1962 ORD CHAPTEr( 9~ ~'7
ORDINANCE NO. 62- !
AN ORDINANCE RELATING TO TIlE ISSUANCE
OF A CHECK WITHOUT SUFFICIENT FUNDS,
AND Pr(OVIDING PENALTIES FOr( THE VIOLATION
THEKEOF
The Village Council of the Village of New Hope Ordains:
Section 1. Minnesota Statutes Adopted. The statutory provision of
Section 620.41 of Minnesota Statutes 1957 is hereby adopted as the ordinance
prescribing the issuance of a check without sufficient funds within the Village
of New Hope and is hereby incorporated and made a part of th~s ordinance com-
pletely as if set out here in full.
Section 2. Penalty. Any individual person, firm, association, or
corporation who shall violate any provision or requirement of this ordinance,
shall upon conviction thereof, be punished by a fine not exceeding One Hundred
($100) Dollars or by imprisionment not e~ceeding ninety (90) days.
Section 3. Effective Date. This ordinance shall be in full force
and effect from and after its passage and publication, according to law.
Passed by the Council of the Village of New Hope this ~ day of
/~-~ ,, ~, 1962.
Published in the North Hennepin Post the
day of
Mayor
196'
CHAPTER 49
ORDINANCE NO. 62- Z
AN ORDINANCE RELATING TO PETIT LARCENY, AND
PRESCRIBING THE PENALTY FOR VIOLATIONS THEREOF.
The Village Council of the Village of New Hope Ordains:
Section 1. Adoption of Chapter 622 of Minnesota Statutes .i9~9:
LarcDny. The statutory provisions of Chapter 622 of Minnesota StatUtes 1959,
consisting of Sections 622.01 to 622.28, both inclusive, are hereby adopted as
the ordinance relating to Petit Larceny within the Village of New Hope, and are
incorporated and made a part of this ordinance completely as if set out here
in full, save and except such portions of said Chapter 622 as are hereinafter
deleted by Section 2 of this ordinance.
Section 2. Deletions. The following clauses and sections are deleted
and not adopted:
A, Sections 622.04; 622.12; 622.18; 622.19; and 622.22 of said Chapter
are hereby deleted.
B, The last nineteen words, to-wit: "and punished by imprisonment in
the state prison for not less than one year, nor more than ten
years" of Section 622.05 are hereby deleted.
The last thirty-seven words, to-wit: "and may be punished by im-
prisonment in the state prison for not more than five years, by
imprisonment in the county jail for not more than one year, or
by a fine of not more than $500" of Section 622.06 are hereby deleted.
Section 3. Penalty. Every person who shall violate any provisions of
said Chapter 622 which constitute Petit Larceny thereunder, said Chapter being
adopted and incorporated by this ordinance, shall be guilty of a misdemeanor '
under this ordinance and, shall upon conviction thereof, be punished by a fine
not exceeding $100 or by imprisonment not exceeding ninety (90) days.
Section 4. Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication.
Pa~sed by the Village Council of the Village of New Hope this ~-~
day , 1962.
A t to s t ' Mayo~' r.
Published in the North Hennepin Post the ~-~day of ~ , 1962.
Sec.
622.01
622.02
622.03
622~04
622.05
622.06
622.07
622.08
622.09
622.10
622.11
622.13
622.14
622.15
622.16
622.17
622.20
622.21
622.26
622.27
622.28
Larceny: what constitutes.
Commission no defense.
Obtaining money by fraudulent draft
Giving check without funds. ·
Grand larceny, first degree; h~w punished.
Grand larceny, second degree; how punished.
Petit larceny.
Minimum punishment for larceny of fowl.
Application to unissued instruments and fixtures.
Dogs personal property, when.
Lost property.
Conversion by trustee.
Verbal false pretense.
Value of evidence of debt, how ascertained.
Claim of title, when ground of defense.
Intent to restore property.
Restoration of stolen property; duty of officers.
stealing from cars.
Definitions
Larceny in business establishments; detention of suspects
Unauthorized use of credit card.
622.01 Larceny; what constitutes
Every person who, Oith intent to deprive or defraud the true owner of.
his property, or of the use and benefit thereof, or to appropriate the same
to the use of the taker, or of any other person:
(1) Shall take from the possession of the true owner, or of any other
person, or obtain from such possession by color or aid of fraudulent or
false representation or pretense, or of any false token or writing, or
secrete, withhold, or appropriate to his own use, or that of any person
other than the true owner, any money, pgrsonal property, thing in action,
evidence of debt, or contract, or article of value of any kind;
(2) Having in his possession, custody, or control as a bailee,
servant, attorney, agent, clerk, trustee, or officer of any person,
association, or corporation, or as a public officer, or person authorized
by agreement or by competent authority to hold or take such possession,
custody, or control, any money, property, evidence of debt :or contract,
article of value of any nature, or thing in action or possession, shall
appropriate the same to his own use, or that of any other person than the
true owner or person entitled to the benefit thereof; or
(2)
(3) Having in his possession as storage, forwarding, or commission
merchant, carrier, warehouseman, factor, or broker, or as the clerk, agent,
or employee of any such storage, forwarding, or commission merchant, carrier,
warehouseman, factor, or broker, with intent to defraud, shall sell or in
any way dispose of, or apply or convert to his own use or the use of any
other person, any bill of lading, custom-house permit, or warehouse receipt
entrusted or consigned to him, or the proceeds or profits of the sale of any
such proerty, or shall fraudulently fail to pay over any such proceeds after
deducting charges or usual commission; and any. consignor of any property 0r
his agent, not being the absolute owner thereOf, who, with intent to d~fraud,
after delivery thereof for transportation on any wharfboat, water craft,
vehicle, or to any common carrier, shall in any way stop, countermand,
or 'change the consignment thereof, or shall sell, dispose of, or encumber
such property, during transit, after the delivery thereof, or shall in any
way convert the same to his own use or the use of any other person than
the true owner thereof or the person entitled to the benefit thereof; and
every person or officer of any corporation who, having given a receipt for
agricultural products, or any goods, wares, or merchandise, whether such
receipt shall have been given to the owner of the property or issued as
security on the same, shall sell, dispose of, encumber, or in any way
convert the same or any part thereof to his own use, or to the use of any
person other than the one entitled thereto or to the benefit thereof --
Steals such property, and shall be guilty of larceny.
622.02 Commission no defense
It shall be no defense to a prosecution under section 622.01, clause
(2), that the accused was entitled to a commission, out of the money or
property appropi~ated, as compensation for collecting or receiving the same
for or on behalf of the owner thereof, or that the money or property of the
party accused; but it shall not be larceny for any bailee, servant, attorney,
agent, clerk, trustee, or any other person mentioned in section 622.01, clause
(2), to retain his reasonable collection fee or charges.
622.03 Obtaining money by fraudulent draft
Every person who shall wilfully, with intent to defraud by color or
aid of a check, draft, or order for the payment of money or the delivery of
property, when such person knows that the drawer or maker thereof is not
entitled to draw on the drawee for the sum specified therein, or to order
the payment of the amount or delivery of the pro~y., although no express
representation is made in reference thereto, shall obtain from another any
money or property, shall be guilty of stealing the same, and punished
accordingly.
(3)
622.04 Giving check without funds
Any person who, with intent to defraud, shall make or draw or utter or
deliver any check, draft, or order for the payment of money upon any bank
or other depository, knowing at the time of such making, drawing, uttering,
or delivery that the maker or drawer has not sufficient funds in or credit
~ith such bank or other depository for the payment of such check, draft,
or order in full upon its presentation, shall be guilty of a gross mis-
demeanor; and, upon conviction thereof, shall be fined not more than~,000,
or imprisoned for not more than one year, or both.
The making, drawing,uttering, or delivering of such check, draft, or
order shall be prima facie evidence of intent to defraud and as against the
maker or drawer of knowledge of insufficient funds in or credit with such
bank or other depository; where such check, draft, or order has been pro-
tested for insufficient funds or no account, the notice of a protest thereof
shall be admissible as proof against the maker or drawer of such presentation,
nonpayment, and protest, and shall be prima facie evidence that there was~a
lack of funds in or credit with such bank or other depository.
The word "credit", as used herein, shall be construed to mean an
arrangement or understanding with the bank or depository for the payment of
such check, draft, or order.
622.05 Grand larceny, first degree; how punished
Every person who shall steal, or unlawfully obtain or appropriate in
any manner specified in this chapter:
(1) Property of any value by taking the same from the~person of
another in the night-time;
(2) Property of the value of more than $25.00 by taking the same in
the night-time from any dwelling house, office, bank, shop, warehouse, vessel,
railway car, or any building of any kind or description; or
(3) Property of the value of more than $500 in any manner whatsoever --
Shall be guilty of grand larceny i~ the first degree.
622.06 Grand larceny, second degree; punishment
Every person who, under circumstances not amounting to grand larceny in
the first degree, in any manner specified in this chapter, steals or unlawfully
obtains or appropriates:
(1) Property of the value of more than $100 but not exceeding $500 in
any manner:
(2)
(3)
(4)
Property of any value by taking it from the person of another:
Property of any value by taking it in the daytime from any dwelling
house, office, bank, shop, warehouse, vessel, motor vehicle, railway car, or
building:
(4) Property of less value than $25 by taking it in the nighttime from
any dwelling house, office, bank, shop, warehouse, vessel, motor vehicle,
railway car, or building: or
(5) A record of a court or officer or a writing, instrument, or recOrd
kept, filed, or deposited according to law with or in keeping of any public
officer.
Is guilty of grand larceny in the second degree.
822.07 Petit larceny
Every larceny, except in the first and second degrees as described in
this chapter, shall be petit larceny, and punished by imprisonment in the
county jail for not more than three months, or by a fine of not more than
$1oo.
622.08 Minimum punisbanent for larceny of fowl
In any case of grand larceny in the second degree or petit larceny,
when the property stolen, or any part thereof, shall consist of any
domestic animal or fowl, the minimum punishment shall be 45 days' imprison-
ment in the county ~ail; but this shall not affect the maximum punishment for
the offense.
622.09 Application to unissued instruments and fixtures
Every provision of this chapter in reference to larceny shall apply to
cases where the property taken is an instrument for the payment of money,
an evidence of debt, a public security, a passage ticket completed and ready
to be issued or delivered, although never in fact issued or delivered by
the maker to a purchaser or owner; and to cases where the thing taken is a
fixture, or part of the realty, or any growing tree, plant, or produce, and
is severed at the time of taking, in the same manner as if the thing had
been severed by another person at a previous time.
622.10 Dogs personal property, when
Dogs are hereby declared to be personal property within the meaning
of Minnesota Statutes 1941, Part V.
(~)
622.11 Lost property
Every person who shall find lost property under circumstances which '~
give
him knowledge or means of inquiry as to the true owner, who shall appropriate
such property to his own use, or to the use of another person not entitled
thereto, without having first made reasonable effort to find the owner and
restore the property to him, shall be guilty of larceny.
622.13 Conversion by trustee
Every person acting as executor, administrator, committee, guardian,
receiver, collector, or trustee of any description, appointed by a deed,
will, or other instrument, or by an order or judgment of a court or officer,
who shall secrete, withhold, or otherwise appropriate to his own use, or
that of any person other than the true owner or person entitled thereto,
any money, goods, thing in action, security, evidence of debt or of property,
or other valuable thing, or any proceeds thereof, in his possession or custody
by virture of his office, employment or appointment, shall he guilty of grand
or petit larceny in such degree as in this chapter prescribed with reference
to the value of such property.
622.14 Verbal false pretense
A purchase of property by means of a false pretense is not criminal
where the false pretense relates to the purchaser's means or ability to
pay, unless such pretense shall be made in writing and signed by the
party to be charged.
62215 Value of evidence of debt, how ascertained
When the thing stolen is a written instrument, being an evidence of
debt, other than a public or corporate certificate, scrip, bond, or security
having a market value, or being the transfer of or evidence of title to any
property, or of the creating, releasing, or discharging of any demand, right,
or obligation, the amount of money due thereupon or secured to be paid there-
by and remaining unsatisfied, or which in any contingency might be collected
thereon or thereby, or the value of the property transferred or affected,
or the title to which is shown thereby or the sum which might be recovered
for the want thereof, as the case may be, shall be deemed the value of the
thing stolen, tf the thing stolen be a ticket, paper, or other writing
entitling or-purporting to entitle the holder or proprietor thereof to a
passage upon a railway car, vessel, or other public conveyance, the price
at which a ticket entitling a person to a like passage is usually sold
shall be deemed its value. In every case not otherwise regulated by statute,
the market value of the thing stolen shall be deemed its value.
622.16 Claim of title, when ground of defense
Upon an indictment for larceny it shall be a sufficient defense that
the property was appropriated openly and avowedly, under a claim of title
preferred in good faith, even though the dmim be untenable. This shall
not excuse the retention of the property of another to offset or pay
demands held against him.
(6)
622.17 Intent to restore property
The fact that the defendant intended to restore the property stolen
shall be no ground of defense, nor shall it be received in mitigation of
punishment unless the property shall have been restored before complaint
charging the commission of the crime haB been made to a magistrate.
622.20 Restoration of stolen property; duty of officers
The officer arresting any person charged as principal or accessory
in any robbery or larceny shall use ~easonable diligence to secure the
property alleged to have been stolen, and after seizure shall be answerable
therefor while it remains in his hands, and shall annex a schedule thereof
to his return of the warrant~ When the county attorney shall require such
property for use as evidence upon the examination or trial, such officer,
upon his demand, shall deliver it to him and take his receipt therefor,
after which such county attorney shall be responsible for the same.
Upon conviction of the offender, whoever sha~_hold such property shall
turn it over to the owner.
622.21 Stealing from cars
Every person other than the owner or his agent, or one having charge
of a railroad car for the purpose of loading the same, who takes from such
car, while in transit, in the yards, or on any siding or track of any
railroad in this state any grain or flax seed, or m~eeps any such car, shall
be guilty of a misdemeanor. On the trial it shall not be necessary to show
that the defendant is not in the employ of the railrOad company or acting
under its authority while doing the act complained of, but the fact of the
sweeping shall be prima facie evidence of the violation of this section.
622.26 Definitions
Subdivision 1. For the purposes of sections 622.26 and 622~.27 the
terms defined in this section have the meanings ascribed to them.
Subd. 2. '~erchant" means any person who owns or has in his possession
or subject to his control pe sonal property with authority to sell the
same in the regular course of business at retail or wholesale.
Subd. 3. "Person" includes an individual, a partnership, corporation,
or association.
622.27 Larceny in business establishments; detention of suspects
Subdivision 1. A merchant or merchant's employee who has reasonable
cause for believing that a person has taken, or is in the act of taking,
any article o f value without paying therefor, from the possession of the
merchant in his place of business or from any vehicle or premises under his
control, with the intent wrongfully to deprive the merchant of his property.
or the use and ~enefit thereof or to appropriate the same to the use of the
taker or any other person, may detain such person for the sole purpose of
delivering him to a peace officer w~thout unnecessary delay and then and
there making a charge against such person to the peace officer. The person
detained shall be informed promptly of the purpose of the detention and
shall not be subjected to unnecessary or unreasonable force, nor to interro-
gation against his will.
(7)
Subd. 2. Upon a charge being made, a peace officer may, without a
warrant, arrest any person, whom he has reasonable cause for believing has
committed or attempted -to commit the offense described in subdivision 1.
Subd. 3. No merchant., merchant's employee, or peace officer shall be
criminally or civilly liable for false ~arrest or false imprisonment or
wrongful detention under subdivision 1 or subdivision 2 if his action was
based upon reasonable cause.
622.28
Unauthorized use of credit card
Subdivision 1. The term "credit card","credit plate" or "charge plate"
as used in this section means an identification device in writing issued to
an individual by an organization for the individual's use in purchasing
goods on credit.
