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1960 ORD
CHAPTER 23B ORDINANCE NO. 60-1 AN ORDINANCE ESTABLISHING CHARGE B FOR THE CONNECTION OF CERTAIN BUILDING SEWERS TO THE PUBLIC SEWER, OF THE VILLAGE OF NEW HOPE, SUPPLEMENTING THE CHARGES OF THE SEWE~ CON- NECTION ORDINANCE. Section 1. Definitions. The definitions contained in Chapter 21, Ordinance 57-17 and Chapter 22, Ordinance 57-18 of the Village of New Hope, shall apply to the usage of the same terms in this ordinance. Section 2. Sewer Connection Permit Charge B. A fee, hereinafter designated as Charge B, shall be paid for the issuance of the sewer connection permit to supply sewer service to premises within the following described areas: 1. That part of the village lying North of 42nd Avenue North. 2. That part of Section 7, Township 118, Range 21, lying South of 42nd Avenue North. 3. Section 18, Township 118, Range 21 except the Southeast one quarter (SE%) of the Northeast one quarter (NE%) thereof. 4. The North one-half of the North one-half of Section 19, Township 118, Range 21. The North 660 feet of the West 660 feet of the Northwest one quarter (~CW%) of the Northwest one quarter (NW%) of Section 20, Township 118, Range 21. The West 165 feet of the Northwest one quarter (NW%) of the Southwest one quarter (SW%) of Section 17, Township 118, Range 21. Charge B, provided in this section, shall be paid in addition to the inspection fee provided in the "Sewer Ordinance in the Village of New Hope" and the sewer connection permit charge provided in "The Sewer Connec.~_ion Ordinance." Section 3. Determination of Amount of Charge B. Pursuant to Minnesota Statutes, Section 444.075, Charge B shall be fixed by reference to the portion of the cost for Sewer Improvement No. 7 which has been paid by assessment of the premises to be connected in comparison with the amount paid by assessmeuf for Sewer I~provement No. 7 by those premises in the village outside the areas as stated in Section 2 of this Ordinance. Charge B shall be the sum of an amount (hereinafter called the "Primary Amount") equal to the amount, pursuant to Resolution dopting and Confirming Assessments for Sanitary Sewer Improve- ment No. 7, dated October 9th, 1958, assessed (against the premises to be connected) for Sewer Improvement No. 7 and interest on said Primary Amount from October 9th, 1958, said interest determined according to the method of payment of Charge B selected by the applicant, as permitted by Section 4 of this Ordinance. Section 4. Method of Payment of Charge B. Charge B may, at the election of the applicant for the permit, unless not allowed by subsection c of this section, be paid by either of the following methods: Full Payment Method. At the time the application is filed with the Village Clerk, Charge'B may be fully paid. If full payment is elected, interest on the primary amount shall be at 6% per annum thereon from October 9, 1958 to December 31st in the year in which payment is made. b® Installment Method. At the time the application is filed with the Village Clerk, applicant may upon written request, elect to pay Charge B by installment payments. If the in- stallment method is elected, applicant shall pay said Charge B as follows: (1) The sum of installments due at date application filed, determined on the basis of the primary amount being payable in 30 equal annual installments with the 30 year period running from january 1, 1959 to January 1, 1989, inclusive, and (2) The sum of interest payment due at date application filed, calculated through December 31st of the-year the election to pay installments is made (the rate of interest is 6% per annum on the unpaid balance), determined as if the applicant had in fact, duly paid the installments provided in (1) above, the first interest period to begin October 9, 1958. (3) After the initial payment of the sum provided in (1) and (2)-above, the applicant shall pay the unpaid portion of the primary amount of Charge B to the County Auditor in the same manner provided for pay- ment of special assessments by Minnesota Statutes, Section 429.061, together with interest on said unpaid ~rimary amount at 6%per annum on the unpaid balance~ No Election of Method. If the sum of the primary amount is $100 or less, the applicant may not use the installment payment method provided in subsection b, but shall pay Charge B ac- cording to the full-payment method provided in subsection a, except that the applicants for a Sewer Connection Permit for an existing structure, may elect to pay Charge B by quarterly (every three months) payments of $25 until Charge B is fully paid, the last payment to be for the balance then due, said payments to run consecutive to the Deferred Payment as pro- vided in Section 4c of "The Sewer Connection Ordinance." Section 5. Issuance of a Building Permit ~r~_'Buildin~ Sewer Permit. a. New Construction.. No building~m~it for new construction shall be issued until 'the Charge B is either fully paid, or, where appropriat%elected to be paid by the installment method, to the Village and a sewer connection permit issued, if the said new construction is of a nature which will, in the judgment of the Village Council or its duly appointed agent, reasonably be expected to use the sanitary sewer when the structure is occupied or used. The reasonableness of said determination of probable use by the said agent of the Village shall be subject to review by the Village Council, upon written demand by the applicant for the building permit for a hearing. be Existing Construction. No building sewer permit for ex- isting structure shall be issued until Charge B has either been fully paid or deferred or, where appropriate~ elected to be paid by the installment method to the Village and a sewer connection permit issued. Section 6. .