (b) of Sectionals amended to read as follows: - 5 - to read: (b) '~11 cul-de-sacs shall have turnarounds the p~ements of which shall have minimum diameter of ninety feet." Section 9. Subsection 4 (g) of Section~is amended (g) "Street trees having a trunk diameter (measured 12 inches above the ground) of not less than two inches shall be planted along all streets where trees do not exist, one to a lot, and not more than 75 feet and not less than 40 feet apart. This requirement will be satisfied, and it is preferable if an equivalent number of trees of the same size exist or are planted in a naturalistic way in the front yards of~the adjoining lots. Only Green Ash, Linden, Sugar Maple and long-lived hardwood shade trees other than Elm or Box-Elder shall be planted. These shall be planted in at least one cubic yard of growing soil." Section 10. Subsection 10 D as amended by Ordinance No. 59-7, is further,~amended by deleting it in its entirety and adding the following: D. Street Surfacing. Ail streets and alleys shall be surfaced in accordance with the following specifications: Standard Gross Section: Ail residential streets shall be constructed to conform to the New Hope Standard Street Gross Sections as shown on Standard Detail Drawings 10lA through 108A. e Procedure: Street construction shall proceed in the following manner unless otherwise approved, in writing, by the Engineer: (A) After the design street grades have been approved by the Engineer, the street shall be cut to the approved grade and immediately subcut to the elevation of the bottom of the base. Ail unstable material shall be removed and backfilled with stable material as approved by the Engineer. The subgrade centerline shall be profiled prior to in- stallation of utilities to insure compliance with design grade and the profile submitted to the Engineer for his approval. - 6 - The Contractor may provide a temporary gravel surface suring installation of utilities and construction of homes sufficient to carry traffic. Temporary drainage shall be maintained at all times. No permanent drive- ways shall be constructed in the right-of-way until after the installation of concrete cub and gutter. The Contractor shall provide a bituminous dust coat, at his own expense, if required by the Engineer. (c) Concrete curb and gutter shall be constructed, upon approval of the Engineer, only after all utilities and services are in place. Boulevard sod, boulevard trees and street signs shall be installed after completion of curb. Prior to placing permanent gravel base~ the subbase shall be regraded as necessary to provide for a full 8" of acceptable gravel base. Ail soft spots and settlement shall be eliminated. Any gravel base placed as temporary gravel surfacing that is contaminated with subgrade material shall be removed. After the subbase has been approved by the Engineer, the Contractor shall place and compact the permanent gravel base. Ail manholes, catch basins and gate valves shall be adjusted to the design grade by the Contractor prior to paving. (E) No paving shall be allowed until the base has been in- spected and approved by the Engineer. There shall be a paving inspector furnished by the Village on the job site at all times and the Contractor shall notify the Engineer in sufficient time, no less than 24 hours prior to paving, to schedule an inspector to be present. (F) A light sand seal coat shall be applied to the finished street. Seal coat shall not be applied until all soft spots or breakups have been repaired and until the adjustment of all manholes, catch basins and gate valves have been checked by the Village. Construction Requirements: Construction shall be in accordance with all requirements of the most current Minnesota Department of Highways specification sections hereinafter referred to unless specifically changed herein. (A) Cm D (1) Construction procedure and methods shall be in accordance with M.H.D. Specification Sections 2105, 2106 and 2110. - 7 - (2) The entire right-of-way shall be graded to the approved design grade as shown on Detail Plate 10lA. (3) It shall be the responsibility of the Contractor to protect from damage all existing utilities and shall repair immediately any damage thereto. The Contractor shall remove immediately any sand, gravel or other material from the manholes, catch basins or gate valve boxes at his own expense. (B) CONCRETE CURB A~ GUTTER AND DRIVEWAY APRONS (c) (1) Construction procedure and methods shall be in ac- cordance with M.H.D. Specification Section 2531, and in accordance with Standard Detail Drawing 108A. (2) No curb shall be installed without approval of the Engineer. (3) Where curb is to be installed over service trenches less than one (1) year after installation of utilities, special compaction shall be required over said trenches. Two (2) #4 reinforcing bars shall be im- bedded in the curb to extend not less than five (5) feet beyond each edge of said trench. This re- inforcing is required regardless of when curb is placed. (4) Any damaged or broken curb or any curb not meeting the above specifications shall be removed immediately upon written order by the Engineer and replaced at the Contractor's expense. (5) A concrete driveway apron extending from the back of the curb to the property line shall be constructed in accordance with details shown on Standard Detail Plate 106A. BASE (1) Construction procedure and methods shall be in accordance with M.H.D Specification Section 2202. (2) (3) Glass 5 gravel base shall be used. Test results of the base material shall be submitted for approval to the Engineer to verify compliance with Section 3138 of the M.H.D. specifications prior to installation. -8- (4) gs) Any temporary gravel surfacing above the design subbase that does not meet a Class 5 gravel specification shall be removed. No permanent gravel base shall be constructed until the subbase has been inspected and approved by the Engineer. (D) SURFACING (1) Construction procedure and methods shall be in ac' cordance with M.H.D. Specification Section 2331. (z) Copies of test reports and proposed mix proportions shall be submitted to the Engineer for his approval and shall designate the amount and type of materials to be used for prime and seal coat. (3) Two hundred (200) pounds per square yard of surfacing mix shall be applied in one layer. (4) Paving will be permitted only after base has been inspected and approved by the Engineer. (5) An inspector furnished by the Village shall be on the job site during the paving construction. SEAL COAT (1) Construction procedure and methods shall be in ac- cordance with M.H.D. Specification Section 2357. (2) Seal coat shall not be applied less than two (2) months after completion of paving and shall not be applied without approval of the Engineer. (3) Seal coat'may be delayed one (1) year from com- pletion of paving. (4) An inspector furnished by the Village shall be on the job site during the seal coat application. SOD, BOULEVARD TREES~ STREET SIGNS (1) Construction procedure and methods for sod shall be in accordance with M.H.D. Specification Section 2576. -9- (2) Sodding shall be done after completion of curb and gutter. (3) Ail water service curb boxes shall be adjusted to grade at time of installation of sod. (4) It shall be the responsibility of the Contractor to protect all survey monuments and property irons and shall replace any that are disturbed or des- troyed. (5) One (1) 2" caliper Green Ash or approved equal shall be planted five (5) feet behind back of curb at the approximate center of each lot, but not over sewer service~ (6) Street signs shall be located at each intersection as shown on Standard Detail Plate 104A and shall be in accordance with Standard Detail 103A. Inspection: Inspection necessary to determine compliance with the above specifications will be provided by the Village. The Contractor shall notify the Engineer in sufficient time to schedule inspectors as necessary; in no case shall such notice be less than 24 hours prior to anticipation of work. Faulty Work: Any work which, in the opinion of the Engineer, does not meet the above specifications shall, upon written order from the Engineer, be removed immediately and replaced and corrected by the Contractor at his own expense. The cost of all inspection and supervision required to insure correction of the unacceptable work and all tests necessary to insure that such faulty work has been corrected shall be paid for by the Contractor. The Village will not accept any street for permanent maintenance until after correction of faulty or unacceptable construction. Incorporation. Minnesota Highway Specifications Sections 2105, 2106, 2110, 2202, 233I, 2357, 2531, 2576 and 3138 are hereby incorporated by reference as though full set forth herein. Three copies of said specifications shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words, "The Village of New Hope - official copy". Standard Detail Drawings 10lA through 108A, are hereby incorporated by reference as though fully set forth herein. Three copies of said drawingsshall be filed by the Clerk- Treasurer in his office for inspection and use of the public and shall be marked with the words, "The Village of New Hope - official copy"., - 10 - Section 11. Said Ordinance No. 59-1 is further amended by adding thereto and inserting therein after Section 14 the following to be known as Section 14A: "Section 14A: Restrictions in filing and recording Conveyances. No conveyance of land shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 20, 1961, or to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (a) Was a separate parcel of record on March 12, 1959, or (b) Was the subject of a written agreement to convey entered into prior to such time~ or (c) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966, or~as~a single parcel of land of not less than five acres and having a width of not less than 300 feet. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the pro- visions of this section shall forfeit and pay to the Village a penalty of not less than $100.00 for each lot or parcel so conveyed,t' Section 12. This ordinance shall take effect and be in force from and after its passage and publication. - 11 - Passed by the Village Council of the Village of New Hope on the ~ day of "~' ~t~ I~? Attest: ~T~reasurer Published in the North Hennepin Post on the ~ . day of - 12 - THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO'UNTY OF HENNEPIN SS. E. C. L'Herauit, being d.~ly sworn, on oath says he is and~ during all the tlmes herein stated has been t~he l~resident of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and' has full knowledge of the facts herein stated as follows: (1) Said newspaper is printedr in the English language in new~paper roi*mat and in column and sheet form equivalent in printed space to at least 901) square inches. (2) .Said newspaper is a weekly and is ~listrlbuted at least once each week. (3) Said newspaper tins 50% o~f its news ~ol~mns devoted to news of local interest to the community which it purports to serve and does not wlmlly duplicate any other publication andi is not made up entirely of patents, plate matter and~ advertisements. (4) Said newspaper is circulated in and near the municipality which it p~.rports_.to serve., h.as. ,at !east 5.00 copies regularly dmlivered to .paying subse,r,iber, s, ttas an aver.age of .at least 7.5°/? .of its .t.o. tai.ctr, c?Aa~tj.o~ currently ~aid or no more than three months in arrears ano nas entry as aeconu-ciass ma~er in post-office. (5) Said newspaper ,purports to serve the Villages of New Hope and Plymeuth in the County of I-Iennepln and it has its knovom office o~ issue in the City of .Crystal i~ said county, ostab- llshed and. open during its regular business hours ~er the gathering of nears, sale of ~dvertisements and sale of subserlptions and. maintained By the managing officer of said newspaper or persons in its employ and~ subject to his dlrection and~ control during all such regular liners and at which time said~ nev~si~per is prh~ted. (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 affklavit in the form prescribed by the Secretary of Stato and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pmblished therein in the English language, once each week, for.../...successlve weeks; that it was first so published on ........ A ~.~..~(~L~.~.~ ...... the....~..., day of.~y~-~.. 19.~.Yand was thereafter printed and published on every .......................... to and including t~e. ~ ........ 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 composlt~on mad publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext . a~cdefghijklmnopqrstuvwxyz~7¥~ pt. Excelsior abcdeI~hiiklmnolxt~stuvwxyz~?~/z Memphis Bold ....... Subscribed and sworn to before me .......... (NOTARIAL SEAL) ~ ~i- Notary Public .............. """""'~ My Commission Expires ..................... ~ .... 19 ...... OIDINANCE NO. 61-12 - CHAPTER I lC Villsge of New Hope, Mianesois A~ ORDnAnCE AME~G OR~CE ORDiNAnCE REGULATING TH~ SUBDIVI- SIO~ A~D P~TTI~G OF L~SI} !~ THE VILLAG~ OF NEW HOPE, PROVID~G FOR THE INSTALLATIO~ OF IMPROVEMEN~ BY THE ~BDIVID~R: PROVID~G FOR IMPOSING OF PLAT APPROVAL FEES; A~ PRE~RIBING PENAL~ES FOR THE VIOLA~ON OF ITS PROV~IONS; AND DES- IGNA~HG SAID ORDINANCE AS CHAPTER Il OF ~E VILLAGE ORDINANCES REPEAL~G ~E E~ST~G RESOLU~ONS PERTA~NG TO PLATING?' The Vill~e C~ncfl ~ the Vilhge ~ New 11, ~ F~arY 24, lgSg ~d eutttl~ "An Ordt~ce Re~lstIM t~ ~s~ '~ P~ttthK ~ ~ ~ the VlllMe ~ New Ho~, P~nK for the Z~ti0n prowmeats b~ the ~r; Pro~nK for the lmposthK ~ Plat AppTo~l Fees'. ~d PrescrS~ Pe~lties for the Y~o~tiou its Pro~sions; ~d ~si~tLn~ s~d O~di- ~ces ~d R~lin~ the ~tnK Reaolu- tio~ Pe~ththK to PlatflnK," ~ ~mended. is ~her ameod~ to read: Section ~. Su~tion 2 (x) ts Gmended'to re~d ~s follows: (x) "VlllaKe PI~" is a comprehansive p~n ~p~ed by the ~lliaKe Council. indicstinK the Keee~al l~tians rec- ommead~ for tbe ~T~ous ~n~ion~ c~sses ~ public works, pisces ~d ~ctures. ~d for the Keee~al ph~si- c~ ~velopment ~ the VHiaKe New Ho~ ~d in(lugs ~y ~it o~ and ~y ~meadment to such p~ pa~s there.. S~ti~ 3. SubsKti~ SA ts ~m~ to re&d as follows: A. Prec~re. 1. B~ore ~nK an~ t~act ~ la~ ~to two eT mote l~s or ~els. ~th the Clerk-~ea~rer: ~ Six c~iea ~ the pre~ml~r~ b. A canh f~ ~ $~5.00 pl~ fee ~11 be for fha payme~ ~ the e~e~es ~ the Yll~ i~ co~tion ~th approval eT ~y fl~ plat w~ch may theT~ ~tec be sabmiti~ 2. The Clerk-T~e~urer s~ll the~ · . S~ ~blic beGrthKs OU t~ limi~'pl~, such hearinKs to be held by ~e PI~nK Com- mtssiou ~d Co~ctl rea~- lvely on tbe fir~ ~d S~oud Tues~y ~the flr~ mo~h fol- lowi~K, ~ich permits pro~ n~ice. ~tce ~ ~e ben.aK ~ore the C~il shall ~ pu~ lisbed in ~e ~icial newspaper · t l~ ten ~ys p~or ~o the n~ 6ommlssi~ ~thK sh~l ~ pubtish~ ~ l~st ~r~ prior to the hearthK. The Clerk- Treasurer s~ m~l n~lce ~ the wblic be~inK to the missis, VHla~ Attorney. ~d to t~ o~ers ~ p~lea ~ti~ the pr~ p~t ins~ n~ice to ~ d~it~ tn the ~ys prior to the h~rinK fore ~e P~tnK C~mieaioa. ~ R~eT two c~les ~ t~ Hmi~r)' p~ to the Commisst~ t6r its ex~m~- ~ one c~ to his ~ th~ t~ ViilaKe ~n to the ad the ~ the Com- approval The the Council applicant mission. 4. If a final plat is appt~ovetlf by the 'Council, the subdivider~ sh~.ll cord it with the County ReVeler d' Deeds or Re~strar d Titles within ninety (90) days after the dute of approval; otherwin~, the approval of the final plat shall be considered void unless the CouncU for ~ cause does by resolution, sdopted either before or after s~ld ninety (90) day period, extend the period in which .the subdivider shall record the pint be/ore its approval becomes void. 5. The subdivider shall, immediately upon recordinG, furuish the Clerk- Treasurer with a print of the final copy showing evidence of the cordinG. Section 5. ~ubsection 6 B. 11. is amended to re~d as follows: 11. 'Cul-deoSac." Msximum length cul-de-sac streets shall be 500 feet measured alonl; theceuterline from the ]ntersectiou of origin'to end of riGht,of-way, mtleas there are 18 or less lots abutiin~ the cul-de-eac.' Each cul-de-sac shah be provided at the closed end ,with s turn-around having an outside . roadway diameter of at least 90 feet, and k street progerty line diameter at least 120 feet. Section 6. Subdivision 2 of Section ? is amended by adding thereto and inserting it at the end of said subsection the followingr sentence: "The streets and the proposed subdivision plats shall credere - with the otYicial mup~ or msps." Section ?. Subsection 3 G 'Cd) (2) (bb) of Section ? is amended to read as follows: ebb) "not less' than 60 feet in width ut the front lot line, provided that ou ~ Cul-de-sac such dtmansiou' my be less tlmn 60 feet but not less than 40 fe~t' Section 8. Subsectian 4 ~b) of Section 9 is amended to read as follows: (b) "All cal-de-ancs shall have turn° urounds the pavements o/ which shall have minimum diameter of ninety feet." Section 9. Subsection 4 (g) of Section 9 is smended to read: (g) ',Street trees havin~ a' trunk ameter (measured 12 inches above the ~ronnd~ of not less than two inches shall be planted alor~ all streets where trees do not exist, one to a lot, and not more than feet and not less than 40 feet apart. This requirement will be sniisfie~, and It is prefer'able if an equiealeut number of trees (~the s~me size exist o~ are planted in s naturalistic way in the front yards of the adjoining lots. Only Green Ash, Linden, Suer,Maple and lone~lived hard~vood slide trees other than Elm or Box- Elder shall be planted. These shall be planied in at least one cubic yard of growin~ soiL" Section I0. Subsection 10D ~s mended by Ordinance NO. 59-;, is further amended by deleting lt~ in its entirety ~nd sddlng the followinE: D. Street Surfacing. All streets ~nd alleys shall be sur/aced, in ac- cordance with the following spe- cLtlcatious: 1. Standard C russ Sedtion: AIl restdential ,streets shall be constructed to; con- form to the New Hope Standard Street Cru~s Sections ~s sbowa or, Standard Ddt~l Drawings 10lA through 108A. ~. prucedure: Street constructi~t proceed intbe following manner un- less other~tlse =ppreved, th wrttll~, by the Engineer: the (4) (5) ~ O) SUCtiO~ i (=) (3) STREET Cffication' i (5) Oue Chapter 13. AN ORDINANCE AMENDING AN ORDINANCE REGULATING THE USE OF LAND: THE LOCATION AND USE OF BUILDINGS AiqD THE ARRANGEMENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW HOPE~ MINNESOTA. The Village Council of the Village of New Hope ordains: Section 1. Ordinance No. 60-19, Chapter 13K, entitled 'tAn Ordinance Regulating the Use of Land, the Location and Use of Buildings and the Arrangement of Buildings on Lots in the Village of New Hope, Minnesota", as amended, be and the same is hereby amended as follows: Section 2. Subparagraph 6(a) of Section III t~istrict Provisions't, Subsection C '~Exceptions andAdditions to Above Minimum Requirements~ is hereby amended to read as follows: t'a. The shopping center will be located at an intersec- tion indicated as a potential shopping center area on the comprehensive municipal plan.'~ Section 3. Subsections A and B of Section V '~dministra- tion:, are hereby amended to read as follows: me Amendments to Zonin80r~.inance. An amendment to either the text of the zoning ordinance or the changing of zoning district boundaries (rezoning) may be initiated by the council, the planning commission, or by petition of affected property owners. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report and may not be acted upon by the council until it has received the recommendation of the planning commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning commission. A public hearing shall be held thereon by the planning commission after notice of the time, place and purpose thereof has been published in the official newspaper of the Village at least 10 days prior to the day of the hearing. The term ~affected property owner~ means any individual, firm, association, -1- syndicate, co-partnership, corporation, trust or any other legal entity having a legal or equitable ownership interest in the land in question. Rezoning' In addition to the foregoing, the.~ following provisions shall apply to rezoning: Property owners wishing to initiate rezoning df their property shall fill out a ~zoning formft, copies of which are available at the village hall. Such form shall be duly signed by the petitioners who shall recite therein, in such general terms or particularity as the planning commission or council may require, the nature of their legal or equitable interest in the property in question, and the change desired. The zoning form shall be accompanied by a fee of $~.00, to be used for the cost of processing the application. The zoning form shall be filed with the Clerk-Treasurer. The Clerk-Treasurer shall set a hearing on the application and shall publish notice of the hearing. When an amendment involves changes in district boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partly within 200 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the Clerk-Treasurer may use any appropriate records to determine the names and addresses of owners. A copy of the notice, a list of the owners and addresses to which the notice was sent shall be attested to by the Clerk-Treasurer and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made~ The hearing on the rezoning application shall be held by the planning commission at its first regular meeting following newspaper publication of the hearing, but not earlier than 10 days after publication. - 2 - The planning commission shall determine whether the proposed change conforms to its general land use plan. It shall make its recommendations to the council on or before the next regular meeting of the planning commission following the date the hearing on the petition is concluded. The Council shall take action on the application within 60 days following the recommendation by the planning commission. The person making the application shall be notified of the council's action. Section ~ Subsection D "Variances" of Section V, "Administration" is hereby amended to read as follows: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this ordinance, a variance may be granted. The difficulties or hardships must have to do with the characteristics of the land and not of the property owner. A person desiring a variance shall fill out and submit to the Clerk-Treasurer a "zoning form", copies of which are available at the village hall, together with fee of $15.00. Such form shall be duly signed by the petitioners who shall recite therein, in such general terms of particularity as the planning commission or board of appeals and adjustments may require, the nature of their legal or equitable interest of the property in question, and the change desired. If possible, the petitioner shall obtain the written consent of any adjacent property owners who might be affected by the variance. The Clerk-Treasurer shall refer the appeal or petition to the board of appeals and adjustments and a copy thereof to the planning commission. Section 5.. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this __~ day of ~ ~,~-- , 1967. Mayor C~-_~reasurer Published in the New Hope-Plymouth Post this ~ day of .~~'~ 1967. -ORDINANCE NO. 67-13 · Ck41~er 13. ~ O~INANCE AMENDING AN ORDINANCE R~U~T~ THE ~E OF ~ND. L~ AND USE ~ IUILDIN~ THE ARR~GEMENT OF ~ILDINGS LO~ IN ~E VILLAGE OF NEW MINN~T~ · ~ Villege of New H~, Minnesote~ ~ Vllla~ C~ncil of ~e Villa~ of New ~ o~ins: S~I~ 1. O~in~ce No. 60-1~ C~er 13K, entitl~ 'An Ordl~oce Re~latl~ U~. of Land, the L~ation and U~ of ~gs and Atonement of ~tldings Iff ~ VIlh~ of New Ho~, MiaMi,'* as ame~, ~ and the ~me is~byamen~ as f~lows: ~tJon 2. Su~a~g~ph ~a) of ~ction Ill ~'~rict Pro~slons~" ~ptions ~d Additions ~ A~ve M~imum Retirements' is he~ ame~ed ~ readas follows: 'a. ~ ~plng cen~r w~l at an ~r~tion indica~d as a ~nt~l ~ptng cen~r a~a on comprehensl~ m~ici~ ~tlon 3. Sub~ctions A and B of ~ction V "Administration," a~ ~ amerind ~d as follows: A. Amendments ~ Zon~g Ordi~nce. An amendment ~ either~e textof~e ~nlng ordi~e or t~ c~ngl~ of z~ dl~rict ~n~ries (~zoning) may ~ ~itJ~ted ~ ~e c~ncil, pl~ning commlasl~, or by ~titlon of affected pro~ o~rs. An amend- merit not Jnitiat~ by ~e planning commission ~ll ~ ~ferred ph~l~ commission for ~rt an~ may eot ~ ac~ ~e c~il until it has r~eived r~ommen~tion of ~e ~an~g como mission on t~ p~d ambient or unffi 60 ~ys ~ve elapMd f~m ~ of refe~nce of ~ amendment wi~ut a re~ ~ mission. A ~ic hearing s~ll bela tAereon b~ ~ pl~n~g comm is- s~n ~er ~ice ~ ~e time, ~d ~e ther~ h~ been publish- ~ in the ~ic~l newsier ~ the Vil- la~ at least 10 ~ys prior ~ of t~ hear~g. ~e ~rm "afl. ted P~' OWner' ~ea~s ~y vial, firm, as~tion, ~icate, ~y o~er le~ enti~ ~ving a le~l or e~i~le ~rship in~re~ ~e land in ~es~ ~. Re~l~. In ~ditloatotheforegoing, ~ foll~ p~vi~ons ~ll a~ly ~ ~ing: P~ ow~rs wishing ~ ~ of ~ir p~rty s~li fill ~t a *'zoning form/' c~les w~lcn are a~llable at ~e villa~ h~, ~ch form ~ll ~ ~ly si~ by ~ ~tlt~rs who ~1 recl~ ~re~ In ~ch ~ ~rms or ~rtlcularly as ~ ~gcommi~ si~ of c~ncil ~y ~ui~, ~re of ~ir le~ or form ~l ~ accom~i~ by a of p~ess~g ~ ap~licat~n. ~ng form ~11 ~ m~ wi~ 2. ~ Clerk-Trea~r ~11 ~t a ~ar~g ~ t~ a~l~afl~ and s~ll ~bll~ ~tice Of t~ ~i~. W~n as amendment ~lws ~n~s tn di~rict ~n~ries aff~t~ ~ a~ ~ 5 acres or le~, a similar notice ~11 ~ mail~ at least 10 days for ~e ~y of the ~aring ~ each o~r of affec~ pr~y and p~- e~' si~a~d wholly or ~y width 2~ feet of ~ p~- to which amendment ~la~s. For t~ of gtv~g mail~ ~tice. t~ Cie~- ~a~r may u~ any a~pr~te ~cords to ~term~ t~ names and a~s~s of o~rs. A copy of ~e, a lig of ~ o~rs ~s~s to wh~h t~ ~tica was ~nt ~!1 ~ attes~d to ~- ~ Cle~- T~a~rer and s~ll ~ m~ a ~ of ~e ~rds of ~ p~dings. Failure to gve mail~ ~ toi~i- vi~a pr~r~ ~r~ or defects tn ~e notice ~!! ~t ~li~ p~ed~gs, provl~ a ~ fide at- ~mpt ~ comply wi~ this ~vi- si~ ~s ~en ma~. ~mmt~ at it, firmer ~t- M ~ ~ari~, ~t ~ ~ter 10 ~ys a~r ~. 4. ~ ~ ~mmi~ ~! ~rm~ ~r ~ pr~~ c~orms ~ its ~ ~a~ p~% It s~ll m~ its ~mmen~- · ~ns to ~ c~fl ~ ~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPXN SS. E. C. L'Herault, being (Inly sworn, on oath says he is an~ during all the times herein stated has been the l~l'esident of The Post Publishin~ Co., publisher and printer of the newspaper known as THE ~IEW HOPE-PLYMOUTH POST and.' has full knowledge of the facts herein stated as follows: (1) Said newspaper is printedi in the English language in new~paper 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% o~ its news col~tmns devoted to news o£ loc~l interest to the community which it purports to serve and does not wholly duplicate any other publication anc~ is not made up entirely of patents, plate matter and~ advertisements. (4) Said newspaper is circulated in and near the municipality which it p.urport$ to serve, has at least 5/)0 copies regt~ariy ($elivered to paying subscribers, ~as an average of at least 75~ of its total circulation currentl~ paid or no more than three months in arrears ana~ has entr~ as second-class matter in its local post-office. (5) Saki newspaper purports to ser~e the Villages of New Hope and Plymouth in the County of Hennepin and it has its know~ office of issue in the City of :C.~stal in said county, ostab- lished and open during its regular busiaaess hours ,:[or the gathering of news, sale of advertisements and sale of subscriptions anti maintained by the manaEing officer of said newspaper or persons in its employ audi subject to his idirex~ion and control during all such regular hours and at which time saicL neWsp~?er is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Socxety. (7) Sale[ newSpaper has complied with al.1 the ioregolng conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary cf State of Minnesota prior to January 1, 1966 and each January I thereafter ar[ 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 newsl~per. ..... ........ hereto attached as a part hereof was cut from the columrm of said newspaper, and was printed and published therein in the English language, once each week, for...~...successlve weeks; that it was first SO published 19.~'. '/r and. wa~ thereafter printed and puMished on every ....... ..... ..... ......... to and including the., ........ day o~ ........................... 1~ .... and that thc following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size anc~ kind of type used in the composition and publication of said notice, to wit: ahedefghijklmnopqrstuvwxyz--6 pt. New,text abcdefghijklrnnopqrstuvwxyz--?V2 pt. Excelsior abcde/ghijldmnopqrsiuvwxyz~7~ Memphis Bold Subscribed and sworn to ,before me this ...... ~.~.. ........ day of .... ~ ..... A.D., (NOTARIAL .SEAL) Notary Pllblic, iier~:~i~ County, M7 Commission Expires ..................... ~ .... 