Subd. 2. Every person who, with intent to deprive or defraud the true
owner of his property, or the use and benefit thereof, and to appropriate
the same to the use of the taker, Or any other person, shall obtain such
property by the use of a credit card, credit plate or charge plate, which
he is not lawfully authorized to use or by using a false, counterfeit,
cancelled or revoked credit card, credit plate or charge plate, steals
such property and shall be guilty of larceny.
o~
TI~ NORTH HENI~PIN POST
AFFIDA~T OF PUBLICATION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN f SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE ~N-ORTH
HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
prior to the publication therein of the..~-~'J~.~.l~.~
.................................... hereto attached, said newspaper was
l~;ir[t~[l"i~'¢[,'b'l[s'h'e'~'ir~';h; '~iliage af Crystal in the County of Hennepin, State of Minnesota, on
Thursday of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in colmnn and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from s
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duphcated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; has filed a copy of each issue wiVh the State Histori-
cal Society in St. Paul; and there has been on file in the office of l~he County Auditor of Hennepin
County, l~linnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week. for,., 01~.~. ..... successive weeks;
That it was first SO published on Thursday, th ................ ~r~ ....................... day Of
....... .I~..~.?..0..h. .......................... 19..6..~.., and thereafter on Thursday of each week to and
including tae .................................... day of ............................ 19 ...... , aim
that the following is a printed copy of the lower case alphabet from .~. to /~, both inclusive, and is hereby
acknowledged as being ~he size and kind of type used in the composition and publication of said legal or
official matter, to-wit:
abcdefghij klmnopqrstuvwxyz--6-pt. Oldstylc
abcdefghij klmnopqrstuvwxyz--6:~t. Devinne
abcdefghij kLmnopqrstuvwxyz--7 V2-pt. ExceLsior
abcdefghijklmnopqrsiuvwxyz--7~/i Memphis Bold
Subscribed and Sworn to before
me rids ...... ,~..~..n..~. ...... day of ............
ORDINANCE NO. 62-5
C HA~TER 13Q
AN O?JDINANCE FIghTeR ~ENDING AN ORDINANCE REGTJLATING THE
USE OF LAND, THE LOCATION AND USE OF BUILDINGS AND THE
AP~W~EMENT OF BUILDINGS ON LOTS IN T~ ~fILLA~ OF h~Z~
HOPE, ~.~rNi~SOTA
The Village Council of the Village of New Hope ordains:
Section i. Ordinance No. ~tL19, Chapter i3K, 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, M~nnesota",
be and the smne is hereby Further amended as follows:
Section 2. Paragraph 3 of subsection f, "Extent of GB C~nerat Business
Districts~t of Section. Vii Zoning District Boundaries" is hereby amended to read
as follows:
"3. An area extending South from the Southerly line of Bass Lake
Road, a distance of 233 feet ~ud extending Ease from the center
line of Winnetka Avenue, a distance of 190 feet to a line drawn
east of and parallel with the c~enter line of Winnetka Avenue."
Section 3. Said Section VII is hereby amended by adding to
subsection e, ~'Eo~tent of RB Retail Business Districts,~' including therein the
following, to be known as paragraph 9:
"9.. Commencing at the southeast corner of the west one-half (W~)
of Lot 32; thence north to a point 100 feet south from the
southeast corner of the north six acres$ thence west to the
west line of Lot 32; thence South to a point 178.2 feet North
from the South ~ne thereof; thence East 100 feet; thence South
to a point on the South line of said lot; distant !00 feet east
from the southwest corner thereof; thence east to the point of
beginning, Lot 32, Auditor's Subdivision N~mber 226, Hennepin
County, ~nnesota."
Section ~. Faid Section ~fII is hereby amended by adding to sub-
section d, "Extent of LB Limited ~siness District," including therein the
following to be known as paragr~oh 14:
"14. That part of the West 70 feet of the East'l~O feet lying
North of the South 1099.32 feet of Lot 38, Auditor's Subdivision
Number 226, Hennepin CoUnty, Mi~_esota."
Section 5. If any section, s~o~s~ction, sentence, clause or paragraph
of this ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portion of this ordinance.
This ordinance shall be in full force and effect from and after its
passage and publication.
Passed by the Village Council of New Hope, Minnesota, this 27th
day of February, 1962.
M. C. Honse~v
Mayor
Attest:
Raioh Kirchoff
Village Clerk
(Seal)
(Published ~u The North Hennepin Post, March 22, 1962.)
~ NORTH I~NI~PIN POST
AFFIDAVIT OF PUBLICATION
YJJ. lag~ o~
Chap-
fhild-
is hereby
subsection
'Zonifig District
'm~ended to read
Winr!etka Ave-
line
is hereby
to be known
ne~ o~the W~ff~n~e-half (W~) of Lot
32; thence .~Or[~-}~b a point 100 feet
~onth from the; ~'~h~asi corner o~ the
oth ~ix ac~esg~L~nce west to the west
~:oFLot 3~ ~h~h~e South to a point
i~.8.2 f~t Nordstrom .the South line
t~ereo(; thcnce?E~st~100 feet; thence
South to ~2goin{ ~o~'the Sou~h' line~ of
said lot;: dis~nt3 l'00'ffe~ east from ~the
sguthwest c~rngr _,~ereof; thence east
~othe p3int "~'f'bk~hing, Lot 32, Aud-
..' i~i~ SuMivi~n ~umber ~26, He~e;
pin County, ~Jan~otaJ"
SECTION, 4. Said S~¢tlon VII is hereby
e:nded .by ~dSgg: to~ ~subsecti~ d, "Ex-
ent of LB Limite~ ~us~e~ DistriCf," in.
eluding therein ~e; following to be known
We~ 70 feet of
of the
South
STATE OF MINNESOTA ~
COUNTY OF HENNEPIN ~' SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE N'ORTIt
HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
prior to the publication therein of theP..~.~...~..~..~L..rl..~.~....N, .o. ,....6..~..,~..~. .........................
Ch~.~. ~]~.~ ................................... hereto attached, .id newspaper was
~.~i'r~t'e~i' ~'~'b'l[sh~'i~'~l~ Village'S/ Crystal in the County of Hennepin, State of Minnesota, on
]'hursday of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in colmnn and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duphcated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; has filed a copy of each issue witch the State Histori-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepin
Coungy, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the condigions constituting its qualifications as a legal
newspaper.
That thc legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week, for..O...~.. ....... successive weeks;
That it was first so published on Thursday, the ................... .~..~. ,~..~. ................... day of
..... .1~..~.~..~..~. ............................ 19..~.~.., and thereafter on Thursday of each week to and
including tl~c .................................... day of ............................ 19 ...... , auo~
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as being ~he size and kind of type used in the composition and publication of said legal or
official matter, to-wit:
abcdcfghij klmnopqrstuvwxyz--6-pt. Oldstyle
abcdefghij klmnopqretuvwxyz--6-pt. Devinne
abcdefghij klmnopqrstuvwxyz~? ~i-pt. Excelsior
abcdefghi]klmnopqrsiuvwxy~---?V~ Memphis Bold
Subscribed and Sworn to before
CP, AP~EP.
OKDINANCE ~__ ~
AN ORDI~LANCE AMENDING CHAPTER 20 AND 20A, ORDINANCE
NO. 57-11, ENTIT~ ':AN ORDINANCE OF THE VII/AGE OF
NEW HOPE ESTABLISHING A ~ CHARGE FOR USERS OF
SANITARY SEWER AHD ESTABLISHING A SINKING FUND FOR
THE PAYMENT OF CERTAIN OBLIGATI0~S OF THE
PERTAINING TO SANITARY SEWER."
THE COUNCIL OF THE VIT&AGE OF NEW HOPE ORDAINS:
Section 1: Section 5 of Chapter 20, Ordinance No. 57-11, as
amended by ChaPter 20A, Ordinance 57-19, is further amended as to read
as follows:
Section 5: All Village receipts resulting from the
use charge provided by this chapter shall be deposited
in the Water and Sewer Fund of the Village.
Section 2: Section 6 of Chapter 20 is hereby amended to read
as follows:
Section 6~, The Use Charge provided for herein shall
terminate on the last day of the month in which that
certain contractual obligation of the Village entitled,
"Agreement Between Village of Golden Valley and the
Village of New Hope for joint construction and the
Perpetual Use of Sanitary Sewer Trunk" dated the 18th
day of September, 1956, is paid or otherwise discharged
in full, including interest, and provided that said
termination does not conflict with the terms and pro-
visions of that certain resolution dated M~rch 13, 1962,
entitled "Resolution Authorizing Issuance of $425,000
Water and Sewer System Revenue Bonds of 1962".
Passed by the Village Council this /~. day of March, 1962.
Attest:~~~e~k
Published in the North Hennepin Post this~2- day of March, 1962.
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
COUNTY O'F HENNEPIN t SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE I~'ORTH
HENNEPIN POST, and has full knowledge of the facts herein atated; that for more than one year
prior to the publication therein of theg.h..~.P..~..~.?-*, g.~..~... 9.~.-~..$.-~--~---.~.~..-..I~..0.'...~.g..'~.~.
................................................................. hereto attached, s~id newspaper was
printed and published in the Village of Crystal in the County of ttennepin, State of Minnesota, on
Thursday of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
known office established in such place for publication and equipped with skilled workmen and necessary
material /or preparing and printing the same; the press work thereon has been done in its kuown office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postofflce; has filed a copy of each issue wi~h the State Histori-
cal Society in St. Paul; and there has been on file in the office of Vhe County Auditor of Hennepin
County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and wu
printed and published therein in the English language once each week, tor.0..n..~. ....... successive weeks;
That it was first so publiahed on Thursday, the ...... 22n~ ...day of
.I/a~h ................................ ~. ..... 62 , ,nd thereafter on Thursday of each week to and
including t~e .................................... day of ............................ 19 ...... ,
that the followingls a printed copy of the lower case atphabct from A to /~, both inclusive, and is hereby
acknowledged asbeing ~he size and kind o£ type used in thc composition and publication of said legal or
official matter, to-wit:
abcdefghij klmnopqrstnvwxyz--6-pt. Oldstyl~
abc dofghij klmnopqrstuvwxyz--6-pt. Devinne
abcdefghij klmnopqrst uvwxyz--7 ¥~-pt. Excelsior
abcdefghijklmnopqrsIuvwxyz~7~/~ Memphis Bold
.... ~'~ .............. ~.~./~..~. i .............
Subscribed ~nd Sworn to b~for~
=, ~. .... ~n~ ........ ~., o~..~r.~ ...................... ,.~.. ~,. ~..
~,:v/, ;~r5": 5::- :5 ' "5 '-;: ~'~ 2/.: ~ 962.
Ordinance No. 62-5
Chapter 13R
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,
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 and the Arrange-
ment of Buildings on Lots in the Village of New Hope, Minnesota", be and the
same is hereby amended as follows:
Section 2. Paragraph 10 of subsection d, "Extent of L. B. Limited
Business District" of Section 7, "Zoning DistrictBoundaries" is hereby
amended to read as follows:
10o That part of Lot 1, Block 1, Lamphere's Terra Linda
Addition, lying West of a line a distance of 223 feet
East of and parallel with the center line of Winnetka Avenue,
and North of a line a distance of 233 feet North of and
parallel with the center line of 27th Avenue North.
Section 3. Paragraph 7 of Subsection f, "Extent of G. Bo General
Business Districts", of said Section 7 is hereby amended to read as follows:
7. Lot 14, and that part of Lot 1, in Block 1, Lamphere's
Terra Linda Addition, lying West of a line a distance
of 223 feet East of and parallel with the center line of
Winnetka Avenue, and lying South of a line a distance of
233 feet North of and parallel with the center line of
27th Avenue North and North of a line a dist~ance 183 feet
North of and parallel with said last center line.
Section 4o Said Section 7 is hereby amended by adding to subsection c
"Extent of M. Ro Multiple-Family Residence District", and including therein the
following to be known as Paragraph 4:
4. Ail of Lot 1, Block 1, Lamphere's Terra Linda Addition,
except that part of Lot 1 lying West of a line a distance
of 223 feet East of and parallel with the center line of
Winnetka Avenue, and North of a line, a distance of 183
feet North of and parallel with the center line of 27th
Avenue Nor th.
Section 5. If any section, subsection, sentence, clause or paragraph of
this ordinance is for any reason, held to be invalid, such decision shall not~
affect the validity of the remaining portions of this ordinance.
Section 6. This ordinance shall be in full force and effect from and
after its passmge and publication.
Passed by the Village Council of New Hope, Minnesota, this ~
day of ....... ~ , 1962.
Attes
t: ~~ Clerk
Ma~or
Published in the North Hennepin Post this 17th day of
May , 1962.
-2-
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
DUPLICATE
NO CLIPPINGS AVAILABLE
REGULATION USE _0~ LAND,
LOCATION & USE OF BLDGSo,
ARRANGEMENT OF BLDGS o
STATE OF MINNESOTA ]
COUNTY OF HENNEPIN~ SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE NORTI-I
ItENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
Ord. #62-5 Chaptor
prior to the publication therein of the ..............................................................
................................................................... hereto attached, said newspaper was
printed and published in the City of Crystal in the 'County o£ Hennepin, State of i?linnesota, on Thursday
of each week; that daring all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the city from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single .column, two inches wide; it has been issued once each week from a
known office established in such place for publication and ectuipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known ~offiee of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to lccal
news of interest to the community which it purports to serve; it has contained general news, comment an&
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to. the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori-
cal Society in St. Paul; and there has been on file in the office of the County Auditor of Flennepin
County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constitutln~m its ctualifieatlons as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
orlo
printed and published therein in the English language once each week, for .............. successive weeks;
That it was first so published on Thursday, the ............... ~.7..~'i ..................... day of
May 62
.......................................... ,19 ...... , and thereafter on Thursday of each week 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 oi type used in the composition and publication of said legal or
official matter, to-wit:
abcdefghijklmnopqrstuvwxyz--6 pt. OLDSTYLE
abcdefghijklmnopqrstuvwxyz--6 pt. Devinne
abcdefghij klmnopqrstuvwxyz~7 ~/2 -pt. Excelsior
abcdefghijklmnopqrsiuvwxyz---7!~t Memphis Bold
Subserlbed and Sworn to before
20th May
me this ........................ day of ...............................A.]m, ~9..~.~.
......
RALPH J. BENNETHUM
Notary Pi;L*t:c, .'-lennepin Count'/, Minfl.
My Commission <xp;;a~ Mar. 27, 19~Y.
Chapter
AI~ ORDINANCE ~RTHER
AMENDING AN ~)RDINAN .CE
REGULATING THE USE OF
LAND,'THE I~OCATION AND
USE OF BUILDINGS AND THE
ARRANGEMENT OF BUILD-
:_ INGS ON LOTS IN THE
,/ ILLAGE OF NEW HOPE,
MINNESOTA
¥illage of New Hope
The Village Counoil of the Village o~
New Hope ordains:
SECTION. 1. Ordinance No. 60-19,
Chapter 13K, entitled "An Ordinance Reg-
ulating the Use of Laud, the Location and
Use of Buildings and the Arrangement of
Buildings on Lots in the Village of New
lrlope, Minnesota", be and the same is
hereby amended as follows: "
SECTION 2. Section VII, subsection f.
"Extent of GB General Business Districts"
is hereby amended by adding to and
eluding therein the roi!owing to be known
as paragraph 9:
9. The East 175 feet of the N'orth 175
feet of the Northeast one-quarter
(NE~) of the Northeast
(NE~) of Section 19, Township 118,
Range 21; also the South 233 feet of
the East 233 feet of the Southeast one,-
quarter (SE~) of Section 18,
township and range.
SECTION 3. Paragraph 7 of Subsection
~ "Extent of LI Limited Industry Dis~
trier", of Section VII, "Zoning
Boundaries" is hereby amended to
follows:
(7) The South 1014 feet of the
east one-quarter (SEV~) of the South-
west one-quarter (SWX~) of Section
20, Township 118, Range 21;
with the East 712.2 feet of said SE
of SW% lying North of the
1014 feet thereof.
~ SECTION 4. Paragraph 2 of
d' "Extent of LB Limited Business Dis-
tricts'', 'of said Section VII is hereby
pealed. '.
SECTION 5. If any section, subsectmn,
~ sentence, clause or paragraph of this ordi-
] nanca is for any reason held to be invalid,
[ such decisions shall not affect the validity
~ o~ the remaining portions of this ordinance.
' .SECTION 0. This ordinance shall be in
' force and effect from' and after its
~sage and publication.
,~Passed by the Village Council of
Village of New Hope, Minnesota, this 14th
[day of August, 1962.
] 52v1. C. HONSEY,
/ Mayor.
~ ATTEST:
~ BETTY POULIOT, '
~ Deputy Clgrk.
] (Published in The North Hennepin
[August 30, 1962).
full force and' effect from and
passage and publication.
Passed by th~ Village Council
Village of New Hope,. Minnesota,
day of Augu'st 1962
M. C. HON'SEY,
Mayor.
ATTEST:
BETTY POULIOT,
Deputy Clerk.
(Pablished in The North Hennepm:t~i~t,
August 30, 1962).
THE NORTH HENNEPIN POST
APFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
COUNTY OF HENNEPIN~ SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been Pres/dent of The Post Publishing Co., the publishers of the newspaper known as THE i~-ORTH
HENNEPIN POST, and has full knowtedge~0f the facts herein stated; that for mor~?than one year
prior to the publication there'm of the. ............. '. .....................................