~qvoluntary Sewer Connection. Charge B where an in- voluntary sewer connection is ordered by the Village Council pursuant to Ordinance, shall be paid as described in Section 4a. Section 7. Charge B Procedure. .Preparation of Roll. The Village Clerk shall prepare a roll showing the primary amount of Charge B extended over 30 equal annual installments, including interest; each install- ment including interest, being set forth separately. The annual installments shall he set forth starting from January 1, 1959. The roll shall be filed with the Clerk and open to public inspection. Transmittal to Auditor. The Clerk shall transmit a certified duplicate of the appropriate part of the roll~ with each in- stallment still due, including interest, set forth separately, to the County Auditor, after an applicant has elected to pay. Charge B according to Section 4b. The Village Council may in its discretion direct the Village Clerk to file the roll in his office and to certify annually to the County Auditor, on or before October 10th in each year, a total amount of install- ments of and interest on Charge B on each lot, piece or parcel of land in a municipality which are to become due in the following year. Full Payment After Election. At any time after an election under Section 4b to pay Charge B, by the installment method, the amount of said charge still due, may be satisfied by payment to the Village Clerk of the entire amount'remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Section 8. Election Form~. Contents. The Village Clerk shall prepare and furnish form~ on which the election'~o pay Charge B by the installment method may be made. The form shall pr0vid6 that the election is binding on -3- the applicant, his heirs, assigns,'and successors in interest. If the election is not made on the form so furnished, it shall be made in writing, stating substantially the above, and the Village Clerk shall not accept any written election not conforming hereto. Section 9. Charge B Revenues. Ail revenues from Charge B shall be credited to the Sewer Operating Fund and used for the purposes provided in Section 5 of "The Sewer Connection Ordinance." Section 10. Validity~ Effective. The invalidity of any section, clause, sentence or provision of this ordinance shall not effect the validity of any part of this ordinance which can be given effect without such invalid part or parts. If any amount, or any manner or method of collecting Charge B be held invalid by any proper court of law or equity, the Village Coumcil ~May, in its discretion, prescribe by ordinance other means to collect any connection charge fee allowed by law. Section 11. Effective Date. This ordinance shall be in effect and shall be in force from and after its passage and publication. Passed by the Vi%lage Council the SS day of ~.~Z~<~-~ , i9~. Attest: ~ ~ Clerk Mayor Published in the North Henneptn Post on the /O day of Lj~ .... , 19~. -4- CHAPTER 23B ~,DINANCE NO. 6~-! ~N~, DINANCE ESTABLISH- NG CHARGE B FOR THE CON- ~ECTION OF CERTAIN BUILD- iNG SEWERS TO THE PUBLIC iEWER, OF THE VILLAGE:, OF ~EW HOPE, SUPPLEMENTING I'HE CHARGES OF THE SEWER · CONNECTION ORDINANCE. Section 1. Defh~itions. The definitions :ontained in Chapter 21, Ordinance 57-17 md Chapter 22, Ordinance 57-18 of the Village of New Hope. sbali apply to the isaac of the same terms in this ordinance· Section 2. Sewer Connection Permit 2barge B. A fee, hereinafter designated is Charge B, shai1 be paid for the issuance )f the sewer connection permit to supply ~ewer service to premises within the fol- .owing described' areas: 1. That part of the village lying North of 42nd Avenue Nm'th. 2. That part of Section 7, Township 118, Range 21~ lying South of 42nd Avenue North. 3. Section 18, Township i18, Range 21 except the Southeast one quarter (SE¼) of the Northeast oPe quar- ter (NEVi) thereof. 4. The North one-half of the North one- half of Section 19, Township 118, Range 21. 5. The North 660 feet of the West 660 feet of the Northwest one quarte~ : (NW~) of the Northwest one quarter (NW¼) of Section 20, · .Township 118, Range 21. ' 6. The West 165 feet of the Northwest one quarter (NW~) of the South- west one quarter (SW¼) of Sec- ti0n 17, Township 118, Range 21 . Charge B~ provided in this section, shall ~be paid in addition tO the ifispection fee pko~ided in' the "Sewer Ordinance in the 'FiYlage, of New Hope" and the sewer con- ~cti6ia&:~'ermit charge provided in "The ~//wsr ~mneetion Ordinance." Se~:'h~a 3. Determination of Amount of ~harge B. Pursuant to Minnesota Stat- 'utes, Section 444.075, Charge B shall be fixed by reference to the portion of the cost for Sewer Improvement No 7 which 'h~is been paid by assessment of the prem- /~aes to be connected in comparison with the amount paid by assessment for Sewer Imp~covemenr N'o.7 by those pr~mises in t~/e village outside the areas as stated in See- tion 2 of this Ordinance. Charge B shall be the sum of an amoun* (herein- after called the '&'rtmary Amount") equal to the amount, pursuan~ to Resolution &dopting and Confirmir~g Assessments Sanitary'Sewer Improvement No. 7, datedl October 9th, 1958, assessed (against the] ~iremises to be connected) for Sewer Im- provemen* No. 7 and interest on said Primary Amount from Octqber 9th~ 1958, said interest determined according to the method of payment of Charge B selected by the applicant, as permitted by Section 4 of this Ordinance. ' Section 4. Method of Payment, of Charge B. Charge B may, at the election of the applicant for the permit, unless not allowed by subsection c of this section, be .paid by either of the following methods: a. Pull Payment Method. At the time the application is filed with the Vil- lage Clerk, Char£'e B may be full7 paid. If full payment is elected, interest on the primary amount shall be at per annum thereon from October 9, 1958 to December 31st in the year in which