19 ...... ORDINANCE NO. 67-/~ ~ CHAPTER 13.12 AN ORDINANCE FURTHER AMENDING AN ORDINANCE REGULATING THE USE OF LAND, THE LOCATION AND USE OF BUILDINGS AND THE ARRANGEMENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW HOPE. The Village Council of the Village of New Hope ordains as follows: Section 1. Ordinance No. 60-19, Chapter 13K, entitled: "An Ordinance Regulating the Use of Land, the Location and Use of Buildings and the Arrangement of Buildings on Lots in the Village of New Hope, Minnesota", as amended, be and the same is hereby amended as follows: Section 2. Lines numbered 1,^~and 11 of Section III, Subdivision B "Minimum Requirements"~ amended to read: SR & MR LB RB GB GI Districts Dist. Dist. Dist. Districts 1. Lot Width 75' 6. Non-resid. Lot Area (sq. ft.) - 11. Height (Maximum) 35' LI Districts 150, 15,000 3 acres - 1 acre 35' - - 35' 1 acre 35' Section 3. Section III, Subdivision c ~3Exceotionm and Ad- __. para,rain ~ nmere~z ditions to Above Minimum Requirements"/ms ~e~fled to read: "3. Set-Backs Adjacent to Residential Areas. Where a proposed business structure will be adjacent to a residential district, the minimum side and rear setback from the lot line adjacent to the residential area shall be 25 feet. In the case of limited industry districts, such minimum setbacks shall be 75 feet. In the case of general industry districts, such minimum setbacks shall be 100 feet. Where such industrial districts are across the street from a residential district, the industrial develop- ment shall have a minimum front setback of 75 feet." Section 4. Section III, Subdivisbn C "Exceptions and Additions to Above MinimumRequirements" is amended by adding thereto Paragraph 8 to read a s follows: "8..Special Requirements for Limited Industry Uses. (a) Lot coverage. Not more than 40% of the lot, parcel or tract of land shall be covered in a Limited Industry District; (b) In determining the minimum lot area requirement of one acre, the contiguous streets shall be ~cluded. (c) Green area. Not less than 35% of the lot, parcel or tract of land shall re- main as a grass plot, including shrubbery: plantings or fencing, and shall be land- scaped. The word "landscaped" means a controlled surface and grade to allow a smooth surface flow and being under con- tinualmaintenance for the preservation of scenic harmony. (d) Parking lots. The minimum setback for parking lots shall be 20 feet adjacent to a residential district and 10 feet adjacent to a non-residential district. (e) Employee parking. NO parking lot in front of the building shall be used by vehicles or employees. (f) Parkin8 lot screening. The parking lot in front of the building shall be ade- quately screened from the street and from adjoining property in the residential dis- trict. (g) Landscaping plans. Detailed landscaping plans shall be submitted to the Village Council for approval before a Building Permit may be obtained. (h) De.oign Stan.dards-curb cuts. (1)All off- street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. No driveway or curbcut shall exceed -2- 28 feet in width. Ail driveways shall be divided by a central median strip not to exceed 4 feet in width. The two sides of the driveway shall be claarly marked~ indicating "in" and "out"; (2) Curbcuts shall be placed at inter- vals of not less than 150 feet; (3) No curbcut shall be located within 75 feet of an intersection~ as measured from the driveway centerline along the edge of the traveled surface to the intersecting edge of the traveled surface. Section 5. Section IV, Subdivision C "Screening", para- graph 4 thereof is amended to read: "4. The screening required in this section shall consist of a solid fence or wall, hedge, trees ~windrows not less than 5 feet high but shall not extend within 15 feet of any street or driveway. Screening shall be placed along property lines or in case of screening along street, 15 feet from the street right- of-way with landscaping between the screening and the pavement. Section 6. This ordinance shall take effect and be in full force from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota this day of , 1967. Attest: Clerk-Treasurer Published in the New Hope-Plymouth Post this ~---~day of 1967. -3- ORDINANCE NO. 67-14 _C_N~A~T~ER i3.i2~ 13K, entltind~ "Ah Ordinance R~e~I~tLK ~ m~ ~ A~u- z A~ BUILDING ON ~ N THE YIL~GE ~ fl~ HOPE. ~llige of New No~. Minnesoti The Vil~ge Co~cll ~ the Village ~ ~ction 2. Lines flum~red I,-6 and I1 New H~ or.ns u follows: ~ Secti~ Ill, Su~i~aien B "M~imum Re- ~i~ 1. Ordi~ce No. ~*19, Cha~er ~Birements" are amerind to read: THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION ~ ;SOTA ~i SR & MR LB RB GB G1 IA ~; Districts Dist. Dist. DIst. DistriCts Districts ~ 1. Lot Width ~5' - 150' 6. Non-renid. Lot Area (sq. fi.) 15,000 3 acres '~' I1. Height (Maximum) 35' 35' Section 3. Section III, Subdivision C "Ex- ceptions and Additions to Above Minimum Requirements" paragraph 3 thereof is amended to read: "3. Sst-Backs Adjacent to Residential Areas. Where a proposed business structure will be adjacent to a rest- dential district, the minimum side and rear setback from the lot line adjacent to the residential are~ shall be 25 feet, In the case of limited industry districts, such minimum set- ~acas shall be general industry districts, such mini- mum setbacks shall be 100 feet. Where such industrial districts are across the street from a residential district, the ind~trial development shall have a minimum front setback of '/5 feet." Section 4. Section ill, Suhdivisten C eeptions and Additions to Above Minimum Requirements" is amended by addingthereto Paragraph 8 to read as follows: ',8. Special Requirements for Limited Industry UseS. (a) Lot coverage. NOt more than 40% of the lot, parcel or tract c~ land shall be covered in a Limited Industry District; (b) In determining the minimum Icl area requirement of one acres the contlgn~us streets shall be excluded. (c) Green area. NOt lees thsu-$5% the lot, parcel or tract cf land Shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be inmlscoped. The word 'landscaped' mexns a centroiled surface and grade to allow a smdath surface flow and being under continual maintenance for the preset'ration of scenic harmeny. (d) Parking lots. The :minimum set- back for parking lots.shall be 20 feet adjacent to a re~ldenllal dis- trict and 10 feet .adjacent to a nen-restdential districL (e) Employee parking. No parking lot in front of the building shall be used by vehicles of employees. (f) Parking lot screening. The parko lng lot in front c~ the building shall be adequately ecreened from the street and from adjoining trier. (g) Landscaping plans. Detailed .landscaping plans shall be sub- rattled to the Village Council for approval before a Building Permit may be obtained. (h)Deslgn Standards--curb cuts. (1) All off-street parking factl. flies shall be designed with ap- propriete means of vehicular ac- cess to a street or alley as well as maneuveringarea. Nodriveway or earbcut shall exceed 28 feet in width. All driveways shall be divided by a central median strip exceed 4 feet in width. The not to two sides o~ the driveway shallbe clearly marked, indicating .tau and "~t',; placed M la0 feet; (3) No cartcat Shall intereecttoa, as meanered from the driveway csuterline edge of the traveled s~ri~ee to the intersecting edge of the tra- veled surface. SS. ~l~ly sworn, on oath says he is an~ during all the times herein stated has been 35' $$' ~t P~blishing Co., publisher and printer of the nev~paper known as THE NEW HOPE-PLYMOUTH POST ........... ~,~= of the /acts herein stated as follows: (1) Said newspaper is printed~ in the English language in new!spaper format and in column and sheet form equivalent in printed space to at least 9/)0 square inches. (2) S~id newspaper is a weekly and is ~listributed at least once each week. (3) Said newspaper has 5~% or/ its news 'colUmns devoted to news of local interest to the community which it purports to serve and does not w,holiy duplicate any other publication a~d is not made np entirely of patents, plate matter andJ advertisements. (4) Said newspaper is circulated in and near the municipality which it imrports to serve, has at least 500 copies regnJarly d~livered to ,paying subscribers, tiaa an average of at least ?5% of its total circulation currcntl~ ~paid or no more than three months in arrears an~ has ent~W as second-class matter in its local post-off/ce. (5) Said newspaper purports to eerve the Villages of New Hope and Plymouth in the County of 1-Iennepin and it has its k~ova~ office of issue in the City of Crystal in said county, estab- lished and open during its regular business hon~s ~or the gathering of nev~, sale of advertisements and sale subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ anc~ subject to his glrection and control during all such regular hours and at which i/me said, newspaper is .printed. (5) Said newspaper files a copy of each issue immediately with the State l-Tistorical Society. (?) newspaper has complied with atl 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 l~innesota .prior to ~anuary 1, 1966 and each yanuary I thereafter an affidavit in the form !0rcscribed 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 newsl~per. 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 pt~bllshed therein in the English language, once each week, for..Z..successlve weeks; that it was first so published on ......... .~/-,~.//~ ............ the..~.~.., day 19.~.~. and was thereafter printed and]publlshed on every ..........................~to and including the .......... clay 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 not/ce, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz~?!/~ pt. Excelsior abcdefghijldmnopqrsiuvwxyz--7~ Memphis Bold Subscribed and sworn to .before me this c~ ~ . //~'. _ . .~ '. ........ -~. .......... dar o, .... t..~,Jh~-. .... A.D., 19...~'.?. ........ ........ (NOTARIAL .SEAL) Notary Public, Hennepin County, Mina. My Commission Expires ~AR. 27th,1974 Notary Public, ........................ County, 1~innesota My Commission Expires ...................... · .... 19 ...... ORDINANCE NO. 67- [ O CHAI~ER 200A AN ORDINANCE RELATING TO BUSINESS ACTIVITIES ON CERTAIN DAYS OF THE WEEK~ PROHIBITING CERTAIN OF SUCH ACTIVITIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF. The Village Council of the Village of New Hope ordains: 8.100 Sunday Closing. 8.101 Purpose. It is determined to be in the interest of the public health, order, convenience and general welfare to observe certain days; hereinafter specified, as days of rest and recreation, free from unrestricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. 8.102 Definitions. For the purpose of this ordinance, the terms defined in this sections shall have the meanings given them. Subd. (1) Person. 'rPerson'Z as defined in Section 1.22 includes agents and employees. Subd. (2) Sunday. "Sunday~' means the first day of the calendar week. Subd. (3) Saturday. Z~Saturday'r means the seventh day of the calendar week. Subd. (4) Holi.day. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Subd. (5) Se%l Or Selling. "Sell" or "Selling" means making a sale, engaging in the business of selling, assisting in selling, attempting to sell, extending credit for a sale, and trading or exchanging merchandise, by personal contact between buyer and seller or by telephone or by in any other manner. The term t'sells" or "selling" shall also include~any lease or rental if, by the terms of the lease or rental agreement, title to a restricted item may pass by the exercise of an option by any party to such lease or rental agreement. Subd. (6) Restricted Item. "Restricted item" means any of the following: cameras; musical instruments including pianos and organs; records and other recordings; phonographs and tape recorders; radio receivers and television receivers; jewelry; clocks and watches; furs; furniture and other home furnishings; home appliances; footwear; wearing apparel of all kinds; luggage; lawn mowers and other power driven or manually operated outdoor machinery and equipment; hardware and tools; paints, varnishes and wallpaper, and painting and wallpaper tools and supplies; lumber and other building materials and supplies; floor coverings. 8.103 Sales Re,stricted. No person shall sell a restricted item on Sunday or a holiday. 8.104 Permitting Sales Prohibited. No person who is in charge of a business establishment, or a part thereof, whether as the owner, lessee, conces- sionaire, corporate director, officer, manager, supervisor, or otherwise, shall permit another person to sell a restricted items in such establishment or part thereof, on 'a Sunday or holiday. -2- 8.105 Sales Not Restricted. It shall be a sufficient defense to prosecution under this ordinance, that the sale involved was one of the following: Subd. (1) Isolated Sales. An isolated sale from a residence by a person not regularly engaged in selling the kind of merchandise sold. Subd. (2) Concessions. The sale at any auditorium, stadium, bathing beach, golf course, ski area, bowling alley, marina, boat livery, or other park or playground of merchandise for use at the place of sale for recreational purposes. Subd. (3) Tradins. Stamps. The dispensing of any coupon, stamp or merchandise premium in conjunction and simultaneously with the sale of any merchandise the sale of which is not prohibited on Sunday or a holiday. Subd. (4) Advertising. The advertisement for sale of any merchandise by any newspaper, radio or television station, or other established advertising medium. Subd. (5) Businesses Closed on Saturdays. The sale of restricted items on Sunday at a place of business which is regularly closed on Saturday and which was actually closed at all hours on the Saturday before the Sunday upon which such sale of restricted items occurs. Subd. (6) Seasonal Recreational Purp.o~ses~.. Any retail sale for recreational purposes made by a vendor whose business is seasonal and whose retail establishment is not open to the public for at least four consecutive months of each year. 8.106 Int~rpr.etation. Subd. (1) Does Not Permit Prohibited Acts. This ordinance is not to be construed as permitting any act which is otherwise prohibited by law. Subd. (2) Sep~arability. If any provision in this ordinance is found to be void, the remaining provisions shall remain valid unless such provisions, standing alone, are incomplete and are incapable of being executed. 8.107 .Separate Offenses. Each sale of a restricted item in violation of this ordinance~is a separate offense. 8.108 Penalty. Any person who violates the provisions of this ordinance is guilty of a misdemeanor; and such a person upon conviction for the first offense shall pay a fine not to exceed $100 or be imprisoned for a period of not more than ten days; and for the second offense shall pay a fine not to exceed $100 or be imprisoned for a period of not more than 30 days; and for the third or each subsequent offense shall pay a fine of not more than $100 or be imprisoned for a period of not more than 90 days. 8.109 Repeal. Chapter 200, Ordinance No. 66-19 is repealed. Adopted by the Village Council this , 1967. day of Villa'ge Manager Published in the New Hope-Plymouth Post this ~ day of O~~ , 1967. -4- ORDINANCE NO. 67.1S CHAPTER 200A ~AN ORDINANCE RELATIN~ TO BUSINESS ACTIVITIES ON CERTAIN DAYS OF THE WEEK, PROHIBITINg= CERTAIN OF SUCH ACTIVITIES AND PROVIDINC~ PENALTIES FOR VIOLATION THEREOF. Villege of New Hope, MinallOft The Village Council of the Village of New Hope ordains: S.100 Sunday Closing. 8,101 Purpose. It is determined to be in the interest of the public health, order, convenience and general welfare to observe certain days; hereinafter specified, as days of rest and recreation, free from unre- stricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. 8.102 Definitions. , For the purpose of this ordinance, the terms defined in this section shall have the meanings .given them. Subd. (1) Person. "Person" as defined in Section 1.22 includes agents and employees. Subd. (2) Sunday. "Sunday" means the firstday of the calendar week. Subd. (3) Saturday. "Saturday" means the seventh day of the calendar week. Subd. (4) Holiday. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labu~' Day, Thanksgiving Day and Christmas Day. Subd. (5) Sell or Selling. "Sell" or "Selling" meansmaking a sale, engaging in the business of sell- ing, assisting in selling, attempting to sell, extending er~di't for a sale, and trading or exchanging merchandiso, by personal contact between buyer and seller or by telephone or by in any other manner. The term "sells" or ',selling" shall also include any lease or rental if, by the terms of the lease or rentar agreement, title to a re- stricted item may pass by the exer- cise of an option by any party to such lease or rental agreement. Subd. (6) Restricted Item. ',Restricted Item" means any of the following: cameras; musical in- struments including pianos and organs; r~cords and other recordings: phono- graphs and tape recorders; radio re- ceivers and television receivers; jewelry; clocks andwatehes; furs; fur- niture and other home furnishings; home appliances; fuotwear; wearing app%rel of all kinds; luggage; lawn mowers and other power driven Or manually operated outdoor outdoor machinery and equipment; hardware and tools; paints, varnishes and wall- paper, i~nd paintlnff and wallpaper tools and supplies; lumber and other building materials and supplies; tloor coverings. 8.108 Sales Restricted. No person shall sell a restricted item on Sunday or a holiday. 8.104 Permitting Sales Prohibited. No person who is in charge of a business establishment, or a part thereof, whether as the owner, lessee, concessionaire, corporate director, officer, manager, suporvisor, or · otherwise, shall permitanstherpersonto sell a restricted item in such establishment or part thereof, on a Sunday or holiday. 8.105 Sales Not Restricted. It shall be a sofficienidefensetoprosecu- tion undar this ordinance, that tho sale involved was one of the following: Subo. (1) Isolated Sales. An isolated sale from a residencebya person not regularly engaged in selling the kind of merchandise sold. Subd. (2) Concessions. The sale at any auditorium, stadium, bathing beach, golf course, skiarea, bowl- ing alley, marina, boat livery, or other park or playground of merchandise for use at the place of sale for recreatinnal purposes, Subd.. (3) Trading Stamps. The dispensing of any coupon, stamp, or' merchandise premium in conjunction and simultaneously with the sale of any merchandise tho sale of which is ~ot .pr~tibited on SUmiav or a holiday. Snbd. (4) Advertising. T~e advertisement .for sale of any merchandiso by any newspaper, radio or television st~tton, or other established advertising medium. Subd. (5) Bu~lnessos Close! on Sator- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPXN SS. E. C. L'Herault, being daffy sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Pllblishing Co., publishor and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and.' has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed' in the English language in new~paper forlnat and in .column and sheet form eqnivalent 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% of its news cothmns devoted to news o£ loc~1 interest to tho community which it purports to serve and does not wholly ditplicate any other publication Imcl is not made l~p entirely of patents, plate matter andt advertisements. (4) Sa/d newspaper h cir.culated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, ires an average of at least 75% of its total circulation currenfl~r paid or no more than three months in arrears ana~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin amd it has i~s k~owr~ office of issue in the City of Crystal in said county, estab- lished anc~ open daring its regular business hours flor the gathering of news, sale of advertisements and sale of subscrlptions an~ maintained by the managing officer of said newspaper or persons in its employ andl subject to his direction and control during all suc~ regular kours and at which time said, newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Saic~ 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 S~te and signed by the managing officer of said newspaper ~md sworn to before a notaxy public stating that the new~paper is a legal newal~per. ........... ...... 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. ff...successlve 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 ........................... 29 .... and that the following is a printed copy of thc lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an~ kind of type used in the composition and publication of said notice, to wit: abcdefghi~klmnopqrstuvwxyz--6 pt. Newstext a~ocdefghijklmnopqrstuvwxyz~7¥i pt. Excelsior abcdefghijklmnopqrstuvwxyz--7~ Memphis Bold Subscribed and sworn to ,before me this ........ Y~-~. ..... .day of ..... ~~~....A.D., I'..~.2 (NOTARIAL ,SEAL) Nots,? Notaxy Public, ........................ County, %rlnnesota My Commission Expires ..................... ~ .... 19 ...... CHAPTER 100 AN ORDINANCE ESTABLISHING A BOARD OF APPEALS AND ADJUSTMENTS. The Village Council of the Village of New Hope ordains: Sec.t..i. on. 1. Established. There is hereby established a Board of Appeals and Adjustments for the Village of New Hope. The members of the village council shall serve as the Board of Appeals and Adjustments. Section 2. Powers of Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall have the powers herein set forth. me To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. Be To hear requests for variances from the literal pro- visions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and in- tent of the zoning ordinance. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under the zoning ordinance for property in the zone where the affected person's land is located. The Board may impose conditions in the granting of variances to insu~ compliance and to pro- tect adjacent properties. Co When a permit for the erection of a building within the limits of a mapped street or outside of any building lines that may have been established upon an existing street, or within an area identified for public purposes on an official map or maps adopted by the Village is denied, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the Board finds, upon the evidence and arguments presented to it: (1) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (2) that balancing the interest of the village in preserving the integrity of the official map and of the comprehensive municipal plan and the in- terest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. Section 3. Issuance of Buildins. Permit. If the board auth- orizes the issuance"'~f' ~"'permit under Sectio~ 2C, the village shall have 6 months from the date of its decision to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the permit shall be issued in accordance with applicable ordinances if the application conforms to village regulations. Sectio~..~. Referral to the Pl~Dnin~ Commission. The Clerk- Treasurer shall refer a copy of the appeal or petition to the planning commission. The board shall make no decision on an appeal or petition until the planning commission, or representative authorized by it, has had a reasonable opportunity, not to exceed 60 days, to review and report to the board upon the appeal or petition. The planning commission may hold a hearing thereon at such time and upon such notice to appellant or petitioner as the planning commission determines. Section 5. Notice. The Clerk-Treasurer shall set a hearing on the petition within 28 days after receiving the report from the planning commission, and shall have notice of the time and place of the hearing published in the official newspaper of the village at least 10 days prior to the day of hearing. A similar notice shall be mailed at least 10 days before the day of hearing to the appellant. For the purpose of giving mailed notice, the Clerk-Treasurer may use any appropriate records to determine the name and address of the appellant. - 2 - .S.ectipn 6.. Orders and Conduct of Hearin.ss. me Order. The board shall, within a reasonable time after the hearing, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. B® Appearance. Any party may appea~ at the hearing in person or by agent or attorney. Ru!.es. The board may adopt rules for the conduct of the hearings before it. Such rules may include provisions for the giving of oaths to witnesses and filing of written briefs by the parties. A record of the board's proceedings shall be kept, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order. Section 7. EffectiVe Date. This ordinance shall be in full force and effect from and after its passage and publication. Attest: ~-Treasurer Passed by the Village Council of the Village of New Hope, Minnesota, this ~ day of Published in the New Hope-Plymouth Post this ~--~ day of ~z2~ ,~ 196~.q -3- enforcemont would cause undue~hard- ship ~eeauSe c~ circumstances unique to the indivi~val property Under eon~: stderation and to grant such'variances only hen it is demonstrated thnt ,~ such, actions woul~ be in. I~eepin~ ~ with the SPirit and intern of Re ~l~n~ I 6rdlnnnee. The Beard of ApPeals ~id [ Adjustments may not permi% a~a V~ri,. i abee any u se that Is not permf[(ledunder i the: zoning 0rdinaaCe for property te the i zone where the affectod~perso2's land: is located. The Boar~! may impese~ cof~dittons in the granting of vari-~ sure compliance and to to it:m area identified for-public purposes forms a pert cannot y~ld a reason~ble.:,re~urn toi the owner, Unlegs such a permit is~ granted,: and ~ (2)~that b~iap~cing ,the interest of the i village in preserving the into~rify ' of the official map and of the com- prehensive munleil~l plan and the ~k. terest 'of the owner 'of the property in the use of his Property, and in the ~ .benefits of ownership, the grant of such permit is required by considera- :~ ations of Justice and equity[ ., TbeBoard shall specify the exact -~'1 loca~inn, ground area, height and other deiafls"as tothe extent and~: character of the building for which the permit is granted. Section 3. Issuance of Building Permit. If the board -authorizes the issuance of s permit ur/der Section 2C ,.the viliaze shall have 6~onths fromthedatoofi[sdecisionto tosti- tote proceedings to acqvlre such land or httere~t therein, and if no,~uch PrOCeedings are slatted withto that tim.e, the permit shall b~ ~sued in accord~ce with apglicable ordi- nances ]~ the application conforms to village regulations. Section 4. Referral to the Planning Com- missi°n. The Clerk-Treasurer shall refer a · 'copy Of the appeal or petitign to the planning commission. The board shall make no deci- sion On an appeal or petition until the plan- ning commission, or represunia~lve author° ,lzed .bY, ti, has had, a reasenable opportunity, not to e{Iceed'60 days, to review and report to ~ bo~r~d upon the appeal Or petition; The planning commissloh m a~' h01d a hear° lng thereon at such time and upon such nolJCe to appellant or petitioner aS the plan- {iing, ~ommisston determines. Section 5. Notice. The ~ Shall set n.hearing on the { THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~ly sworn, on oath says he is and~ during all thc times herein stated has been the l~esidcnt of The Post P~tblishlng Co., publisher and printer of the nexvsl>aper known as THE NEW HOPE-PLYMOUTH POST and.' has full knowledge of the facts herein stated as follows: (1) Said newspsper is printed in the English language in ncw~paper forrmat and in column and sheet form equivalent in printed space to at least 909 square inches. (2) .Said newspaper is a weekly and is distributed at least once each week. (3) Said newsl~per has 50% oi its news coZk~mns devoted to news of local interest to the community which it purports to serve and does not wholly-d~xplicate any other publication and is not made up entirely of patents, plate matter an~ advertisements. (4) Said newspaper ~s cir. cnlated in and near the municipality which it purports to serve, has at least 500 copies regularly ~elivered to paying subseriher.~, tins an average of at least ?5% of its total circulation currently paid or no more than three months m arrears anal has entr~y as second-class matter in its local post-office. (5) Said newspaper purports to serve tho Villages of New Hope and Plymonth in the County of 1-Iennepin and it has its knew~ office o~ issue in thc City of C~ystal in said county, estab- lished and! open d~ring its regular business hours ~or the gathering of news, sale of ~dvertisements and sale of subse{iptions anc~ maintained by the managing off£cer of said newslpaper or persons ~n its employ a.ndl su.b~ect to his d~rection au& control during al.1 such regular hours and at which time smd, newspaper ~s printed. (5) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Sai~ newspaper has complied with al.1 the {oregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper l~as flied with the Secretary of State of Minnesota prior to [January 1, 1955 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newsl~per. ......... .......... ............. hereto attached as a part hereof was out from the columns of said newspaper, and was printed and published therein in the English language, once each week, for. l...successlve weeks; that it was Ig..