· l..~... ........................................................ hereto attached, said newspaper was
~rinted and published in the City of Crystal in the County of Hennepln, State of Minnesota, on Thursday
of each week; that durin~ all said time the following contritions have existed:
Said newspaper has been printed in the English language from its known office of publication Wi*chin
the village from which it purports to be issued as above stated in column and sheet form equivalent in/space
to at least 450 running inches of single column, two inches wide; it has been issued once each week fi'om a
known office established in such place for publication and :equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news colt~mn has been devoted to local
news of interest to the community which it purports to serve; it has contained general news~ comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in an.d near it~ said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered'fo paying subscribers; it has had
entry as second class matter in its lo.~. 1 p~ostoffice;,.¥s .file,d a c~O. py of? ~,ach~iss~ Wi~h,.t.he S~t~tH~te~[~
cai Society in St. Paul; and there has peen on xue m the omce or ~ne .~.ou *y 2xuatgor o e~l. p
Counter, l~[innesota, the affidavit of a person having knowledge of the facts, showing the name and
'location of said newspaper and the existence of the cond~ons constituting tts qualifications as a legal
'newspaper. . .
That the legal or official matter hereto attached was cut from the column~9~ ~id newspaper, and was
printed and published therein in the English language once each week, for~..~C.,.~,~.succesSive//[z ,eek~;
That it was first so published on Thursday, the ............................... .%~2~.- ,day of
................... ~.~.~'i;~; ~.E.'~'~/~.~,., 19 ~ and thereafter on Thursday of each week to and
.ineiuding tl~e .................................. 2. day of ............................ 19 .......
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged asbeing the size and kind of type used in the composition and publication of said legal or
official matter, to-wit:
al~def~hij klmnopqrstuvwxyz---6~pt. Old,style
abc defghij,klmnopqrstuvwxyz--6 -pt'~ D~inne
abcdef ghij klmnopqrstuvwxyz~? ~ -pt. EXcelsior
abcdefghijklmnopqrstuvwx~z--7Va Memphis Bold
Subscribed ~nd Sworn to before
m, ..... 0, ....... .
...........
Mar. 27, 1967,
so. 7
OF HEW IJOFE, HINHESOTA
The Village Co~cil o£ the Village of .Ne~ F~pe, ~t~so~a ordains:
0rdi~ance No. S6-4. Chapter 15, entitled "a~ ~d~e
~ltat~, Al~rat~, ~~e, ~.~ a~ Use ~f
its tit~ ~o read as ~ll~s:
"Au Ordinance Re~la~iug the iasta!latitm, Alteration,
Nain~eaa~e, ~ir and Use of Electrical Wirimg and
Apparatu~ in the Hellene of ~ Hope, Ml~aeSoZa; Pro-
v~di~ f~r the Collsc~lon of Fees Therefor; l~ovillim~
Penalties for the VioLation Thereof."
~e~i~. ltcti~ 3 of said ~rli~la~e ~o. f6-4, es a~e~lel, ~ e~d
· he sas~ is hereby .~led to read as foilers:
3.I. ~here is hereby crea~ed
f~e of the ~ct~, as ~ Ass~mt
fill ~ offt~ of 81ec~ical ~t~ a~ll ~ a e~nt
e~r~m of ~ ~al ~~r ~ shall ~ ~
:~~ of e~ical co~ti~ f~ s~e~ of life
p~r~,, t~ s~u~e~ of ~ S~te of ~~ relati~
s~tu~s, ~ ~t~al Kl~tr~al C~ ~ a~r~ ~
gl~tcal Safety C~, as ap~ by ~ ~i~ ~g~r-
s~iem ,3,2. . The electrical inspector ~hall
make a ~horou~h inspection of t~ ~s~lh~i~ ~ ~ild~s
of all electric w~, e~ctric d~ ~ e~ic
s~t~t~ of any s~h wtr~, ~$ or ~rial is
or refus~ ~o ~: ~ ~ss~ re, irs ~r c~
All rafs~ ia tim ~1t~
all ~eae~ ~ ~y ~ ~l~'~
-2-
~e fees established in Seeti~us 3 ~
~pol~~ as publish~ ~
~d t~ s~ ~e ~e a ~rt of t~s ~dt~
set forth ~re,h. ~ c~ies of' said
~, 2ity ~ ~~lis, lV~" s~11
~l~ are,
coafltet emnmt be recoueiled.
All ordi~s or parts
mui uodtft~ as far as such
Each ami every pa~t
~,laxed a ot every other part. Ii any o~her
slmll n~t a£fe=t any
l~s~d by ~b~ VilI~e C~il of ~ Vill~e of ~v ~ this 2_/.._ .
day of ~_/~_? ....... , 1.962.
C1,erk
-3-
Chapter
~ O~dinai~ce No. 62.7
FURTHER
)INANCE
THE
, ALTERATION,
REPAIR AND
~CAL WIRING
IN THE
OF NEW HOPE,
..MXNNESOTA
0f New Ho~e
~ Coun~l of th~ ¥illag~ of
ordains:
No. 56-4, Chap-
Ordinance Re~lating
Maintenance,
Wiring vnd
~9S 'Ide~ ,t~pseupa~ to
~ll~ ud ~ ~tal-
~Z ~des 'X~psan~n?~
~u!ppnd ~eaaD
a~aaqa e~loa pu~ qaea~ o~-
am~nq puc pea.x.~
su~oq uao~ poaolln~ the
~ .ld,a~ 'X~pUO~ast~
nue alDpSu!qqoi
· po~ uns ~!~q%
~oauep .aauo sumpuI SUmld oq~
IlO Iont to suolIu~ uo!Illmm-
3-ao~od iSU0]%UgAU0O s~osId0~-
'ssx~r.
pa!~,m .sI OH 'alepsulqqo~f
','oa~-.Xaao~ 9~8g to osnoqoao~}~
'V S~i!S 'sa~ puc 'a~ to uo~a
sql s! 'Iooq~s qMtR. °I~psutqq°~n" es
olenp~ e 'luBo~a~s ~q~ n-
.malsXsll
aau~I!oA~ns o,easoaoe s,p~mmo~
osuoioG a~ ueo!~o~ q%~o~ oq~-
e urn%urnTM qoYq~ s~epea
uedo %XqP~qddn{s
oq~ sopnlou! % I_ q · a°y
~ Po~a!POP
a[V o~ ao~ ~I~nq ~u~Id
uo[~s a~p~a pu~mmoD osuo~o(
su~qqo~ ~o-osno~oao~ T pXo~
ese8 jeelonb
peuo! e i
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ]
COD-NTY OF HENNEPIN~ SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE NORTH
HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
Frior to the publication therein of the (Jt~a~ ]-5 ~J -- 0rd 62-7
- ...hereto attached, said newspaper was
,printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday
of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from s
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other .publication and has not been entirel~ff made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place ox publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; has filed a copy of each issue wi0h the State Histori-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of l-Iennepin
Count% Minnesota, the ~.ffidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached 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 Thursday, the ......................... aQ.~.b ............. day of
........... S.e.p.t.emb. e.:r. ............. ~.6.2.., and thereafter on Thursday of each week to 8nd
including tl~e .......... : ......................... day of ............ ..; ...... : .... :.. 19.......~ ami
that the followingis a prated copy of the lower case alphabet from A to ~, both meiumve, and ts hereby
acknowledged asbeing the size and kind of type used in the composition and publication of said legal or
officml matter, to-wit:
abedefghij klmnopqrstuvwxyz--6-pt. OldsIylr
abedsfghijklmnopqrstuvwxys--6-pt. Devinne
abcdefghij klmnopqrstuvwxyz--714 -pt. Excelsior
abcdefghijklmnopqrstuvwxyz--7V~ Memphis Bold
Subscribed mhd Sworn to before
_ ....... ..... ............... ,,6.2
.......
Notary 'v' -
ORDINANCE NO. 62- <5~
CHAPTER 52E
AN ORDINANCE AMERCING THE BUILDING CODE OF T~
VILLAGE OF N~d HOPE BY ADOPTING THE UNIFORM
BUILDING CODE, VOLUME 1, 1961 EDITION
The Village Council of the Village of New Hope ordains as follows:
Section 1. Section 28 of Ordinance No. 61-6, Chapter 52D, entitled
"An Ordinance to Regulate the Construction, Alteration, Repair, Addition to,
Remodeling, Moving, Conversion, Occupancy, Equipment, Maintenance, or Oc-
cupancy of Buildings or of Their Parts, Also Structures, of Every Nature in
the Village of New, Hope: Providing for the Issuance of iPermits and Collection
of Fees Therefor: Providing a Penalty for the Violation Thereof: Repealing
all Ordinances Conflicting Herewith'e, be and t_he same is hereby amended to
read as follows:
"Section 28. Adoption of Uniform Building Code: by Reference.
Ther'e is hereby adopted and incorporated into the- Building
Code of the Village of New Hope, by reference, that certain
published code prepared by the Pacific Coast Building Of-
ficials Conference, for general circulation and use, which
is entitled ~Uniform Building Code 1961 Edition Volume 1',
except to the extent that the provisions of said 'Uniform
Building Code 1961 Edition Volume 1' are inconsistent with
the other provisionsof the Building Code of the Village of
New Hope or other ordinances of the Village. In that event,
the more restrictive provision or provisions shall govern.
Three (3) copies of said 'Uniform Building Code 1961~ Edition
Volume 1~ shall be marked as 'official copies' and filed
for reference and inspection in the office of the Village
Clerk."
Section 2. Effective Date. This Ordinance shall take effect and he
in force fr°m and after its passage and publication.
Adopted by tile Village Council this day of _ ~( . ~ 1962.
Published in the North Hennepin post this
Mayor
day of
, 1962.
~ ' th
~ NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
COUNTY OF I-I~NN~PIN ~' SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE iN'ORTH
HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
prior to the publication therein of the ..... .0..r.d.i~:~.a..a.c.e...l/.C.....~2;..S.-...~.h.~.p...~..2~ ..........
.................................... ., ........................... hereto attached, s~id newspaper was
~rhinted and published in the Village of Crystal in the County of Hennepin, State of Minnesota, on
ursday of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
known off'icc established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duphcated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place o£publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoi~ice; has filed a copy of each issue wi~h the State Histori-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepin
Country, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week, for...0.TI..O. ....... successive weeks;
That it was first so published on Thursday, the .......................... J-.S~3 ............... day of
............. ~.O~.r.~Y~2.~ ................ 19~.~ .... and thereafter on Thursday of each week to and
including t~e .................................... day of ............................ 19 ...... , anal
that the followingls a printed copy of the lower case alphabel 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 legal or
official matter, to-wit: '
abcdefghij klmnopqrstuvwxyz--6-pt. Oldstylc
abedefghij klmnopqrstuvwxyz~6-pt. Devinne
abcdefghij kL, nnopqrstuvwxyz~7 ¥2-pt. Excelsior
abcdef!thijklmnopqrs~uvwxlrz--?¥i Memphis Bold
Sub~cribed and Sworn to before
1 st N ovembe r ;~..8, .~.
me this ........... day of..
RALPH J. BENNETHU~A
Notary Public, henaepm ()~;, ,,;t
My. Commission gxp~re~ Mar, 27, i~
~in~u~ or t~,ned low, or ~N. gh~ ltmmed, as ~o give
propnr vtsto~ ~s 1M~s~b~ pFohib~e~t.
~r Cb ~ ot e~ht~ (18) ~rs ~ ~ tb ~ ot
li~n~ p~s at iai t~ ~~ t~ h~ra ol I0:~ o~l~k
iS ~~ei by his ~ ~r ~ut, g~i~ or ~r ~ult
(h) ~o li~ he.unit, er stroll ull o~ ~e~t c~ chi p~t~s
say salt or alcoholic beve~!gs of any kim/.
(l) Si4ch LtcenmM shall provide and p~y /or the services of a
-2-
r nance o.G,-~ ~'
AN ORDINANCE REGULATING
AND LICENSING THE
OPERATION OF ROLLER
SKATING RINKS IN THE
VILLAGE OF NEW HOPE,
MINNESOTA
Village of New Hope
l'he Village Council in the Village of New
{ }tope ordain's:
i SECTION l. DEFINITIONS: As Used
'in this ordinance the following terms shall
lhe defined as follows:
ROLLER SKATING RINK: Any room,
~ place or space open to the public patronage
] where facilities ~re available or made avail-
[ able for roller skatlug, where in the public
:may participate and at which admissions
i may be had by the public by payment
:directly or indireetly of an admission fee or
'price, including a fee for membership in a
club, price of food, or payment for anv
other form of amusement offered in or frolh
~the licensed premises.
OPER.ATE: To conduct, to manage,
supervise, to maintahl, to keep.
"PERSON: The word person shall include
natural and corporate persons and firm~ or
partnerships.
SECTION 2. No ~er~on shall operate
roller skating rink t~'ithin the corporate
~lim ts of the Village of New Hope without
[fir*t having obtained a license therefor,
s from t~ Village Council in the manner~
%ereinafter provided.
~ SECTION 3. All applications for the
¢ticense ~ursuant to this ordinance s~t
permit during all the time that same is~
effective.
(h) NO licensee hereunder shall sell or~
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MIN1TESOTA ~
COUNTY OF HENNEPIN? SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE NORTH
HENNEPIN POST, and has full knowledge of the facts herein atated; that for more than one year
prior to the publication therein of the ..... 0r~ls Nos 6?.-9 Chap NO.
of roller skating rinks
· .°..r..a.'....r.e.g.u. 5.,.3~).,...&...~..i. ?.e..n..S.i..n.a..o.P.e. r..~.~..i..o.n....heretoattached, said newspaper was
printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday
of each week; that during all said time the following conditions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from z
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up oi pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; has filed a copy of each issue wi~h the State Histori-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepin
Counter, l~innesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the condi//ons constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week, for ...... .O.1~..O ....successive week~;
That it was first so published on Thursday, the ....... l~h
....................................... day of
......... D.?..o.?.~..~.~..~. ..................... 19. ..... 6~ , and thereaft .... Thursday of each week to and
including tl~e .................................... day of ............................ 19 ...... ,
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as~eing the size and kind of type used in the composition and publication of said legal or
official matter, to-wit:
abedefghij klmnopq rstuvwxyz--6-pt. Oldstyle
abcdefghijklmnopqrstuvwxyz~6-pt. Devinne
abcdefghij klmnopqrstuvwxyz--7 ~i-pt. Excelsior
abcdefghijklmnopqrsiuvwxyz--7V~ Memphis Bold
Subscribed 8nd Sworn to before
.. ......... .... o, ........ p?..o.?.b.?. ..............
........
RALPH J. BENNEI'HUM
I~l~all"y Pul;>lic, Hennepin County, M!rm~
~l~ Commission Expires Mar. 27, 196l.
O1LD~CE NO. 62- [0
CHAPTER 13 T
AN ORDINANCE FURTHER AMENDING AN ORDINANCE REGU~TING THE USE
OF LAND, THE LOCATION AND USE OF BUILDINGS ~ THE A_RRANGE-
MENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW HOPE, MINI~ESOTA
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 Imnd, the Location and Use of Building-s and the Ar-
rangement of Buildings on Lots in the Village of New Hope, Minnesota", be
and the same is hereby amended as follows:
Section 2. Section 4. Performance Standards is hereby amended by
adding to and including therein the following to be known as Section A,
Exterior Storage, subsectibn 3.
3. Ail Districts. Open Sales Lots°shall be prohibited.
Ail second-hand passenger cars and/or trucks, motor
scooters, motorcycles, boats, trailers, aircraft con-
struction equipment and monuments held for sale or stored
prior to sale, shall be stored within a building.
Section 3. If any section, subsection, sentence, clause or paragraph
of this Ordinance is for any reason held to be invalid, such decisions shall
not affect the validity of the remaining portions of this ordinance°
Section 4. This ordinance shall be in full force and effect from and
after its passage and publication.
Passed by t~he Village Council of the Village of New Hope, Minnesota this
day of ,/Vc , 19 2.
Mayor
Clerk
Published in the North Hennepin Post this ~0~ day of 0ece~ ~w
·, 1962o
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINN~-'SOTA ~
COUNTY OF HENI~'EPIN~ SS.
E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
been President of The Post Publishing Co., the publishers of the newspaper known as THE I~ORTH
HENHEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
prlor to the publication therein of the ..... .0r.4.,..i.~.o,...Sg.-.1.Q..C. hap.ti.e.r...1.~...T. ...........
Ord regutatina use of land, location .~et~a~e~,n~ eto
............................................................ newspaper was
printed and published in the City of Crystal in the Comity of Hennepin, State of Minnesota, on Thursday
of each week; that durin~ all said time the following eondltions have existed:
Said newspaper has been printed in. the English language from its known office of publication within
the village from which it purports to be ~s~ued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local p0stoffice; has filed a copy of each issue wieh the State Histori-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepin
Count~% Minnesota, the affidavit of a person hav/ng knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and wss
printed and published therein in the English language once each week, for ..... o..rl..~ ..... successive week~.'