paymen~ is made. b. Installment Method. At the time the application is filed with the Village Clerk, apphcan~, may upqn written request, elect to pay Charge B by in- stallment payments. If the installment method is elected, applicant shah pay ~aid Charge B as follows: (1) The sum of iv, stallments due at date application filed, determined but shall pay Charge B according to the full-pa).ment method provided in] subsection a, except that the applicants[ f~r a Sewer Connection Permit for Al an existing structure, may elect to pay Charge B by quarterly (every three months) payments of $25 until ST Charge H is fully paid, the last pay- men~ to be for the balance then due, said payments to run consecutive to C£ the Deferred Payment as provided in Section 4c of "The Sewer Connection Ordinance." Section 5. Issuance of a Building Per- init 'or Building Sewer Permit. a. New Construction. No building sewer permit for new construction shall be iksued until the Charge B is either fully paid;- or, where appropriate, elected to be paid-by the insta'tmentl' method, to the Village and a sewer connection permit issued, if the said new construction is of a nature which will, in the judgement of the Village Council or its duly appointed agent. reasonably be expected to use the san- itary sewer whell the structure is oc- cupied or used. The reasonableness of said determination of probable use ot the said agent of the Village shall be subject to review by the Village Council, upon written demand by the aptHicant for the uuilding permit for a hearing, b. Existing Construction. No building sewer permit for existing structure shall be issued until Charge B has either been fully paid or deferred or, where appropriate, elected to be paid by the installment method to the Village and a sewer connection permit issued. Section 6. involuntary Sewer Connec- tion. Charge B where an involuntary sew- er connectSon is ordered by the Village Council pursuant to Ordinance, shall be )aid as described in Section 4a. Section 7. Charge B ¥'rocedure. a. Preparation of Roi1. The Village Clerk shall prepare a roll showing the primary amount of Charge B extended over 30 equal annual installments, in- cluding interest: each installment in- cluding interest,' being set forth sep- arately. The annual installm~nfs shall be se[ forth starting from January 1, 1959. The roll shall be filed with the Clerk and open ~o public inspection. b. Transmittal to Auditor. The Clerk shall 'transmit a certified duplicate ~f the appropiram part of the roll. with each installment still due, including interest, set forth separately, to th~ County Auditor. after an applicant nas elected to pay Charge B according to Section 4b. The .Village Council may in its discretion direct the Village Clerk to file the roll in his office and to certify annually to the County Audi- tor. on or before October 10th in each year, a total amonn[ of installments of and interest on Charge B on THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION ~°NESOTA } ~:NNEPIN 8~. ag duly sworn on oath says that he is and during all the times herein stated has he Post Publishing Co., the publishers of the newspaper known as THE I~ORTH and has full knowledge of the facts herein stated; that for more than one year .... ....... ........... ~ ...... ~.. .... ; ................ hereto at~cbed, m~4 newspaper w~ d ~ ~he V~a~e of ~F~S~I ~n the Coun~ ~o~ ~cnne~in, S~a~e of ~inne~M, on ~ek; that duiing ~1 said time the following conditions have =ist~: has been printed in the English language from its known office of publication within h it purports to be issued as above stated in colmnn and sheet form equivalent in space tg inches of single column, two inches wide; it has been issued once each week from 8 hed in such place for publication and equipped with skilled workmen and necessar.~ g and printing the same; the press work thereon has been done in its known offiq~of akeup not less than twenty-five per cent of its news column has been 'devoted tq~ocal he community which it purports to seive; it has contained general news, comment and it wholly duplicated any other publication and has not been entirely made up of pat- td advertisements; it has been circulated in and near its said place of publication to the o hundred and forty (240) copies regularly delivered to paying subscribers; it bas had s matter in its local postofflce; has filed a copy of each issue wi~h the State Histori- Paul; and there has been on file in the office of ~he Cognty Auditor of Hennepln ,the affidavit of a person having knowledge of the factg; showing the name and vspaper and the existence of the condi~/ons constituting its qualifications as a legal official matter hereto attached was cut from the columns of said newspaper, and therein in the English language once each week, for ......... /....successive weeks; so published on Thursday, the ................................... ~ ......... day of rff,-*~/./'A.''. ............... 19.~;.C., and ther~ft~ on Thursday of e~ch we~k to ~nd each lot, piece or parcel of land in a ............................... day of ............................ l~ ...... , ~nd municipality which are to become' due a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby in the following year. .ng !he size and kind of type used in the composition and publication of said legal or abcdefghi}ldmnopqrstuvwxyz---~-pt. Oldstyle obcdefghi}klmnop qr stuvwxy~6-pt. Devinne abcdefghijklmnopqrstuvwxyz--? ~-pt. Excelsior ab~dofghiJldrnnopq~tuvwxl~---7~/2 Memphis Bold c. Full Payment After Election. At any t/me after an election under Section 4b to pay CharDe B. by the install- ment method, the amount of said eliar~e still due, may be satisfied by payment to the Village. Clerk of the entire amoun~ remainin~ unpaid, with inter- est accrued to December 31st of the year in which such paJ, ment is made. Section 8. Eelection Form; Contents. The Village Clerk shall prepare an/1 furn- ish forms on which the election to pay Charge B by the installment method may be made. The form shah provide that the election is binding on the applicant, his heirs, assigns, and successors m interest. If the election is not made on the form.s%rn [0 before fnrnished, it shall be made in writing, stating substantially the ab ...... Village Clerk shall not accept any writter election not honforming hereto. · .............. , bein~ payable in 30 equal annual .............. .a.