~.7 and was thereafter l~rinted and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower ease alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an~ kind of type used in the composition and publication of said notice, to wit: abedefghljklmnopqrstuvwxyz--6 pt. Newstext a%cdefghijklmnopqrstuvwxyz--?li pt. Excelsior abcdefghijklmnopclrstuvwxyz~7i/a Memphis Bold Subscribed and sworn to .before me this ....... Y,~. ...... day of..~~-,~ ...... A.D.. 19...~..7 My Commission Expires ...................... : .... 19 ...... ORDINANCE NO. 6~- CHAPTER 101 AN ORDINANCE RELATING TO MUNICIPAL PLANNIN~ AND DEVELOPMENT, ZONING, OFFICIAL MAPS, SUB- DIVISION REGULATIONS AND OTHER OFFICIAL CONTROL The Village Council of the Village of New Hope ordains: Section 1. Definitions. For the purpose of this ordinance the terms defined in this section have the meanings given: me "Comprehensive Municipal Plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the Village and its en- virons and may include, but is not limited to, to the following: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the Planning Commission's recommendations for the future development of the Village. ~ be "Land Use Plan" means a compilation of policy state- ments, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of use~ for the entire Village as well as a specialized plan showing specific ar~as or specific types of land uses, such as residential, co~mL~ercial, industrial, public or semi-public uses or any com- bination of such uses. "Transportation Plan" means a compilation of policy statements, goals, standards, maps a~d action programs for guiding the future development of the various modes of transportation of the village and its environs such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan. de "Community Facilities Plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the village such as recreational, educational and cultural facilities. Me "Capital Improvement Program" means an itemized program setting forth the schedule in details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justi- fication for each improvement, the impact that such improvements will have on the current operating ex- pense of the village, and such other information on capital improvements as may be pertinent. fo "Official Map" means a map adopted in accordance with Section 3, Subdivision D, of this ordinance, showing existing streets, proposed future streets and the area needed for widening of existing streets of the village. An official map may also show the location of existing and future public land and faci- lities within the village. Section 2. Preparation~ Adoption and Amendment of Com- prehensive Municipal Plan. A. Preparation and Review. The Planning Commission shall prepare the comprehensive municipal plan. It shall consult with and coordinate the planning activities of other departments and agencies of the village to insure conformity with and to assit in the development of the comprehensive municipal plan, and shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. It shall periodically review the plan and recommend amendments whenever necessary. B. Procedure for Plan~ Adoption and Amendment. The Plan- ning Gommission may adopt and amend from time to time a comprehen- sive municipal plan as its recommendations to the Village Council. The plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the village. The council may propose amendments to the comprehensive municipal plan by resolution submitted to the planning commission. Before adopting the comprehensive municipal plan or any section or amendment of the plan, the planning commission shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the -2- official newspaper of the village at least ten (10) days before the day of the hearing. The proposed plan, section of the plan, or amendment shall be transmitted to the council prior to the publication of the notice of hearing. Adoption and amendment of the comprehensive municipal plan or any section thereof shall be by resolution adopted'by a majority of all the members of the planning commission. A copy of the plan or of any section or amendment thereof adopted by the planning commission shall be certified to the council. C. Adoption by Council. The council may by resolution of a majority of its members after holding a public hearing, adopt and amend the comprehensive plan or portion thereof so recommended as the~official municipal plan. A notice of the time, place and purpose of the hearing shall be published once in the official news- paper of the village at least ten (10) days before the day of hearing. Until so adopted by the council the plan shall constitute only the recommendation of the planning commission. Section 3. Procedure for Plan Effectuation. A. Recommendations for Plan Effectuation. Upon the re- co~m~endation by the planning co~a~ission of the comprehensive municipal plan or sections thereof, the planning commission shall study and propose to the council reasonable and practical means for putting the plan or section of the plan into effect. Such means include, but are not limited to, zoning regulations for the subdivision of land, an official map, a program for coordination of the normal public improvements and services of the village, urban renewal and a capital improvements program. B. Compliance with Plan. After a comprehensive municipal plan or section thereof has been reco~m~ended by the planning commission and a copy filed with the council, no publicly owned interest in real property within the village shall be acquired or disposed of, nor shall any capital improvement be authorized by the village, any agency thereof, or any other political sub- division having jurisdiction within the village until after the planning commission has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the council, agency or political subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or improvement with the comprehensive municipal plan. Failure of the planning commission to report on the proposal within forty-five (45) days after such reference, or such other period as may be designated by -3- the council shall be deemed to have satisfied the requirements of this subsection section. The council may, by resolution adopted by 2/3 vote dispense with the requirements of this subsection, when it its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal plan. C. Zoning Plan. After the adoption of the land use plan for the village, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the Council with its recommendations for adoption. D. Adoption of Official Maps. After the planning co~Lission has adopted a major thoroughfare plan and a community facilities plan, it may, for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, prepare and recommend to the council a proposed official map p~Vering the entire village or any portion thereof. The council may, after holding a public hearing, adopt and amend the official map by ordinance. A notice of time, place and purpose of the hearing shall be published in the official newspaper of the village at least ten (10) days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas a minimum of a center line survey shall have been made prior to the preparation of the final draft of the official map. The accuracyof the future acquisition lines shown on the official map shall be attested to by a registered land surveyor. After adoption, a copy of the official map or sections thereof with a copy of the adopting ordinance attached shall be filed with the Register of Deeds as provided hereafter. Section 4. Certified Copies Filed with Register of Deeds. A certified copy of the platting ordinance, resolutions vacating any publicly owned utility easements or boulevard reserve, or any portion thereof, and official maps shall be filed with the Register of Deeds of Hennepin County. Ordinances, resolutions, maps or regulations filed with the Register of Deeds pursuant to this section, shall not constitute encumbrances on real property. Section 5. Filing with Contiguous Planning Authorities. A copy of the comprehensive plan adopted by the planning commission under the provisions of this ordinance shall be filed with the governing body of each contiguous municipality and with the regional -4- planning agency established to serve the area in which the village is located. Section 6. Filing of Certain Plat Approvals. Copies of resolutions approving subdivision plats of land within the village, but contiguous to another municipality shall be filed with the governing body of the contiguous municipality. Section 7. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this , day of ~ .... ~'/~", , 1967. ~yor Attest: Clerk-Treasurer Published in the New Hope-Pl~nnouth Post this ~--~ day of 1967. THE NEW ItO,PE-PLYMOU', AFFIDAVIT OF PUBLI STATE OF MINNESOTA COUNTY OF HENNEPII~I SS, -lines lo oHq~ aql ~ luom~laA '~ E. C. L'Hera~t, b~g ~ly sworn, on ~ says he is an~ duria ~P ~e ~r~iflcnt of The Post P~blishing Co., publisher and printer ~ has full knowle~e of the f~ts herein stated as fotlo~: (1) S~d newspaper is printed in the English language in He further states on oath crete attached as a part published therein in the first so published on... 19~..7 and was thereafter the., ........ day of ........ lower case alphabet from A kind of type used in the ~heet form equivalent in printed space to at least 900 square inc Pu~'u°ll~°dsu~l and is aSstrib~ted at ~e~t once ~ch week. (3) Said new.per news of 1~1 inter~t to ~e communit~ which it purports to~ ~m 'sl~q~lq pa~ sl~als ~ qonS ~y other pub,li~fion an~ is not made ~p ~rely of patents, S~ newspaper is cireulat~ in and near the m~icip~ity which ~ c~i~ regally ~liverea to paying subscribers, h:as an averse of cu~ent~ ~id or no more than three months in arre~s an~ has en ~st-office. (5) S~ n~spaper purports to ~erve the Villages of New Hope ~d Pl~r in the County of Hennepin and it has i~ kno~ office ~ i~ue in ~e *sa~ lis,bed ~d o~n during its reeler business houm got the ~ering of n s~sn subscriptions ~ maintained by the manaEing officer of s~d newspap~-ul ~ol.mmoo 'l'llu~l!'l ~s~ to ~s ~r~on an~ control daring all such regular ~rs and at (6) Said new~paper files a copy of each i~ue immediately with th news~per has complied wi~ ~1 the foregoing conditions f~ at le I{~ ~ ~HIA zalluz zql eel sz~ dates of publication mentlon~ below. (8) S~d newspaper Ms iil ~ sz~a ~l~IszP ~ld ~ ~nlOu* M/nneso~ prior to ~anua~ 1, 1966 and e~h January 1 th~eafter by the Secretary of State and signed by the ~ ~ , a not~y ~ublic stating that ~e ' ,, ~dmoo · s~om ,~la ash P~,, ~ luam~l~ aaal~ a~ ~ot suol1 Oql s~aade~ ~ aAI~°q°~dm°° v .uol~xo ~d lot s~ll~uam~°°aa p~ '~d ~I1~~al ~ '~ld soll 'saloll~ ~l~Td ~ 'l~O~loAOp sdsm ~l~°id o,o~ oql a~ocdei ;: Subscribed and sworn to before me this ..... ..~. ~. (NOTARIAL SEAL) Notary Public, 317 Commisslon Ex~plres ....... ROLF T. N~LSON Co~cx, Mrr,~A, ~]rg]z~ 8: N~so~ LA~RS I0~ PROFESSIONA~ CENTER 3811 WEST BROADWAY ~OBBINSDAL~, ~I~E~ TELEPHONE 533-Z~1 AREA CODE 612 July 7, 1967 File No: 4497 Mr. Harlyn G. Larson New Hope Village Manager Village of New Hope 7701 - 42nd Avenue North Minneapolis, Minnesota 55427 Dear Harlyn: Enclosed for your consideration are proposed amendatory ordinances which deal with Minnesota Statutes, Sections 462.351 to 462.364 on municipal planning. They seem to be the final ordinances that should be adopted and included within the codification, after incorporating whatever changes may be re- quired. The enclosures are for proposed ordinances identified as: (1) Chapter 13 on Zoning, (2) Chapter 100 on the Board of Adjustment and Appeals, (3) Chapter llC on Platting, and (4) Chapter 101 on Municipal Planning. The following coumLents may be of help in understanding the changes and additions. The sections co~m~ented upon are identified. Chapter 13 on Zoning Comments on Sections Section 2. The phrase "comprehensive municipal plans" is substituted for "zoning map" contained in the present zoning ordinance. The map would show only the zoning classification, not the con- templated land use. Mr. Harlyn G. Larson -2- July 7, 1967 Section 3. Subsection A is changed to provide for public hearings irrespective of who initiates the amendment or zoning request. At present the Council, on its own initiative, may amend without a hearing if it so determines. The Minnesota Statutes cited above requie~that no amendment to a zoning ordinance shall be adopted until after a public hearing has been held. The person receiving mail notices has been in- creased to include all persons within 200 feet of the property being rezoned rather than 150 feet. This conforms with State Law and also to our present practice. Section 4. The present provisions for variances contained in the zoning ordinances now existing will be drastically changed inasmuch as the Board of Adjustment and Appeals (provided by Ordinance, Chapter 100) will now act on such matters. The establishment of the Board of Adjustment and Appeals is provided for by statute. Chapter 100 on the Board of Adjustment and Appeals General Comments. Minnesota Statutes Sectiorm462.351 to 364 require the establishment of a Board of Adjustment and Appeals. The powers shall be: (1) To review decisions and requirements made in the enforcement of the zonind ordinance, (2) Request for variances, and (3) Building permit requests for areas lying within mapped streets as established in the official map or maps of the Village. The State Law provides for a number of alternatives regarding the composition of the Board. Thus, the Village may elect to have the Board be comprised of one of the following: Mr. Harlyn G. Larson -3- July 7, 1967 (1) The Council, (2) The Planning Commission, (3) A co~mL~ittee of the Planning Commission, or (4) A distinct separate body of persons who are not members of either the Council or the Planning Commission may serve as a Board of Adjustment and Appeals. If the Council does not elect to serve as a Board, it has the further alternative of making the decisions of the Board one of the following: (1) A final decision subject only to judicial review by the Courts, or (2) Final subject to appeal to the Council and the right of later judicial review, or (3) Merely advisory to the Council. The ordinances drafted makes the Council the Board of Adjust- ment and Appeals with provisions for referral to the Planning Commission. Referral would be required if the Council is the Board. Comments on Sections. Section 2. This section details the powers and functions of the Board. They are established by State Law and are included in the ordinance nearly verbatim. Section 3. This section implements the language of the State Law. Section 4. The State Law requires that if the Planning Commission is not the Board, 'the matters appealed to the Board of Adjustment and Appeals must be referred to the Planning Commission for review. Section 6. This implements the language of the State Law. Mr. Harlyn G. Larson -4- July 7, 1967 Chapter llC on Platting Ordinance General Co~ents. This ordinance adds new material to conform to the platting requirement provided in Minnesota Statutes, Sections 462.351 to 364, also incorporates the specifications for streets and curbing provided by Bonestroo, Rosene and Associates, Inc., and some minor miscellaneous changes. Comments on Sections. Section 2. The words "Village Plan" is substituted for "Village Plat". This recommendation is made by the Planning Commission minutes of December 21, 1965. Section 3. This section follows the present section of the platting ordinance except for the following changes. (Paragraph 2 a) The new notice will advertise for a public hearing before both the Planning Commission and the Council. Minnesota Statutes 462.351 seems to indicate that the official "public hearing" must be before the Council inasmuch as it is the "platting authority". We will furnish the Village Office with a proposed form of notice. (Paragraph 5) The Council must act on the pre- liminary plan within 60 days, rather than the 45 day period in the present ordinance. (Paragraph 7) Approval of the preliminary plan will assure the subdivider of his right to develop according to the conditions attaching to the approval at the time it is given. Section 4. This section follows the present section of the platting ordinance except for the following changes: Mr. Harlyn G. Larson -5- July 7, 1967 (Paragraph 1) Requires the final plat to conform to the preliminary except for changes ordered by the Council, and provides that only a portion of the preliminary plat need be hard- shelled. This paragraph clarifies the practice of developers who hardshell a portion of a preliminary plat, and Subsequently hardshell the balance of the preliminary plat. It provides for a cut-off date of approval at the end of three years. (Paragraph 3) The final approval shall be within 60 days rather than 30 days, to provide more time to study plats. (Paragraph 4) The hardshells must be filed within 90 days after approval rather than 30 days, otherwise the approval is void. The paragraph also provides that the Council can for good cause, extend the period for filing. This paragraph should resolve the questions on filing of plats after the approval period has run. The Council,~if it found that good cause existed, extend the period for filing. Some- times developers are not able to accomplish what is necessary within the time that the approval is good even with the best of efforts. Minnesota Statutes require that a copy of the approving resolution shall be filed in the County Offices. Section 5. Reduces cul-de-sac roadway diameter from 100 to 90 feet. September 21, 1965, Planning Commission minutes. Section 7. Reduces front foot requirements to not less than 40 feet on a cul-de-sac. September 21, 1965 Planning Commission minutes. Section 8. See co~mLents under Section 5 above. Section 9. This section details the trees that are per- mitted to be planted. Mr. Harlyn G. Larson -6- July 7, 1967 Section 10. Provides new street specifications, in- cluding the concrete apron requirements. These specifications were furnished by Robert Rosene. Section 11. This section conforms the present ordinance to the provisions of State Law. Approval now required, with certain exceptions, that are listed in the ordinance for conveyance of land of not less than 5 acres or 300 feet in width. Chapter 101 on Planning Minnesota Statutes 462.351 to 364 provide for considerable planning by Villages to guide future development of land. The State Law places ~he responsibility for the developing the comprehensive municipal plan on the Planning Commission. One of the objectives of the law is to encourage sound municipal planning development by use of a comprehensive municipal plan, a land use plan, a transportation plan, a conm~unity facilities plan, a capital improvement program and such official controls as zoning ordinances, subdivision ordinances and official maps. The ordinance dealing with Chapter 101 implements the State Law and in the main follows closely the language of that statute. The adoption of this ordinance would give the Com- mission a handy reference as to the scope of their responsi- bilities. It should be noted that Section 3 B of the ordinance (per- taining to the acquisition or disposal of real property by the Village and the authorization of capital improvements) requires review by the Planning Commission. The Council may, by atwo- thirds vote, dispense with review by the Planning Commission if it determines that there exists no relationship between the acquisition, disposal or capital improvement and the municipal plan. Your co~.m~ents will be appreciated. Very truly yours, WJC:I W. J. Corrick, Village Attorney -2- ORDINANCE 67-18 AN ORDINANCE ADOPTING THE CODIFICATION OF NEW HOPE VILLAGE ORDINANCES AND GIVING NOTICE OF THE AVAILABILITY THEREOF. The Village Council of the Village of New Hope hereby ordains: Section 1. Validity. The codification of ordi~ nances of the Village of New Hope contained in Chapters 1 through 13, and Appendixes A through E herein is hereby declared to be the law of the Village of New Hope, made in accordance with Minnesota Statutes §414.191 (Subd. 5). Section 2. Repeals. Ail ordinances enacted by the Village of New Hope prior to enactment of the codi- fication of the ordinances contained in Chapters 1 through 13, and Appendixes A through E, are hereby re- pealed, except Ordinances 54-1, 55-3, 58-4, 59-12, 60-9 and 62-12. Section 3. Effective Date. The codification of ordinances and resolutions contained in Chapter 1 through and including Chapter 12 herein is effective from and after the date of publication of this adopting Ordinance. Section 4. Notice. Notice is hereby given that copies of this codificatio~ are available at the office of the Village Manager. Section 5. Publication of Notice. The Clerk- Treasurer shall cause this ordinance and notice to be published for two (2) successive weeks in the New Hope- Plymouth Post. Passed by the Village Council this 8th day of August, 1967.  'May°r~ Attest: - Published in the New Hope-Plymouth Post ,the ~ay of Q~Z~~ , 1967, and the=f/--~daY of ~~ 1967. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Her~ult, being duly sworn, on o~th says i~e is and~ during all the ~m~ here~n s~tc~ ~s been ~he ~re~en~ of Th~ Post ~b~i~ Co., p~bli~hcr an~ printer o~ the n~p~per known as THE NEW HOPF~PLYMOUTH POST an~ h~s full knowledge of the f~cts herein stated as follows: (1) S'~d newspaper is printed; i~ the Englls~ language in new.per romar ~d in column ~d s~eet ~orm equivalent i~ p~nte~ space to ~t least 900 ~qu~e i~es. (2) ,Said new~aper is ~ wetly ~d is ~stributed at te~t on~ ~ch w~ek. (3) Sa~d ~ew~aper ~s 5~ ~ its news ~o~mns ~evoted to news of lo~1 inter~t to the community which it pu~orts to ~e ~ d~s net ~lly d~pli~te ~y other publi~fion ~ is not made ~p en~rely of p~tents, plate matter ~n~ advertisements. (4) S~ newspaper i.s clr~l~t~ in and near the municipality which it ~r~rts to serve, has copi~ reg~rly ~verea to ~aying subsc~bbe~8, ~as an av?~e of _~t least ~5~ ,of its ~st-office. (5) S~d n~s~aper ~urports to eerve th~ Vill~e~ of New H,~ ~ in the County of Henn~n ~nd R h~s i~ kno~ off~ce ~ issue in the City of ~s~ iR s~i~ e~nty, ~b- li~h~ ~d o~n d~ring its re~lar bus.ess ~ ~or the g~th~ring of news~ ~ale of ~vertis~e~ts and s~ of subsc~p~ons ~ m~ntaine~ by fhe manR~ing officer of s~d new~per or 0ersons iR its employ ~ subj~t (6) S~id newspaper flies a copy of e~c~ ~ssue ~mmedmtely w~th the State ~stonca ~ e y. new~p~ has complied wi~ ~,1 the foregoing conditions f~ ~t le~t two years ~rec~ing the ~y or dates of publication mentioned below. (8) S~id newspaper ~s filed with the S~re~ of S~te of M~neso~ ~or to ~anu~ry 1, 1966 an~ e~ch J~nuary I thereafter ~R aff~vit i~ the form prescribed by the Secret~ry of S~t~ ~d signed by the m~n~ging officer of s~ newspaper ~ sworn to before ~ hotly ~ublic stating ~t ~he news~er is a leg~ news~p~. ...... ............................ ..... ..... ..... hereto att~hed a~ a pa~ her~f wa~ cut from the columns of s~d ~ews~aper~ and wa~ prlnted and pabli~h~ th~ein in ~e ~ngllsh ~age, once ~eh week, for.~.saceessive weeks; ~a~ 19~.~and ~ thereafter printed and published on eve~ to and including ~e.~ .... day o{...~ ..... 19.~.~d that the following is a 9rint~ c~y of the lower ease alphabet from A to Z, both i~cluslve, and is hereby acknowledged as being the size an~ kind of type used in the corn.pod,,on and ~ubHcatlon of s~d notice, to wit: ~bcdefghijklmnopqrstuvwxyz~6 pt. Newstext abcdefghijk~opqrstuv~yz~TVa pt. Exee~ior abcdefghijklmnopqrs~vwx~7~ Memphis Bold ..... Su~bed ~d sworn ~ ~f~ ~. ~,, ...... ~ ........ ~, o, ......~: ....... ,.~., ,,..&.7 ............... .......... ~ ........ ~g[~ .1~ ~[~[~ (NOTA~AL SEAL) H~la:~ P~:c, ~ana~in County, My Commission ~pires MAR. Hot~ry Pub~c~ ........................ C~n~ ~neso~ ~ Co~issi~ Ex~s ..................... ~ .... 19 ...... ORDINANCE NO. 67-19 AN ORDINANCE AMENDING SECTIONS 4.103, 4.104 AND 4.105 OF THE ZONING ORDINANCE RELATING TO CHANGES IN THE MULTIPLE-FAMILY RESIDENCE DISTRICT, THE LIMITED BUSINESS DISTRICT AND THE RETAIL BUSINESS DISTRICT The Village Council of the Village of New Hope ordains: Section 1. Section 4.104 of the Village Code is hereby amended by the addition of the following: "(15) That part of the South ~ of the Southeast ~ of Section 18, Township 118, Range 21, described as beginning at a point on the East line of said South ~ of the Southeast ~ distant 320 feet South of the Northeast corner thereof; thence South on said East line 180 feet; thence West and parallel to the North line of said South ~ of the Southeast ~ a distance of 183 feet; thence Northwesterly to an angle point on the South line of Lot 8, Block 1, Towers North (said angle point on Lot 8 being 85.45 feet Southwesterly from the Southeasterly corner thereof); thence Northeasterly and Easterly along the Southerly boundary of Towers North Addition to the point of beginning." Section 2. Section 4.105 of said Village Code is hereby amended by the addition of the following: "(15) That part of the Southeast ~ of Section 18~ Town- ship 118, Range 21, described as follows: The West 125 feet of the East 358 feet of the South 233 feet, as measured on and parallel with the East and South line of said Southeast ~." Section 3. Paragraph number 23 of Section 4.103 of the Village Code is hereby amended to read as follows: "That part of the Southeast ~ of Section 18, Township 118, Range 21, described as beginning at a point on the South line of said Southeast ~ a distance of 358 feet West of the Southeast corner thereof; thence North 233 feet; thence West parallel to the South line a distance of 373.29 feet; thence deflect 14 degrees, 28 minutes, 10 seconds, to the right a distance of 190 feet; thence South parallel to the East line of said Southeast ~ to the said South line; thence East along said South line to the point of beginning. Section 4. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Cou il of thee Village of Hope, Minnesota, the ~ day of ~Zgz~z~ , 19~.New Cl~rk~Tr&asurer Mayor Published in the New Hope-Plymouth Post the , , 19 . day of - 2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLIGATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NI~W HOPE-PLY1YIOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in ne~paper forinat 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 uewsl~aper has 50,% o,f its news columns devoted to news of local interest to the community which it purports to serve and does not wkolly dliplicate any other pnb~ieation 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 regu. larly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears anc~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County o£ Henneldn and it has its known office ol issue in the City of Crystal in said co,Jury, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manacing officer of said newspaper or persons in its employ and: subject to his dlreotion and control during all such regular hours and at which time sa/d. newspaper is prlnled. (6) Said newspaper files a copy of each issue immediately with the/State Historical Society. (?) Said newspaper has complied with a}l 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 t~he 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 prmt~ and~"~ published therein in the English language, once each week, for./...successlvc weeks; that it was flrstj ~)s° published on ........ ~~~ ........ thc. ~/~. day 19.1~.t~ 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 incluslve, and is hereby acknowledged as being the size anc~ kind of type used in the'con~posltlon and publication of said notlee, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz~ pt. Excelsior abcdefghijklmnopqrsiuvwxyz--7~ Memphis Bold Subscribed and sworn to before me thi ....... ....... day ....... A.D.. (NOTARIAL SEAL) Notary Public ........... ~. r~~ ~,I~,i9~ My ~isston Ex~r~ .................... ~ .... 