That it was first so published on Thursday, the ................................. ~,~.'~.h. ...... day of
........... .D.~.Q~.r~.{~.I~. ................... 19.~..~.., and thereaft .... Thursday of each week to and
including tl~e .................... day of
............................................ 19 ...... , and
that the followi~gis a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged asbeing the size and kind of type used in the composition and publication of said legal or
official matter, to-wit:
abcde fghij Idmnop qrstuvwxyz--6-pt. Oldstyle
abcdefghijklmnopqrstuvwxyz--6-pt. Devinne
abcdefghijklmnopqrstuvwxyz--7 ~-pt. Excelsior
abcdefghijkhnnopqrstuvwxlr~7V~ Memphis Bold
Subscribed ~nd Sworn to before
me tm ......... Lath ..... d~ of....Denemher .................. A.l~., ~.~..
i~,lOta_ R~a.L.P,H 4. S£NNk'IIqUM ~ t'UVl~C, ~'lennePln County,
ORDINANCE NO. 62-
NO.
AN ORDINANCE REGULATING AND LICENSING TAXICABS AND TAXICAB DRIVERS
Section 1. Definitions. The following words and phrases w~n usmd in this
ordinance having the meanings as set out herein:
(a) Call box stand means a place alongside a street~, for elsewhere
where the Village Council has authorized a holder of a certi-
ficate of public convenience and necessity to install a
telephone or call box for the taking of calls and the dis-
patching of taxicabs.
(b)
Certificate means a certificate of public convenience and
necessity issued by the Village Council authorizing the holder
thereof to conduct a taxicab business in the Village of New Hope.
Driver's license means the permission granted by the Village
Council to a person to drive a taxicab upon the streets of
the Village of New Hope.
(d)' Holder means a person to whom a certificate of public con-
venience and neCessity has been issued.
(e)
Open stand means a public place alongside the curb of a street
or elsewhere, im the Village of New Hope which has been desig-
nated by the Village Council as reserved exclusively for the
use of taxicabs.
(f)
Taxicab means a motor vehicle regularly engaged in the business
of carrying passengers for hire, having a seating capacity of
less than ten persons and not operated on a fixedroute.
(g)
Taximeter means a meter instrument or device attached to a taxi-
cab which measures mechanically the distance driven and the wait-
ing time upon which the fare is based.
(h)
Wailing time means the time when a taxicab is not in motion from
the time of acceptance of a passenger or passengers to the time
of discharge, but does not include any time that the taxicab is
not in motion if due to any cause other than the request, act or
fault of a passenger or passengers.
Section 2. Certificate of Public Convenience and Necessity Required. No
person shall operate or permit a taxicab owned or controlled by him to be operated
as a vehicle for hire upon the streets of the Village of New Hope without having
first obtained a ~ertificate of public convenience and necessity from the Village
Council, provided that any taxicab licensed ~o operate in any other municipality
of this state may carry passengers from s~d municipality wheye so licensed to any
place or point within the Village of NeW'Hope and ma~eceive pa~e.ngersz for carriage
to such municiPality where so licensed, but owners and drivers of such vehicles shall
not be permitted to solicit business in the Village of New Hope, or otherwise operate
a taxicab on the streets of such Village, without being licensed under'the provisions
of this Ordinance.
~4
Section 3. Application for Certificate. An application for a certificate
shall be filed with the Clerk upon forms provided by him; and said application
shall be verified under oath and shall furnish the following information:
(a) The name and address of the applicant.
(b) The financial status of the applicant, including the amounts
of all unpaid judgments against the applicant and the nature
of the transaction or acts giving rise to said judgments.
(c)
(d)
The experience of the applicant i~ the transportation of pas-
sengers.
Any facts Which the applicant believes tend to prove that
public c~avenience and necessity require the granting of a
certificate.
The number of vehicles to be operated or controlled by the
applicant and the location of proposed open stands and call
box stands.
(f) The color scheme or insignia to be used to designate the
vehicle or vehicles of the applicant.
(g) Such further information, as the Village Council may require.
Section 4. Public Hearing. Upon filing an application, the Council may,
at its option, fix a time and place for a public hearing thereon.
Section 5. Issuance of Certificate. If the Council finds that further
taxicab service in.the Village of New Hope is required by the public convenience
and necessity and that the applicant is fit, willing and able to perform such
public transportation and to conform to the provisions of this ordinance and the
rules promulgated by the Village Council~ the Village Council shall issue a certi-
ficate stating the name and address of the applicant, the number of vehicles
authorized under s~td certificate and the date of issuance; otherwise, the ap-
plication shall be denied.
In making the above findings, the Village Council shall take into considera-
tion the number of taxicabs already in operation, whether existing transportation
is adequate to meet the public need, the probable effect of increased service on
local traffic conditions, and the character, experience and responsibility of the
applicant.
Section 6. Indemnity Bond or Liability Insurance Required. No certificate
of public convenience and necessity shall be issued or continued in operation unless
there is in full force and effect a liability insurance policy issued by an insurance
company authorized to do business in the State of Minnesota for each vehicle
authorized in the amount of fifty thousand dollars for bodily injury to any one person;
in the amount of one hundred thousand dollars for injuries to more than one person
which are sustained in the same accident and ten thousand dollars for property damage
resulting from any one accident. Said p-olicy or certificate of the' insurer showing
issuance of the policy shall be filed in the office of the Village Clerk.
-2-
Section 7. License Fees for Certificate Holders. No certificate shall be
issued or continued in operation unless the holder thereof has paid an annual license
fee for the right to engage in the taxicab business of ten dollars ($I0.00) each year
for each vehicle operated under a certificate of public convenience and necessity.
Said license fees shall he for the calendar year and shall be in addition to any
other license fees or charges established by proper authority and applicable to said
holder of the vehicle or vehicles under his operation and control.
Section 8. Transfer of Certificates. No certificate of public convenience
and necessity may be sold, assigned, mortgaged, or otherwise transferred without the
consent of the Village Council.
Section 9. Suspension and Revocation of Certificates. A certificate issued
under the provisions of this ordinance may be revoked or suspended by the Village
Council if the holder thereof has
(a) violated any of the provisions of this ordinance,
(b) discontinued operations for more than sixty days,
(c) violated any ordinances of the Village of New Hope, or the laws
of the United States or the State of Minnesota, the violations
of which reflect unfavorably on the fitness of the holder to offer
public transportation.
to
Prior/suspension or revocation, the holder shall be given notice of the pro-
posed action to be taken and shall have an opportunity to be heard.
Sec'tion 10. Taxicab Driver's License. No person shall operate a taxicab for
hire upon the streets of the Village of New Hope, and no person who owns or controls
a taxicab shall permit it to be so operated, and no taxi=ab licensed by the Village
off'New Hope shall be so driven at any time for hire, unless the driver of said taxi- ~..-
cab shall have first obtained and shall have then in force a taxicab driver's license
issued under the provisions of this ordinance.
Section 11. Application for Driver's License. An application for a taxicab~
driver's license shall be filed with the Village Clerk on forms provided by him; and
such application shall be verified under oath and shall con.tain the following informa-
tion:
(a)
(b)
The mames and addresses of four residents of Hennepin County
who have known the applicant for a period of five years and
who will vouch for the sobriety, honesty and general good
character of the applicant.
The experience of the applicant in the transportation of pas-
sengers.
(c) The educational background of the applicant.
(d) A concise history of his employment.
(e) A small photograph of the applicant suitable for attaching to
license.
-3-
Each application shall be accompanied by a certificate from a reputable
physician of Hennepin County certifying that, in his opinion, the applicant is
not afflicted with any disease or infirmity which might make him an unsafe or um-
satisfa¢~ry driver. At the time the application is filed the applicant shall pay
to the Village Treasurer the sum of three dollars, the license fee.
Section 12. C~rrent State Motor Vehicle Operator's Permit Required.
Before any applicant is finally passed upon by the Village Council the applicant
shall be required to show that he has a current chauffeur's license issued by the
State of Minnesota.
Section 13. Police Investigation of Applicant - Traffic and Police Record.
The Police Department shall conduct an investigation of each applicant for a taxi-
cab driver's license and a report of such investigation and a copy of the traffic
and police record of the applicant, if any, shall be attached to the application
for the consideration of the Village Council°
Section 14. Consideration o£A?plication. The-Village Council shall upon
consideration of the application and the reports and certificate required to be at-
tached thereto approve or reject the application.
Section 15. Issuance of License - Duration -Annual Fee.
Upon receipt of a $3.001icense fee and approval of an application for a
taxicab driver's license the Village Clerk shall issue a license to the applicant
which shall bear the name, address, age, signature and photograph of the applicant.
Such license shall be in effect for the remainder of the calendar year. A
license for every calendar year thereafter shall be issued upon the payment of $3.00,
unless the license for the preceding year has been revoked.
Section 16. Disp.la~ of License. Every driver licensed under this ordinance
shall post his driver's license in such a place as to be in full view of all pas-
sengers while such driver is operating a taxicab.
Se-ction 17. Suspension and Revocation of License. The Village Council is
hereby given the authority to suspend any driver's license issued under this ordi-
nance for a driver's failing or refusing to comply with the provisions of this
ordinance, such suspension to last for a period of not more than thirty days. The
Village Council is also given authority to revoke any driver's license for failure
t.o comply with the provisions of this ordinance. However, a license may not be
revoked unless the driver has received notice and has had an oppDrtunity to present
evidence in his behalf.
Section 18. Failure to Comply with Village~ State and Federal Laws. Every
driver licensed under this ordinance shall comply with all Village, State and
Federal laws. Failure to do so will justify the Village Council suspending or re-
voking a license.
Section 19. Examination of Taxicabs. The Council shall cause the chief
of the police department or some other employee on behalf of the Village thoroughly
and carefully to examine each taxicab before a license is granted to operate the
same. It shall be a cont/nuing requirement for such licenses that each taxicab
licensed thereunder:
-4-
A. Be in a thoroughly safe condition for the transportation
of passengers.
B. Be clean on the interior and exterior and of good ap-
pearance, and well painted and varnished.
Such other examinations and tests of licensed taxicabs may be ordered
by the Council from time to time as it may deem advisable and the M~ic~LDept.
shall maintain a constant vigilance to see that all taxicabs are kept
in fitness for public service.
Section 20. Identification of Vehicle. Every taxicab which shall solicit
or accept business on the streets of this municipality, or stand, or wait for hire
shall b~ve sorme designation of the character of the vehicle .painted in plain visible
letters on each side thereof.
Section 21. Taximeter Required. Ail taxicabs operated under the authority
of this ordinance shall be equipped with taximeters fastened in front of the pas-
sengers, visible to them at all times day and night; and, after sundown, the face of
the taximeter shall be illuminated. Said taximeter shall be operated mechanically by
a mechanism of standard design and construction, driven either from the transmission
or from one of the front wheels by a flexible and permanently attached driving mechan-
ism ' They shall be sealed at all points and connections which, if manipulated, woul~l~_
affect their co=rect reading and recording. Each taximeter shall have thereon a ftap..j~
to denote when the vehicle is employed and when it is not employed; and it shall be the
duty of the driver to throw the flag of such taximeter into a non-recording position
at the termination of each trip,' The said taximeters shall be subject to inspection
from time to time, by the Department of Police. Any inspector or other officer o~ maid
department is hereby authorized either on complaint of any person or without such com-
plaint, to inspect any meter and, upon discover of any inaccuracy therein, to notify
the person operating said taxicab to cease operation. Thereupon said taxicab shall be
kept off the highways until the taximeter is repaired and in the required working condi-
tion.
Section 22. Rates of Fare -- Rate Card Required. Every taxicab operated
under this ordinance shall have a rate c~d setting forth the authorized rates of
fare displayed in such a place as to be inview of all passengers° Rates charged
may not ~xceed taxicab rates which are lawful in the City of Minneapolis°
~ Section 23. Receipts. The driver of any taxicab sh-alI upon demand by the
passenger render to such passenger a receipt for the amount charged, either by a
mechanicaityprinted receipt or by a specially prepared receipt on which shall be
the name of the owner, license number or motor number, amount of meter reading or
charges and date of transaction.
Section 24. Refusal of Passenger to Pay Legal Fare. It shall be unlawful
for any person to hire any vehicle herein defined with intent to defraud the person
from whom it is hired of the value of such service.
Section 25. Open-~$t~nds -- Establishment -- Use.
(a)
The Village Council may establish Open Stands in such place or places
upon the streets of the Village of New Hope as it deems necessary for
the use of taxicabs operated in the Village°
(b)
Open stands shall be used by the different drivers on a first
come first served basis. The driver shall pull on to the open
stand from the rear and shall advance forward as the cabs ahead
pull off. Drivers shall stay within five feet of their cabs;
they shall not solicit passengers; or, engage in loud or
boisterous talk while at an open stand. Nothing in this ordinance
shall be construed as preventing a passenger from boarding the cab
of his choice that is parked at open stands.
Section 26. Call Box Stands -- Establishment -- Use.
(a)
The Village Council may establish Call Box Stands upon the
streets of the Village in such places as it deems proper. A
holder desiring to establish a Call Box Stand'shall make written
application to the Village Council. The applicant must attach
to the application the written approval of the abutting property
owners of said space, consenting to the creation of such stand°
Upon filing of the application the Police Department shall make an
investigation of the traffic conditioms at smid place and shall
thereafter file their written recommendation to the Village Council°
The Council shall then either grant or refuse the application. When
a call box stand has been established as herein provided, it shall
be used solely by the holder to whom the same was granted and his
agents and servants and no other holder shall be permitted to use
the same.
(b)
Use. A holder operating a call box stand as provided for in this
ordinance shall be allowed to have on duty at such stand, a starter,
or other employee, for the purpose of assisting in the loading of
passengers from cabs, for receiving calls and dispatching cabs, and
for soliciting passengers at such stand. The words "at such stand"
shall mean that part of the sidewalk immediately adjacent to and of
equal length with such call box stand.
Section 27. Prohibitions of Other Vehicles. Private or other vehicles for
hire shall not at any time' occupy ~he space upon the streets that has been established
as either open stands or call box stands.
Section 28. Taxicab Service. Ail persons engaged in the taxicab business in
the Village of New Hope operating under the provisions of this ordinance shall render
an ~;er-all service to the public desiring to use taxicabs. Holders of certificates
of public convenience and necessity shall maintain a central place of business and
keep the same open twenty-four hours a day for the purpose of receiving calls and dis-
patching cabs° They shall answer all calls received by them for services inside the
corporate limits of Village of New Hope as soon as they can do so and if said services
cannot be rendered within a reasonable time they shall then notify the prospective
passengers how long it will be before the said call can be answered and give the
reason therefor° Any holder who shall refuse to accept a call anywhere in the corpo-
rate limits of Village of New Hope at any time when such holder has available cabs; or
who shall fail or refuse to give over-all service, shall be deemed a violator of this
ordinance°
Section 29. Penalty. Any person violating the provisions of this ordinance
shall be guilty of misdemeanor and shall upon c~l~viction there of be punished by a
fine of not more than One Hundred Dollars ($100.00), or by imprisonment for not more
than ninety (90) days for each offense.
-6-
AdoP~Village Council of the Village of New Hope this
day of , 196~
At tes t:
(Seal)
Published in the North Hennepin Post the~th day of January, 1963.
-7-
THE NORTH HEN1TEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
b~en President of The Post Publishing Co., the publishers of the newspaper known as THE NORTH
HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year
0rdinanc~ No. 62-!1~.
prior to the publication therein of the ......................................................
...C. hap~0.r...l(c~o ..................................... hereto attached, said newspaper was
printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday
of each week; that durina all said time the following conditions have existed:
Said newspaper has been printed in the English language from /ts known office of publication within
the village from which it purports to be issued as above stated in colmun and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
~xtent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in it~ local postoffice; has filed a copy of each issue wi~h the State Histori-
cal Society in St. Paul; and there has been on file /n the office of ehe County Auditor of Hennepin
County, 3/[innesota, the affidavit of a person having kn.o.w, ledge of .the fa.cts., showing the name and
location of said newspaper and the existence of the condl~ons constituting its qualifications as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week, for ..... .O..~..~. .... successive week~i
2~_th
That it was first so published on Thursday, the ................. -' ............................ day of
Jan uary. 19 .~J, and thereafter on Thursday of each week to and
including tile .......... -. ......................... day ot .................... : .... 'i" 19.... .... ana
that the following is a pnnted copy of the lower case alphabet from A to Z, both ~nc]us ve, and ts hereby
acknowledged as being the size and kind of type used in the composition and publication of said legal or
official matter, to-w/t:
ab~defghij idmnop q rstuvwxyz--6-pt. Oldstylc
abedefghijklmnopqrstuvwxyz--6-pt. Devinne
abcdefghi~ kLmnopqrstuvwxyz--7 ~ -pt. Excelsior
abcdefghijldmnopqrstuvwx?z--7Va Memphis Bold
Subscribed and Sworn to before
me ........ of ................ ...... 1 53...