~, ~r. IriUlltl ' ....... er ~ectmn 1~2. vanult~r: J~xxechve. od xunnmg from January 1 1 59 .~: ' , or provision of this ordinance shall not--March27, 1960 to January 1/. 1989, incmsive, a. na effect the validity of any part of this ordi g tot any manner or method 'of collectin~ the election to pay installments ~s ~'h B b h ..... ~' ~ mane Line a e_gx ~B~ .'? ,~ , ~/~/cour~ of law or equity the Village Counci . , ¢ Y P . ~. ]tion charge fee allowed by. law. promded m (1) al)ore the first .... ,~ , ~ [ Section 11. Effective Date. This ordi . e '/nonce shall.be in.effect and shall be b 1958. . ... f i,e/fOrce from and after its passage and pul (3)~After the m~t~al payment o in /lication " .... sum provided in (1) and /.2) abo/re ~m. '1 ~. *h {i~1' .~ C~o ~ '1 *h S~ction 9. Charge B Revenues. A1 revehues from Charge B shall be credite~/'J[~] to the Sewer Operating Fund and used/o/! the purpose provided .in ~Seetion 5 of "Th~ Sewer Connection Ordinance." ORDINANCE NO. 60-3 CHAPTER 15B AN ORDINANCE REQUIRING PERSONS ENGAGED IN ELECTP. ICAL WORK TO SECURE LICENSE TBEREFOR, The Village Council of the Village of New Hope Ord~s: Section 1. License Required. No person, firm, or corporation shall engage in the business of installing, altering, extending, repairing, or maintaining any electrical work of any kind or nature unless a license to do such work is first ®brained from the Village Council. Licenses shall be issued only to such persons as shall have a state license in force. Anyone .not so licensed may nevertheless, do electrical work which complies with the minimum standards established by Village Ordinance, Chapter 15, Ordinance No. 56-4, on premises, or that part ofpremises owned and actually occupied by him as his homestead, i~ h9 $$rst~ fil~s.~w~.th t~9 ~il~age Cle~k~ the Village C®uncil and such license shall be granted by a majority vote of the Council upon proof of the applicant's qualifications and upon the filing of the requiz~dbond, as provided below. Section 2. Application for License. Any person, firm or corpo- ration desiring to engage in the business ®f electricianwithin the village, or doing any other act specified in Section 1 hereof, shall submit an appli- cation to the Council, which application shall state the name, address of applicant, address from which he proposes to cenduct the said business, the nature of the business to be conducted, whether the applicant is licensed under the laws of this state, and shall be required to furnish such other evidence or pass such examination, or both, as the Council shall, from time to time, require regarding the experience and qualifications of the applicant to engage in said business. Section 3. Bond Required. Before a license shell be granted to any person, firm or corporation, the applicant shall execute and deposit with the Village Clerk a bond in the sum of $1,000 with the sureties thereon to be approved by the Viltge Council, such bond shall be conditioned to indemnify the Village and property owners against all accidents, losses and damages caused by negligence, by unskilled or unfaithful work of the licensee, or by reason of his failing to comply with the ordinances of the Village; and that he will save the Village harmless of and from all claims, expenses or damages arising out of any such work being performed within the ~l-lage. Section 4. Issuance of License. Ail licenses granted pursuant to the provisions of this ordinance shall be ~ssued by the Village Clerk and shall terminate and expire on the last day of December next succeeding the issuance of the same, unless sooner revoked or forfeited~,..as herein provided. Section 5. License Fee. The license fee for said license shall be and is hereby fixed at $10 per annum, which license fee shall be paid to the Village Clerk at the time of filin$ the application therefor. Section 6. Council Hearing and Violations. The Village Council may revoke any license obtained through error or fraud or if the licensee is shown to be incompetent or for a willful violation of any ordinance of this Village relating to electrical standards and work. The licensee shall be entitled to at least five days notice of thehearing and a written statement of the charges, and shall h~ve the right to produce testimony in his defense. Section 7. Exceptions to Ordinance. The provisions of this ordi- nance shall not apply to employees of public service corporations distribut- ing or sellingelectrical energy for lightor heat, or telephone or telegraph systems, while doing electrical work on, or in connection with, property owned, leased, or operated by any such corporation. ~ection 8. Violations. Any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and punishable by a fine of not to exceed $100, or imprisonment for not to exceed 90 days. Section 9. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this day of ~ ~z~/~//-_ , 1960. / Attest: Clerk Mayor Published in the North Hennepin Post the 2/ -2- SECURE LICENSE THEREF~OR ¥illai~!~of New Hope" The Village Council-of the Village of New. Hop e~3~d sins: SI~.~.