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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 ~