1~ ...... ORDINANCE NO. 67- ~ AN ORDINANCE AMENDING SECTION 4.103 OF THE ZONING ORDINANCE RELATING TO CHANGE IN MULTIPLE-FAMILY RESIDENCE DISTRICTS. THE VILLAGE COUNCIL of the Village~f New Hope ordains as follows: Section 1. Section ~.1~3 \is hereby amended by the addition of the following: (~3~) Lo~-'14, lo 3, Mork-Campion Manor effect Section ~. ~ from and a~ Passed by t'~ 2nd~ Addition. Thi~rdinance shall be in full force and its passage and publication. Village Council of the Village of New Hope, Minnesota, the ~ . day of ~, 1967. Attest: Mayor ciD~/Cl e rk- Tr e a surer 1967. ORDINANCE NO. 67 AN ORDINANCE AMENDING SECTION 3.62 OF ELECTRICAL CODE RELATING TO ELECTRICAL PERMIT QUALIFICATIONS, The Village Council of the Village of New Hope ordains: Section 1. Subdivision 3 of Section 3.62 of the Village Code is hereby amended to read as follows: "(3) qualifications. Permits shall be issued only to an 'electrical contractor~ licensed as such by the State Board of Electricity, except an individual may obtain a permit and do electrical work which complies with the provisions of the minimum standards herein prescribed on premises or that part of premises owned and actually occupied by him as his homestead if he shall file with the In- spector an affidavit showing that he is per- forming the actual work himself in such homestead." Section 2. Subdivision 5 of Section 3.62 of the Village Code is hereby amended to read as follows: Filin8 Current License. The applicant, except an individual doing work on his own homestead, shall first file with the Clerk- Treasurer a copy of the current license issued by the State Board of Electricity, or such other evidence of such license as may be provided by the State Board of Electricity. When the permit is issued the Clerk-Treasurer shall notify the State Board of Electricity that the licensee is per- forming electrical work in the Village and request the Board to advise the Village if such license is subsequently revoked during the year from the date of its issuance. Such notice shall be given by the Clerk-Treasurer upon the issuance of the first permit in each calendar year to the licensee and thereafter at such times as the Clerk-Treasurer feels necessary for the purposes, of being apprised of the current status of such State license. Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this /~ day of o-~/~-.~/~ , 1967. Attest: Clerk-Treasurer Mayor Published in the N~ Hope-Plymouth Post the 1967 day of - 2 - THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and~ during all the times herein stated has been the President of The Post P~blishing Co., publisher and printer of the newspaper knc.wn as THE NEW HOPF~PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspsper is printed in the English language in nemspaper 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 ~I/stributed at least once each week. (3) Said newspaper has 50% of its news col~umns devoted to news of Ioc~1 interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made t~p entirely of patents, plate matter and2 advertisements. (4) Said newspaper is circulated in and near the municipality which it p,urports to serve., has at least 5./)0 copiea regularly d~livered to paying subscribers, ,has an average of at least 75% of xts total circulation currentl2r paid or no more than three months in arrears and has entrsr as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of i~ew Hope and Plymouth in the County of Hennepln and it has i~s know~ office o~f issue in the City of Cr,/stal in said county, estab- lished and open c%uring its regular business hours/or the gathering of news, sale of advertisements and sale o£ subsc~ptions and maintained by the manaEing officer of said newspaper or persons in its employ andl subject to his d/re.c/ion an~ control during a~I such regular hours and at which time sail[ nev~p~per is pr/a~ted. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Sai& newspaper has complied with aH the foregoing conditions for at least two yea.rs l~recedlng the day or dates of pu'blicatlon mentioned below. (8) Said newspaper has filed with the Secretary of State of l~llnnesota 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 manag/ng officer of said newspaper and sworn to before a notary public stating that the newspai~er is a legal newsl~per. 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....4..successive w~eks; that it was first so published on ................ the. ~ ..... day of 19.~a~ and was thereafter printed and ImbHshed 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 an& kind of type used in the compodt/on and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext a~cdeighijklnmopqrstuvwxyz--7%4 pt. Excelsior abcdefghijklranopqrsIuvwxyz--7~ Memphis Bold Subscribed and sworn to before / me this ..................... ,day of ..A.D., 19.. (NOTARIAL ,SEAL) Notary Public, ........................ Count, Minnesota My Commission Expires ..................... ~ .... I[9 ...... ORDINANCE NO. 67-22 AN ORDINANCE A~fENDING SECTIONS ~.22 AND ~.92 OF THE ZONING ORDINANCE RELATING TO FLOOR AREA REQUIPJ~E~fSo The Village Council of the Village of New Hope ordains as follows: Section t. Section ~.22 "Minimum Requirements.", is amended to read as to the first two items of paragraph 5 thereof as follows: SR and ~ LB Districts Districts "l-Family Structures 2-Family Structures 1260 1260 1050 1050" Section 2. Definition of the term "Floor Area" in Section ~.92 subd. (17) is hereby amended to read: "Subd. (17) Floor Area: The sum of the gross horizontal areas of the several floors of the building or portions thereof devoted to a particular use, including accessory storage areas located within selling or working space such as co~anters, racks, or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. In determining the floor area min~m~a requirements of 1-Family structures and 2-Famiiy structu_~es, the area of either attached, unattached or basement garages not to exceed 2QO square feet per dwelling unit, shall be included but shall not include enclosed breezeways or porches, or basement area. The floor area of other residences shall not include basement area or the area of attached or unattached garages~ enclosed breezeways or porches. Section 3. This ordinance shall take effect and be in full force from and after January 1, !968. Passed by the Village Council of the Village of New Hope~ Minmesota, this ./.~day of ~~¢~, 1967. Attest: - ~ /j~le~rk_Treasurer Published in the New Hope-Plymouth Post this ~_~ day of //~ .... ~ ~- ~ 1967. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW PIOPF~P'LYi~OUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper for~nat and in column and sheet form equ/valent 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~% of its news co];~mns devoted to news of local interest to the community which it purports to serve and does not w. helIy duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Sa/d newspaper is circulated in and near the municipality which it pnrports to serve, has at least 500 copies regt~larly d~livered to paying subscribers, bas an average of at least 75% o£ /ts total circulation currently paid or no more than three months in arrears ana~ has entry as second-class matter in its local post-o/~ice. {5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its known office of issue in the City of C.~stal in said county, estab- lished and; open during its regular business hours .for the gathering of news, sale of advertisements and sale 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 whioh time saict 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 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 ..... ~ ....... ~, 2.."....'~.....~'r~. ..................... .... .... hereto attached as a part hereof was c~t from the columns of said newspaper, and was printed and publishe~ therein in the ~. Ianguage,~ ~7. ---- /2 _once.. each week,t for.../...successive~_.)~.y .~weeks; that it was first so publlsh on ...... ......... d, 19.~..~/and was thereafter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed co~y of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size kind of type used in the compodtlon and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz~7~ pt. Excelsior abcdefghijklmnopqrsiuvwxyz~7~/~ Memphis Bold Subscribed and sworn to before me this ..... ~..~..~.~...day of...~.~~~..A.D., lg..~.,.7 ......... ....... RALP~ I. E~ENNET~U~ (NOTARIAL SEAL) N0~.~ Pub~{P,, N~a~.pin C~l~tT~ Notary Public ............ , .~...~t. ?.~, i.$.S.e~o~? l~i~t~e~t~ ~ My Commission Expires .................... ~ .... 19 ...... ORDINANCE NO. 67- ~3 AN ORDINANCE AMENDING SECTION 2.42 RELATING TO COMPOSITION OF THE PLANNING COMMISSION'~ NEW HOPEi~ MINNESOTA The Village Council of the Village of New Hope ordains: Section 1. Subdivisions (2) and (3) of Section 2.42 of the Village Code are hereby amended to read as follows: "Subd. (2) Term. Unless sooner removed by a four-fifths vote of the Council, nine of the members shall serve a term of three years, and the person appointed as the tenth member shall serve a term expiring the first business day of January in the year following the year appOinted. All members appointed and qualified shall serve until their successors qualify. Subd. (3) Councilman May be Tenth Member. The Council may appoint a member of the Council to be the tenth member of the Planning Commission who shall serve a term expiring on the first business day of January in the year following the year appointed." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Minnesota, this Attes t: .~~ C1 'er~Treasurer Passed by the Village Council of the Village of New Hope, ~ day of J~%ff~/~ ..... , 1967. / Published in the New Hope-Plymouth Post Qc/~ b ~ ~ ~, ~.? THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. lil. C. L'Herault, being duly sworn, on oath says he is and~ during all the times herein stated has been thc l~resldent of The Post Publishing Co., publisher and printer of thc nevaspspcr known as TIlE NEW }IO.PE-PLYMOUTH POST and.' has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed' in the English language in new~paper format and in column and sheet form equivalent in printed space to at least 9~)15 square inches. (2) .S~id newspaper is a weekly and is distrlbuted at teazt once each week. (3) Said newspaper has 50% af its news cett~mns devoted to news of loea.1 interest to the community which it purports to serve and doe~ not wholly duplicate any other publication an.c~ is not made up entirely of patents, plate matter an(~ advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least copies regularly delivered to paying subscribers, ~as an average of at least ?$% of its total circulation currentlly paid or no more than three months in arrears an(~ has entry as second.class matter in its local post-office. (5) Said newspaper ,purports to serve the Villages of New Hope and Plymouth in the Co,unty of Hennepin and it has its known, office af issue in the City of Crystal in said county, estab- lis,bed ancl open during its regular business hours ~or 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 direotion and conti'ol 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 I-~istorical SOciety. (7) Said newspaper has complied with al.1 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 3/linnesot~ 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. lie further states on oath that the printed ............................................................. hereto attached as a part hereof was cut from the coluums of said uewapsper, and was printed and published therein in the English language, once each week, for ....... successive weeks; that it was first so published on ................................... ?... the ......... day of ...................... 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 ncknowtedged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghljklmnspqrstuv'wxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--71/2 pt. Excelsior abcdeftthijklmnopqzsiuvwxyz~?~ Memphis Bold Subscribed and sworn to before ORDINANCE 67-~ AN ORDINANCE ADDING SECTION 8.63 TO THE VILLAGE CODE ESTABLISHING A CIGARETTE LICENSE FEE. The Village Council of the Village of New Hope ordains: Section 1. Chapter 8 of the Village Code is hereby amended by adding thereto Section 8.63 to read as follows: "8.63 License Fee. The annual fee for such cigarette license shall be $12.00. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ ~ day of /?~z~- , 1967. Attest: - %Cl~e~k TreaSurer Published in the New Hope-Plymouth Post this ~/~~r , 1967. day of ORDINANCE 67-24 AN..ORDINANCE ADDING SECTION {.63 TO ,i'fE ¥1LLAC~,E CODE ESTABLISHING A " ClGARE~'rE LICENSE FEE Vlll4ge of New Hope The Village Council o~ ~e Village c~ New ~ope ordains: Section 1. C~12er 8 of the Vllhge Code is hereby amended by adding thereto Section 8.63 to read as follows: "8.63 License Fee. The annual fcc for such cigarette Il- cease shall be $1g.00. Section 2. This Ordinance shal] be i~ full force and ellect from and after its PaSSage and publication. PaSsed by the Village Council of the Village of New Hope this 24th day (ff October, 196'/. ~ MILTON HONSEY, Mayor ATTEST: BETTY POULIOT, Clerk-Treasurer (Published in The New Hop~-Plymouth Post November 2, 19670 THE NEW ItO,PE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on o~th says he is an~ during all the times herein stated has been the t~resident of The Post Publishing Co., public,her and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newlspaper format and in column and sheet form equlvaient in printed space to at least 900 square inches. (2) $~rid newspaper is a weekly and is distributed at ~east once each week. (g) Said news~paper has 50% of its news colhmns devoted to news of Ioc~1 interest to the community which it purports to serve anc[ does not wl~olly duplicate any other puhl[cat/on anc~ 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 5.00 copies regularly delivered to paying subscribers, ~as an average of at least 75% of its total ch'culatmn currently paid or no more than three months in arrears an& has entrT as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its knova~ office o~ issue in the City of ~Cr~stal in said county, estab- lished and open during its reg~Iar business hours/or the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newsrpaper or persons in its employ andl subject to his d/toO, ion and cont/'ol during all such regular hours and at which time said, nev~s~mper 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 foregolng conditions for at least two years preceding the day or dates of pu'blicatlon mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ......... .... ......... .................... hereto attached as a part hereof was cut from the columns of said news~paper, and was printed and published therein in the English language, once each week, for../..,snccesslve weeks; that it was first so published on ...... ~~. ......... the.~t~, day of...~.t ...... 19.(~. i/ and was thereafter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, .both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notlce, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext a~ocdefghijklmnopqrstuvwxyz--7~ pt. Excelsior abcdefghijklmnopqrsiuvwxlrz--7~ Memphis Bold Subscribed and sworn to before ..... ....... ..... ........ RALPH ]~ BENNETHU~ (NOTARIAL SEAL) ltotary Public, Henneptn County, Minfl My Commission Explres ..................... ~ .... 19 ...... ORDINANCE NO. 67-25 AN ORDINANCE AMENDING CHAPTER 4 OF THE VILLAGE CODE BY AMENDING A PART OF SECTION 4.554, SUBDS. (2) AND (3) AND ADDING SECTION 4.79 RE- LATING TO STREET, BOULEVARD AND DRIVEWAY APRON REQUIREMENTS. The Village Council of the Village of New Hope ordains: Section 1. Section 4.554, Subdivision (2), Clause (f) of the Village Code is amended to read as follows: "(f) A peagravel seal coat shall be applied to the finished street. Seal coat shall not be applied until all soft spots or breakups have been repaired and until the adjustment of all man- holes, catch basins and gate valves have been checked by the Village." Section 2. Section 4.554, Subdivision (3), Clause (d)(1) of the Village Code is amended to read as follows: "(1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Sections 2341." Section 3. Section 4.554, Subdivision (3),'Clause (e)(1) of the Village Code is amended to read as follows: "(1) Construction procedure and methods shall be in! accordance with Minnesota Highway Department Specification Section 2356." Section 4. Section 4.554, Subdivision (3), Clause (f)(4) of the Village Code is amended to read as follows: "(4) It shall be the responsibility of the contractor to finish grade the boulevard in accordance with Village Street Standard Cross-section Sheet 10lA, and to protect all survey monuments and property irons and shall replace any that are disturbed or destroyed." '~ Section 5. Section 4.554, Subdivision (6) of the Village Code is amended to read as follows: "Subd. (6) Incorporation. Minnesota Highway Specifications Sections 2105, 2106, 2110, 2202, 2341, 2356, 2531, 2576 and 3138 are hereby incorPorated by reference as though fully set forth herein. Three copies of said specifications shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words, 'The Village of New Hope - official copy.' Standard Detail Drawings 10lA through 108A, are hereby incorporated by reference as though fully set forth herein. Three copies of said drawings shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words, 'The Village of New Hope -.official copy.'" Section 6. Chapter 4 of the Village Code is amended by adding thereto Section 4.79 to read as follows: "4.79 Driveway Aprons. Subd. (1) New Construction - Concrete. ~ ~ In connection with any building which is to be erected or altered, improved or reconstructed pro- vided such work exceeds in aggregate cost 50% of the market value of the building, there shall be installed a concrete driveway apron extending from the back of the curb to the property line for each lane or lanes of vehicular access to a street. No curb cut or driveway opening into the street shall be made unless such an apron is installed adjacent thereto. Ail driveway aprons under this subdivision shall be installed in accordance with the specifications therefor provided in Section 4.554, Subd. (3). Subd. (2) Old Construction - Bituminous. All lots or parcels of land heretofore improved by the construction of building thereon, may in lieu of installing driveway aprons to the specification provi4ed in Section 4.554, Subd. (3), install aprons meeting the following minimum require- ments: Bituminous driveway apron from the edge of the surface street to the property line shall be not less than 12 feet nor more than 20 feet in width without special approval by the Village Council. It shall be constructed with not less than 6 inches compacted thickness of Class 5 gravel base and not less than 2 inches compacted thickness of bituminous surfacing conforming to Minnesota Highway Department -2" Specification No. 2341. Section 7. This ordinance shall take effect and be in full force and effect from and after its passage and publication. Passed by the Village Council this~ ~ day of November, 1967. At te s t: ~--~, ~~ .~.~ J Clerk-Treasurer Published in the New Hope-Plymouth Post ~D=~b~z ? , 196,? . -3- ORDINANCE NO. 67-2S AN ORDf~ANCE AMENDING CHAPTER 40.;~ THE VILLAGE CODE'BY AMENDING OF SECTION 4.554, SU~D. (2] ~D (3) AN~ ADDIN~ SECTION ~.Te RE'TImiCO BOULEVARD A~ ' E~U~REMEN~ V liege of New Hope ~ V~Za~ Counca of ~ew a~ or~tns: ' -'~SEC~O~ l. ~ctlon 4.554, Su~JvtsJo~ } Chu~ (0 of ~ Vllla~ C~e is amend- ~2o read as follows: *'(~ A P~avel se~ c~t, s~ll plied ~ t~ flni~ ~r~t. ~ coat ~l ~t ~ applied until all ~ft ~ts or bre~ps ~ve ~en re~l~ and until ~e ad~stments el all m~-~les, catch ~sins ~ ~ valves ~ve ~n checked by ~ Villas.- SECTION 2. Section 4.554, ~ivision (3), Chu~ (d) {I) of ~ Vllla~ C~ is a~n~d to read as follows: "(1) Const~ction P~re and meth~s ~ll ~ in accor~nce with Min~ Hi~y ~pa~ment S~cification ~c- finns 2341." SECTION 3. Section 4.554. ~ivis~n (3), Clau~ (e) (1) of t~ VHl~ C~e is ame~ed to ~ad as folios: *'(1) Con~mction Pr~edure ~d meth~s ~ll ~ in accordance with Minne~ Highway ~partment S~ciflcation~ction 2356." SECTIOH 4. Section 4.554 Su~ivision (3), Clau~ (0 (4) of the V~ C~e is amended ~ read as follows: "(4) It ~all ~ ~e re,risibility of ~e cont~c~r to f~ish ~de t~ ~levard in accor~nce with Villa~ St~et da~ C~ss-~ction ~eet 10lA, and p~t~t ~l ~ey monuments and p~p- e~y irons and s~ll r~l~e any ~t a~ dis~r~d or destroyed.', SECTION 5. Section 4.554~ ~ivision ~ (6) of ~e Villa~ C~e Is amend~ as follows: '~. (6) ~CORPORA~ON. Mi~e~ Highly ~ciflcat~ns Sec* finns 2105~ 2106~ 2110, 2202~ 2~1~ 2356, 2531, 2596 and 3138 are ~reby ~cor- ~d by referen~ as ~u~ ~lly fort~ herein. ~ree copies of ~id fications s~ll ~ filed by ~e Clerk- Trea~r in his office for in~ction ~ a~ u~ of ~e public and ~1 ~ mark- ed wi~ ~e words~ ~e Vil~ of New Ho~ -- official copy.' ~"S~rd ~il D~w~s 101A throu6h 108A, a~ hereby ~co~d by refer- ence as ~ouch ~lly ~t fo~ ~rein. ~ copies of ~id d~wi~s ~II filed by ~e Clerk-T~a~rer ~ hlsoffice ior in~ction and u~ of ~e ~blic ~d s~ll ~ marked wi~ t~ wo~s, ~e Villa~ of New Ho~ -- offic~ copy. ~ ,s SEC~oN 6. C~p~r 4 of t~ Villa~ Code Is ame~ed by add~ t~ Section 4.99 ~ ~ad as follows: '4.~9 D~WAY APRONS. ~. {1) HEW CONSTRUCTION CONCRETE. In co--etlon with any ~lldin~ which Is ~ ~ erec~ or al~d, improved or ~onst~c~d provid~ ~ch work -,~exc~ds In a~6re~ co~ 50% '~'.~ ,~ me ~ck of ~e curb ,~i ~e pr~rty l~e for each 1~ or lanes '[of ~hl~r access to a ~r~t. No ~rb ,~1 ~ ma~ u~ess ~ch an ap~n ts ~ ,uS~led adjacent ~e~to. Ail drippy ~ons under ~ts ~ivtsion s~ll i'~'--ls~lled tn accor~nce wl~ ~e fictions therefor p~vi~ ~ ~c~on ,;554, ~. ,~. (2) OLD CONSTRUC~ON __ All lots or ~els of l~d here~tore ~mproved ~ ~e coas[~cfioa of ~e~on, may ~ lieu of ln~l~ way ap~ns to t~ ~ifl~tions p~_ vided ~ ~ction 4.5~, Su~. (3), ln~ll aprons, meet~ ~e follo~n6, m~imum ~irements: Bl~m~us drive~y ap~n f~m ~e ed~ of t~ ~ce St~et ~e pr~r~ line ~1 ~ not less 12 feet nor more ~n 20 feet ~ wid~ ~"~:JL~n ~ cea~c~ wi~ ~ ~ c~ ~ ~ches com~c~ ~ic~ess f Class 5 ~vel ~ and not less , i~hes commend ~lc~as of bi~mi- n~s ~c~ co~o~c ~ Mi~ H$~hway De~ment ~l~lon No. 2~41. a~r its s~ zores a~ effect ~om ~ ~ a~ ~blicat~ '~:~f Nowm~r, 1969, THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~ly sworn, on oath says he is andj during all the times herein stated has been the President of The Post l>ilblishing Co., publisher and printer of the newspaper known as TIlE NEW HOPE-PLYMOUTH POST anc} has full knowledge of the facts herein stated as follows: (1) Said newspeper is printed' in the English language in new~paper /or, nat and in cohunn and sheet form equivalent in printed space to at least 90/) square inches. (2) ,Said newspaper is a weekly and is distributed at .least once each week. (3) Said newspaper has 5/)1% mi its news cot~mns devoted to news of loc~l interest to the community which it purports to serve and does not wholly duplicate any other publication a~d is not made up entirely of patents, plate matter and! advertisements. (4) Said newspaper is circulated in and near the municipality which it l>urperts to serve, has at least 500 copies regularly c~ellvered to paying subscribers, ttas an average of at least 75% of its total circulation currentl;y Irmld or no more than three months in arrears and~ has cntr¢r as second-class matter in its local post-office. (5) Said newspaper ,purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its knew~ office of issue in the City of C~ystal in said county, estab- lished and open d~tring its regular busimess hours .{or the gathering of news, sale o.f .advertisements and sale of subsc~riptions an(~ maintained by the managing officer of said newspaper or persons in its employ and snbject to his direc~clon and contr~l during all such regular hours and at which time said, new~aper is' printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. newspaper has complied with al,1 the :[oregolng conditions for at least two years preceding the day or dates of publlcation mentioned below. (8) Sald newslSaper has filed with the Secretary of State of l~linnesota ,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 pnhllshed therein in the English language, once each week, for.../...suc.cesslve weeks; that it was first so p hllshed on ......... ......... the... 7.CZ' 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 cogy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an~ kind of type used in the composit$on and publication of said notice, to wit: abedefghijldmnopqrstuvwxyz--6 pt. Newstext abedefghijldmnopqrstuvwxyz--7¥2 pt. Excelsior abcdefghij klmnopqrshtvwxyz--7 ¥2 Mem~old Subscribed and sworn to before me this ...... Y~ ........ day Of...~..A.D., ................ .... iff' Ysi ............ ~'-~!~. (NOTARIAL ,S~) ~:~,' P~ I~ ~, · . ........ My Co~l~ion Ex,res ..................... ~ .... 1~ ...... AN ORDINANCE ADDING SECTION 11.45 TO THE VILLAGE CODE IMPOSING TRAFFIC RESTRICTIONS ON A PORTION OF 53RD AVENUE NORTH BETWEEN WINNETKA AVENUE NORTH AND THE EAST BOUNDARY LINE OF THE VILLAGE. The Village Council of the Village of New Hope ordains: Section 1. Chapter 11 of the Village Code is hereby amended by adding thereto Section 11.45 to read as~i'follows: "11.45 Restriction on Portion of 53rd Avenue North. Subd. (1) Traffic Restriction. No person shall drive, operate or move any truck- tractor, road-tractor~ semi-trailer~ or other com- ~mercial vehicle or motor truck, other than a bus or a pick-up truck with a capacity of 3/4 ton, or less, over that portion of 53rd Avenue North between Winnetka Avenue North to East boundary line of the Village. Subd. (2) Home Delivery Vehicles Not Restricted. It shall be a sufficient defense to prosecution under Section 11.45 Subd. (1) That the vehicle was operated on said portion of 53rd Avenue North for the purpose of delivering or picking up materials, merchandise, or food- stuffs to a residential lot or parcel of land~ and that such vehicle's immediate destination was for such purpose. Subd. (3) Notice. The Chief of Police shall erect an appropriate sign or signs giving notice of the restriction imposed by this section. Every sign erected pursuant to this section shall bear the words: "Through Trucks Not Permitted" or "Thru Trucks~ Not Permitted~or No~ThroughTrucks." Subd. (4) Sign Placement. Signs indicating the restriction provided by this section shall be placed at each end of the portion of 53rd Avenue North on which travel is restricted. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ day of //~V~/~ ~ , 1967. Attest: - .~eYk Treasurer' Published in the New Hope-Plymouth Post this .~,~.~,~ , 1967. day of -2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newlspaper 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% o~ its news columns devoted to news of loaal interest to the community which it purports to serve and does not ~holly 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 pnrports to serve, has at least 500 copies regularly c~elivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its know~ office of issue in the City of Crs'stal in said cmmty, estab. lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and sub, oct to his dlre~tlon 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 on ....................................... the ......... day of ...................... 19 .... and was thereafter printed and published on every .......................... to and including the .......... day of ........................... Ii} .... 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--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--?~i pt. ExceLsior abcdefghijklmnopqrsiuvwxyz--7V~ Memphis Bold Subscribed and sworn to before me this. ~.~ ~i Z// .... ..................... day of ..... ~ ............. A.D., ...... ........ (NOTA~AL SEAL) , ~o~ry vubnc ................. ~.. My Commission Expires .................... ~ .... 19 ...... ORDINANCE NO. 67 ~ ~7 AN ORDINANCE AMENDING SECTION 12.01 RELATING TO THE ADOPTION OF THE CRIMINAL CODE BY REFERENCE. The Village Council of the Village of New Hope ordains: Section 1. Section 12.01 of the Village Code is hereby amended by deleting therefrom the following: "12.01 The following provisions of the Criminal Code of 1963, enacted by Laws 1963, Chapter 753 (being M.S.A. 609.01 et seq.) are hereby adopted as the Ordinance prescribing certain misdemeanors, and are incorporated in and made a part of this Ordinance as completely as if set out herein full':'~ and inserting in lieu thereof the following: ~'12.01 The follow%ng provisions of the Criminal Code of 1963, enacted by-Laws 1963, Chapter 753 (being M.S.A. 609.01 et seq.), as amended by Laws 1967 (in- cluding both Regular Session Laws and 1967 Special Session Laws) are hereby adopted as the ordinance prescribing certain misdemeanors, and are incorporated in and made a part of this Ordinance as completely as if set out herein in full:~ Section 2. as follows: Said Section 12.01 is further amended to read By inserting after the words and numbers "MSA 609.52 Theft" the following: (as amended by Laws 1967, including Regular Session Laws and Special Session Laws). By inserting after the words and numbers '~SA 609.535 Issuance of Worthless Check'' the following (as amended by Laws 1967). (c) By inserting after the words and numbers ~SA 609.72 Disorderly Conduct~ the following: (as amended by Laws 1967). Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, this t~~ day of .~~r r , 1967. ' CWrk%Treasurer' Mayor (Published in the New Hope-,-Plymouth Post , 1967.) - 2 - THE I~EW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO,UNTY 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 l~resident of The Post Publishing Co., publisher and printer of the news.paper known as THE NEW HOPE-PLYMOUTH POST ~ has full knowledge of the facts herein stated as follows: (1) Said ne~vspaper is printed in the English language in new~paper format and in column and 6t~eet form equivalent in printed space to at least ~00 square inches. (2) Sold newspaper is a weekly and is ~lfstributed at ~east once e~ch week. (3) Said newspaper has 5~% of its news columns devoted to news of loc~l 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 i.s circulated in and near the municipality which it p,urports to serve, has at least 500 copies regularly d~livered to .paying subscribers, bas an average of at least 75% of its total ch'eulation currently paid or no more than three months in arrears ams has entr~r as second.class matter in its local post-office. (5) Saki newspaper ~urports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its know~ office of issue in the City of C~ystal in said county, estab- lished and open during its regular business hcear~ ,for the gathering of news, sale of advertisements and sale of subscriptions anc~ maintained by the manaEing officer of said newspaper or persons in its employ andl sub~eot to h/s d/faction and contr~l during ali such regular hours and at which time said, newspaper is prh~ted. (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 prece~ng 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 affklavit in the form prescribed by the Seoretary of State and signed by the managing officer of said newspaper ami sworn to before a notary public stating that the newspatper is a legal newspaper. ' hereto attached as a part hereof was out from the columns of said newspaper, and was printed and published therein in the English language, once each week, for.t~....successive weeks; that it was firs, sa published on ................ day 19..~.7 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 kind of type used in the composi~on and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext a~cdefghijklmnopqrstuvwxyz~¥2 pt. Excelsior abcdefghijklmnopqrstuvwxyz~7~/i Memphis Bold Subscribed and sworn to before me this ..... ..... da,, P~LPF~ i, BEN~ET~J~ (NOTARIAL SEAL) [~'~ F~bi[c, Ne~a~in C0un~, ~lfln. Notary Public, ........................ [.ounry, ~mnaso~a -' ~y Commission Expires ...................... ~ .... 1~ ...... ORDINANCE NO. 67- .~ ~ AN ORDINANCE ADDING SECTIONS 11.71 TO 11.77 TO THE VILLAGE COOE RELATING TO THE REGULATION OF GO-KARTS AND SNOWMOBILES. The Village Council of the Village of New Hope ordains: Section 1. Chapter 11 of the Village COde is hereby amended by adding thereto Sections 11.71 through 11.77 to read as follows: "11.71 Intent. It is the intent of this ordinance to supple- ment the Laws of the State of Minnesota, Chapters 168 through 171, Minnesota Statutes, with respect to the operation of certain motor vehicles commonly called go-karts and snowmobiles. This ordinance is not intended to allow what the 'state statutes pro- hibit nor to prohibit what the state statutes ex- pressly allow. 11.72 Definitions. The following words and phrases when used in Sections 11.71 through 11.77 have the meanings as set out herein: Subd. (1) "Go-kart". Go-kart means every self-propelled device or vehicle in, upon or by which any person is or may be transported or drawn upon a highway or natural terrain or designed to travel on wheels in contact with the ground, except automobiles, trucks, motor scooters, motorcycles, snowmobiles and devices or vehicles moved by human power. Subd. (2) "Operate.". Operate means to ride in or on and control the operation of a snowmobile or go-kart. Subd. (3) "Operator" Operator means every person who operates or is in actual physical control of a snowmobile or go-kart. Subd. (4) 'Roadway" Roadway means that portion of a highway im- proved, designed or ordinarily used for vehicular traffic. Subd. (5) "Snowmobile." Snowmobile means a self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners. 11.73. Operation on Village Streets or Highways. Subd. (1) 0.n.. Roadway. No person shall operate a snowmobile or go-kart upon the roadway, boulevard, or inside bank or slope of any village street or highway, except as provided in this section. No person shall operate a snowmobile or go-kart within the village between the hours of one-half hour after sunset to one-half hour before sunrise. Subd. (2) Direct Grossings. A snowmobile or go-kart may make a direct crossing of a village street or highway provided: (1) The crossing is made at an angle of approxi- mately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and (2) The snowmobile or go-kart is brought to a complete stop before crossing the shoulder ormain traveled way of the highway; and (3) The driver yields the right-of-way to all oncoming traffic which constitutes an im- mediate hazard; and (4) In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway. Subd. (3) Lamps and Brakes. No snowmobile or go-kart shall be operated on a public street or highway unless it is equipped with at least one headlamp and one tail lamp. No snowmobile shall be operated upon a public street or highway unless it is equipped with brakes which conform to standards prescribed by Rules of ~ -2- the Co~m~issioner of Highways pursuant to the authority vested in him by Section 168.846 of the Minnesota Statutes. Subd. (4) Emergency Use of Snowmobiles. A snowmobile may be operated upon any village street or highway other than as pro- vided by Subd. (2) of this section in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Subd. (5) Highway Traffic Act. Ail provisions of the Highway Traffic Regu- lation Act, Ghapter 169 of Minnesota Statutes, shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. 11.74 Operations Generally. It shall be unlawful for any person to drive or operate any snowmobile or go-kart in the following unsafe or harassing ways: (1) In excess of 25 miles per hour on public land; (z) At a rate of speed greater than reasonable or proper under all the surrounding circum- stances; In a careless, reckless and negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; (4) While under the influence of intoxicating liquor or narcotics or habit-forming drugs; (5) Without a lighted head and tail light when required for safety; In any planting or tree nursery in a manner which damages or destroys growing stock. -3- (7) In a noisy manner contrary to Section 11.77 (Subd. 1). 11.75. Unlawful Acts. Subd. (1) Operat.i.on. It shall be unlawful for any person to operate a snowmobile or go-kart: (1) On private property of another without permission of the owner of said property; or (2) On publicly owned land, including school, park property, playgrounds and recreation areas, except where permitted by Subd. (3) of this section; (3) Subd. (2) In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. Unattended Snowmobiles. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain un- attended on public property. Subd. (3) Exception. Notwithstanding the provisions of Subdivision (1), Clauses (1) and (2) of this section, the Director of Parks and Recreation shall have authority'to supervise and regulate events or programs in connection'with events conducted by the New Hope Park and Recreatio~ Department in which snowmobiles or go-karts are used. The Village Council shall, from time to time, by resolu- tion, designate village park areas deemed available for such use. ~ 11.76 Defense. It shall be a sufficient defense to the prosecu- tion for violation of Section 11.75, Subdivisions (1) and (2) that the defendant has permission in writing from the owner or lawful occupant of the land, or the public board, body or co~m=ission which is authorized by law to hold and exercise dominion over such lands, or the official authorized by such board, body or commission to grant permission. 11.7~ Equipment. Subd. (1) Mufflers. Ail go-karts and snowmobiles shall be equipped with standard mufflers which are properly attached and which reduce the noise of operation of the vehicle to a noise level which shall not be a dis- turbance to residences of the area of operation and no person shall use a muffler cut-out, bypass, o~ similar device on said vehicles. Subd. (2) Brakes. Ail go-karts and snowmobiles shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicles in a manner equiva- lent to an automobile. Ail brakes shall be main- tained in a good working condition. Subd. (3) Safety Throttle. Ail snowmobiles shall be equipped with a safety or so-called "deadman" throttle in operating condi- tion; a safety or "deadman" throttle is defined as a device which, when pressum is removed from the ac~ celerator or throttle, causes,the motor to be dis- engaged from the driving track. Section 2. Any person violating the terms of this ordinance shall, upon conviction thereof, be fined a sum not to exceed $100 or shall be imprisoned for a period not to exceed 90 days. Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this /~ day of//~=~~ , 1967. Attest: ~' ' - Ma~ C~rk-Treasurer Published in the New Hope-Plymouth Post ~/~~ ~3 , 1967. -5- .71 Council of the Vlll~e SectiOn 1, C~pter 11 ~ the Village Code hereby amen~ by a~ing thereto S~tions ~¥1.~1 thr~h 11.~7 to read as follows: -11.~I Intent. It IS t~ intent ~ this ordin~ce to su~ plement the Laws ~ the State ~ Mln- nes~a, Ch~ters 168 through 1~1, Mtn- nes~a ~atutes, with res~ct to the o~ e~tt~ ~ ce~n m~or ve~cles com- m~ly c~led g~ka~s and snowm~iles. This ordl~nce is n~ intended to allow w~i the state ~atutes prohibit nor to p~hibit w~t the state statutes express= ly ~Iow. ~e~0~5~ng wor~ ~d p~es when usedi~ S~tio~ 11.~1 through 11.77 have the meanings as set ~t herein: - ~. (1) -~kart." ~ means every se~-pr~lled which any ~rson is ~r may be trans- ~d or' drawn u~n a highway or ~tura{ terrain or designed to travel o~ whe~s in contact ~th the ~ound, exc~ automobiles, trucks, motor sc~ers, m~orcycles, snowmobiles ~d ~Ces or vehicles moved by h~an ~wer. ~. (2) "Operate." ~r~e means to ride in or on and C~ol the o~ration ~ a snowmobile or go-~rt. Su~. (3) "Operator." * O~tor means every person who ~tes or is in actu~ physical con- 4tel ~ a snowm~ile or g~. Sh~ 14)" R~dway." ;H~d~y. me~s t~t ~lou ~ hig~y Improv~, desl~ or ~' uS~ for ve~cular tr~ic. vehi~te desired for travel ~ sup or ice or · ~tural terrain st~er~ ~'~ ~, (1) ~ Roadway. ~Nd person s~ll ~rate · snowmobl~ of go-ka~ u~ the r~ay, ~ie~i or inside ~nk or sl~e ~ ~Y ~r~ or highway, exce~ ~ p~o~ a snowm~ile or g~ within th~ lage ~tween the hours ~ on~ ~ter s~set to ~e-ha~ hour ~. (2) Direct Crossings. A snowmobile or g~ may make di~t crossing ~ a ~l~ge ~r~t ~y pro~ded: .(l)~he ~sing is made at ~ ~ appr~imately ~ degr~s to the. directi~ ~ the highly ~d p~ce whe~ no o~tructi~ preyers a quick ands~e crossi~; a~ (2) ~e snowmobile or g~ im br~t to a complete ~ ~ore crossing the sh~lder or main travel~ way the hi.way; and (3) ~e driver ~elds the to, ~1 oncoming tr~ic wMch c~ s~tutes ~ immolate ~rd; ~4) In cross~ a di~ded ~gh~y, t~ cr~s~g is ma~ o~y at ~ inter- s~ ~ such ~gh~y ~th public stre~ or ~way. Su~ ~3) L~ps and Brakes. e~t~ ~ a ~blic stre~ or highly ~ess it is ~ip~ with at le~t he.amp ~d ~e t~l lamp. ~o snow- ~th bras which co~orm to pre~cri~ by Rules ~ theCommis~er ~ Hl~wa~ ~rs~t to the authority ve~ ~ ~m by ~ti~ 268,846 Mi~es~a ~atutas. ~ (~ Emergency Use ~Snowmoblle{. ~ snowm~ile may ~ o~nt~ ~ ~ge stre~ or ~ghway ~her ~ ,~emergency ~r~g the ~ri~ ~when ~d at l~ations where u~ the r~Y renders travel by mobile ~pra~ical. Su~ (5] Highway Tr~fic Act. A~ pro~si~s of the Highly ~tion Act, Chapter 169 ~ u~a ~a~tes, s~ll ~ply to the~ ~atiQ~ ~ sno~obiles u~n ~re~s ~w~, exce~ for those rellim ~ r~ ~u~ment, ~d exce~ /~{ch by. their ~ture ~ve up THE NEW I-lOPE-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 thc president of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% o4 its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Sa~d newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regu.larly chelivered to paying subscribers, has an average of at least 75% of its total circulation currently .paid or no more than three months in arrears an~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth zn the County of Hennepin and it has its kuow~ office of issue in the City of Crcrstal in said county, estab- lished and ot~n 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 ids dirootlon and. control during all suc.h regu. lar ,l~u. rs, and. .at ,whi~h .tlme~.sa. id~. n,ew~p_ap.e~ ist~pfli~i (6) Said newspaper files a copy of each issue amm.e, alateiy, with t. ne state ~ustorica~ o..oczety., tt~. o u newspaper has complied with all the foregoing conditions tm' at least two years preceomg the nay or dates of publication mentioned below, (8) Said newspaper has filed with the Secretary of State Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ............................. hereto attached as a part hereof was cut from thc columns of said newspaper, and was printed and published therein in the English language, once each week, for, Y,..successive weeks; that it was first so published on ........ · ...... 19..~.7 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, beth inclusive, and is hereby acknowledged as being the size and kind of type used in the composlt~on and publication of said notice, to wit: abedefghijklmnopqrstuvwxyz 6 pt. Newstext abcdefghijklmnopqrstuvwxyz~7~ pt. Excelsior abcdefghijklmnopqrsiuvwxyz~7~ Mempltis Bold Subscribed and sworn to before RALPH 1. BE~H~T~UM ( NOTARIAL SEAL) No.fy Public ............ ~.q~;~i~jqe~S~e~, ~934 My Commission Expires .................... ~ .... 19 ...... ORDINANCE NO. 67-~ ~ AN ORDINANGE AMENDING SECTION 5.173 OF THE WATER ORDINANCE RELATING TO THE DUE DATE OF PAYMENT.. The Village Gouncil of the Village of New Hope ordains: Section 1. Section 5.173 of the Village Code is amended to read as follows: "5.173 Payment. Ail bills shall be due and payable when rendered. If payment is not made on or before the 16th day of the month next succeeding the mailing of the bill, a penalty of 10% 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 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the .Village Gouncil this Z~*~day of .z~z~j~~ , 1967. Attest: t ~ierk_Treasurer Published in the New Hope-Plymouth Post the 1967. day of ~z~.~£~r THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 8S. Iii. C. L'Herault, being duly sworn, on oath says he is and} during ali thc times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper 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 new~paper has 50% o~ 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 muni.cipaiity which it purports to serve, bas at least 500 copie~ regu.tarly c%ellvered to paying subscribers, has an average of at least ?5% of its total circulation currentl~ paid or no more than three months in arrears an~ has entry as second-class matter in its local post-office. (5) Said newspaper .purports to serve the Village~ of Hew Hope and Plymouth in the County of llennepln and it has its known office o,{ issue in the City of Crystal in said county, estab- lished 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 new~paper or persons in its employ and; subject to his dire~tlon and control during all such regular lm.urs and at which time sai& new~paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) 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 e~ch 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 rlnted ...... .... ....... ; ................. hereto attached as a part hereof was cut from the column~ of said news,paper, and was printed and published therein in the English language, once each week, for...~...successlve weeks; that it was day 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 slze and. kind of type used in the composit/:on and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--TV~ pt. Excelsior abcdefilhijldmnopqrsiuvwxlrz--7~4 Memphis Bold ..... Subscribed and sworn to before me thi ...... .j..~6 ..... day of..~..A.~., ~. lq'otary Public~ ........................ ()ounty~ Minnesota My Commi~ston E~pire~ .................... ~ .... 1~ ...... ORDINANCE N0. 67- 3 ~ AN ORDINANCE ADDING SECTIONS 8.111 TO 8.118 TO THE VILLAGE CODE RELATING TO LICENSING OF CHRISTMAS TREE SALES The Village Council of the Village of New Hope ordains: Section 1. Chapter 8 of the Village Code is hereby amended by adding thereto Sections 8.111 to 8.118 to read as follows: "Section 8.111 Definitions. The following words and phrases when used in Section 8.111 through 8.118 have the meanings as set out herein: Subd. (1) Christmas Tree. "Christmas tree" means any natural tree which has been cut down and intended to be used for decora- tive or commemorative purposes. Subd. (2) Christmas Tree Sales Lot. "Christmas tree sales lot" means a yard, lot, or place, covered or uncovered~ outdoors or in an enclosed building upon which occurs one or more acts of selling or offering for sale any Christmas tree, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.. Section 8.112. License Required. No person shall engage in the business of selling Christmas trees without first obtaining a license there- for in the manner hereinafter set forth. Section 8.113. Application for License. Application for license shall be made to the village in writing. The application shall state the name and address of the applicant, the name and addresses of all offices of a corporate applicant, the addresses or locations at which the applicant proposes to conduct the business of Christmas tree sales. The provisions of Sections 8.06, 8.07 and 8.08 shall be applicable to all licenses required by Section 8.112. Section 8.114. Approval and Issuance of License. Subd. (1) Standards for Issuance by Village Manager. The Village Manager shall approve and issue a license hereunder when he finds: (1) That the location of the proposed Christmas tree sales lot or lots is in an area zoned as a business or industrial di~rict. If he finds that the area is zoned as a residential district, he shall refer the application to the village council for approval. (2) That the applicant, its agents or officers are capable of operating the business in a manner consistent with public health, safety and good morals. That the use will not cause a traffic hazard or congestion. (4) That non-residential traffic is channeled onto thoroughfares and not onto minor resi- dential streets. Subd. (2) Issuance by the Village Council. The Village Council shall approve the issuance of a license hereunder when it finds: (1) The findings provided in Subdivision (1), Clauses 2, 3 and 4 of this section. (2) That the adjacent residential area will not be adversely affected because of traffic generation, noise, glare or other nuisance characteristics. Section 8.115. Period of License. · Any license issued hereunder shall be effective as of the date of its issuance and shall expire at 12 o'clock p. m. (midnight) on the January 1st next -2- succeeding the date of issuance, provided that no license shall be issued for a period of more than 90 days. Section 8.116. Several Lots. A license issued hereunder shall permit the licensee to engage in the business of Christmas tree sales at each lot or location set forth in the application. The license shall list each lot or location of the licensee for which it is issued. Section 8.117. Fee~ Waivg.r and R~fund. Subd. (1) Fee. The fee to be paid for any license issued here- under shall be $. 25 ., '~ Subd. (2) Waiver and Refund. The Gouncil may refund a portion of the license fee not to'exceed $ 20 ~, when the licensee has removed the Ghristmas trees and litter from the lot on or before the expiration of the period of the license. In determining the amount of refund the council shall consider the type of removal and clean- up and the number of inspections required. The council may waive or refund the license fee of non- profit, charitable enterprises. Section 8.118. General Operating Requirements. The following general operating requirements shall apply to all Christmas tree sales lots licensed in ac- cordance with the provisions of Section 8.112 through 8.118: (1) The ~hristmas tree sales lots, together with the things kept thereon, shall at all times be maintained in a sanitary condition. (2) No space not covered by the license shall be used in the licensees business. (3) No Christmas trees, trinm~ings, branches or litter shall be allowed to rest upon or pro- trude over any public street, sidewalk or -3- r curb or become scattered or blown off the business premises. No Ghristmas tree sales lot shall be al- lowed to become a nuisance; nor shall it be operated in such a manner as to become in- jurious to the health, safety or welfare of the community or of any residence close by. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Gouncil of the Village of New Hope this /~ day of z~=~~, 1967. Attest: surer / ~ 1967. Published in the New Hope-Plymouth Post ~/~ ~ ~ ~ ~ ~ ~.~ , ORDINANCE NO. &7-30 AN ORDINANCE ADDING SECTIONS 8.11 I TO I. Itl TO THE ¥1LLAGE CODE RELATING, TO LICENSING OF CHRISTMAS TREE SALES Village of New Hope, MinneLsota H~ O~S: ~ti~ 1. C~r 8 of t~ Villa~ Code · ~..,~by ~e~ ~ a~tng ~ ~c- ~s 8.111 ~ 8.118 to ~ad as follows: ~ ~tl~ 8.111 ~finlti~s. ~ followi~ words a~ ~m~s when u~d m ~tton 8.111 ~r~ 8.118 ~ meanings as ~t ~t herein: ~. (1) Chri~mas T~. "Chri~mas tree" means an~ ~tural t~ which ~s ~n cut ~ 3n~ te~ ~ ~ u~d for ~comtlve or ~. (2) Christmas T~ ~les Lot. ',~hrl~mas tree ~les tot" means a yard. lot. or place, cover~ or uncov- ereo, ~t~rs or in an enclo~d ~lld- JflK ~ which ~urs one or more acts of ~lllnK or offerinc for ~le any~hri~- ~. whether or ~t t~ p~e~d5 f~m c~riiy. Section 8.112. Licen~ Rebind. No ~r~n shall en~ In the ness of ~lling Christmas trees wtt~ut first obtainlnK a licen~ t~refor tn t~ manner ~l~er ~t ~etion 8.113. A~ll~t~ for Ltcen~. Appli~tion for lt~n~ ~ll ~ ~ the vllla~ in wrltinK. ~ a~lication ~ll ~ the' ~me and a~ss of the offices of a cor~rate applicant, the add~s~s or l~ations at which ~e appli- cam pro~s to con.ct ~e ~siness of Chri~mas tree ~les. ~e provl st~s of Sections 8.06, 8.0~ and 8.08 ~ll ~ applicable to ~ll licen~s ~ired by Section 8.112. Section 8.114. Approval sad ls~ance of ~. (1) s~rds for la.once by la~ Ma~r. ~e Vflla~ Ma~r s~ll approve and isle a ltcen~ hereun~r when he finds: (1) ~t the l~ation of ~ pro~d Christmas tree ~les lot or lots is trial district. ~ he finds ~t the Is zend as a resl~nt~ district, he ~ll refer the application ~ ~e la~ e~ncil for approval. (2] ~t ~e applicant, its a~nts or offi- cers a~ ca~ble of ~ratinK ~ busi- ~ss in a manor consis~nt with public heal~, ~fety and ~ morals. (3) ~t t~ u~ will ~t ~u~ a t~ffic ~za~ or eon~stion. (4) ~t non-resident~ t~ffic ts c~n- ~1~ onto thorouK~s sad not on~ minor residential ~ta. ~. (2) IsSue by ~ Vfll~ ~ Village Co~cfl ~1 a~rove fi~s: (1) ~e findings provi~ in Su~iviston (1), C~u~s 2, 3 and 4 of this tion. (2) ~at t~ adjacent ~si~nt~l wflr ~t ~ adver~ly affec~d eau~ of traffic ~ration, noir,; tics. ~n 8.115. Period of Licen~. Any licen~ is~ ~un~r ~all eff~tive as of ~e ~ of its is~ce and ~1 expl~ at 12 o'cl~k (midget) on t~ Janua~ 1~ next ~c- ce~K ~ da~ of ls~e, provtd~ t~t~ licen~ s~ll ~ isled for a ~ri~ of ~ ~n 90 ~ys. ~lon 8.116. Se~ml Lots. ~ licen~ is~ ~resa~r ~ll ~r- ~ t~ license ~ en~ ~ t~ ~s of Christmas t~ roles at each lot o~ l~ati~ ~t forth in t~ ~li~ti~. ~' e lieen~ s~ll ll~ each lot or 1~* "*n for which It ts ,etlon 8.11~. Fee, Water ~ ~lxl. (1) Fee. The fee to be' paid for say license issued hereunder shall be $25. 5uhd. (2) Waiver and Refund. The Council may refund a imrtion o~J Lhe license fee not to exceed~.0, whenthe ttcensee nas removed the Christmas treem and litter from the lot on or before the expiration of the period oftheliceneeo In determining the amount of refund the ;eencil shall consider the tb~e of removal and clean-up and the number el iospec~ tlons required. The council may waive or refund tb~ license fee of non-profit, char- itable enterpr t sea. Section 8.118. General Ol~rating Require- ments. The following ~eneral operating l~e:~'' THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and} during all the times herein stated has been thc President of The Post Publishing Co., publisher and printer of the new~paper known as THE NEW I-IOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in ncw~,paper format and in column and sheet form cqu.ivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newsrpaper has 50% of its news co1~mns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publieation and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly ctelivered to paying subscribers, has an average of at least 75?$ of its total circulation currently paid or no more than three months in arrears anal has entry as second-class matter in its local post-office. (5) Said newspaper .purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of C~ystal in said county, estab- lished 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 l~urs and at which time sale[ 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 ..... ~ff~.:...~.2..~'J.?. ............................. ..... ................ 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./...successlvc weeks; that it was first so published on .... ~ ......... the...~..~.., day of: ~.~ 1~.7 and was thereafter printed and published on every .......................... to and including the .......... day of ........................... 19 .... and that the following is a printed copy of thc lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size anc~ kind of type used in the composition and publication of said notlee, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext a~cdefghijkLmnopqrstuvwxyz~7t/~ pt. ExceLsior abcdefghijklmnopqrsiuvwxyz~7~ Memphis Bold Subscribed and sworn to before ,nc ..... day (NOTARIAL S~L) ~otary Public, HS~epi~ ~, ~ Hoary PubHc~ ........................ ~unly~ ~mneeo~ My Commission Expires ........................ lg ...... ORDINANCE NO. 67~ 3Z AN ORDINANCE AMENDING SECTION 4.44 AND ADDING SECTION 4.31 TO THE ZONING CODE RELATING TO TEMPORARY USES FOR CHRISTMAS TREE SALES LOTS The Village Council of the Village of New Hope ordains: Section 1. Chapter 4 of the Village Code is hereby amended by adding hereto Section 6.31 to read as follows: "Section 4.31 Permitted Temporary Us.es Subject to Licensin8. The following temporary uses are permitted under provisions of licensing ordinances applicable to such use. Subd. (1) In all districts -~ Permitted Temporary Uses Subjected to Licensins: Christmas tree sales for a period not to exceed 90 days." Section 2. Section 4.44, Clause (6) "In all Districts -- Temporary Uses" is hereby amended by deleting therefrom the words 'Christmas tree sales.'" Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this /~day of ./F~~ , 1967. Attest: c~G~erk-Treasurer Published in the New Hope-Plymouth Post , 1967. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~aly sworn, on oath says he is an~ during all the times herein stated has been the President of Thc Post Publishing Co., publisher and printer of the newspaper known as THE :NEW HOPE-PLYMOUTH POST and has full knowledge of the {acts herein stated as follows: (1) Said newspaper is printed in the English language in newlspaper 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. 5~% of its news columns devoted to news o.f local interest to the community which it purports to serve and does not wlmlly duplicate any other publication and is not made up entirely of patents, plate matter an~ 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% 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 Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Cr~stal ia said county, estab- lished and open during its regular business heurs .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manazing officer of said newspaper or persons in its employ and! subject to lfis dlreotlon 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 f.oregoing 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 Januaw 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ,~e further states on oath that the printed .... (_~, .... g.Z.:~.~. .............................. .... .... ......... 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..../...auccessive weeks; that it v~a~ -~,? - - first so p.bllshed on ....... ~ ......... ~e...~..~... da~ of'.~&'~~'~/ 19&7 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--6 pt. Newstext abcdefghijklmuopqrstuvwxyz--71/2 pt. Excelsior abcdefghijklmnopqrsiuvwxyz--71/2 Memphis Bold Subscribed and sworn to before me thi. .... .J...