~ON 1. LICENSE REQUIRED; Xo l~n, firm, or corp6ration shall en- gage ih the business of installing, altering,, extending, repairing, or maintaining any~ electrical work of any l(ind or nature unless~ a"li.cense to do such work is,first obtained from the Villa£'e Council. Licenses 'shall be issued only to such per~:¢~s~ as shatY harp a. st~license in force~:}~yone not so h- cen~ay neverthelesq:~: electrcal work whi~omplies with t~t' mlnimhm stan-~ dard'~established by Village Ordlnance,/ Chaptel~ Ordinance No. 56-4, on :Prom-' ises, o~t part of premises owned: and actuall~.~eupied by him as his homestead, if t}~t files with the Village Clerk,~ an ~ to that effect. When he applies! for a~it, if a permit is required. Ap-. plicat[~i~ for such license ' shall be made to: the Village Council and such license shall' be granted by a majority Vote of the Coun- cil upon proof oft he .~p~licant's qualifica- tions and upon the filial:of the required bond, as provided bela~}.~ SECTION 2. API~TION FOIl.: LI- CENSF.~.Any person~'~f~i'-m or cor/~nration desiri~engage in the~business of ~tri- cian~ the Village, ~ doing any~:h~;her act spi?l:fied in SectiO~ 1 hereof,:! thall submit an application t¢?0the Council, which'. application shall state'f~ name~ address of a-pp,.cant, address i~m which he pro-- pos~ conduct the :~said business, the:~ nat~:~f the _business:to be conducted,~ wi~-~the applicant'is licensed Under: the~?l~."~,f this state, ~/nd s. hall be r~{iuired~ to ffi~ such other evidence ~al~' pass~ such. e~lif~n'ination, or ~both, as the ~m?cil shal!i'-from time to time, require re~rdmg~ the~perience and qualifications d[ the' spent to engage in said business. SECTION 3. BOND REQUIRED. Before a license shall be £'rantea to any.person,, firm or corporation, the applicator shall execute and deposit with the Vill ~atl? Clerk a bon~i in the sum of $1,000 with }~e sure- ties thereon to be approved by ~Village · Council, such bond shall be co ~n~ij[qned m indemnify the Vilrage and pro~owners against all accidents, losses ai~,amages: caused by negligence, by unskiltj~¢~0r un- [faithful work of the licensee, q~reason: his failing to comply witli~ ordi~ the Village; and that t~ill save harmless of~and frolyt/,~l~!~claims dan~ages hrising '~t of anyl bei~ performed ~ithin the OF LICENSE. mrsuant to the proof-- shall be issued by. shall terminate and~ of December next of the same, un- or foHeited, as herein FEE. The Ii- be and is ~hich Ii- Clerk the appli~tion COUNCIL I821 The Village' .Cb/~ncil~ may revoke any li~se obtained ',$hrough', error or fraud or if: the licensee is shown W be incompetent or for a willful violation~ o£ any ordinance of this Village relating electrical standards and work. The license~ shall be entitled to at least five day~ notice of the hearing and a written statement of the charges, and shall have the right tc produce testimony in his defense. SECTION 7. EXCEPTIO*NS TO ORDI- NANCE. The provisions of this ordinance !~shall not apply to employees of puolic ser- ]~vice corporations distributing or selling !electrical energy for light or heat, or telc- Iphone or/ telegraph systems, while doing. electrical work on, or in connection with property owned, leased~ or operated by any such corlSoration. SECTION 8. VIOLATIONS. Any person, firm, er corporation vloiating any of the .provisions of this ordinance shall be £,uilty~ of a misdemeanor and punishable by a fine of not to exceed $100, or imprisonment not to exceed 90 days. SECTION 9. This ordinance shall be ix/ :full force and effect from and after it~ passage and publication. Passed by the Village Council of thc Village of New Iffope thi~ 12th day April~ 1960. /~/ M, 'C. HONSEY, Mayor ATTEST: '~ is/ DON TRUCKER, ~Clerk. ~ (~dlshed ~_~ The North H~ncpi~ ~Post~ THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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 KORTH HENNEPIN POST, and has full knowledge of the facts herein stated; that for more than one year ~/~nt*efl'~~n~i'li~~~/l~°'(~,~,'~iheI-rieetn°ngtintn~?b~td~mded~ ~e~'n~nPe~sPoet~ Wo~~ ~hursday of each week; that during all said time the following conditions have existed: ' Said newspaper Ires been printed in the English language from its known .offlee of p~blieatton 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 i~ued once each week from a known office established in such place for publication and equipped with skilled workmen' and neees~ry material for preparing and,printing the same; the press work thereon has been done in it~ 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 neW~, 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 h~d entry a~ 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 Count,, Minnesota, the affidavit of a person having knowledge of the fact~, showing the name and loeatlon of said newspaper and the existence of the eondieions constituting its qualifications as a legal newsPz40er. 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 ....... Z ..... successive weeks; That it was first so published on Thursday, the ......................... ..~..../...'.-~.; ........ day ot .......... ~ .................... 19. k.?., and thereafter on Thursday of each week to and including the .................................... day of ............................ 19 ...... , ~nd that the following ls a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication iof said legal or official matter, to-wit: abedefghijidmnopqrstuvwxyz--§-pt. Oldstyle abedef ghi}klmnopqrstuvwxys---6-p~. Devinne abcdefghij klmnopqrstuvwxyz--? !4 -pt. Excelsior abcdef~hiJklrnnopqrsiuvwx ~i~ M.mp/~s Bold Subscribed ~nd Sworn to before me .... ..... of .... ................ RAEPH J. 13ENN£THUM ~otar~ Public, Henaepin Oounty, Minn~ My Commission Expires Mar. 27, 1967. CHAPTER 155E ORDINANCE NO. 60-4 AN ORDINANCE ~GULATING THE PARKING OF VEHICI-~.S AND IMPOSING PENALTY FOR THE VIOLATION THEREOF. The Council of the Village of New Hope Ordains: Section 1. Highway Traffic Regulation Act. The parking restrictions of this ordinance are in addition to the provisions of Village Ordinance, Chapter 155B, Ordinance No. 59-6, which incorporates by reference the regu- latory provisions of the S~ate Highway Regulation Traffic Act, Minnesota Statutes, Chapter 169, as amended. Section 2. General Provisions. Every vehicle parked upon any street with a curb, shall be parked parallel to the curb and with the right-hand wheels of such vehicle within 12" of the curb. On other streets a vehicle shall be parked to the right of the main-traveled portion thereof and parallel thereto, and in such a manner as not to interfere with the free flow of traffic. This shall not apply,.however, to any vehicle disabled upon any street, but such vehicle shall be moved to a place of safety, and if such movement is not made, may be impounded. S-gction 3. Parking for Certain Purposes Prohibited. No person shall, for camp~ purposes, leave or park a housetrailer on any public street, highway, alley or other right-of-way thereof; nor shall any person park a vehicle upon the street or roadway for the principal purpose of: (1) Displaying such vehicle for sale. (2) For washing, greasing or repairing such vehicle except such repairs as are necessitated by an emergency. (3) Displaying advertising. (4) Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under the ordinances of this village. (5) Storage, or as junkage ordead storage for more than~6~ hours. Section 4. Parking Time Limit. No person, except physicians or other persons on emergency calls, shall park a vehicle on any public street, highway or alley for a period of time longer than 30 minutes betwemn 2 a. m. and 6 a. m.~; nor in any case, for more than six consecutive hours at any time. Section 5. Penalty. Any person convicted of violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor to be punished by a fine of not to exceed $100 or, by imprisonment for a period of not to exceed 90 days. Section 6. Separability. It is the intention of this village council that this ordinance, and every provision thereof, shall be considered separable; and the invalidity of any section, clause, provisions, or part or portion of anysection, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. This ordinance shall be in effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this /~-~ day of~, 1960. Mayor Publiahed in the North Hennepin Post this ~/~ day of 1960. · iAN OBDINANCE REGU] tT!~lil~ p~KING 'OF VE~ AI~SING PENALTY -~- ~OLAT~O~ THZaZOr ~ ~nnc{l of thc V{lla~e of ~ ~opc ] The { :o the pro ~ , a~.~ ~o 5%6 which/ ter 155B ~r ~ln~ ' ~ [~hap ~ [v re~¢~e~ce the 69 as amenae · o~y. , ,~ '5~v~a u,,on any street tth the right-hand wheels ot sucnl and w' . ....... * tho curb On ,,otbfr] lvehict* w~tplp, ~ ,?'~'~rked [o the rightl Streets a ~eptole saa~[ ~].ff~ . n thereof- ~of th~ .... ~a in such a maan~ . parallel thereto, to interfere with the free flow of tra{-~ ~not ..... 1- howe~er t6 h~s shall nor apF J, ' ~iC. T ' . ......... , street but FOR A shall, for campmC purpq : a housetrailer on ; ~ alley or other ri I~ r' shall any per,Son the street or roaaway of: ~ing such vehicle ior sal.e.. greasing or repatrmi vehicle except such repairs kas from such cept in a duly established when so authorized or license ordinances of this village. 5) Storage, er as ~unkage or dead stor~ for more than six hours. ION 4. PARKING~ TIME LIMIT. physicians ol calls, shall hicle street, ialley for a p lmlnutes between 2 a.m. and 6 ianY case, for more than six /hours at any ti [%:~: m ;'~% shall be in ,'~1 passage and puh. ifo the '¥iliage Council Of the/or few Hope this 12th Mayor. TRuCKE , in The ~orth .Hennepin~ THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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 fac~ herein s~ed; '~at for more than one year __ prl7..# //t° the publicatlon therein~ /F~ t~°f Xhe. (~./e.~ ...... [ .~¢'~.../27.C.~g¢~.~// ....................... ...... .... ..... ~inted g4id published in the Village of Crystal in the County of, Hennepin, State of Minnesota, on Thursday of each week; that during all said time the following conuitions 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 tn 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 postoffice; has filed a copy of each issue wleh the State Histori- cal Society in St. Paul; and there has been on file in the office of She County Auditor of Hennepin Count~, Minnesota, the affidavit of a person having knowledge of the facts, showing ~the name and location of said newspaper and the existence of the condieions constituting its qualifications as a legal newspmper. ~t 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 ............................ ~..~....~... ..... day o! ....... ~ .................... , 19~..~..,-- and thereafter on Thursday of each week to ~nd including tl~e .................................... day of ............................ 19 ...... , and that the followingls a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as~being t. he size and kind of type used in the composition and publication of said legal or official matter, to-wit: abcdefghij ldmnopqrstuvwxyz~6-pt. Oldstyle abcd®fghijklmnovqrstuvwxyz~6 -pt. Devinne abcdefghtj klrtmopqrstuvv~cyz--? ~ -pt. Excelsior abcdefghijldmnopqrs~uvwxy~--7¥a Memphis Bold .