..........
RALPH J. BENNETHUM
Notary Public, Hennepin County, Min~
My Commission Expires Mar. 27, 19672
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MIN1TESOTA )
COUNTY OF HENNEPIN ~ SS.
C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
helen President of The Post Publishing Co., the publishers of the newspaper known as TIlE NORTH
IIENNF. PIN POST, and has full knowledge of the facts herein stated; that for more than one year
prior to the publication therein of th ....... .................
....0. ~a.p.t.o r.. N.o.... X.~.6. ................................ hereto attached, said new~paper was
printed and oublished in the City of Crystal in the County of Hennepin, State of 1V[innesota, on Thursday
of each week; that durinE all said time the following cond/tions have existed:
Said newspaper has been printed in the English language from its known office o£ publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from s
known office established in such place for publication and equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon has been done in its known office of
publication; in its makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news~ comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
entry as second class matter in its local postoffice; .h. as filed a c.o. py of each issue wi~h the State Histor. i-
cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Ilennepm
Coun0y, ~finnesota, the affidavit of a. person ,ha.,vlng kn?.w, ledge of .th~. fac.ts, sho,w.,i.ng .the name .and,
location of said newspaper and the existence ox the conulaons constituting its quanxlcahons as a legal
newspaper.
That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language once each week, for .... .0.?1..~. .... successive weeks;
2.~th
That it was first so published on Thursday, the ............................................. day o~
January. 1!~ 63 and th .... fter on Thursday of each week to and
including tile .....: ..... : ......................... day of ............ -~ ....... :~'l~[s~'~ 19.... .... ana
that the following ~s a plnnted copy o.f the lower case alphabet from A to Z, both ~ c u v , and is hereby
acknowledged as being the size and kind of type used m the composition and publication of said legal or
official matter, to-w/t:
abcdefghij klmnop qrstuvwxyz--6-pt. Oldstyle
abcdefghij klmnopqrstuvwxyz--6-pt. Devinne
abcdef~aij klmnopqrstuvwxyz---7 !4 -pt. Excelsior
abcdefgbijklmnopqrsiuvwxTz~-7V~ Memphis Bold
Subscribed and ~worn to b~fore
,e .,is ..... 21;.~h ....... day o~... ~ r~U~r .................. ~.. ~,.. ~3
RALPH J. BENNETHUM
Notary Public, Henneptn County,
My Com~;~ Miri~
Mar o~ '
! N~rth Hennepin Post
l' hursday, January 24, 1963
Ordinance No. 62-11
Chaplet No. 156
AN ORDINANCE REGULATING
AND LICENSING TAXICABS
AND TAXICAB DRIVERS
Village of New Hope
Section 1. Defi~itions. The following
words and phrases when used in this ordi-
nance having the meanings as set out here-
in: .
(al Call box sta~d means a place along-
side a street, or elsewhere where the
Village CounCil has authorized a holder
of a certificate of public convenience
and necessity to i~tall a telephone or
call box for the ~aking of calls and
tile dispatching of taxicabs.
(bi Certificate means a certificate of pub-
lic ~onvenience ' and necessity issued
by the Village Council authorizing the
h~lder thereof to conduct a taxicab
business in the Village of New Hope:
(c) Driver's license .means the permlsmon
granted by the Village Council to a
person to drive a taxicab upon the
streets of the Village of New Hope.
(d) Holder means a person to whom a
certificate of public convenience and
necessity has been issued.
(el Open sta-~id means a public place along-
side the curb of a s{reet .or elsewhere,
in the Village of New Hope which has
been designated by the Village Council
as reserved exclusively for the use of
taxicabs.
(fl Taxicab means a motor vehicle ream-
lady engaged in the business of carry-
ing passengers for hire, halving a seat-
ing capacity of less than ten persons
and not operated on a fixed route.
(gl Taximeter means a meter instrtlment
or device attached to a taxicab which
measures mechanically the distance
driven and the waiting time upon whleh
holder shall be g~ven notice of the proposed stand.
action to be haken and Shall have an oopor-
tunity to be heard.
Sec~io~ 10. Ta.x'icab Driver's License, ,_No
person shall operate a taxicab for hire upon Sectlo.n
the streets o± the Village of New Hope, rios. l?rivafe or
i~n~i no l~rsoll %vho owns or controls a
taxicab shall permit it ~o be so operated;
and no taxical) licensed by the Village. of
New l-lope shall be so driven at any nme
for hire, unless the driver of said taxicab engaged
shall have first obtained and shall h~.ve lane of
then in force a taxicab driver's license
issued under the provisions of this ordi-
nance, to use taxicabs.
Section 11. Application ~oi' Dri*ier'.* .public convenience
cen,~e..~a application [or a taxicab driver's loath a central place
license shall be filed with the Village Clerk[the same Open twenti
on forms provided by him; and such ap-lth4 purpose of receiv
plication shall be verified under oath and inn cabs. They shall
shall contain the following information: led by them for Servi
t.a) The names and addresses of four resi-{limits of Village Of
dents of [-Iennepin County who bevel they can do so and
known the applicant .Iora period .of[ oF ?~hdered ~.'~thi~, ~
five years and who will vouch ior tile! snail .non notify me
sot)fiery, honesty and general gooulhow long .it will. be 1
cllaracter of the applicant [can be answered a/~ :J
~(b) The experience of the applicant in the /or. Any holder who
trausportation of passeogers, la call anywhere in the coep0riit'e
(el The educational background of the ap. Village of New Hope at'any t
plicant, such holder has available cabs
(d) A concise history of his employment-I .halt fail 'or refuse to give { ver;~
kc) A small photograph of the applicant .hall be deemed a violator of this
suitaule for attaching to license. [ Section 29. Penalty. Any
ng the provisions of this
}e guilty of misd
:oltviction thereof be
Of not ulore than One
($10~/.00)_, or by im[
more than ninety (90) days for e~h
lense.
Adopted by the Village
Village of New Hope
December, 1962.
Each application shall lie accompanied by
a certificate from a reputable physician oi
Itennepin County certifying tl~at, m his
opinion, the applicant is not alii!coed with
any 'disease or infirmity which might make
Btm asa unsafe or unsatisfactory nrtve~.
the time the application is filed the appli-
cant shall pay to the Village Treasurer tile
sum of three dollars, the license fee.
Section 12. cio'rent 6'tats Motor t/ehicle:
Pea'mit !~eqit~rea. Before ~y ap-
is finally passed upon ny ~e
~uncil the applicant ,h~l be reqffired
that he h~ a cuPrent chauffeur's
license issued b~ the State of Minnesota.
Section 13. Poi'ice Invextigati~t oI
can. t~Tra#ic and Police Record. The
Police ~p'~tment sh~l conduct an
of ea~ applicant for a ~xicab
license and a relmrt of such in-
and a copy oI the traffic and
'ecord of the applicaut, ii any, shall
attached to the application for the con-
sideration of the Village Council.
the fare is based.
(bi WaitD~g time means the tiIne when
taxicab is not in motion from the time ' '
'of acceptance of a passenger or pas. Section 14. Consideration o/ Application.
sonnets to the time of discharge, but The Village Council shall upon considers-
does not include any time that the lion of the application and the reports and
taxicab is not in motion if due to any certificate required to be attached thereto
cause other than tile request, act approve or reject the application.
t '
fault of a passenger or passengers~ Seckion 15. Issuance o/ Licease--Dura-
S'ec~io~ 2. Pt~blic Co*~ve~- tion--A'n'm~al Fee.
li .................... d n~ces,sity. S.a. id
fees shall be for the caienuar yeaI ann s-,*-- forth the authoriied rates
he in addition 'to any other license fees or iii such a place as to be
charges established by proper authority and passengers. Rates charged-may
applicable to said h~lder of the vehicle m
vehicles under his operation and control, taxicah rates which are lawful
Section 8. T~an.s[er o~ CerPificaies. No of 5{inneapolis. ·
certificate of public convenience ~nd heres- Scctio'n 23. Rece£p~s. The driver
sity may be sold. assigned, mortgaged, m' taxicab shall upon demand by tl~e.
otl~eCwis'e transferred ~ithout tile consent to such
be the
of the Villaee Conneil.
Sec~iO~n 9f Suspension. and Revocation o/ the' owner, or motor
Certlficates. A certificate issued Under the bet, amount of meter reading or charges
provlsio .... f this ordin3ncxer..?aY ]~_e..n~5{ and date of t .... action.
yoked or suspended bv toe xmage ~ou,, Sectioll. 24. Refusal of Passenger to Pay
if the holder thereof has Fare. It shall be unlawful for any
(al violated any of the provisions of this to hire any vehicle herein defined
ordinance, intent to defraud the person from
(hi discontim~ed operations for more than it is hired of the value of such
sixty days,
icl violated'anY ordinances of the Village se'c~wn '~5 Open Stands--Establisbmeni
of New Ho~e, or the laws of the United
States or the State of Minnesota. the --Usc. ' '
violations of which reflect unfavorably 'al The Village Council may establish Open
on the qtuess of the holder to offer ( Stands in such place or places upon
puMic t~nsportation, the streets of the Village of ]New Hope
Prior to suspension or revocation, the as it deems necessary-for the use
taxicabs operated in the Village.
(bi Open stands shall be used by the
ferent drivers on a first
,etwed basis. The driver shall
to the open stand from the rear
! shall advauce forward as the caas
~ ahead pull off. Drivers shall stay
within five feet of tbeir cai)s; they
shall not Solicit passengers; or, engage
iii loud or boisterous talk while at an
open stand. Xothing in this ordinance
shall be construed as preventing a pas-
sooner' from boarding tbe cab o{ ~is
eboice' that is
'Ira Section 26. Colt
a) The ~;'{llage Council may
Box Stands upon the
lane in such. places as
holder desi~
Attest:-
iDA
Deputy
VILLA6E OF NEW HOPE
UNIFORM SUBURBAN FRANCHISE
FOR
MINNEAPOLIS GAS COMPANY
November 9, 1962
AN ORDINANCE
GRANTING TO THE MINNEAPOLIS GAS COMPANY, ;A
CORPORATION ORGANIZED UNDER THE LAWS OF THE ~
STATE OF DELAWARE, , ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO USE THE STREETS AND PUBLIC PLACES
IN THE VILLAGE OF NEW HOPE FOR THE CONSTRUC-
TION, MAINTENANCE AND OPERATION OF A SYSTEM
OF MAINS, PIPELINES AND OTHER FACILITIES FOR
THE MANUFACTURE, DISTRIBUTION AND SALE OF GAS~
SUBJECT TO CERTAIN TERMS AND CONDITIONS~ AND
PRESCRIBING THE RATES TO BE CHARGED THEREFOR,
AND REPEALING ALL ORDINANCES, OR PARTS OF ORDI-
NANCES, INCONSI STENT HEREWITH.
Whereas, the Minneapolis Gas Company, a corporation organ-
ized under the laws of the State of Delaware, owns property used
and useful in the manufacture, distri'bution and sale of gas in
the Village of New Hope and is operating said property in said
Village; and
Whereas, the Village Council of the Village of New Hope
on the 10th day of December, 1953~ adopted an ordinance grant-
ing a franchise to the Minneapolis Gas Company, its successors
and assigns, for the manufacture, distri'bution and sale of gas
in said Village for a period of twenty (Z0) years; and
Whereas, meetings have been held between representatives
of the Minneapolis Gas Company and the Village Council of the
Village of New Hope relative to a revision of the franchise
previously granted; and
Whereas, the Minneapolis Gas Company, as and for
consideration and compensation for the rights and privileges herein
granted, has agreed to surrender its present franchise ordinance
and has agreed, during the term hereof, to continuously supply
gas service to the inhabitants of the Village, as provided in
this f~anchise ordinance, and has agreed to perform contractual
obligations set forth in said franchise ordinance, and has agreed
to pay to the Suburban Rate Authority for the use and benefit of
the Village the amount provided in Section 18; and
Whereas, the Village Council of the Village of New Hope in
cooperation with other municipalities of the suburban area~ has
determined that it is desirable and to the advantage of the con-
sumers of g~,s in the Vill~age of New Hope that a new franchise
should be granted by said Village to said Company upon the terms
and conditions expressed herein and that the previous franchise
hereinabove referred to should be repealed and all rights and
privileges of the Company thereunder surrendered and cancelled
except as hereinafter provided.
NOW, THEREFORE, THE VILLAGE COUNCIL OF THE VILLAGE OF NEW
HOPE DO ORDAIN AS FOLLOWS:
Section 1. In this ordinance the terms "Municipality",
"Municipal Council" and "Municipal Clerk" shall mean respectively
the Village of New Hope, the Council of the Village of New
Hope .and the Clerk of the Village of New Hope° If at any
-Z-
time the powers of the Municipality, the Municipal Council or the
Municipal Clerk shall be transferred to any other authority, board,
officer or officers, then and in such case such authority, board,
officer or officers shall have the rights, powers and duties here-
in referred to or prescribed for the Municipality, the Municipal
Council and the Municipal Clerk respectively.
The term "Company" shall mean the Minneapolis Gas Company,
its successors~ and"~assigns, and the words "streets and public
places" shall mean the streets, avenues, alleys, parkways, roads,
squares, parks, bridges, viaducts and public places in the
M~nicipality. ·
The term "gas" as used herein shall be held to include
manufactured gas, natural gas, reformed natural gas, a mixture of
natural gas and manufactured gas, or other form of gaseous energy.
The term "one thousand cubic feet" of gas where used in
this ordinance is 1,000 cubic feet of gas measured at temperature
and pressure existing at the point of metering, or, when corrected,
at 60° F and 14.5 pounds per square inch, absolute.
The term "suburban area" shall include the cities of
Bloomington, Columbia Heights, Crystal, Fridley, Hopkins, Robbins-
dale, St. Louis Park and Wayzata; the villages of Brooklyn Center,
Brooklyn Park, Deephaven,~Edina, Excelsior, Golden Valley, Green-
wood, Hilltop, Maple Grove, Minnetonka, Morningside, New Hope,
-3-
Osseo, Plymouth, Richfield, Sto Anthony, ShorewoOd and Woodland;
t_~_c.-tc-~:n_-h±~-~--~d~F-~ai-~c; and the area of Fort Snelling.
Other municipalities or area adjacent to or near the City of
Minneapolis or the "suburban area" may be included in the "suburban
area" for rate-making purposes, subject to the provisions of
Section 1Z. ~
The term "Suburban Rate Authority" shall mean an organiza-
tion consisting of one member appointed by the Municipal Council
of each Municipality in the suburban area adopting this ordinance
and existing for the purpose of administering the rate provisions
of this ordinance. It is empowered to employ consultants and
others and shall adopt such rules, regulations and bylaws as will
enable it properly to perform the functions herein provided for.
Section Z. There is hereby granted to Minneapolis Gas
Company, its successors and assigns, for a period extending to
January 1, 1983, from and after the acceptance of this ordinance
by the Company, and waiver of rights by said Company required by
Section Z7 hereof, and subject to the terms, conditions and limita-
tions herein stated, the right to manufacture, import, transport,
sell and distribute gas for heating, illuminating and other pur-
poses within the limits of the Municipality as the boundaries
thereof now exist or as they may be extended in the future, and
for that purpose to establish the necessary facilities and equipment
-4-
and to maintain a manufacturing plant, gas mains, service pipes
and any other appurtenances necessary to the manufacture, sale
and distribution of gas in and along the streets and public places
of said Municipality, and to do all things which are reasonable,
necessary or customary in the accomplishment, of this objective,
subject, however, to the further provisions of this franchise°
Provided, however, that before said Company shall establish any
plant in said Municipality for the manufacture of gas, the approval
of the Municipal Council of the location thereof, in the exercise
of a reasonable discretion by said Council, shall be first ob-
tained by said COmpany.
If the right or privilege to manufacture~ purchase,
transport, mix, distribute or sell gas in annexed territory, shall
be owned or controlled by the Company at the date of annexation,
said right or privilege shall, from and after the date of annexa-
tion and during the balance of the term hereof, be exercised and
controlled by the provisions of this.ordinanceo The Company agrees
to manage~its plant and operations in a reasonably efficient and
economical manner. The Company also agrees to use due diligence
in the matter o~ the issuance of long-term debt to assure reason-
able cost of such debt, provided, however, that this should not
be construed as requiring, competitive bids' on new debt issues.