~.~r.Z, ..... d,y of..:-~V'~.~,~2..A.D., ,,..~..7 (NOTARIAL SEAL) i, . Notary Public ......................... Coianty,~ ~i~ineS°~: , ' ~ ~ My Commission Expires .................... i .... 19 ...... ORDINANCE NO. 67- ~ AN ORDINANCE ADDING SECTIONS 2.80 THROUGH 2.86 TO THE VILLAGE CODE RELATING TO THE ESTABLISH- MENT OF AN ADVISORY PARK AND RECREATION COM- MISSION FOR THE VILLAGE OF NEW HOPE. The Village Council of the Village of New Hope ordains: Section 1. Chapter 2 of the Village Code is hereby amended by adding thereto Sections 2.80 through 2.86 to read as follows: 2.80 P A R K A N D R E C R E A T I O N C 0 MM I S S I O N 2.81 Establishment. There is hereby established a Park and Recreation Advisory Commission for the Village of New Hope. 2.82 Composition. Subd. (1) Number. The Go~-~ission shall consist offive voting members who shall be appointed by the Council. One commissioner will be selected from each of the three voting precincts with two at large. At all times both sexes shall be represented on the Gonm-~ssion by at least one person. Subd. (2) Term. Each member shall serve a term of office for three years or until his successor is appointed and qualifies, ex- cept for the members of the original Commission. One member of the original Commission shall serve a term of One year:~ two a term of two years and two a term of three years. Subd. (3) Vacancies. ~ Any of the following shall be sufficient ground for the office of a member to become vacated upon the adop- tion of a resolution by the Council thereon: (A) Death; (B) Disability or failure to serve, shown by failure to attend any of three con- secutive meetings without good reason. (C) Removal of residence outside of the Village of New Hope; (D) (E) Resignation in writing, or Conviction of a crime constituting a felony or an offense involving moral terpitude. Subd. (4) Filling of Vacancy. Vacancies shall be filled for the unexpired por- tion of the term b~ the Village Council. 2.83 Officers. The members of the Park and Recreation Advisory Commission at their regular meeting in January of each year shall elect, by secret ballot, from their membership, a chairman and a vice chair- man to serve for the ensuing year. The office of chairman and/or vice chairman shall not be held by the same individual for more than two consecutive years. The Director of Parks and Recreation shall serve as secretary for the Commission. 2.84 Compensation.. The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefor are pro- vided in the adopted budgets of the Park and Recreation Fund. 2.85. Meeting Procedures. The Commission shall adopt rules for the transaction of its mo %hi . business and shall establish re§ula~me~ting dates~ but special meetings may be called by any officer of the Commission upon three days notice to all members. Three members at a regular or special meeting of the Commission shall constitute a quorum. All questions presented for a vote of the Commission shall be decided by a simple majority of those present. Minutes of each meeting shall be filed with the Village Clerk-Treasurer as a permanent record of the village and mailed to the Village Manager and all Commission members within two weeks after the meeting. The secretary shall notify all members of regular and special meetings of the Co~.~ission. 2.86 Duties. The duties of the Commission shall be advisory to the Village Council and shall include the following: (1) Submit an annual report not later than January 31 which shall contain a summary of the Park and Recreation Department's activities for the past year. -2- (9) (lO) (2) Submit a proposed budget not later than July 15th for the ensuing year. The Com- mission's recommendations for the ensuing year shall accompany the proposed budget. (3) Other reports shall be submitted to the Council as requested or as the Commission deems appropriate in light of the matter under consideration. (4) Be knowledgeable of desirable park and recreation standards and evaluate the department programs with these standards. (5) Review current recreational programs and evaluate these programs with the needs of the co~unity. (6) The Go~m~issionmay formulate and prescribe reasonable rules and regulations for the use by the general public of any park facilities in any park areas. No such rule or regula- tions shall be enforceable by criminal pro- secution unless adopted by ordinance by the Council. (7) Foster equitable and compatible relationships between the village and the school district in which the village is located in the joint use of facilities with regard to park and recreation programs. (8) Foster equitable and compatible relationships with neighborhoods and individual citizens as regard park and recreation programs. To keep public officials informed on the status and progress of recreation services. Interview the persons certified by the Personnel Board from the eligibility list for the position of Director of Parks and Recreation and make their recommendations to the village manager. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Attest: ~ Cl~rk-Treasurer Passed by the Village Council of the Village of New Hope , 1967. Mayo~tz Published in New Hope-Plymouth Post this M day of~~ ~ , 1967. -3- ORDINANCE NO. &7-32 AN ORDINANCE ADDING SECTIONS 2.E0 THrOUgH ~,~ TO THE VILLAGE CODE RELATING TO THE~STABLISHMENT OF AN ADVISORY PARK .AND RECREATION COMMISSION FOR Tile VILLAGE OF NEW HOpE Villege of New Nope ~",Tha Village Council of the Village Hope ordains: ~ection 1. Chapter 2 of the Village Cede ~iS- hereby amended by addin~ thereto Sec- ttons 2.80 through 2.86 to read as follows: 2.80 PARK AND RECREATION COMMISSION 2.81 Establishment. There is hereby established a Park and Recreation Advisory Commission for the Village of New Hope. 2.82 Composition. Subd. (1] Number. The Commission shall consist of five voting members Who shall be appointed by the Council. One commissioner will be se- lected from each of the three voting pre- cincts with two at large. At all times both sexes shall be represented on the Com- mission by at least one person. Subd. (2) Term. Each member shall serve a term office for three years or until his suc- cessor is appointed and qualifies, except for the members of the oriclnal Commis- sion. One member of the ori61ual Commis- sion shall serve a term of one year, two a term of two years and two a term of three years. Subd. (3) Vacancies. Any of the fullQ~ing, shall be sufficient ~round for the office of a member to come vacated upon the adoption of a resolu- tion by the Council thereon: (A) Death; (B) Dtaablllty or failure to serve, shown by failure to attend any of three consecutive meetings without good reason. (C) Removal of residence outside of the Village of New Hope; (D) Reatguatiou in writing, OF (E) Conviction of a crime consUtuting a felony or an offense involving moral terpitude. Subd. (4) Filling of Vacancy. Vacancies shall be filled for the ,ii portion of the term by the Village _83 Officers. The members of the Park and Recreation Advisory Commtsuiou at their regular meet- ing in January of each year shall elect, by secret ballot, from their membership, a chairman and a vice chairman to s~rve for the ensuing year. The office of chairman and/or vice chairman shall nut be held by the sams individual for more than two consecutive years. The Director of Parks and Recreation shall serve as secretary for the Commission. 2.84 Compensation. The members of the Commission shall s~rve without pay but may be reimbursed for actual exp~nses if funds therofor are provided in the adopted budgets of the Park and Rc~resiion Fund. 2.85 Meeting Procedures. The Commission shall adopt rules for the transaction o/ its business and shall establish regular monthly meeting dates, b~ special meutings may be called by any officer of the Commission upon three days notice to ali members. Three members at a regular or special meeting of the Com- mission shall constitute a quorum. All quea- tioss presented for a vote of the Commission shall be decided by a simple majority of those present. Minutes of each meeting shall be filed with the Village Clerk-Treas- urer as a permanent record of the village and mailed to the Village Manager and all Commission members within twoweeksaftar the meeting. The secretary shall notify all members d re~lar and special meetings of the Commission. 2.86 Duties. The duties of the Commission shall be advisory to the Village Council and shall include the following: (1) Submit an annual report not later than January 31 which shall eo~tain ~a summary of the Parl~ and Rec- ~m ,atiou Department's activities forth, L~,~oubmit a proposed bedWet~,not-lat~l~ than July 15th for the ensuing year. The Commission*s rtmommendations for the ensuing year shall accompany the proposed budget. (3) Other reports shall be submitted to the Council as requested or as the Commission deems appropriate in licht c~ the matter under considera- tion. (4) Be knowlndgsable of desirable park and recreation standards and eval- uate the deuartmeot programs with THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS, E. C. L'Herault, being daily sworn, on oath says he is anc~ during all the times herein stated has b-on the L~esident of The l~ost P~blishing Co., publishe~ and printer o£ the nev~,eaper known as TIlE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Sa/d newspaper is printedl in the English language in new~aper fol,,at and in column and sheet form equivalent in l~rinted space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. ($) Said news~paper has $~% of its news columns devoted to news of loeb1 interest to the community which it purports to serve and does not wholly daiplicate any other publication an~ is not made up entirely of patents, plate matter an~ advertisements. (4) Said newspaper i,s circulated in and near the municipality which it purports to serve, has at least $00 cop/es regularly ~ellvered to paying subscribers, tins an averse of at least ?5% of its total circulation currentl,7 paid or no more than three months in arrears an~ ha~ entr~ as second,class matter in its local post-office. (5) Sakl newspaper purports to ~erve the Villages of New Hope a~d Plymouth in the County of Henneldn and it has its k~ow~ office of issue in the City of Cr~stal in sakl county, astab- llshed andl open during its regular busimess hour~ ~or the gathering of news, sale of advertisements and sale of subsca-iptions an~ maintained by the managing officer of said newspaper or persons in its employ audi subject to his dlreaCion and control during all such regular hours and at which time said, nev~spaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Sai{~ newspaper has complied with al.l the foregoing conditions for at least two years preced/ng 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 ar[ 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 ~tating that the newspmper is a legal newsp'~per. He further states on oath that thc printe~l ....... ..~;.. hereto attached as a part hereof wa~ cut from the columns of said ncwapaper, and was printed and p~bllsbed therein in the English language, once each week, for. Z..snccesslve weeks; that it was 19 . ./q. ./ and was thereafter printed and pub.I/shed on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, .both inclusive, and is hereby acknowledged as being thc size and~ kind of type used in the compodt/on and publieatlon of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz~?~ pt. Excelsior abcdeighi]klmnopq=sfuvwxyz--?~ Memphis Bold Subscribed and sworn to before ............ .......... .......... (NOTARIAL SEAL) Ho~ Pubflc, ........................ C~n~ Minneso~ Commission Expires ..................... ~ .... 19 ...... OP~DIN~CE NO o ~ AN ORDINANCE AMENDING CHAPTER 4 OF THE VILLAGE CODE BY AMENDING SECTION 4.72 AND SECTION 4.78 SUBD. (1) RELATING TO SIDEWALK REQUIREMENTS. The Village Council of the Village of New Hope ordains: Section 1. to read: Section 4.72 of the Village Code is amended "4.72 Pedestrian Traffic. In all BUSINESS DISTRICTS (LB, RB and GB) and INDUSTRIAL DISTRICTS (LI and GI), all development uses shall provide Portland Cement concrete sidewalks to a width of not less than five feet in'the boulevard along all streets abutting the property. Such sidewalk shall also, be provided with any new development along a street designated as a pedestrian walkway in the Village Plan." Section 2. Section 4.78, Subdivision (1) of the Village Code is amended to read: "Subd. (1) Sidewalk. Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances~ to the building. Portland Cement concrete sidewalks to a width of not less than five feet shall be provided in the b~ulevards along all streets abutting the property." Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council this ~f... day 1967. Attest: Mayor t~ub!ished in the New Hope-Plymouth Post this Z~~.~,~ , 196 f . day of SECTION Code is amended ~o and OB) and (LI and Gl), all development uses PrOVide Portland Cement cnocreto side° walks to a width of not less than five feet in the boulevard along all streets abutting the property. Such sidewalk shall alsO, be provided with any now~develOP- me~t along a street pedestrian SECTION 2. (1) of the Village Code t "Subd. (1) SIDEWALK. ~ Sidewalks shall be ~g areas, loading Portland Cement a width of not less Mayor THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and~ during all the times herein stated has been /~he P~esident of The Post Publishing Co., publis~her and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and ahect form equ/valent in printed space to at least 9/)0 square inches. (2) .Said newspaper is a weekly and is distributed at ~east once each week. (3) Said newspaper has 50% et its news columns devoted to news of loc~l interest to the community which it purports to serve and does not wholly duplicate any ether publication an<~ is not made up entirely of patents, plate matter an~ advertisements. (4) Said newspaper is cirenlated in and near the municipality which it purports to serve, has at least 500 copie~ regularly c~elivered to paying subscribers, ,has an average of at least ?$% of its total circulation currently Imid or no more than three months in arrears anc~ has entry as second,class matter in its local post-office. (5) Said newspaper ,purports to serve the Villages of New Hope a~d P1Fmouth in the County of Hennepin and it has its know~ office of issue in the City of CaTstal in said county, estab- lished and open dm'/ng its regular bus/mess hours ,/or the gathering of news, sale o,£ advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to bls ~irec~ion wad contt'nl during all such regular hours and at which time said. nev~p~per is prh~ted. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Sai{~ newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publl,cation mentioned below. (8) Said newspaper has filed wlth the Secretary of State of Minnesota ,prior to January 1, 1966 and each January 1 thereafter an affldavlt 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 Se newspaper is a legal newspaper. ge further states ou oath that the printed ........ ::..3. ......................... 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../...suceesslve weeks; that it was 19..~.?and was thereafter printed and Publlshed 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, beth inclusive, and is hereby acknowledged as being the size anc~ kind of type used in the compodti,on wad publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijk_lmnopqrstuvwxyz~?~ pt. Excelsior abcdefghijklmnopqrstuvwxyz~7~ Memphis Bold Subscribed and sworn to before me ~his ....... .~. ....... day of .... ..~.~~,~...A.D., 19..+..7 ......... (NOTARIAL SEAL) ~¢i:iT e;,~ , ~ .... ~ {~<~?;(4, Notary Public ........ "~;' .;2(:~:;:i'i'; ;~ou~t~.; l~imaeso~a ,~ My Commlsslou Expires ..................... , .... 19 ...... ORDINANCE NO. 67 -~ AN ORDINANCE REPEALING SECTION 4.545, SUBD. (3) OF THE VILLAGE CODE RELATING TO PLACEMENT OF UNDERGROUND CABLE AND TRANSFORMERS The Village Council of the Village of New Hope ordains: Section 1. Section 4.545, Subd. (3) Undersround Cable and Transformers, of the Village Code be and the same is hereby repealed. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ day of .j/~ ~ ~~.~ , 1967. ~?~f(]~erk-Tr easur er Mayor (Published in the New Hope-Plymouth Post /?~~r ~. ?f6.~ .) ORDINANGi~ NO~ 67.34 ANGE IUEPEALB~I~ SEGTtON AND TRANS~RMERS Vili~ge of New Ho~ ~e V~I~ C~ ~ t~ V~ll~e o~ o~ns* o~D cABLE A~ TRANSFOR~- ~ERG~ ....... ~e ~ a~d the ~me, ~l :~eby re~ed. ~'~C~O~ 2. This ordl~ce s~ll ~11 force ~d effect f~m and after ~s~ and ~blica~ion. pas~d by ~e Vllla~ C~ncil of VDI~ of ~ew Ho~ ~ls 28~ ~Y of ~m~r, 196~. M. C. Mayor A~EST: BE~ POULIOT, Clerk-Trez~rer. New ERS, THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being drily sworn, on oath says he is an~ during all the times herein stated has been thc President of The Post Pnblishing Co., publisher and printer of thc newspaper known as THE NEW HOPE-PLYMOUTH POST an~ bas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed' in the English language in newlapaper roi*mat and in column and sheet form equivalent in printed space to at least 90(} square inches. (2) ~Said newsl>aper is a weekly and is gis/ributed at least once e,~¢h week. (3) Said newspaper has 5g% of its news cot~mns devoted to news o£ loewi interest to the community which it purports to serve and does not wtmlly dnplicate any other imb{icatlon anti is not made up entirely of patents, plate matter and/' advertisements. (4) Said newspaper is ci*culated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscriberfi, has an average of at least ?5% of its total circulation currently ,paid or no more than three months m arrears and has entry as second.class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the Cmmty of 1-Iennepin and it tins its know~ office of issue in the City of Crystal in said county, estab- lished and~ open during its regular business hours ,/or the gathering of news, sale of advertisements and sale of subscriptions and maintained by the msnazing officer of said newspaper or persons in its employ andl subject to his direc~ion and. control during at.1 such regula~ hours and at whiah time ssi& newspaper is pri~led. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) newspaper has complied with al.l the foregoing conditions for at least two years preoed/ng 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 newslmper. ' 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 a~d p~blished therein in the English language, once each week, for../...suceesslve weeks; that it was 19.~..2 and wa~ thereafter printed and puhl/sbed 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: abedefghijklmnopqrstuvwxyz~6 pt. Newstext abcdefghijklmnopqrstuvwxyz~?~ pt. Excelsior abcdefghijklm,nopqrstuvwx1~z~7~ Memphis Bold Subscribed and sworn to before ..... ......... (NOTARIAL .SEAL) ~otary Public He~epil~CPu~t~ ~o~7 ~nbllc, ............ i ........... C~n~ ' Commission Expires ..................... ~ .... 19 ...... ORDINANCE NO. 67 - ~ AN ORDINANCE AMENDING SECTIONS 4.103 AND 4.104 RELATING TO CHANGES IN THE MULTIPLE- FAMILY RESIDENCE DISTRICT AND THE LIMITED BusINESS DISTRICT, The Village Council of the Village of New Hope ordains: Section 1. Section 4.103..of the Village Code is amended by the addition of the following: "(32) The North 672 feet of Lot 36, Auditor's Subdivision No. 226, Hennepin County, Minnesota." Section 2. Paragraph number 10 of S,ection 4.104 of the Village Code is amended to read as follows: "(lO) Ail of Lot 36, Auditor's Subdivision No. 226, Hennepin County, Minnesota, lying South of the North 672 feet thereof, except that part be- ginning at a point in the West line of said Lot 36 distant 1025.28 feet South of the Northwest corner of said Lot; thence East at right angles to said West line, a distance of 206.63 feet; thence at a right angle South to the Northerly right-of-way line of County Road No. 10; thence Westerly along said Northerly right-of-way line to the West line of said Lot 36; thence North along said West line of said Lot 36 to the point of beginning." Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota, the ~ f day of ! Attest · ~ ~ ~Treasurer Mayor Published in the New Hope-Plymouth Post the day of ~z~ . THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO'UNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and} during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known aS THE NEW HOPE-PLYMOUTH POST and bas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newlspaper format and in column and sheet form equivalent in printed space to .at least 900 square inches. (3) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50~°/0 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 l~ast 500 copies regularly d~llvered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears an~ has entr~y as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in thc City of Ca, ystal in said county, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and saic of subscriptions and maintained by the managing officer of said newspaper or persons in its employ anc~ subject to his direotion and control during all such regular hours and at which time said. ncw~paper 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 ~'anuary 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. I-Is further states on oath that tbs ~nted .... . .J,~,z'~. ...... ~ .4~ ..... ,-. ............................. .... ..... ............................................... hereto attached as a part hereof wa~ out from the columns of said newspaper, and was printed and published therein in the English language, once each week, foro./....auccessive weeks; that it was ...... .......... .... da7 / 19 .~'. . .J/ and wa~ thereafter printed and published on ever7 .......................... to and including the .......... day of ........................... 19 .... and that the following is a printed copy of the lower ease alphabet from A to Z, both inolu6.ve, and is hereby acknowledged as being the size and~ kind of type used in the composlt~on and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--Tl~ pt. Excelsior abcdef~hi]klranopqrsiuvwxyz~?Vl Memph/s Bold Subscribed and sworn to before .... ........ ....... RALPH }~ (NOTARIAL S~L) ~:i:~r~: F'ubi~c, ota. ........... ?: My ~mmlsslon Ex,res..'~.~ .............. ~ .... 19 ...... i, ORDINANCE No. 67- ~c AN ORDINANCE ADDING SECTION 4.651 TO THE VILLAGE CODE RELATING TO SITE IMPROVEMENT CONTRACTS AND BONDS FOR APARTS~NT CONSTRUCTION. The Village Council of the Village of New Hope ordains: Section 1. Chapter 4 of the Village Code is hereby amended BY Adding thereto Section 4.651 to read as follows: "Section 4.651 Required Site'-Improvement Agreements and Bonds. Subd. (1) Agreement and Bond. Prior of the issuance of a building permit under Section 5.28 for an apartment building with three or more living units, or an apartment development, the permit applicant, builder or developer shall execute and deliver to the Council a Sit-e-improvement Agreement providing for the installation within one year of the off-site and on-site improvements required under Subdivision 2 of this section, secured by a cash escrow/§~rety bond in an amount and with surety and conditions satisfactory to the village, to assure the village that such improvements will be actually constructed and installed according to specifications and plans approved by the village as expressed in such agree- ment. The agreement, bond and bond amount shall contain and be conditioned upon those conditi'ons provided in Section 4.S61, except :thQse which by their nature have no application. Subd. C2) Required Improvements. The required improvements 'are street signs, traffic control signs, sidewalks, concrete drive- way aprons, boulevard sod, drainage swale sod, trees, shrubbery, landscaping, and when necessary to meet the performance standards of Section 4.65 and 4.75, fencing and storm water drainage, re- spectively. Such improvements 'shall be installed in accordance with: Ca) The specifications e's- tablished in Sections 4.01 to 4.200 CZoning) and Sections 4.S00 to 4.S72 CPlatting) for such work; and Cb) The specifications and'plans approved by the Village as expressed in the Site 'Improve- ment Agreement. Subd. CS) ~ Waiver. The Council may waive all or a portion of the requirements and regulations provided in this section if it finds: (a) That the required improvements or substantially :all of them, have ibeen installed at the time the building permit is applied for, or (b) Compliance with !the' foregoing re- quirements will create anmnecessary hardship and failure 'to, comply does not interfere with the .purpose of this section. Section 2 This ordinance .shall be in full force and effect, from and af'ter its passage and publication. 1967. Passed by the Village Council this ~?~/ day of December, Attest: Mayor Published in the NeW Hope-PlymoUth Post ,the ~i'S$- day of Qi~., ,~ 196 ~q . THE NEW HO'PE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. £. C. L'Herault, being duly sworn, on oath says he is and~ during ail the times herein stated has been thc President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE.PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper 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 1cast once each week. (3) Said newsoaper has 50,% o,f its news .columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other pub.lication 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 d~elivered to paying subscriber, s, has an average of at least ?5% of its total circulation currently paid or no more than three months tn arrears an5 has entry as second-class matter in its local post-office. (5) Said newspaper .purports to serve the Villages of Blew Hope and Plymouth in the County of Hennepln and it has its known, office ~f issue in the City of Crystal in said county, estab- lis.bed and open during its regular business hours for the gathering of news, Sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said new~paper or persons in its employ andJ subject to his direction and control during all such regular hours and at which time said, newspaper is prln,ted. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newsl>aper has complied with al.1 the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further state, on oath that the prlnt ..... ....... ......... ........ ..... hereto attached as a part hereof was cut from the columns of said new~paper, and was printed and published therein in the English language, once each week, for. /.. .auccesslve weeks; that it v~as first so published on ................ the.~-~../.., day of. · 19.~..7 and was thereafter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed c(~py of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an~ kind of type used in the composition and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--7V2 pt. Excelsior abgdefghijklmnopqrsiuvwxyz--?z/i Memphis Bold Subscribed and sworn to b~fore me this .... ~....~,7~. .... day of...~A.D., lP...... ~ ~ ......... ........... RALPH J. B£NNET~Jt (NOTARIAL SEAL) Notary Public, Hennepin Cour~tL Minri. Notary Public,... My Commisstonr~,x~,i~,e,s 4Jl[l. 27.th ,97~ My Commlsslo~n Expires .................... ~ ..... 19 ...... NO. 67- AN ORDINANCE CHANGING THE NAME OF A PART OF LOUISIANA AVENUE NORTH TO MARYLAND AVENUE NORTH The Village Council of the Village of New Hope ordains: Section 1. That part of Louisiana Avenue North lying between 38th Avenue North and the northeasterly extension of 39th Avenue North, as shown and dedicated in the plat of Gwynnco Second Addition, is hereby renamed and established as Maryland Avenue North. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. 1967. Passed by the Village Gouncil on the /~ day of December, ATTEST: Cie~-TreaSurer Mayor Published in the New. Hope-Plymouth on the ., 1967. day of ~;~. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is an~ during all the times herein stated has beeu the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in nev~paper 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~% o,f its news columns devoted to news of local interest to the community which it purports to serve and does not wholly dtlplicate any other pub.lication 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 d~livered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears ana~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin ancl it has its know~ office t~f issue in the City of Cl3rstal in said county, estab- lis~hed and open during its regular business ho~rs .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 an& subject to his direction and control during all such regular hours and at which time said, newspaper is prir~ted. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with al.l the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 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 newspa~pec is a legal newspaper. ...b..?.:?...7 ............................. He further states on oath that the prlnted, o ,~~ f~, ~f~,..~., ,~.. ..... ~. ,~.: hereto attached as a part hereof was cut from the columns of said newspaper;, and was printed and published therein in the ~ce each week, for..../...successlve weeks; that it was first so published on .................. ~ the...~../.., day of.~ 19~,.7 and was thereafter printed and published on every .......................... to and including the .......... day of ........................... 19 .... and that the followlng 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--6 pt. Newstext abcdefghijklnmopqrstuvwxyz--7V2 pt. Excelsior abcdeighijklrnnopqrsiuvwxyz--?~ Memphis Bold Subscribed and sworn to before me thi ...... ..~..J~g~. ...... day of .... ~.A.D.. (NOTARIAL SEAL) ~ ~ , - ,. , ', ':' Notary Public, ........... ~ ........... C°unty'~ MinneSOta My Commission Expires .................... ~. ....19 ORDINANCE NO . 67- 3 g AN ORDINANCE AMENDING SECTION 4.68, SUBD. (6) OF THE VILLAGE CODE RELATING TO VEHIGLE PARKING IN RESIDENTIAL AREAS The Village Council of the Village of New Hope ordains: Section 1. Section 4.68, Subdivision (6) of the Village Code is amended to read: "Subd. (6) Other Parkin8 in Residential Areas. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. Vehicles shall not be parked on any public street, highway or alley for a peroid of time longer than permitted under Section 11.24." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council this ~ day of z~iE~,z~/2~ , 1967. At te s t: i <~i~ ~r~-T~easurer ~blished in the New Hope-Plymouth Post this ~/~~7~ day of . Mayor THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being dnly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the /acts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper 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,% of its news cotumns devoted to news o£ local interest to the community which it puzports 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 thc municipality which it purports to serve, has at least 500 cop/es regularly ctelivcred to paying subscribers, has an average of at least 25% of its total circulation currently paid or no more than three months in arrears anC~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages 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, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in /ts employ and subject to his direotion and control during all such regular hours and at which time said. newspaper is prln.ted. (5) Said newspaper f/les a copy of each issue immediately with the State Historical Society. (?) S~id newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. ($) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1955 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...d~...succeaslve weeks; that it was first so published on ....... ~ ......... th .~...~... 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 thc lower case alphabet from A to Z, both inclusivc, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. Newstext abcde£ghijklmnopqrstuvwxyz--?~/i pt. ExceLsior abcdefghijklmnopqrsiuvwxyz--7~ Memphis Bold Subscribed and sworn to before me this .... J~ ...... day of..~...A.D.. 19.~-~'.~ .............. X ............ (NOTARIAL SE~) ~ ::: : ': .::. Notary Public, ........................ COUnty, My ~issJon Ex,res .................... < .... lJ ...... ORDINANCE NO. 67-39 AN ORDINANCE AMENDING SECTION 4.105 OF. THE VILLAGE CODE RELATING TO A REZONING CHANGE IN RETAIL BUSINESS DISTRICTS. The Village Council of the Village of New Hope orda~s: Section 1. Section 4.105 of the Village Code is hereby amended bY' the addition of the following: "16.-That part of the Northwest Quarter (NW 1/4) of Section 5, Township 118, Range 21, described as follows: Beginning at a point in the center line of Osseo ROad distant 830.53 feet Southerly along said center line from its intersection with the North line of said Section; thence East along a straight line to a point thereon distant 729 feet West of the East line of said Northwest Quarter (NW 1/4), said straight line if extended Easterly would intersect said East line at a point 783 feet South of the Northeast corner of said Northwest Quarter (NW 1/4); thence at a right angle SQuth 176.5 feet; thence at a right angle East 25.4 feet, thence at a right angle South 80 feet; thence at a right angle WeSt to the center line of Osseo Road; thenceNorthwesterly along the center line of said Road to the point of beginning, according to the United States Government Survey thereof. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by,he Village Council of the Village of NeW Hope this ~___~__~day of ~j~~ , 196~. Attest: c~e/~-Treasurer ~a¥O~ Published in the New Hope-Plymouth Post THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~ly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspapor known as THE NEW HOPE-PLY~/IOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said new~poper 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 new,'~paper is a weekly and is (listributed at least once each week. (3) Said newapaper has 50% o,f 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 regu.larly d~livered to paying subscribers, hss an average of at least ?5% of its total circulation currently .paid or no more than three months in arrears anc~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope an.d Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business 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 empley andl subject to his direction and control during all such regular h~urs and at whic~h time said. new~paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Sa~d newspaper has complied with a1.1 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 e~ch 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 pri~nted ...... hereto attached as a part hereof was cut frOm the column~ of said news~paper~ and was printed and published therein in the English language, once each week, for..~...successive weeks; that it was 19IZ~.~. 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, beth inclusive, and is hereby acknowledged as being the size anc~ kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. Newstext abcdefghijklmnopqrstuvwxyz--7~ pt. Excelsior abcdefghijklrnnopqrsiuvwxyz--71/i Memphis Bold Subscribed and sworn to before .......... (NOTARIAL SEAL) i~L~ ~. ~otary Public ........... I~. ~,,PP?~'pj~ipp. My Commission Expires .................... ~ .... 19 ...... ORDINANCE NO. 67-~ AN ORDINANCE AMENDING SECTION 3.49 OF THE BUILDING CODE RELATING TO CONSTRUC- TION OF FIREPLACES. The Village Council of the Village of New Hope ordains 'as followS: Section.1. Section 5.49 Subd. (2) of the Village Code is hereby amended bY the' addition of the following: "(.G)i section 5712 is'amended bY adding :thereto $'h'bdivision (m)to read as follows: '(m)'Ashpit- Any fireplace her.eafter con structed in any single-family, twO- family 'or apartmen% house as :defined in Section 40.2 of :this Code, :thaZ: utilizes an ashpit in its construction :shall have: :(1)at least one cleanout;' (2.). a flat 'floor no more than 6" below the bottom of thecleanout; (5)' no: hidden or recessed areas. All portions of the ashpit shall be easily accessible from .the cleanout,'" Section '2.~ This ordinance shall be in :full force and effect from and'aft'er its' passage and publication. Passed by the Village Council of the Village of NeW HoPe, Minnesota this ~ day of December, 1967. Attest: ~C~k'-Tr easurer Published in the NeW Hope-Plymouth Post .th.iS ~/ 19 6 '~ . __ day of 7-.~wuS.~Z, ..... , THE NEW HOPE-PLYMOUTH POST ^FRD^V T OF P08L C^TION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Heraalt, being d~tly sworn, on oath says he is an~ during all the times herein stated ha~ been the president of The Post publishing Co., publisher and printer of the new~paper known as~ THE NEW HOPE-PLYMOUTH POST and has full lmowledge of the facts hcrain stated as fo}lows: (1) Said new~paper is printec~ in the English language in new!spaper format a.nd in .column and sheet form equivalent in printed space to .at least 990 square inches. (2) Said n~wspaper is a weekly and is d~stributed at les~t once each week. (3) Said new.~paper has 501% of its news co[~amns devoted to news of lochl interest to the community which it purports to serve and does not wholly duplicate any other publication an~ is not made t~p entirely of patents, plate matter audi advertisements. (4) Sa~d newspaper is circulated in and near thc municipality which it p~urports to serve, has at least 500 copies regt~arly d~Llvered to paying subscriber, s, has an ave. rage of at least 75~,o ,of its total.clr, cula, tion, currently' p~id or no more than three months m arrears an~ has entr,y as secona.ciass matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Henn~in and it has its know~ office of issue in the City of Cr~stal in said county, estab- lished an~t open during its regular business hours .{or the gathering of news, sale of advertisements and sale of subscriptions ~ud maintained by the managing officer of said newspaper or ~erso~s in its employ audi subject to his ~lirec~ion anc~ control during e3.1 such regular hours and at which time said, newspaper is' printed. (6) S~id newspaper files a copy of each issue immediately with thc State Historical Society. (?) Sai~ newspaper has complied with all the ~oregoing conditions for ~t least two years 9recedlng the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to ~anuary 1, 1966 and each Januar. y 1 thereafter an affklavit 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 neWSl~per. further states ou oath that the printed ..... .... ...................... ...... .......... · ...... hereto attached a~ a part hereof was e~t from the eolum~ of said new~paper~ and wa~ prlnted and publlshe~ therein in the English language, once each week, for../...aaecesslve weeksl that it was first ~o publlsh~l on ............... the..~.~i~, day o .. 19~.Ya~d was thereafter l:~rlnted and published on every .......................... to and iueluding tho., ........ day of .......................... 19 .... and that the followlng is a printed copy of the lower ca~e alphabet from A to Z~ both im:lusive, and is hereby acknowledged as being the si~e and~ kind of type used in the compesitlon and publication of ~ald notice, to wit: abcdefghljldmnopqrstuvwxyz--6 pt. Newstext at)cdeighijklmnopqrstuvwxyz~7V2 pt. ExceLsior abcdefghijklrnnopqrsiuvwxyz--7~ Memphis Bold Subscribed and sworn to before me ...... ...... ........... ~' ~,I.~. ~:. ~ ~E~NE~f}~ Commission Expires ..................... ~ .... 19 ...... ORDINANCE NO. 67- AN ORDINANCE AMENDING SECTIONS 3.04, 3.05, 3.06, 3.07 AND 8.23 OF THE VILLAGE CODE RELATING TO FEES The Village Council of the Village of New Hope ordains: Section 1. Subdivisions (1), (2) and (3) of Section 3.04 of the Village Code are amended to read: Subd. (1) Residential. For any permit for the erection of any building or structure other than commercial and industrial buildings and buildings of public assemblage or for the erection of any addition for similar occupancy to any existing building or addition included in such permit, shall be at the rate of $1.40 for each 1000 cubic feet, or fraction thereof, in cubical content. Subd. (2) Co~m~ercial or Industrial. For any permit for the erection of any com- mercial or industrial building or buildings of public assemblage, or for the erection of any addition for similar occupancy to any existing building, the fee so charged shall be $5.00 for the first $500..00 of value of the. estimated cost; and if the estimated cost for all proposed work exceeds $500.00, the fee shall be $5.00, plus $2.00 for each $500.00 of estimated cost or fraction thereof in excess of $500.00. A minimum fee of $25.00 shall be charged for any permit is- sued under this subdivision. 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 $2.00 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 ipermit if the cost of all pro- posed work does not exceed $50.00. Section 2. to read: Section 3.05 of the Village Code is amended 3.05 Electrical Permit Fees. The applicant for a permit under the "Electrical ~J~t Code"~ Section 3.60, as amended, shall pay to the ×~/~ Village at the time of making such application ~ ' ~uance fee of "$i.00, 'a~d i~ ~ddltlu~, the following fees: " ice s ~ For the l~tallation of new servig~, in- cluding the firs~eter socket, thefts provided/z~.~ in the following sc~e: ~ ~/~ ~ ~ ~ Se~ice. ~ ~~ Fee ~- 0 ~p~"~clu~e ~ $6.00 201 ~p~~~./~lusive ~11.00 601 ~n~us~ve ~ 1201 ~p~600 amp~nclusive 25.~ 1601 ~~0 amp~nclusive 30.00 ~ 2~~p. to 3000 ~p., inclusive 35.00 ~xceeding 3000 ~p. 40.00 ~ ' Subd. (2) Outlets. For eaCh permit for new or additional electric light wiring, for the first ten (D). lighting outlets, or for any fraction thereof, if less than ten (10)., there shall be a mini- mum fee of $3.00 if between 10 and 20 outlets, the fee .shall be $6.00; and for each ten (10) such outlets, or fraction thereof, in excess of twenty (20), the fee shall be $6.00, plus $1.50 for each additional 10, or fraction thereof. Lighting outlets shall be construed to mean any outlets installed for lighting fixtures, wall receptacles or floor receptacles where such receptacles are permitted on branch light- ing circuits. Every such receptacle shall be cOnsidered a separate outlet. The outlet fee shall cover the installation of the wall re- ceptacles. Lighting outlets shall also be construed to mean any outlets installed for future connection for lighting purposes. For the purpose of this ordinance, each group of lights for window illumination, rigidly attached to one another and made up and in- stalled as one unit and said unit insulated from all grounded metal work in the manner pro- vided by ordinance for fixtures, shall be con- sidered as one (1) outlet only, when estimating the fee for a wiring permit, and as fixture only when estimating the fee for a fixture permit. Subd. (3) Sign Circuit. For each permit for wiring for and/or con necting an electric sign, for the first branch circuit required for such sign, $4.00; and for each additional branch circuit required for such sign, $i.00. -2- Su~ Heating Device.s-- Motors -- Transformer~yj (a)~ors. For eac~h~t~rmit for wiri~/or, inStalling and connec~'c moils, or other appara- tus rated in horsepowe~>~_~ere shall-be a minimum fee for ~i~s~o~% (1) H.P~ or- fraction thereo~, f $4.00; for e~a~J%additional horsepower~H~~ac~ion thereo~ excess of~_ ct exceeding two (2~OD~hors~on thereof, in exces~g~ two Hundred (200)H. P., 25 cents. ~Transf°rmers' For~rhpermit for wiring for, insj~ing and connecti~3~transformers for lig~ng or~ heat_or power, g~ators, heati~g~vices, rec~ ~d~n~a_t~ ~ there shall be a minimum~ of $4.00 for the first one (1) Kilo-volJ~-~mpe~(K.V.a.) capacity or fracti0nthereof~xcept for~e~lacement of an electric ran~ge~for cosmetic use~%h~ fee shall be $2.00. F~F%~feach additional Kilo-vol~pere capacity~6r fraction thereof, in excess of~u~e (1),/3~ft not e~eeding two hundred (200) K.V.A.,~ 2/5/6ents. .For each additional ten (10). Kilo- Volt-amperes capacity, or fraction thereof in excess of two hundred (200) K.V.A., 25 cents. ~tati0n of Units. _ ~ . In de~g the amount of~j~e~fees in cl~us~in this sub- division shall be~fi~ed collectiv~e~b~ each class shallb~~~ndependent of the ~~ claire shall be rated ac- c 'ng to the rated horsepower of the motor only. Subd. (5) Sockets. For each permit for the installation of lamp sockets or lamp receptacles for use on lighting fixtures and drop cords or attached directly to the outlet, the minimum fee shall be $2.00 for the first ten (10) sockets or receptacles, or for any fraction thereof, if less than ten (10); if between 10 and 20, the fee shall be $4.00. For each additional ten (10) such sockets or receptacles, or fraction thereof, in excess of the twenty, the fee shall be $4.00, plus $1.25 for each additional ten, or fraction thereof. Subd. (6) Socket, Border, Strip, Outline. For each permit for the wiring of each complete --3-- outline lighting (other than luminous tube lighting), marquee, stage border, stage footlight group, stage proscenium strip, stringer lighting over private property, or temporary lighting when permitted, the fee shall be $1.25 for the first ten (10) sockets, or receptacles, or for any fraction thereof, if less than ten (10), including the installation of such sockets, or receptacles. For the next twenty (20) sockets, or fraction thereof, $1.00. For the next thirty (30) sockets, or fraction thereof, $1.00; and for any fifty (50) sockets, or fraction thereof, in excess of the first sixty (60) such sockets, or receptacles, $1.00. Outline lighting shall be construed to mean that class of lighting used on the outside of buildings to mark the outlines thereof by the use of incan- descent lamps. Subd. (7) Luminous Tubes. For each permit for wiring for and/or instal- ling outline, decorative, display or other lighting employing luminous tubes energized by transformers, for the first five hundered (500) volt-amperes, or fraction thereof, $2.50; for each additional one hundred (100) volt-amperes, over the first 500, $.20. This volt-ampere rating shall be based on primary current and voltage. Subd. (8.) Sign and Billboard Wi~ing. For each permit for the wiring of each electric sign for outdoor use or of each billboard, employing incandescent lamps for illumination, or luminous tubes energized by transformers, for the first five hundred (500) volt-amperes, or fraction thereof in the capacity of such sign or billboard, $5.00. For each additional one hundred (100)volt-amperes, or fraction thereof, 20 .cents. The words, "wiring of", as used in this 'subdivision 3.05 (7), shall be construed to include all electrical fittings and devices in or attached~Rhe exterior of any such sign or billboard, but not including any supply wires thereto. Subd. (9) Alterations and Repairs. For each permit for the alteration, rearrange- ment or repairing of existing electrical equipment, or for other electrical work not included in the above, $4.00 for the first one hundred dollars ($100), or fraction in the estimated cost thereof. For each additional one hundred dollars ($100), or fraction thereof, in the cost of such proposed work, $1.50. -4- Subd. (10) Combined iPermit. Where a combined permit is issued for both wiring and fixtures, the fee to be charged for such permit 'shall equal the combined fees, as above set forth, for each such class of such work of installation. Subd. (11)~ Moving Picture Machines. For each permit for wiring for, installing and connecting moving picture machines, for each complete machine, $5.00, not including the recti- fying apparatus. Subd. (12) Storage Batteries. For each permit for wiring for, installing and connecting a storage battery, for each ten (10) kilowatt hours rated capacity, or fraction thereof, $4.00. Subd. (13) Decorative.:~- For each permit for installing and connecting outdoor seasonal decorative stringer lighting over public property, whether connected to street light- ing or serviced from adjacent buildings, each Such stringer, including the electrical service thereto, $4.00. Subd. (14) Fire Hlarm Systems. For the installation of fire alarm systems connected to the Municipal Fire AlarmSystem, for 1 to 5 stations, inclusive, Five Dollars ($5.00); for each additional group of 10 stations, or fraction thereof, Five Dollars ($5.00). The total fee shall in no instance exceed the sum of Forty Dollars ($40.00). Section 3. Section 3.06 of the Village Code is amended to read: Plumbing Permit Fees. The applicant for a permit under the "Plumb- ing Code" Section 3.70, shall pay to the Village at the time of making such application an issuance fee of $1.00, and, in addition, the following fees: Subd. (1) Regular Fee. The fees for all plumbing permits shall be computed on the basis of the' number of plumbing fixtures and/or devices provided for in such permits, whether subsequently so installed or not, -5- amended: and the fee for each such fixture so provided, except as hereinafter otherwise specifically provided, shall ~be $2.00. Subd. (2) Fixture Openings. Where any such permit is issued for the instal- lation of plumbing work providing for certain pro- posed fixtures which are to be installed or set later and for which fixture openings are to be left, a fee of 85¢ shall be charged for each such opening, which fee shall be in addition to the fee icharged for other plumbing work, if any, included in the same permit. Subd. (3) setting only.. Where any such permit is issued for the setting only of certain plumbing fixtures for openings pre' viously left for same, a fee of $1.25 shall be charged for each such fixture, which ifee shall be lin addition to the fee charged for other plumbing work, if any, included in the same permit. Subd. (4) Misc. Fixtures. Where any such permit is issued for any of the following specifically mentioned plumbing fixtures or other devices the fee which shall be charged for each such fixture or device shall be as followe and shall be in addition to the fee charged for other plumbing work, if any, included in the same permit: Beer dispenser, one connected with water supply Blow-off basin Catch-basin Electric water heater NeW ground run for existing building Hydraulic valve Sub or receiving tank Water softener $ 1.00' 3.00 3.25 2.00' 2.00' 2.00" 3.00' 4.00 ' Subd. (5) Definition. A plumbing fixture means and includes any sink, laundry tub, bath tub, wash basin, drinking fountain, floor drain or any other plumbing deVice arranged to be connected with the sewer or plumbing system, either directly or indirectly, and required by this Code to be trapped. Section 4. Section 3.07~ of the Village Code is hereby 3.07 Gas Fitting Permit Fees. The applicant for a permit under the "Gas Ap- . --6-- pliances, Piping and Equipment" Ordinance, Section 3.80, shall pay to the Village at the time of making such application the following fees: Subd. (i) Regular Fees. For installing gas piping, providing for not to exceed 3 gas fixtures or gas devices, the fee shall be $2.00; for any such permit providing for more of such fixtures or devices, the fee shall be $2.00, plus 75 cents for each in excess of three. For any permit for installing gas stoves, ranges, hot plates, steam tables~ dental~de~iceS,~ refrige- rators, retorts, bake ovens, room heaters, barbecue grills, hair dryers or other similar gas burning devices, the fee icharged shall be $11.25 for each~ such device. This $1.25 fee shall be in addition to the other fees charged provided for installation of any gas piping for these devices or for any other gas fitting work included in this permit. Subd. (2) Gas Heater Fees. For any permit for installing gas water heaters, $2.00 for each device included in such permit. The fee of $2.00 shall be in addition to the fee provided for the installation of any gas piping for said de- vice or for any other gas fitting work included in the permit. For any permit for installing, alter- ing or repairing gas burners and for gas bur~ng equipment, $2.00. For use in connection with a heating system the fee chargdd shall be that provided for the Permit for the installation of any gas piping for the burner and for equipment. Subd. (3) Combined Fees. Where any permit is issued for both gas piping and plumbing the fee for such permit shall be equal to the combined fees for each of the classes of work or installation. Section 5. SeCtion 8.23, Subdivision (1), of the Village Code be amended to read: "Subd. (1) Gasoline Station. $25.00 for each license for gasoline and/or oil station. Section 6. This ordinance shall be in full force and effect from and after i%s passage and publication. -7- Passed by the Village CoUncil 'of the. Vill~age of New Hope this ~ day of ~j~j~ , 196~__~ Attest: Clerk-Treasurer Published in the New Hope-Plymouth Post ...Inw =~r~ .~_ , 196f. -8- ORDINANCE NO. 67-41 AN ORDINANCE AMENDING SECTIONS 3.04. 3.0S, 3,06. 3.07 AND 0.23 OF THE VILLA~.E CODE RELATING TO FEES Village of New Hope _~ The Village Couectl of the Village of ,;lope ordains: etton I. Subdivisions (I), (2)and (3) .action 3.04 of the Village Code are amended to read: Subd. (1) RESIDENTIAL. For any permit for the erection of any building or structure other than core- mercial and industrial buildings and build- ings of public assemblage or for the erection of any addition for similar oc- cupancy to any existing building or addi- tion included in such permit, shall be at the rate of $1.40 for each 1000 cubic feet, or fraction thereof, in cubical con- tent. Subd. (2) COMMERCIAL OR INDUSTRIAL. For any permit for the erection of any commercial or industrial building or buildings of public assemblage, Or for the erection of any addition for similar I-occupancy to any existing building, the · fee so charged shall be $5.00 for the first $500.00 of value of the estimated cost; and if the estimated cost for all proposed work exceeds $500.00, the fee shall be $5.00, plus $2.00for eech$500.00 of estimated cost or fraction thereof in excess of $500.00. A minimum feee of $25.00 shall be charged for any permit issued under this subdivision. Subd. (3) REPAIR OR ALTERATION. For any permit for the repair or altera- tion 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 $50.00. Section 2. Section 3.05 of the Village COde is amended to read: 3.05 ELECTRICAL PERMIT FEES. The applicant for a permit under the "Electrical Code," Section 3.60, as : ~mended, shall pay to the Village at the ~' .lc of making such application an is- ,J ~ance fee of $1 00, and in addition, the ~ ~-lbllowing fees: "Subd. (I) SERVICES. For the installation of new services, in cluding the first meter socket, the fee provided in the following schedule: SERVICE 0 Amp. to 200 amp., inclusive 201 Amp. to 600 amp., inclusive 601 Amp. to 1200 amp., inclusive 1201 Amp. to 1600 amp., incluxiv~ 1601 Amp, to 2000 amp., inclusive ~ 2001 Amp. to 5000 amp., inclusive · Exceeding 3000. amp~ Subd. (2) OUTLETS. For each permit for new or additional electric light wiring, for the first ten (10) lighting outlets, or for any fraction thereof, if less than ten (10), there shall be a minimum fee of $3.00 if between 10 and 20 outlets, the fee shall be $6.00; and for each ten (10) such outlets, or fraction thereof, in excess of twenty the fee shall be SS.00, plus $1.50 for each additional 10, or fraction thereof. Lighting outlets shall be construed to mean any outlets installed for lighting fixtures, wall receptacles or floor ro- ceptacles where such receptacles are permitted' on branch lighting circuits. Every such receptacle shall be considered a separate outlet. The outlet fee shall cover the installation of the wall ro- ceptacles. Lighting outlets shall alsobe construed to mean any outlets installed for future connectioo for lighting put- For the purpose of. this ordinance, each group of lights for window illumination, rigidly attached to one another and made up and installed as one unit and said unit insulated from all grounded metal work ~ U~e manner provided by ordinance for /[ ores, shall be considered as one (1) ~/let only, when estimating the fee for ~'a wiring permit, and as fixture only when estimating the fee for a fixture permit. Subd. (3] SIGN CIRCUIT. For each permit for wiring for and/or connecting au electric sign, for the first branch circuit required for such sign, $4.00{ and for each additional branch circuit required for such sign, $1.00. Sul0d. (4) REARING DEVICES--MOTORS-- TRANSFORMERS. (A) MOTORS. FEE $ 6.00 IL00 20.00 25.00 30.00 35.00 40.00 combined fees, as above set forth, for each class of such work of installatiOn Subd. (11) MOVING PICTURE MACHINES. For each permit for wiring for, iontalia- tion and connecting moving picture ma- chines, for each complete machine, $5.00, not including the rectifying apparatus. THE NEW HOPE-PLYMOUTH POST Subd. (12) STORAGE BATTERIES. For each permit for wiring for, install- tug and conllecttng a storage battery. AFFIDAVIT OF PUBLICATION for each ten (10) kilowatt 'hours rated capacity, or fraction thereof, $4.00. Subd, (13) DECORATIVE. For each permit for installing and con- necting outdoor seasonal decorsii~,e s~ringer lighting over public property, .~SOT~ whether connected tO street lighting or t serviced from adjacent buildings, eaCh ~1~..p~ such stringer, including the electrical service thereto, $4.00. Subd. (14) FIRE ALARM SYSTEMS. For the installation of fire alarm terns connected to the Municipal '~tru g dmzly sworn, on oath says hc is and~ during all the times herein stated has been Alarm System, for I to 5 stations, l.n- Post P.ublishing Co., publisher and printer of thc newsi)aper known as elusive, Five Uollars ($5.00); for each THE NEW HOPE-PLYMOUTH POST additional group of 10 stations, or true- e of the facts herein stated as follows: tion ther ~epf, Five Dollars ($5.00). 