~, ~ ~ ,. Subscribed ~nd Sworn to before of ..... ...... :.. , RALF~ J. BVNNETHUM NOtary Public, Hennepin .County, Minn. MY,, Oornml~slon Expires Mar, ET, 3.907. ORDINANCE N©. ~5 CHAPTER NO. 2~ AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, EXTENSION, A~D REPAIR OF INDIVIDUAL WATER SUPPLY SYSTEM~; REQUIRING PERMITS FOR, PROVIDING FOR IN- SPECTION, AND PRESCRIBING PENALTIES FOR NON- COMPLIANCE. The Village Council of the Village of New Hope Ordains: Section 1. Short Title. The short title by which this ordinance shall be known is The Well Drilling Ordinance of the Village of New Hope. Section 2. Permit Required. Before proceeding with the construction of a new well or any major reconstruction (deepening of an existing well to the next deeper strata) the owner or his agent shall first obtain a permit for such purposes from the Village Clerk and shall pay a fee of five dollars ($5.00). Section 3. Applications to be in Writing. Applications for permits shall be made in writing upon printed forms furnished by theVillage Clerk for such purposes. Section 4. When Well Drilling Permit Shall Not be Issued. No well drilling permit shall be issued where: (a) The proposed new well is to be drilled to serve new building construction, and in (b) The said new building construction is/an area which the Village Council determines by resolution, as a finding of fact, will or can be served by the municipal water system within a reasonable time upon the construction of trunk mains. Section 5. Contamination. Each water supply system shall be so located and constructed so that it will not be contaminated by any existing or future sewage disposal system. It shall also be constructed to minimize the possible contamination of the well from all possible external sources within the geological strata surrounding the well. Section 6. Location. Wells shall be located in a manner to be free from flooding and the top shall be so constructed and located as to be above all possible sources of pollution. No well shall be located Closer than three (3) feet to the outside basement wall of a dwelling. The outside basement footing shall be continuous across the opening of the well alcove. No-well shall'be located closer than fifteen (15) feet from a property line. The following minimum distances betwesm a well and possible sources of contaminations.' "shall be complied with: (a) Buried or concealed extra heavy cast iron sewer or drain lines with lead ~caulked, air tested joi~mts- 20 feet; (b) Vitrified - clay or concrete sewers (or cast iron sewers not of construction described above, septic tanks; or drain fields - 50 feet; (c) Dry wells, seepage pits, cesspools - 75 feet. Section 7. Location inPit. No well shall hereafter be installed in a pit below the surface of the ground unless such well pit is an alcove opening directly into the main basement area of the building being served by the well. The well pit floor shall be constructed according to the requirements of pump room floors outlined in this ordinance. Section 8. Where Terminatipm of Well Prohibited. No well con- structed in t he Village of New Hope shall terminate in the De¢orah Shale, Platteville Limestone or Shakopee-Aneota Dolomite. No existing well shall be increased in depth to terminate in those formations. Section 9. Diameters of Nell Casing, The minimum diameter ofany finished Well casing shall be four (4) inches. Well casings shall be con- structed ofwelded or coupled steel or wrought iron and shall conform to the following specifications for weight and thickness. Diameter Wall~icknsss ~ei.~ht per lin. ft. with threads and couplings. 4" .237 inches 10.98 lbs. 5" .258 inches 14.8 lbs. 6" .280 inches 19.45 lbs. 8" .322 inches 29.35 lbs. 10" .365 inches 41.85 lbs. 12" .375 inches 51.15 lbs. The casing of anywell constructed entirely in unco~solidate formations shall extend to a depth of 100 feetbelow established ground level or through the first impervious soil formation encountered, whichever is deeper and at least 5 feet below pumping level (level below ground level to which the water surface is lowered in the well during pumping). Where a water- bearing formation is encountered during well construction ara.depth which satisfiesthese ~h~imum requirements, the acceptability of the formation for well development shall be based on the satisfactory results of analysis of the water by a competent laboratory. Any water-bearing formation yielding water which is contaminated, asevidenced by the presence of chemicals or bacteria of sewageorigin, shall be regarded as unsatisfacotry for well development. Where a well is drilled to terminate in the St. Peter Sandstone or the JordonSandstone, the Decorah, Platteville and Shakopee formations shall be sealed off. In the case of a well finished at a diameter of 4" and extending thru the Platteville Limestone, this shall be accomplished by installing a minimum 5" diameter casing from the surface thru the glacial drift and into the Platteville Limestone. A nominal 5" (minimum) open hole shall then be drilled thru the undesirable formations and at least 20 feet into the continuous non- faulty consolidated St. Peter Sandstone and/or at least 20 feetbelow the pump- lng water level, whichever is lower. A minimum4" liner shall then be installed from the surface to the bottom of the 5" hole, and the bottom 10 feet shall be grouted in place. The nominal 4" open hole shall be continued into thewater- bearing formation such distance as is necessary to provide the required water supply. In case of welts larger than 4", all other component parts of the well shall be constructed proportionally. -2- Section 9A Existin~ Wells. The mimi~ diameter requirement of 4 inches provided in Section ~ above shall not apply to the deepening of any well, existing at the date of publication of this Ordinance, which has a well casing of less than 4 inches. Such wells may be deepened even though the extended well casing shall be less than four (4) inches in diameter~ and all component parts proportional. Section 9B. Temporary Wells. The provisions of Sections 9 and 10 of this Ordinance shall not apply to any well constructed that is of a temporary nature. No permit for construction of a temporary well shall be issued unless approved by the Village Engineer, upon finding that the temporary well proposed will adequately and safely provide the necessary water, and that the construction of a permanent well in accordance with the terms of this ordinance would work a hard- ship upon the applicant. Section.10. HinimumProduction of Water. Ail wells for domestic use, hereafter constructed in the Village of New Hope, shall produce a minimum initial supply of ~00 gallons of sand-free water per hours. 