Section 3. The company shall charge, demand, collect
and receive just and reasonable rates, charges and compensation
-5-
Section 3
as hereinafter provided° The altering, amending or revising of
any rates made by the Company to obtain compliance with this ordi-
nance shall be by the Suburban Rate Authority. The said Suburban
Rate Authority exists for the purpose of reviewing gas rates made
by the Company and undertaking appropriate action thereon as in
this ordinance authorized.
Nothing in this ordinance shall prevent the power herein
given to the Su'burban Rate Authority to alter, amend or revise
Company ra~es from being hereafter delegated, by law, to some
other governmental authority.
From and after the effective date of this ordinance, the
Company shall charge, demand, collect and receive not to exceed
the following rates for gas supplied to each customer at one
location in the entire suburban area, including the Municipality,
for each month, except as said rates shall be changed or modified
as hereinafter provided, viz:
First 300 cu ft or less $2.00
Next 3,700 cu ft 1o43 per M
Next 26,000 cu ft 1o10 per M
Next 130,000 cu ft 1.00~per M
Next 140,000 cu ft 1o00 per M ~
All over 300,000 cuft °90 per M ~
The rates above specified are called "Block 'Rates".
The rates permitted by this ordinance, except as to natural
gas furnished industrial customers, are for natural gas having a
monthly average total gross heating value of not less than 950
--6--
Section 3
British Thermal Units per cubic foot, and shall continue, subject
to adjustment as herein provided.
Bills shall be rendered at rates permitted by this ordi-
nance; provided, however, that when a bill is not paid within
ten (10) days after a bill is delivered or mailed to a customer,
the Company may charge, demand, collect and receive the amount
thereof plus ten per cent (10~). The Company may require any
consumer of gas to deposit with it a reasonable amount as security
for payment of gas used or to be used by said consumer. The Company
shall pay interest on the deposit at the rate of six per cent
(6%) per annum.
(a). The said rates sh~ll remain in force and effect and
be adjusted from time to time, as hereinafter provided. In order
to avoid undue discrimination between customers the Company may,
at the time specified in this section and subject to review in
the same manner as is provided in said ordinance, adjust the
Block Rates either by changing the number and size of the blocks
or by changing the price variation between the blocks, or both,
or by changing the rate form, by submitting at the time of filing
the adjusted Block Rates material and data supporting the desir-
ability for such change or changes and the reasonableness thereof.
Provided, the Company shall make a rate structure study at least
onCe'in each five years hereafter. Provided, further, that the
-7-
Section 3
Block Rates for any other type of gas furnished in place of
natural gas may be revised by agreement between the Suburban
Rate Authority and the Company~
Nothing herein shall prevent the Company from establish-
ing from time tO time during the term hereof lower rates than
the rates hereby permitted, and, in addition to the rate schedules
contained in this section, from establishing, changing or dis-
continuing load building, inducement or competitive rates, pro-
vided that such rates shall be reasonable for consumers Within
different classes of service and that a lesser rate to one class
of consumers shall not impose an undue burden of cost upon con-
sumers in other classes.
The Company shall have the right to .contract for the sale
of gas for industrial use on an interruptible basis, requiring
the customer to have standby equipment for use upon notice by
the Company. The Company's rules, regulations, schedules or con-
tracts for curtailing interruptible gas service shall be uniform
as applied to each class of interruptible customers°
(b). The Block Rates specified in this section shall re-
main in force and effect until January 31, 1963o In the month
of January, 1963, and thereafter in the month of January of each
year during the remaining period covered by this ordinance, the
Company shall decrease the Block Rates, and may increase the
-8-
Section 3
same, sufficient to permit and enable the.Company to realize
Actual Net Earnings equal to the Allowable Annual Return, as pro-
vided for in Section 4, for each calendar year of said remaining
period.
Increases or decreases in the Block Rates to be made at
or about the end of each of the above mentioned calendar years
shall be based upon forecasts for the ensuing calendar year of
the rates required to permit and enable the Company to realize
Actual Net Earnings during said calendar year sufficient to pro-
duce the Allowable Annual Return plus past unabsorbed deficiencies
therein,'or less past Unabsorbed overages therein, as the case
may be, which may occur after January 1, 1963, under the terms
of this ordinance.
The Company shall file with the Suburban Rate Authority,
on or before January 10 of each year, the aforesaid forecasts,
together~with the Block Rates which are proposed to be effective
on bills rendered after January 31 of that year.
Provided, however, in order to minimize or prevent ex-
cessive fluctuations in the Block Rates, the Company may addi-
tionally once during a calendar year, but not prior to July 15
thereof, adjust the Block Rates in the same manner as provided
above for the adjustment of said Block rates at or about the end
of each calendar year.
-9-
Section 3
In making increases or decreases in the Block Rates here-
under, fractions of one-half (l/Z) cent or more shall be counted
as one cent and fractions of less than one-half (l/Z) cent shall
be disregarded so far as the current period is concerned.
(c). The Company agrees not to make any change in rates
permitted or required by this ordinance either by altering the
classification thereof, or otherwise, until after twenty (Z0)
days' notice of any such change has been given to the Suburban
Rate Authority. Such notice shall be deemed to have been given
when a written statement of any change, or changes, in such rates,
the. company, shall be filed with the Suburban Rate
signed
by
Authority. The Company shall furnish such information, reports
and statements relating to any such changes which may be required
~by the Suburban Rate Authority. Any change in rates made pursuant
to the terms of this ordinance shall be made effective as soon
as practicable after the expiration of each calendar year, sub-
ject to the proviso in Subsection 3(b) o Provided, that before any
rate established by the Company for any new class of consumers
shall become effective, the Company shall give. ten (10) days'
similar notice to the Suburban Rate Authority of the establish-
ment of said rate, which may be altered, amended or revised within
ten (10) days thereafter as in this section provided° The filing
of any notice with the Suburban Rate Authority, as required by
-10-
Section 3
this ordinance, shall be deemed notice to this municipality.
(d). The Company agrees that any change in rates made
by the Company, not in accordance with this ordinance, may be
altered, amended or revised, so as to conform to the provisions
of this ordinance and according to the terms thereof, by an
engineer, auditor or accountant of the Su'burban Rate Authority
duly appointed for such purpose. The engineer, auditor or accoun-
tant so appointed shall be qualified and experienced in public
utility regulatory matters and an employee of the Said Suburban
Rate Authority. Any such alteration, amendment or revision shall
be made by order, stating the reasons therefor, duly served on
the Company within twenty (Z0) days after notice of such proposed
rates shall be given by the Company, as in this ordinance pro-
vided. The Company shall have the right to a prompt hearing 'and
review of such alteration, amendment or revision in the courts
of the State of Minnesota, if proper application is made therefor
within thirty (30) days after notice of such alteration, amend-
ment or revision, and if such hearing and review is applied for,
~hen until such alteration, amendment or revision shall be finally
sustained or altered ~by such courts, the rate made by the Company
shall remain in effect for the period as provided in this ordinance.
At the time of making the application for review the Company shall
fil~ with the Clerk of Court a corporate undertaking requiring it
-11-
Section 3
to refund, rebate or comply with such other relief as said
courts may order. At the hearing provided for herein on the
issue or issues raised by the aforesaid order the court shall
consider all evidence which may be relevant and proper.
(e). The Company agrees that when no change in an exist-
ing rate is proposed at the time of a rate filing, the said Subur-
ban Rate Authority shall have the power to alter, amend or revise
the said existing rate in the manner provided in Subsection 3 (d),
if the said existing rate is not in accordance with the provi-
sions of this ordinance. The right of the Company for court re-
view in such instance shall also be the same as provided in Sub-
section 3 (d) .
(f) The Company shall not charge, demand, collect or re-
ceive a greater or less or different compensation for any service
or similar service rendered, or to be rendered, than the rates
and charges applicable to such service in effect at the time for
consumers in the same class, nor shall the Company refund or remit
in anY manner or by any device any portion of the rates or charges
so specified. The Company Shall not offer, extend to, or accept
from any person or corporation any form of contract or agreement
for service that is not regularly and uniformly applicable to all
persons and corporations receiving the same or like service. The
Company shall not extend, afford or use any rule or regulation,
-lZ-
or any privilege or facility that is not regularly and uniformly
applicable to all persons and corporations receiving service
under the same or like conditions, excePt as provided in Sub-
section 3(a) hereof.
Section 4. It is the purpose of this ordinance to insure
that the consumer shall pay only a fair, just and reasonable rate
and that such rate will permit the Company to make a reasonable
return on the capital investment in the business, as hereinafter
defined in this Section, under an economical and efficient manage-
ment of the same.
(a). As used in this ordinance, "allowable annual return"
shall mean the amount computed by~-~application of the "allowable
rate of return" to the "allowable rate base" as defined in accord-
ance with the provisions of Subsections (b), (c), (d), (e), (f)
and (g).
~. (b). The "allowable rate of return" shall be 6-1/Z%
during calendar years when the Company's average cost of long-term
debt capital at the beginning of the current year is not less than
3-1/Z% nor greater than 4-1/Z%. Long-term debt shall consist of
all debt due over one year after date of issue. The averagei~cost
Of 10ng-term debt shall be the weighted average effective cost of
the outstanding long-term debt at the beginging of the current
year. The effective cost of each debt issue shall be computed
-13-
Section 4
'by dividing the product of the interest rate and principal amount
issued by the net proceeds of the issue. The net proceeds of an
issue shall consist/of the principal amount plus any premiums re-
ceived, less any discounts and issuance expense, and less call
premiums when any refunding of an issue results in a lower effect-
ive cost of debt. Whenever there is a decrease in the Company's
average cost of long-term debt capital below 3-1/Z% or an increase
above 4-1/Z%, the "allowable rate of return" of 6-1/Z% shall be
decreased or increased by 50% of such decrease or increase. There-
after, any contra move in the average cost of long-term debt cap-
ital will required the reverse adjustment in the "allowable rate
of return"° No change in the "allowable rate of return" shall be
made unless the decrease or increase in the average cost of long-
term debt capital shall equal at least 1/10 of one percentage
point, and in no event shall the decrease or increase in the
"allowable rate of return" be other than in multiples of l/Z0 of
one percentage point.
(c). The "allowable rate ~base" shall be the sum of the
"fair value of the suburban area utility plant" used and useful
in the public service as provided in Subsections (d), (e) and (f)
and working C'~tal as provided in Section 5,~less average con-
tri'butions in aid of construction and average cash advances for
construction, as reflected on the Company's books°
-14-
Section 4
(d) The "fair value of the suburban area utility plant"
shall 'be the sum of 5(~/~ of the average original plant cost in-
cluding the current year net additions~, les~s depreciation per
books, computed On a monthly~basis, and~50% of the "reproduction
cost new" plant as defined in Subsections (e) and (f), less depre-
ciation. Depreciation of the "reproduction cost new" plant shall
be computed by the use of the ratio of the book depreciation re-
serve to the original plant gross cost, plus 'three (3) percentage
points.
The 5f~/o weighting of the "reproduction cost new" plant
shall be used as long as the Company's ratio Of debt capital does
not exceed 6f~/o at the 'beginning of the current year. If it ex-
ceeds 6~/o the 5~/o weighting of the "reproduction cost new" plant
will be decreased by one percentage point for every one percentage
point increase in the debt capital ratio above 6~/Oo In such event
the 5(~/o weighting of the original plant cost will be increased by
~'each percentage point that the weighting of "reproduction cost
new" plant is decreased°
(e) o "Reproduction cost new" shall consist of the sum of
the following amounts:
(1) The original cost at the beginning of the
preceding calendar year of all plant classified as
Intangible Plant, Land and Land Rights, and General
-15-
Section 4
Plant, excluding Structures and Improvements.
The original cost at the beginning of the
preceding calendar year of all other plant trended
to reflect the Handy-Whitman Index of Public Utility
Construction Costs (North Central Division) as of
July 1 prior to the current calendar year. Each plant
account shall be trended by use of the following indexes:
Plant Account
Index
Ail Manufactured Gas Produc-
tion Plant excluding Land
and Land Rights
Total Construction and
Equipment (Manufactured
Gas)
Distribution Plant
Structures and Improvements
Mains - Steel
Mains - Cast Iron
~Pumping and Regulating
Equipment
Services
Meters
Meter Installations
House Regulators
House Regulator Installa-
tions
Structures and Improvements
Mains - Steel
Mains - Cast Iron
Mechanical Equipment exclu-
sive of Gas Holders
Services
Meters
Meter Installations
House Regulators
House Regulator Installa-
tions
Other Property on Customers' Structures and Improvements
Premises
General Plant
Structures and Improvements Structures and Improvements
Any new Plant Account.which may hereafter be established
shall be trended in accordance with the appropriate Handy-
Whitman Index.
(3) The original cost of the gross plant additions,
-16-
Section 4
less retirements, installed in the preceding calendar
year.
(4) The original cost of the~:gross plant additions,
less retirements, installed during the current calendar
year averaged on a monthly basis.
(f). At the end of each five-year interval the con-
struction cost trends experienced by the Company since the adop-
tion of this'ordinance shall be compared with the appropriate
Handy-Whitman Index. If, after such comparison, the difference
between the Handy-Whitman costs and the Company's experience is
15%, or less, of the total "reproduction cost new" plant, the
Handy-Whitman Index costs will be used for the succeeding five
years. If the difference exceeds 15%, the parties agree to ad-
just the Handy-Whitman costs to reflect Company experience.
In the event the Handy-whitman Index of Public Utility
Construction Costs (North Central Division), or its successor,
is no longer available, another similar Index mutually agreeable
to the Company and the Suburban Rate Authority will be used.
(g). As used in this ordinance, "Actual Net Earnings"
of the Company shall consist of the balance remaining after deduct-
ing from the gross revenues of the Company from the manufacture,
purchase, mixture, transportation, distribution and sale of gas
sold in the said suburban area during the calendar year of 1963,
Section 4
and each calendar year thereafter, the following operating and
maintenance costs and expenses connected with the manufacture,
purchase, mixture, transportation, distribution and sale of gas
sold in the said suburban area during such calendar periods:
(1) Production Expenses, including cost of purchased
gas;
(Z) Distribution and Utilization Expenses;
(3) Customers' Accounting and Collecting Expenses;
(4) Sales Promotion Expenses;
(5) An item to cover "Administrative and General
Expenses" which shall be the just, fair and reasonable
cost to the Company of all of the sub-accounts that are
included in such Administrative and General Expenses, but
the aggregate of "Administrative Salaries" and "General
Incidental Expenses" classified as in the present practice
of the Company in these accounts shall not exceed in any
cal'endar year three per cent (3%) of the ann~al gross
revenue, including contributions, gratuities and donations
not to exceed three-tenths of one per cent (3/10 of 1%)
of the annual gross revenue.
(6) All taxes and governmental impositions of every
nature actually paid by the Company directly to govern-
mental tax collecting agencies or acc'rued in accordance
Section 4
with general acceptable accounting principles. Any tax
other than an ad valorem tax which may hereafter be law-
fully authorized and thereafter separately imposed by any
municipality shall be added only to the bills of the cus-
tomers within such municipality.
(7) An annual allowance, beginning January 1, 1963,
for depreciation of depreciable property owned by the
Company and used and useful in rendering gas service in
the suburban area for each calendar year during the term
o~ this ordinance of an am~nt designed to recover the
original cost of such depreciable property over the esti-
mated average service-life of each group of property on a
straighti?tine basis, computed by application of the annual
idepreciation rates, now used by the Company in recording
depreciation on the books of the Company to the original
cost of depreciable property included in each of the major
property classifications and properly chargeable to depre-
ciation expenses. Provided, however, such annual deprecia-
tion rates may be revised periodically so as to reflect all
factors bearing on the amount designed to recover the orig-
inal cost of such depreciable property over its estimated
average service-life;
(8) All other actual and proper classes of mainte-
nance and operating expenses of the Company;
Section 4
(9) An item to cover taxes, depreciation and return
on any plant not included in the suburban area Allowable
Rate Base, but which is used and useful in rendering
public service therein. A credit item (deduction from
expenses) to cover taxes, depreciation and return on any
plant included in the suburban area allowable rate base,
but which is properly allocable to rendering service out-
side the suburban area, subject, however, to the provi-
sions of Section 1.
(10) Annual allowance for amortization of extra-
ordinary property losses resulting from change in type
of gas, unusual obsolescence or unforeseen property damage.
Appropriate items may be amortized or accrued according
to accepted accounting practice and, except as otherwise pro-
vided in this ordinance for specific items, the actual experience
of the Company shall 'be the determining factor in support of the
amounts and rates of amortization or accrual for such items, as
such experience gives a definite guide.