'rile per is printed in the English language in new~paper foi~,at and in column and total fee shall in no lostuhce exceed in printed space to at least 900 square inches. (2) Said newspaper is a weekly the sum of Forty Dollars ($40.00). least once each week. (3) Said newspaper has 50% of its news columns devoted to Section 3. Section 3.06,of the Village ~t to the community which it purports to serve and does not ,wholly d~plicate Cede is amended to read: . and is not made up entirely of patents, plate matter and advertisements. (4) 3.06 pLUMBING PERMIT FEES. cculatud in and near the municipality which it pitrports to serve, has at least 500 The applicant for a permit under the ercd. to paying subscriber, s, has an average of at least ?5% of its total circulation "Plumbing Code" Section 3.'/0, shah pay more than three months in arrears an5 has entry as second-class matter in its local to the Village at the time of making newspaper purports to serwe the such application an issuance fee of $1.00, Villages of New Hope and Plymouth and, in addition, the following fees: ncpin and it has its known office of issue in the City of Cr~stal in said county, estab- Subd. (1) REGULAR FEE. [ its regular business hours for the gathering The fees for all plumbing permits shall ltained by thc manacing officer of said newspaper or persons in its employ and' subject control during all such regular hours and at which time said. new~paper is printed. be computed on the basis of the number files a copy of each issue immediately with the State Historical Society. (7) SMd of plumbing fixtures and/or devieee pro- iud with all the foregoing conditions for at least two years preceding the day or vided for in such permits, whether sub- mentioned below. (8) Said newspaper has filed with the Secretary of State of sequontly so 'installed or not, and the anuary 1, 1966 and each January I thereafter an affidavit in the form prescribed fee for each such fixture so provided, State and signed by the managing officer of said newspaper and sworn to before except as hereinafter otherwise speeiflc- ally provided, shall be $~.00. g that tlae newspaper is a legal newspaper. Subd. (2) FIXTURE OPENINC, S. ~ .~. ?. . .~. · f. Where any such permit is issued for the installation of plumbing work providing )nth that thc printed ..... - ...... ~' ............................. f°r certain pr°p°sed fistures which are ~.~.~,.~,d~ ~ ;~. to be installed or set later and for ~ ............................................... which fixture openings are to be left, · ·'" a fee of 85¢ shall be charged for each such opening, which fee shall be tn addi- tion to the fee charged for othor plumb- part hereof was cut from the colunms of said newspaper, and was printed and lng work, if any, included, in the same permit, the English language, once each week, for ....~. successive weeks; that it was Where any such permit is issued for the setting only of certain plumbing fixtures ................ the.. day of .. for openings previously le~t for same, a fee of $1.25 shall bo charged for each such fixtures, which fee shall be in a~di- reafter printed and published on every .......................... to and including tion to the fee charged for other plumb- i.ng work, if any, included tn the same permit. . ......................... 19 .... and. that thc following is a printed copy of the Subd. (4) MISC. FIXTURES. Where any such permit is issued for from A to Z, both inclusive, and is hereby acknowledged aa being the size anc~ any of the following specifically men- tioned plumbing fixtures or other de- eachVices thesuchfeefixtureWhicl~ orShalldevicebe ehargedslmll f~ the composition and publication of said notice, to wit: as follows and shall be in addition to the fee charged for other plumbing work, if abcdefghijklmnopqrstuvwxyz--6 pt. ~ewstext any, included In the same permit: abcdefghijklrrmopqrstuvwxyz--7 V2 pt. Excelsior Beer dispenser, one connected with abcdefghijklmnopqrsiuvwxyz~7 ~/a Memphis Bold water supply $1.00 Blow-off basin 3.00 Catch-basin 3.25 ~~ New ground run for existing building 2.00 Hydraulic valve 2.00 Sub or receiving tank 3.00 Water softener 4.00 ' Subd. (5) DEFINITION. A plumbing fixture means and includes n to before any sink, laundry tub, bath tub, wash~ ...... day of..~f~. basin, drinking fountain, floor drain or any other plumbing device arranged to~~ ..... be COanected with the sewer or plumbing system, either directly or indirectly, asd required by this Code to be. tr'~ped. ~ Section 4. Section 3.0'/ of the Village .~.~. ..................................... Code is hereby amended: 3.0'/GAS FI~G PE~,T FEES. Ri L P 8 J. B £ N N E T The applicant for a p~rmit under the ) Net~r) Public, Hennepin County, Minn. "Gas Applicances, Pipingasd Equipment" Ordinance, SeXton ~.~0, shall pay to the ....~....~...~.S..~..p~--~.,~,~a~ Village at the time of making such ap- plication the following fees: SMbd. (1) REGULAR FEES. ){r~s ....... , ..... ... ~....1~, ..... For installing gas piping, providi~ for .... not to exceed 3 gas fixtures or gas de- vices, the fee shall be $2.00; for any such permit providing for more of such fixtures or devices, the fee shall be $2.00, plus '/5 cents for each ia excess of three. For any permit for installing gas stoves, ranges, hot plates, steam tables, desial devices, rofrigerators, retorts, bake ovens, room heaters, harbocue~ grills, hair dryers or other Similar gas burrd~ ORDINANCE NO. 67 - ~ ~ AN ORDINANCE ADDING SECTIONS 2.90 THROUGH 2.107 TO THE VILLAGE CODE RELATING TO ESTABLISHMENT OF THE INDUSTRIAL COMMISSION OF THE VILLAGE OF NEW HOPE. The Village Council of the Village of New Hope ordains: Section 1 Chapter 2 of the Village Code is hereby amended by adding hereto Sections 2.90 through 2.107 to read as follows: 2.90 INDUSTRIAL COMMISSION 2.91 Short Title. Sections 2.90 through 2.107 shall be known and may be cited as the New Hope Industrial Commission Ordinance. 2.92 Definitions. The following words when used in Sections 2.90 through 2.107 have the meanings as set out herein: Industrial Commission means the Industrial Commission of the Village created by this Ordinance. Chairman. means the chairman of the Industrial Commission as provided for hereunder. Secretary means the Secretary of the Industrial Commission as sprovided for hereunder: Plannin8 Commission means the Village Planning Commission of the Village of 2.93 Establishment. An Industrial Commission is hereby established to be advisory to the Council and the Planning Commission, which Industrial Commission shall have ~he powers and duties hereinafter set forth. 2.94 Composition. The Commission shall consist of 10 members appointed by the Council in the following manner. Each council member shall: name and appoint two members to the commission. The members of the Commission shallser~e without compensation. 2.95 Terms of Office. The members of the Commission shall be appointed for a ~erm of one year. The first Commission shall serve until December 31st, 1968, thereafter, appointments shall be made JinJanuary of each year and shall expire December 31st of the syear in which the appointment is made. Council members shall have the authority to reappoint Commission members. 2.96 2.97 2.98 2.99 2.101 2.102 2.103 Vacancies. Vacancies occurring in the Commission shall be filled s for the unexpired term with an appointment by the Council member who appointed the person whose absence creates the vacancy. Removal of Members. The ~ouncil, by unaminous vote of all its members: shall have sthe authority to remove any member of the Commission from office, whenever, in its discretion, the best ihterests of the village shall be served thereby. Officers. Within 30 days after their appointment, the members of the Co~mLLission shall meet in regular session and organize by electing from their members a Chairman, Secretary and such o~her officers as it may deem necessary. Duties of Officers. 1. Chairman. it shall be the duty of the chairman to preside over all meetings of the Commission. In Bis absence, a Chairman pro tempore may be elected to preside. Secretary. It shall be the duty of the Secretary to keep a record of all proceedings of the s Commission, transmit it a reco~mLendations to the Council, Rlanning Commission and other village governmental bodies and perform such other duties as ~irected by the Commission. Rules sand Procedure. The Commission shall adopt a set of ~ules to govern its own meetings and procedures. The rules may be amended from stime 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 commission shall be required for the approval of the proposed amendment. Meetings. 1. Regular Meetings. The commission shall meet in regular session at least once a month at a stime and place selected by a majority of its members. 2. Special Meetings. The chairman or any three members of the Commission shall have the authority to call special meetings of the commission written notice of special meetings shall be given to all members at least 24 hours prior to the time of ~he meeting unless the time and place for s the special meeting is set at a sregular or regular adjourned meeting. 3. Open Meetings. Ail meetings of the commission shall be open to the public. Absence of Members. Absence from four consecutive regular 2.104 meetings without the formal consent of the commission shall be deemed to constitute a resignation of a membe~ and the vacancy thus created shall be sfilled thereafter as provided in Section 2.96 herein. Powers and Duties. The Commission shall have the following powers and duties. To confer with and advise the council and planning co~m~ission on all matters concerning the Industrial a nd Commercial development, of the village. 2. To publicise, with~the consent of the council and Industrial and Commercial advantages and opportunities of the village within the means provided by any appropriations made heretofore sby the council. Be e e Ye To collect sdata and information as to the type of industries and cor~m~erce best suited to the village. To periodically survey the overall condition of the village from the standpoint of determining whether the village has a community climate for industry and to determine the general receptiveness of the village to particular types of industry. To publicise information as to the general advantages of ~hdustrial and commercial development in a community. To cooperate with all industries and businesses in the village in the solution of any community problems which they may have and to encourage the expansion, development and management of such industries and businesses so as to promote the general welfare of the village. T~ cooperate with all co~mLL~nity groups and civic organizations within the village and d to furnish them such aid and advice as deemed appropriate. To aid the council and planning commission in the proper zoning and orderly development of areas suitabie for industrial and commercial development. To develop, compile, coordinate and publicise with available funds information such as, but not limited to~ the following: a. Existing industrial and commercial concerns within the village, their addresses, type of business~ number of employees and whether each service serves local~ regional or national markets. 2.105 b. Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximaty to trackage and highways. c. Available buildings for industrial and conm~ercial operations including type of building, number of square feet, existing zoning and proximity to trackage and highways. (Minn. State Dept. Form). d. Transportation facilities, including railroads, motor carriers, water transportation, air transportation and high facilities. e. Electric poweravailable. f. Fuels available for industrial and commercial use. g. Sewage disposal facilities. h. Water supply facilities. i. Co~-m~unity facilities such as, fire, police and educational. j. Recreational facilities. k. Going wage rates in the village for trades, skilled, semi-skilled and white color workers. 1. Availability of labor. m. General community attitude toward industrial and commercial expansion, development and attraction. n. Experience and program of surrounding suburban conm~unities in regards to industrial and commercial expansion, development and attraction. 10. To recommend to the Gouncil and Planning Commission policies and particular actions in regards to industrial and cor~m~ercial expansion, development and attraction. 11. To cooperate with and use the facilities of the Minnesota Department of Business Development. Advisory Capacity. Except as may otherwise be provided by ordinance, the powers and duties of the commission a~e of an advisory nature only, and the commission shall not have any powers or duties which conflict with or supersede the powers and duties of ot~r village commissions and boards. 2.106 Village Officials to Cooperate. Ail Village officials, department heads, employees and appointees shall cooperate with the commission and render all reasonable assistance. 2.107 Annual Report. The commission Shall render annually a full report of its work to the council. Section 2 This ordinance shall be JLn full force and effect from and after its passage and publication. ~a~ed by the Village Gouncil of_ New Hope, Minnesota on the ~f day of Attest ~~~'~ Cl~rk-T~&asurer / Published in the New Hope-Plymouth ~ost on the Mayor ORDINANCE NO. AN ORDINANCE ADDINCa SECTIONS 2,90 THROUC~H' 5.107 TO THE VILLAGE CODE RELATtNCa TO ESI'ABLtSHMENT OF THE INDUSTRIAL COMMISSION' OF THE VILLAGE OF NEW NOPE V;llage of New Hone The Village Council of the Village of New Hope ordains: Section 1 Chapter 2 of the Village Code is hereby amended by adding hereto Sertions 2.90 through 2.10'/to read as follows: 2.90 INDUSTRIAL COMMIS.-qION 2.91 Short Title. Sections 2.90 through 2.107 shall be known and may be cited as the Hew Hope Industrial Commission Ordinance. 2.92 Definitions. The fo]lowing words when used in Sections 2.90 through 2.107 have the meanings as set out herein: Industrial Commission means the In- dustrial Commission of the Village created by this Ordinance. Chairman means the chairman of the Industrial Commission as provided for hereunder. Secretary means the Secretary Of the Industrial Commission as provided for hereunder: Planning Commission means the Village Planning Commission of the Village of New Hope. 2.98 Establishment. An Industrial Com- mission is hereby established to be advisory to the Council and the Planning Commission, which Industrial Commission shall have the powers and duties hereinafter set forth. 2.94 Composition. The Commission shall consist Of 10 members appointed by the Council in the following manner. Each coUncil member shall name and appoint tw(~ mem- bers *to the commission. The members of . 'the Commission shall serve without com- ponsation. 2.95 Terms of Office. The members of the Commission shall be appointed for a term of one year. The first Commission shall serve until December 31st, 1968, there- lifter, apPointments shall be made in Jan- :uary of each year- and shall expire Decem- ber 31st of the year in which the appoint- ment is made. Council members shall have the authority to reapPoint Commission mem- bers. 2.96 Vacancies. Vacancies Occurring in the Commission Shall be filled for the unexpired term with an appointment by the · Council member whO appointed the person .~.~u~e absence creates the vacancy. *]~ ~2.97 Removal of Members. The Council, ~y unanimous vote of all its members, ha~'e the authority to remove any member ~X the Commission from office, whenever, in its discretion, the best interests of the village shall be served thereby. 2.98 Officers. Within 30 days after their 'appointment, the members of th~ Commis- sion shall meet in regular session and or- ganize by electing from their members a Chairman, Secretary and such other ~ficers as it may deem necessary. 2.99 Duties of Officers. 1. Chairm/n. It shall be the duty of the ;chairman to preside over all meetings of the Commission. In his absence, a Chair- man pro tempore may be elected to preside. 2. Secretary. It shall be the duty of the Secretary to keep a record of all proceed- Ings of the Commission, transmit its recom- mendations to the CoUncil, Phaning Com- [ mission and other village governmental bed= ins and perform such other duties as dm- : 'rented by the Commiasioo. 2.101 Rules and Procedure. The Com- mission shall adopt a set of rules to govern its own meetings and procedares. The rules may be amended from time to time, but only upon notice' to nil members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the commission shall be required for the approval of the proposed amendment. 2.102 Meetings. 1. Regular Meetings. The commission shall meet in regular session at least once a month at a time and place selected by a majority of its members. 2. Special Meetings. The chairman or any three members Of the Commission shall have the authority to call special meetings of the commission Written notice of special meetings shall be given to all members st least 24 hours prior to the time of the meeting unless the time and place for the · special meeting is set at a regular or regular adjourned meeting. 3. Open Meetings. All meetings of the , commission shall be open to the public, 2.103 Absence of Members. Absence from four consecutive regular meetings without the formal consent of the commission shall be deemed to constitute a resignation of a ' member mind the vacancy thus created shall be filled thereafter as provided in Section ~2.96 herein; ~, 2A04 Powers and Duties. The ~ommis% ~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF: PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Hcrault, being dmaly sworn, on oath says he is and~ during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH ]POST aud has full knowledge of the facts herein stated as fellows: (1) Said newspaper is printed in the English language in new~aper for~nat 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 news~0aper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not w~aolly duplicate any other publication a~d is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the munieipallty which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope a~d Plymouth in the County of Hennepln and it has its known office of issue in the City of Cr~stal in said county, estab- lished and open during /ts 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 ail such regular ho~rs and at which time said, newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historleal Society. (7) Sa/d 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 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 .... ~ ...... ; ~. 2. :~ .~..e~ ..... hereto attached as a part hereof was cut from the columns of said new~aper, and was printed and published therein in the English language, once each week, for.?....successive weeks; that it was ......... 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 anc~ kind of type used in the composition and publication of sa/d notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. ~[ewstext abcdefghijklmnopqrstuvwxyz--7Vz pt. Excelsior abcdef~hi]klmnopqrsiuvwxlrz~?a/~ Memplfis Bold Subscribed and sworn to before ......... ....~...2~..L~ (NOTARIAL SEAL) NotM'y Public, H~nn~in County, Minn. Notary Public .......... My Co~imsi~ Ex~ .................... ~ ....l~ ...... · ORDINANCE NO. 67-42 AN ORDINANCE ADDING SECTIONS 2.90 THRC~UGH 2.107 TO THE VILLAGE CODE RELATING TO ESTABLISHMENT OF THE INDUSTRIAL COMMISSION OF THE VILLAGI OF NEW HOPE ViIlege of New Hope The Village Council of the Village Of New Hope ordains: Section 1 Chapter 2 of the Village Code is hereby amended by adding hereto Sections 2.90 through 2.107 to read as follows: 2.90 INDUSTRIAL C OM MISSION 2,91 Short Title. Sections 2,90 through 2.107 shall be known and may be cited as the New Hope Industrial Commission Ordinance. 2.92 Definitions. The following words when used in Sections 2.90 through 2.107 have the meanings as set out herein: Industrial Commission means the In- dustrial Commission of the Village created by this Ordinance. Chairman means the chairman of the Industrial Commission as provided for hereunder. Secretary means the Secretary at' the Industrial Commission as provided for hereunder: Planning Commission means the Village Planning Commission of the Village of New Hope, 2.93 Establishment. An Industrial Com- mission is hereby established to be advisory to the Council and the Planning Commission, which Industrial Commission shall have the powers and duties hereinafter set forth. 2.94 Composition. The Commission shall consist of 10 members appointed by the Council in the following manner. Each council member shall name and appoint two mem- bers to the commission. The members a~ the Commission shall serve without com- pensation. 2.95 Terms of Office. The members of the Commission shall be appointed for a term of one year. The first Commission shall serve until December 3 !st, 196~, there- after, apPointments shall be made in Jan. nary of each year and shah expire Decem- ber 31st of the year in which the appoint- ment is made. Council members shall'have the authority to reapPoint Commission mem- bers. 2.96 Vacancies. Vacancies occurring iH the Commission shall be filled for the unexpired term with an appointment by the Council member who appointed the person whose absence creates the vacancy. - 2.97 Removal of Members. The Council, by unanimous vote 0~ all its members, shall · have the authority to remove any member of the Commission from office, whenever, in its discretion, the best interests of the village shall be served thereby. 2.98 Officers. Within 30 days after their appointment, the members of the Commis- sion shah meet in regular session and or- I'anize by electing from their members a Chairman, Secretary and such other officers as it may deem necessary. 2.99 Duties of Officers. 1. Chairm~n. It shall be the duty of the chairman to preside over all meetings of the Commission. In his absence, a Chair- man pro tempore may be elected to preside. 2. Secretary. It shall be the duty of the Secretary to keep a record of all proceed- ings of the Commission, transmit its recom- mendations to the Council, planning Com- mission and other village governmental bod- ies and perform such other duties as di- rected by the Commission. 2.101 Rules and Procedure. The Com- mission shall adopt a set of rules to govern its own meetings and procedures. The rules may be amended from time to time, but only upon notic~ to all members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the commission shall be required for the approval c/the proposed amendment. 2.102 Meetings. 1. Regular Meetings. The commission shall meet in regular session at least once a month at a time and place selected bi' a .majority of its members. ~-. Special Meetings. The chairman or ally three members of the Commission shall have the authority to call special meetings c/ the commission written notice ~ special meetings shall be given to all m~mbers at least 24 hours prior tc the time of the meeting unless the time and place for the special meeting is set at a regular or regular adjourned meeting. 3. Open Meetings. All meetings of the commission shall be open to the public. 2.103 Absence af Members. Absencefrom four consecutive regular meetings without the formal consent o! the commission shalt be deetned to constitute a resigv.~tton of a member axed the vacancy thus created shall be tilled thereafter as provided tn Section THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~ly sworn, on oath says he is an~ during all the times herein stated has been the President of The Post P~blishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as roi.lows: (1) Said newspaper is printed in the English language in nevaspaper 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 59~% o,f its news columns devoted to news of local interest to the community which it purports to serve and does not w. holly 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 regt~lariy c~elivered to ,paying subscribers, t~as an average of at least 75% of its total circulation currently paid or no more than three months in arrears ana~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its known office of issue in the City of Cr~'stal in said county, estab- lished and open during /ts regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his ~iirootion and control during all such regular tl~urs and at which time said newspaper is printed. (5) Said newspaper files a copy of each issue immediately with thc State Historical Society. (7) Sa/d newspaper has compllcd 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, 1955 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. :. . . / , . hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in thc English language, once each week, for./...successlve weeks; that it v~as first so published on ............... the.. day of. .. 19.~.Yand 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--6 pt. Hewstext abcdefghijklmnopqrstuvwxyz--7~/i pt. Excelsior abcdefghijklmnopqrsiuvwxyz~7~ Memphis Bold Subscribed and sworn to before me this ...... ~.~.~ ....... day of.... ~~~ ...... A.D., 19.~:~.~ (NOTARIAL SEAL) a~ ~ ,,. ~ 9~'~i~x~as ~27~ 1974 My Commission Expires .................... ~ .... 19 ...... ORDINANCE NO. 67 AN ORDINANCE CHANGING THE NAME OF RETTKE .CIRCLE NORTH TO FLAG COURT The Village Council of theVillage of New Hope ordains: Section 1. Rettke Circle North as shown and dedicated in the Plat of Crosstown Construction Co. Addition, is hereby renamed and established as Flag Court. Section 2. The line cf words set forth hereafter in quotations shall be inserted at the end of Appendix A "Street Name Changes" of the Village of New Hope Code of Ordinances under the column heading Shown: Old Name Location New Name "Rettke Circle Crosstown Construction Co. Addition Flag Court~e~ SeCtion 3. This 'ordinance shall be in force and effect upon its passage and publication. Dated the ~ day of ~ , 196 ~ . Attest: ~erk-Treasurer Mayor Published in the New Hope-Plymouth Post the ~ 196'/ . day of THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d~ly sworn, on oath says he is an~ during all the times herein stated has been thc President of The Post Publishing Co., publisher anc~ printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said new~paper is printed in thc ~ngllsh l~nguage in new~paper io~at ~d in column and sheet form equivalent in prin~ed space to at least ~00 squ~re inches. (2) Said newspaper is a weekly and is distributed at le~t once each week. (3) Said new.per has 50~ of its news columns devoted to news of 1~1 inter~t to ~e community which it pu~orts to se~e and does not ~lly duplicate any other publication ~d is not made up entirely of patents, plate ma~ter an~ advertisements. (4) d news aper is circulated in ~d near the municipEity which it pur~rts to serve, has at ~ast Sal. P' · ~:--~ea to ~a~,in~ sub.fibers has an average of at least ~5% of its to~l circu~tio~ post-office. (5) S~ newspaper purports to ~e~e the Villag~ of New Hope and Plymouth ..... b in the County of Hennepln and it has its known office o~i issue in the City of C~stat xn sala county, es~a - lished and open during its regular business hours for the gathering of news, sale of advertisements agd sale of subscriptions ~d maintained by ~e manaEing officer of s~d new~aper or persons in its employ and: subject to his ~ire~ion and control during ~l such regular ~urs and at which time said, he.paper is prinied. (6) Said newspaper files a copy of each issue immediately with the State Historical S~iety. (7) S~d newspaper has complied with al.1 the foregoing conditions for at least two years preceding the day or dates of publication men~oned below. (8) Said newspaper has filed with the Secretary of State of Minneso~ prior to ~anuary 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managlng officer of said newspaper a~ sworn to before a hotly public stating that ~e newspager is a leg~ newspaper. .... ........ hereto attached as a part ~r~i w~ c~t from the colum~ of ~ald new~paper, and was print~ and published therein in the English language, once each week, for. ../. . successive ~eks; that it was fir,t ,o ~ubli,h,d on ......... '~/~~ ...... 'e..X~ day o'. .. l~.~.~a=d w~ thereafter printed a=d ~fls~d ~ e~ .......................... to and th~ .......... day o~ ........................... 19 .... and that the followln~ is a prlnt~ c~py of the lower case alphabet from A to Z, both i~lasi~ an~ is hereby acknowledged as beln~ the size kind o~ t~p~ used in the co~posi~on ~d publication of s~d =ofl~ to wit: abcdef~hi~klmnopqrs~u~wxyz~6 pt. Hewstext abc~efghiikl~ogqrstuvwxyz~V~ pt. Exce~ior ab~d~fghi]klmnopqrs~vwx~Vl M~p~ Bold Subscribed and sworn to before me thi ....... ~.-~ ...... day (NOTARIAL SEAL) Nota~ Public, My Commission Expires ..................... .... 19 ......