All expense items, whether charged directly and entirely
in a calendar year or amortized or accrued over a longer period,
all revenue items and all balance sheet items shall be, at all
times., recorded by the Company in substantial accordance with
the Uniform System of Accounts for Gas Utilities of the National
-Z0-
Association of Railroad and Utility Commissioners, except as
otherwise provided in this ordinance and except that installment
and carrying charges will be credited to gross merchandise sales.
The allocation of the Company's operating expenses and
Plant within and without the suburban area shall be made by the
Company in accordance with a formula that reasonably reflects the
costs as they occur for rendering service within and without the
said area. Any change in such formula made in any rate filing
will be specifically referred to in a separate communication
filed with the Suburban Rate Authority at the time of the rate
filing. ~
When there is a balance in the account for cumulative
overage in excess of the allowable return, such balance shall be
credited with interest computed at the current prime interest
rate. Net refunds (after taxes) from any supplier shall be
credited to such account. Overages in such account may be used,
by mutual agreement, in such manner as will minimize or prevent
violent fluctuations in rates, notwithstanding the provisions of
Subsection 3 (b) .
Section 5 o The Company shall be entitled to fair and
adequate working capital in an amount determined as follows:
As used in this ordinance, "working capital" shall mean
an amount applicable to the suburban area for the calendar year
-Z1-
of 1963, and for each calendar year thereafter, equal to the
annual average funds invested by the Company during such calendar
years in materials and supplies on hand, merchandise accounts
receivable, prepayments and deferred charges properly chargeable
to operations, plus a cash fund equal to ten (10) days' average
daily operating expenses and taxes, plus one-eighth (1/8) of the
annual operating expenses and taxes, less credits for the annual
average of accrued taxes and purchased gas accounts payable°
The working capital computed in accordance with the fore-
going formula shall be included in the allowable rate base as pro-
~e~ in Subsection 4(c).
Section 6. The Company shall file with the Suburban Rate
Authority printed schedules which shall be kept open for public
inspection, showing all rates, charges, compensation, forms of
contracts or agreements made, established or enforced or to be
enforced with customers in the suburban area, together with all
rules and regulations relating to rates, charges or services
rendered or to be rendered and all privileges allowed and facil-
ities afforded by the Company to its customers in the suburban
area. The Suburban Rate Authority shall have the right at any
reasonable time to inspect, examine and audit the accounts, books,
records, reports, contracts, documents and papers of the Company°
The said Suburban Rate Authority may appoint or designate the
person or persons to make such inspection, examination or audit°
Section 7. The Company shall at all times keep~ maintain
and preserve for the suburban area proper and accurate engineer-
ing, accounting, financial and statistical records, relating to
the construction, cost, maintenance and operation of its property
which at all times shall show correctly and in detail all its
financial transactions, including all of its receipts and dis-
bursements and the particulars thereof, and all data needful for
the preparation of the statements and reports hereinafter provided
for.
The Company shaI'l, each month, prepare and file with the
Suburban Rate Authority the following:
(a) A detailed statement of all assets and liabilities
of the Company as of the close of the preceding month;
(b) A detailed statement showing source and application
of revenues of the Company from the sale of gas and of by-products
and from all other sources for the preceding month and year, up
to and including the preceding month; also all expenditures of
the Company during said year; all dividends and interest paid;
the cost of all materials used in the manufacture of gas, all
operating expenses, taxes and salaries; the cost of all repairs
and of all property, real or personal, by it purchased, acquired,
constructed or installed; said statements shall be so prepared as
-).3-
to show the net income of the Company from its regular business
and from all other sources and the use or disposition of said
income.
The Company shall also, from time to time, furnish monthly
operating and financial reports and such other information, re-
ports and statements regarding its property and business, and
the conduct thereof, as the Suburban Rate Authority may require°
All information, reports and statements furnished to the Suburban
Rate Authority by the Company shall be certified by the President,
Secretary or other proper officer of the Company.
Section 8. The provisions of this ordinance relative to
allowable annual return, allowable rate of return, allowable
rate base and accruing annual depreciation rates fixed under the
provisions hereof and other requirements shall be considered as
conditions hereof, but no such provisions, nor any matter, fact
or thing herein contained shall be construed as an admission
either by the Municipality or the Company in connection with any
proceeding for the acquisition of the Company's property, or any
part thereof, under eminent domain or condemnation proceedings, or
in connection with any proceeding for the valuation of the Company's
property, or any part thereof, during or after the termination
hereof, or in connection with any proceeding for the fixing of
rates after the termination hereof, to any of which proceedings
the Municipality shall be a party.
-Z4-
Section 9. In determining "allowable annual return",
"allowable rate of return" and '~allowable rate base" under
Section 4 hereof, the books and records of the Company, and its
predecessors, made and kept prior to the passage of this ordi-
nance, shall be used insofar as necessary in applying said
Section 4o
Section 10o The books of account shall contain an ac-
count that may be designated as "Reserve for Depreciation of
Utility Plant", or similar term, which shall show at all times
as nearly as may be the unexpended or unused balance of accumulated
charges to operating expenses on account of depreciation, ~replace-
ments, renewals or retirements. When any property is abandoned
or removed, withdrawn, retired from, or is not used and useful
in the public service for any cause, the actual original cost
shall be credited to the appropriate capital account, and such
amount plus the cost incidental to said abandonment~ removal~
withdrawal or retirement shall be charged to said reserve, sub-
ject, however, to the provisions of the following paragraph° The
salvage value received and any other amounts recovered from said
property shall be credited to said reserve°
When a ~ubstantial segment of the Company's utility property
is required to be abandoned and retired from service because of
change of type of gas, or unusual obsolescence, or unforeseen
-Z5-
property damage and such property zs not fully covere~ Dy the
depreciation reserve or other reserves or by insurance then the
unrecovered balance of such property shall be credited to the de-
preciation reserve or other appropriate reserve and be charged to
a deferred charge account designated as "Extraordinary Property
Losses". Charges to said deferred charge account shall be amor-
tized by charges to operating expenses as provided for in Section 4.
If the original cost is not shown by the books and records
of the Company or its predecessors, such amount shall be estimated
and a record shall be made by the Company showing the facts upon
which said estimate was based, the manner in which it was deter-
mined and the person by whom it was made, and said estimated
amount, together with removal costs and salvage value, or other
amounts received or recovered from said property, shall be ac-
counted for in the manner as hereinabove provided.
Section 11. The Company shall at all times keep, main-
tain and preserve all the books, records and accounts of the
Minneapolis Gas Light Company, a corporation organized under the
laws of the State of Minnesota, and the Minneapolis Gas Light
Company., a corporation organized under the laws of the State of
Delaware, the predecessors of the Company, and such books, records
and accounts shall at all reasonable times be open to inspection
and examination by the Suburban Rate Authority, as provided in
Section 6, in respect to the books, records and accounts of the
Company.
The Company shall set up, keep and maintain at all times
at its general offices, accurate books of account, showing among
other things as nearly as may be the actual original cost of the
property owned by the Company within the suburban area° For this
purpose, the books and records of the predecessor companies
(Minneapolis Gas Light Company of Minnesota and Minneapolis Gas
Lig~ Company~ of Delaware) may 'be used without prejudice to the
Suburban Rate Authority in any proceeding where the actual original
cost. may be an issue. All property added shall be entered on the
~books at its actual original cost.
Section lZ. The Company agrees to lay such of its mains
and pipes as come within its requirements for service as soon as
reasonably possible to do so. The Company shall give reasonable
notice to the municipal engineer of plans to lay mains in any part
of the Municipality. The laying of such mains shall not unduly
interfere with established municipal planning. Extensions of serv-
ice beyond the borders of the suburban area as herein defined shall
not collectively cast any undue burden on the customers in said
suburban area.
Section 13. The council of the Municipality shall have the
right to make such reasonable rules and regulations as may be
necessary to provide adequate and proper service° The Munici-
pality shall have the power to provide for the inspection, examina-
tion and ascertainment of the accuracy of any and all gas meters
used or intended to be used for measuring and ascertaining the
quantity of gas supplied by the Company and to inspect, examine
and ascertain the accuracy of recording pressure gauges and of
all apparatus for testing and proving the accuracy of gas meters.
Section 14. The Company shall not open or disturb the
surface of any street or public place for any purpose without
first having obtained a permit so to do from the proper Municipal
officials, for which permit the Municipality may impose a reason-
able fee to 'be paid by the Company° The mains, services and other
property placed in the streets and public places pursuant to such
permit shall be located in the streets or portion of the streets
and public places as shall be designated by the Municipality.
The Company shall, upon completion of any work requiring the open-
ing of any street or public place, restore the same, including the
paving and its foundations, to as good condition as formerly, and
shall exercise reasonable care to maintain the same for two
years thereafter in good condition. Said work shall be performed
with due diligenqe and if the Company shall fail promptly to
perform and complete the work, to remove all dirt and rubbish and
to put the street or public place in good condition, the
Municipality shall have the right to put ~he street or public
place in good condition at the expense of the Company; and the
Company shall, upon demand, pay to the Municipality the cost of
such work done for or performed 'by the Municipality, together
with ten per cent (1~) additional as liquidated damages. Not-
.~i~ithstanding the foregoing provisions of this section, the
~C~ny ~ay Open and disturb the surface of any street without
a permi~Where an emergency exists requiring the immediate repair
of a gas main or gas service° The Company in such event will re-
quest a permit not later than the second working day thereafte~'o
Section 15. Whenever the Municipality shall grade, regrade
or change the line of any street or public place or construct or
reconStruct'~ny.~er-or water system therein and shall, in the
proper exercise of its police power, and with due regard to
seasonable working conditions, order the Company to relocate
permanently its mains, services and other property located in
said street Or public place, the Company shall relocate its facil-
ities at its own expense. In construing this paragraph, the ob-
¢
ligation of the ~ Company to relocate its facilities shall be as
applicable to 'water systems as it is to sewer systems. The Munic-
ipality shall give the Company reasonable notice of plans to grade,
~regrade~. or ~e the line of any street or public place 0'r..~ to
qonstruct or reconstruct any sewer or water system therein.
-2~-
The Company may be required to relocate its facilities at
its own expense where grade changes are made by the Municipality
for improved drainage or improved traffic conditions0 provided,
however0 if a subsequent relocation or relocations shall be ordered
wi~thin ~en years from and after the first relocation the M~nici-
pality shall reimburse the Company for such non-betterment reloca-
tion expense which the Company may incur on a time and material
basis° Provided, however, nothing in this ordinance contained
J~Shall deprive the Company of its rights under Section 161o46~
Minnesota Statutes°
Nothing contained in this section shall require the
Company to remove and replace its mains or to cut and reconnect
its service pipe running from the main to the customer°s premises
at its own expense where the removal and replacement or cutting
and reconnecting is made for the purpose of a more expeditious
operation for the construction or reconstruction of said sewer or
water,,system; nor shall anything contained herein relieve any
person, persons or corporations from liability arising out of the
failure to exercise reasonable care to avoid injuring the Companyas
facilities while performing any work connected with grading, re-
grading or changing the line of any street or p'ublic place or
with ~he constr~action or reconstruction of any sewer or water
·
system o
-30-
Where the Municipality orders the Company to relocate any
of its facilities, the Company shall proceed with such reloca-
tion. If such relocation is done without an agreement first being
made as to who shall pay for the relocation cost, such relocation
of the facilities by the Company shall not be construed as a
waiver of its right to 'be reimbursed for the relocation cost.
If the Company claims that it should be reimbursed for such re-
location costs, it shall notify the Municipality within ten (10)
days after receipt of such order.
Section 16. The Municipality shall give the Company reason-
able written notice of plans for street improvements where paving
or resurfacing of a permanent nature is involved, which notice
shall contain the nature and character of the improvements, the
streets upon which the improvements are to 'be made, the extent of
the improvements and the time when the Municipality is going to
start the work, and, if more than one street is involved, the order
.in which this work is to proceed. Paving or resurfacing of a perma-
nent nature refers only to Portland cement concrete or high type
bituminous concrete.
The notice shall 'be given to the Company a sUfficient length
of time, considering seasona'ble working conditions, in advance of
the actual commencement of the work to permit the Company to make
any ~additions, alterations or repairs to its facilities deemed
~necessary by it.
In cases where streets are at final width and grade, and·
the Municipality has installed underground sewer or water mains
and service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets, and
the Company's main is located under such street, the.Company may
· be required to install gas service connections prior to such
paving or resur~acing, whenever it is apparent that gas service
will b~ required during the five years following the paving or
? resurfacing.
Section 17. All mains, services, governors and other
property and facilities shall be so located, constructed, installed
and maintained as not to endanger or unnecessarily interfere with
the usual and customary trade, traffic and travel upon the streets
and public places of the Municipality. The Company shall keep
and maintain all of its property in good condition, order and re-
pair, so that the same shall not menace or endanger the life or
property of any person. The Municipality shall have the right to
~nspect and examine at any reasonable time the property owned or
used, in part or in whole, by the Company for the purpose of manu-
facturing, distributing, furnishing or selling gas in the suburban
area.
Section 18. The Company agrees to pay to the Suburban Rate
Authority, effective January 1, 1963, not less than $30,000.00 per
-3Z-
year to 'be allowed as an operating expense to the Company and
which shall be used to secure compliance with this ordinance, and
for such other purposes relating to the Company's purchased gas
costs and gas supply as the Suburban Rate Authority shall deem
necessary.,~The amount of such annual payment shall be subject to
possible revision by the Suburban Rate Authority and the Company,
not oftener than once in five (5) years, if mutually agreed to.
Section 19. The Company shall at all times provide and
fur.,nisli an adequate safe and continuous supply of gas to the
Municipality and its inhabitants, subject, however, to the further
provisions of this section. The Company sells and distributes
gas throughout its entire distribution system. The natural gas
distributed by the Company is furnished by the pipeline system
owned and operated 'by Northern Natural Gas Company, a "natural
gas company" under the Federal Natural Gas Act, which subjects
said Northern Natural Gas Company to the jurisdiction of the
Federal Power Commission°
The Company shall not be liable to the Municipality or
its inhabitants~ nor shall the Municipality, or any inhabitant
who is,a customer of the Company, be lia'ble to the Company here-
under by reason of the failure of the Company to deliver, or of
the Municipality or a customer to receive, natural gas as a re-
sult of acts of God, or the public enemy, inability of pipeline
-33-
supplier to furnish an adequate supply due to an emergency, an
order or decision of a public regulatory body or other acts
beyond the control of the party affected°
Whenever any of the occurrences named above take place,
the Company shall have the right and authority and it shall be
its 'duty to adopt reasonable rules and regulations in connection
with limiting, curtailing or allocating extensions of service or
supply of gas to any customer or prospective customer, and with-
holding the supplying of gas to new customers, provided that such
rules and regulations shall 'be uniform as applied to each class
of customers; classifications of customers shall be reasonable
and shall be nondiscriminatory as between municipalities in the
suburban area.
If service is temporarily suspended because of any of the
reasons set forth above, occurring through no fault or negligent
act on the part of the Company~ such suspension shall not be made
the 'basis of any action or proceeding to terminate this franchise.
The quality of the gas sold in the suburban area shall be the same
as that sold to the Company's customers in th'e City of Minneapolis.
The pressure at which gas is supplied and the method and
manner of testing the heating value, quality, purity and pressure
of the gas supplied, shall be in accordance with accepted national
standards.
-34-
Section Z0o The Company shall indemnify keep and hold
the Municipality free and harmless from liability on account of
injury or damage to persons or property growing out of the negli-
gent construction, maintenance, repair and operation of its prop-
erty, and in the event that suit shall be brought against the
Municipality either independently or jointly with the Company on
account thereof~ the Company, upon notice to it by the Munici-
pality, shall defend the Municipality in any suit at the cost of
the Company, and in event of a final judgment being obtained
against the Municipality, either independently or jointly with
the Company, the Company shall pay such judgment with all costs
and hold the Municipality harmless therefrom°
Section Zlo Nothing herein shall be construed to limit
the right of the Municipality to acquire the property of the
Company under any act of the legislat'~re now or hereafter exist-
ing, nor under any provisions of law now existing or hereafter
adopted. In the event the Municipality should desire to acquire
the property of the Company by the exercise of eminent domain, as
herein set forth, the Company agrees that its value for the pur-
pose of such acquisition shall not include any amount for the
value of any right, privilege~ franchise or grant from the State
of Minnesota or the Municipality, for good will~ or for future
profits~ and that in determining said value no regard shall be
-35-
had to the amounts of stocks, bonds and other obligations of the
Company.
Section ZZ. The rights and privileges hereby granted
are not exclusive and the Municipality expressly reserves the
right to grant like rights and privileges to other persons or
corporations.
Section Z3. If the Company shall be in default in the
performance of any of the material terms and conditions of this
ordinance and shall continue in default for more than ninety (90)
days after receiving notice from the Municipality of such default,
the Municipal Council may, 'by ordinance duly passed and adopted,
terminate all rights granted under this ordinance to the Company.
The-~said notice of default shall 'be in writing and shall specify
the provisions of this ordinance in the performance of which it
is claimed that the Company is in default. Such notice shall be
served in the manner provided by the laws of Minnesota for the
service of a summons ,and complaint in a civil action. The reason-
ableness of any ordinance so passed declaring a forfeiture of the
rights and privileges granted by this franchise ordinance shall-be
subject to review by a court of competent jurisdiction.
S~ction Z4. Any change of the form of government of the
Municipality as authorized by the State of Minnesota shall not
affect the validity of this franchise. Any municipal corporation
-36-
succeeding the Municipality shall, without the consent of the
Company, succeed to all the right's and obligations of the Munic-
ipality provided in this franchise.
Section Z5. Except as herein otherwise specifically
provided, whenever notice is to be given to the Company, such
notice in writing, addressed to the President, Vice President,
Secretary or Treasurer of the Company and delivered at the
Minneapolis office of the Company shall be service of such
notice; and whenever notice is to be given to the Municipality,
such notice, in writing, addressed to the Municipal Clerk and
d~livered at his office, shall be service of such notice; and
whenever notice is to be.given to the Suburban Rate Authority,
such'notice in writing, addressed to such Suburban Rate Author-
ity and delivered to its office or to one of the members of its
governing body, shall be service of such notice°
Section-Z6. An ordinance entitled "Granting to
Minneapolis Gas Light Company, its successors and assigns, the
right to manufacture, import, transport, sell and distribute
gas for heating, illuminating and other purposes in the Village
of New Hope and to use the streets, avenues and alleys thereof
for that purpose", ~passed on the 10th day of December, 1953~ is
hereby repealed.
Section 27. This ordinance shall be null and void unless
the Company shall, after the publication thereof and prior to
April 1, 1963, file with the Municipal Clerk a written accep-
tance of the same and an agreement on its part, signed and acknowl-
edged in its behalf under its corporate seal by its duly authorized
officers, to surrender all rights and privileges under the ordi-
nance described in Section 26, and to comply with, abide by, keep
and perform all of the telrms, conditions and requirements herein
contained upon its part to be complied with or 'performed, and
that the Company will not contest the validity of this ordinance
or of any rate or rates which are in accordance with the terms
hereof, except as herein expressly provided°
Section 28. The expense of the publication of this ordi-
nance shall be paid by the Company.
Section 29. .If this ordinance is not adopted by March 1,
1963, by municipalities in which 66-2/3% of the customers of the
Company in the su'bur'ban area are located, the Municipal Council
may revoke the same° The Company agrees to file with the Municipal
Clerk on or before March 15, 1963, a sworn statement showing
the total number of customers in the suburban area and the total
number of customers in municipalities in which the ordinance has
been adopted. If this ordinance is revoked the provisions of this
ordinance shall be without prejudice to either party in any subse-
quent proceeding.
-38-
Section 30o Three years after .'January 1~ 1963~ either
the Company or the Suburban Rate Authority may request a review
of the question of whether the rate formula contained in Sections
4 and 5 accomplishes the purpose expressed in the first sentence
of Section 4~ Such review may be initiated by making a written
request therefor to the other party during the month of January,
1966o Thereupon~ the Suburban Rate Authority and the Company
shall review and discuss such question with each other~ thoroughly
and in good faith~ for a period not to exceed six months° Any
change in said rate formula shall be prospective in operation
only and shall be made 'by amendment to Sections 4 or 5o Any
such amendment to be effective must be adopted before December i t
1966, by municipalities in which 66-Z/3% of the customers of the
Company in the suburban area are located and accepted in writing
by the Company in the form provided in Section 27 prior to
January 1, 1967o In the absence of any such amendment~ so adopted
and accepted, the rate formula contained in Sections 4 and 5 shall
be and remain in effect during the balance of the term of this
franchise o
Section 31o If any sectiont paragraph~ s~bdivision~ clause
or provision of this ordinance shall be adjudged invalid or uncon-
stitutional, the same shall not affect the validity of this ordi-
nance as a whole, or any part or provision, other than the part so
-39-
decided to 'be invalid or unconstitutional°
Section 3Zo This ordinance shall take effect and be in
force from and after January 1, 1963~ and after its publication
and its acceptance by the Company subject to the provisions of
Section Z9o
Passed the ~?~ day of ~~Y , 19~o
Mayor
ATTE ST:
-40-
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNEPIN
C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
helen President of The Post Publishing Co., the publishers of the newspaper known as THE NORTH
HENIqEPIN POST, and has full knowledge of the fact~ herein stated; that for more than one year
prier to the l~ublication therein of e ................... ~ ........
~ ~ ~ -- / ~ ..................... hereto attached, said newspaper was
,printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday
of each week; that durina all said time the following conclitions have existed:
Said newspaper has been printed in the English language from its known office of publication within
the village from which it purports to be issued as above stated in column and sheet form equivalent in space
to at least 450 running inches of single column, two inches wide; it has been issued once each week from a
known office established in such place for publication a~d equipped with skilled workmen and necessary
material for preparing and printing the same; the press work thereon bas been done in its known office of
publication; in its :makeup not less than twenty-five per cent of its news column has been devoted to local
news of interest to the community which it purports to serve; it has contained general news, comment and
miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat-
ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
extent of at least two hundred and forty (9.40) copies regularly delivered to paying subscribers; it has had
entry as Second class matter in its local postoffice;,.,1,1,1~s .file,d a c~o. py of' ~,ach~issue wi,~h,t, he S~te**Histor. i-
cai Society in St. Paul; and there has been on rtte In the office oz ~ue county 2tuattor oz i~ennepm
Couni2y, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its qualifications as a legal
newspaper.
That the legal or official matter heretO attached was cut from the columns Of said newspaper, and was
printed and published therein in the English language once each week, for ..... ........ / .successive weeks;
'['hat d on Thursday, the ................ Zf..~. ......................... day of
e 19--ff~-.~-, thereafter of each week to and
and
on
Thursday
including tl~e .......... : ......................... day of ............................ 19 ...... , im~
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged asbeing tlm size and kind of type used in the composition and publication of said legal or
ol~iclal matter, to-wit:
abcdefghij klmnopqrstuvwxyz--5-pt. Oldst yle
abcdefghij klmnopqrstuvwxyz--6-pt. Devinne
abcdef ghij klmnopqrstuvwxyz~71~ -pt. Excelsior
abcdefghijklmnopqrsiuvwxTz---7~/a Memphis Bold
e f) and (g) aud average cash
t 90 per M (d), (), ( · turn" as reflected on~the
m----~m'~'~', e~ . ~ Ali over 300,000 cu. f...:.~. ,__ -~qe~ th). The "allowable ram of re .
~A~ ~ ,~ ~' The rates above specmea ~ -~, ~2. h. 6~ fluting ca!~dar years wn~
~ . ~ Tae rates permitted py ~s=~5~.~;t ~ebt c~pital at the beginning of_,th~
~ ........ ~a~ >f ~ot less ~ 959 ~ri~? -' - sublect[after date of issue The average cost
~ ~1~ ~ ~ ~ll~m~' ncr cubic f~t, and sn~t co .- -' [~ .*~m doht ~h~l be the weighted average
den ~'~ 2~a~ ~ ~'B- [~ adjustment ~ h~re~ ~rov}aea2 ...... al~h~'&~X-;f the outstanding long-term
so~ O~I~ ~ ~*r~ -- ___. Bills shall be rendered .at rares ~,,,.,~. t ..... ~- ~innin~ of the current year.
~O~TION ORGANIZED U~' by this ordinance; provided, how~er, maz acm ar ..... ~ ~ .
' ithin ten (10)~The effective cost of each debt ~ssue shall
~IO~ TO ~ T~ BW~,~I~ p~y may require any consp~er oz ~s ~/ .... ;~e~ less any discounts and issuance[
~'~- ~* ~ ~.~C~ I~ T~ deport with it s reaspnaam am~Um ~l[FF~22L' ~d less call.pr&m4ums when anyl
~ security P.Y lundin o~ ~ tssue res
I~'~D ..... . (a). T~e .~ .... a:u ted from or an incre~e above 4 ~2 ~o, . .....
~ ~ ~ ~ ~1~' ~orce and etxect ~u vy ~ s... . ...... , return" of 6%qo sn~l ac.
t~me ~ ~me, s .... d or increased by 50~
' T~B F~CILITIES v id undue dmcmm~Uon be- crea~ cant
LINE8 ~D O ....... .o order to ~ o .h~ Com~y may at crease or incre~e. Thereapef, ~J-m de
~fl~ IH~ M~GIO~, ~io- tween custo~s, S-~*his s~fion and 'sub- move in the average cos3 az mng-te-~:u
----" -~-~' ~ ~.~ ~S time ~ctn~a m ~ · will required the reverse auj
T~BUTION ~ ~ u~ ~ , w m the same manner as in ~he "allowable rate of retur~
SUBJE~ TO CERTAIN TERMS in s~d ordin~ce, change in the "~lowable rate
AND CONDITIONS, AND PRE- Rates either' n" shall be made ~nless the decrease
bet ~d size of the
SCRIBING T~ ~TES TO BE ~e price variation between the or increase in the' average cost of 16na-
both or by changing the rate /orm, tern debt capital sh~l equal at least
CHARGED ~BEFOB, ~-N ~ submitting at the time of filing the of one percentage point, and in no
~EPEALIHG ALL OHDINANC~, Bloc~ Rates materiM and dam the decre~e or increase
OR pARTS OF ORDINANCe, the desirability for such chang,
the reasonableness hah in multiples of 1/20 of one percentage
INCONSISTENT HEHEWITH. shall make a rate structure
once in each five years The "~lowable rate base" shatl
Provided, further, that the of the "fair value of the
Village ~ew Hope for any other type of area utility pl~t" used and
public settee as provide~ in
,ce of natural gas m s (d), (e) and (f) and working
"Whereas, the ~ipne~poh~?~h~C~n~ by agreement bet .... th: i Rate
cor okation orgamzea unu .... Authority ~d the Company. capit~ as provided in Section 5, less aver-
a ~ . ~-, .~ ~wns vrope~ty usec Nothing herein shall prevent the Cam- age contributions in aid of. construction
the 5ta~e or ~,aw~, ;_. ~ ~i~, ributlo~
~a.a~!vl ~ the ~a?[[ac~}[~[~ ~,}f Ne~ Pm~Y from establishing from time to time
~'s~e at gas m .~- ,. o . durin~ the term hereof lower rates than
3i~ufactured Gas Produdtion Plant
~' and ia operating said prat erty .a~ the rates hereby permitted, ~d, in addition PLANT ACCOUNT
~ :7~illage; and Land ~d Land Rights.
section, from es~bllshing, changing or dis- Pl~t
~ ,-f~ ~hereas, the Village Coun~l of the to the rate schedules contained in this
Village of New on the 10th day of continuing load building, inducement
~ S held ~o= Osseo LeHo7 V. Nors~ed, supe~iniendenl of schools. The ~,p[& leuff ~ aae ~laaals *.~aq~ sasuo ~1
mrenis are, left Parenis Night will be held Tuesday, Jam 22, p~m**p s*~Rp~J s~ m s~ed*.i ao ~uol,e~*;F
[gh school pr/n- 7:45 p.m. in the Osseo high school audiiorium. 'saop!pp~ ~u~ ~em al Xueamo5 ~q~
o~ ~o& ~ ~o ;u~moou~mmoo l~nt~e
ii Hold
ior High Wi ...... .....
. A . . ~ ~ .
" oq~ 's~u*m~o~cim~ ~q~ ~o ~eqo pu~
The progrm ~1~ open with a,gr~ms, will have counselors avail- .~u aq] u~e~uo, ii~qs aoBoa qa~q~ 'paxio~
[generaI assembly ~n ~he sen[orlabte to consult wi~ any who wish .m ~ ~zm,u ,u,u~mz,a ~ ~o
~high audito~, where principal~to see them for general informa- ~o'~m;m. um, u~ olq~uos~z xu~dmoD ~q,
lLowell D. Fame and superinten-l}[on. -,~p~o q,ns to
has determined that it zs desirable and f4
the advantage of the consumers of gas iff pas~nqm]ax aq pinoqs ;[ ;~ql s~[o, ~ued
....... r t& b-' said Villa-~ ~ l- z aq o~ ~q~u s~z ~o aanm~ e s~
. ' -uoa aq ;ou [l~qs ~u~dmo * ~ ~
to smd Comply upon the terms and con D q q ... }
ditions expresse~ nere~n and ma~ tm ~0~.~, ~,- ~.t~ ......... - -
' pr.vious franchise hereinabove referrea t, - .... "2 .... _~ ' ~]~s oq~ o* s~ ap~m Ju~oq ;sa[~
~hould be repealed and all righ~ and pagp~i~tou~oe pu~ p~s ';.;ea s;~ ua ;uam - a ~ ;noq;~ ouop s~ uoB~oolo~ q~ns JI
~ ~ ~ ~ ~ ~x~* ~ herein [:,u~ ~ ~ID [edmmn~ ~ ~ua *[~t '~9611 I* ~ *q*~ **~ ~o Xu~ a,eaoi*~ o,
~OW THEREFORE T~E VILLAGE ~xal~e 'I[~qs Sub,moD aq~ ss*[un p]o~ pu~
CO~*x* ' ' ' LAGE OF NEW tlInu aq [ieqs *~mpao suiL 'g~ uo~,aa8 ~**un~ ~o ua~tas ~u~ jo umlan~lsuoa~a ao
..... CIL OF T~E ~,IL ' ' ' ' ' ~ s ' ' ' '
....... ~ AIN iS FOLLOWS' ~ -anal uae oql Ult~ ~o o3em 3tlqnd aa laoz s
~ -*'~ ~ In this etd nance the terms pa ~daa Xq~aaq sz g~6[ a q ~ J Kt~ ~o ~m ~ ~ ~u~ue ~ ~o ~ul e~ P~'
~e~a~n .. ' ' ' ~ o .I q . q .P -
~e t ;OI ~ ; uo asse~ osod~nu ; q; a
. "~Iunicipali~", "Municipal Council" a~ ] ~ I x % u p aa~ 's aa: s * - ;s~ '~u~p~a q;~ palaau~a '~:o~ <ge
the Village of New Hope and the Clerk']a'q*y.~' ..... Beu}~u~+'-hd~ ';m-;~' gq; 1o ;no au~slae ~R}qeH ma~ ....
of the Village of New ~ope. Ii at any i'[z~?, ~tm [las .;.o,.~,~tm ~aos~a~n~ -aaa aa su~a~ 'uma~d Xu~ *~ati~a
' ~ .u ........ f the Munici-Mitv the ~-nu~ ~1 *tI~Z~ ~tl+ ~ v - pam~uoo ~ut *Xue s aou ~¢ L~' ao
~11 h~ trnn~ferred to any other authority [-;u~aO,, p~ll~u~ oaueu~pao uy 9[ u°tl~aS an~lsuoa ati; aa' UOll~iO~O snot t ~ ~ '
- ........ ' ' ' 'o~--~,- ' - J -
' ' Bold, officer or officers, then 5. . ,I ............. s ...... s ,X~o- ~muaa _ _ _ } p~m s} ~u!
case such authority, board, ofncer or at-il q°~L* ~o ~ot .... ~ it*~ aa-~ao a~v-o pue ~Ull;na ao lu~ma~eidox pu~ ~
· fiesta' shall have the rights, p ....... all ..... ;, ~o ~ *qh?~o--~ 5 .... &~, *~*q~ *~*d.~ u~o ~,, ~
~' d~ies herein referred to or prescribed for[Is · P .[ v ~ -]--ff ~-Y-~ [~t%~-~] -olsno ~q; o] u~em ~q,' moz~ :rum
~e '~lunicipality, the Nlunicipal Council a~d[l:~3?p~.~f~~ ~ff~.g~¢'~,,. d~ ~ *o~*~ ~;~ ;*..~O00~ r~ ~o O* ~6
~inneapolis Gas Compauy, its successorst[a~} ...... l[-~ --;~ -* * ''''
' nd the words stree~ ~d~iaIO I~d[o}un~ ~
shall mean the streets ]]Ri ~a!lou
~lic places" ' o o S~ ~
s alles arkways roads squares }/ ,q
~7~ ~.~2~' ~L ..... ~.a ~,&;~ .~;,,~o ~