2a Section 11. Manner of Installation. The pump and equipment shall be installed in a manner satisfactory to the Village of New Hope and shall conform to the following: (a) Pump and equipment shall be designed to assure a pollution- proof and frost-proof installation. (b) The pump base shall be constructed so as to permit installa- tion of a water-tight mounting. (c) A well seal shall be used. Such well seal shall be of simple construction, easily installed, removed and reinstalled should it become necessary to remove the drop pipe for repair. (d) The top of well casing shall be a minimum of 18 inches above the basement floor level and the seal shall be so constructed and installed as to maintain its water-tight feature, should flooding occur. The pump room floor shall be at least 6 inches above the sur- rounding grade and the concrete platform shall be minimum 4 inches above grade at the edge. (e) Suction lines installed through the well casing, or where other- wise installed less than 10 feet below grade, shall be provided with an outline protective casing. Such protective casing shall be set watertight into the Well casing. The suction line shall be caulked into the protective casing to provide a watertight joint which will permit easy removal. The suction line shall slope upward toward the pump. Where a suction line is brought into a basement from a well located some distance from the basement, the pump shall be located at least 18" above the basement floor. (f) Provisions shall be made in the well seal for future measure- ments of static and pump levels. Section 12. 'Chlorination. After final installation of the pumping equipment, th~ ~ell shall be p.umped continuously until'the water is free of turbidity, then ,~hlorinated heavily in accordance with the' following procedure: (a) Introduce into the well one pound of high test (70% or equiva- lent)calciumhypochlorite (chlorinated lime) by scattering same over the surface of the water in the well so that the powder will sink to the bottom, thereby permeating the supply. (b) If po~ cannot be introduced directly, then mix one pound of calcium~hypochlorite high test (70% or equivalent) with five gallons of water and pour the mixture into the well. (c) Allow the chemical to remain in the well for at least twelve hours, then pump to waste until the odor and taste of the chemical have practically disappeared. (d) Where calcium hypochlorite tablets meeting the above require- ments are used, they shall remain in the well for a minimum period of 48 hours before it is pumped to waste as stated above. -3- (e) Wells larger than four inches in diameter require pro- portionally larger doses of the chemical for chlorination but shall not have a concentration of applied solution less than 150 parts per million for twelve hours. .~ection 13. Health Requirements. Ail commercial wells shall comply with the requirements of the Minnesota State Department of Health for public water supplies. Section 14. Affidavit shall be filed of Test Result. Upon completion of drilling a well, a pumping test of sufficient duration to determine the yield and maxi- mum drawdown shall be conducted. Within fifteen days after inspection of the well, the permit holder shall file an affidavit with the Village Clerk setting forth the results of the pumping test, the capacity of the well, the pumping level, the depth of casing from grade and length and size of screen if one is used. '~A geological log of the formations encountered in drilling each well shall be kept by the driller. A copy of said log, typed on 8-1/2" x 11" paper shall be filed along with the well affidavit and such log shall specifically state where impervious formation is encountered. Failure to provide such a log or affidavit, or willful failure to provide accurate information with respect thereto shall con- stitute a violation of this ordinance. Section 15. Wells Prohibited for Certain Purposes. The construction of a well for the purpose of disposing of any liquids, including surface waters, air conditioning, or commercial wastes shall be prohibited in the Village of New Hope. Section 16. Terms Clarified. The following terms used in this ordinance are clarified as follows: (a) Drawdown - The change in surface elevation of a body of water as the result of the withdrawal of water therefrom. (b) Glacial D~ft - An assemblage of deposits left by the melting of an ice s~et or glacier. It is composed of an accumu- lation of unstratified material of all sizes which formed at the margin of the ice. (c) Grout - A thin mortar consisting of portland cement and water or portland c~ment, sand and water in the following proportions: (1) one sack cement to 4% to 5% gallons of water. (2) one part cement, one part clean sand and 4% to 6 gallons water. The sand grout shall be used only where abnormal loss of grout to crevices or faults occurs. (d) Log - A chronological record of the soil and rock formations encountered in the operation of drilling a we'll, with either 'their thickness, or the elevation of the top and ~Ottom of each~ formation given, it also includes statements as to the composi- tion and water-bearing characteristics of each formation. (e) Porosity - An index of the Void characteristics of a soil as it pertains to percolation. -4- (f) Turbidity - A condition of a liquid due to fine visible material in suspension, which may not be of sufficient size to be seen as individual particles by the naked eye but which prevents the passage of light through the liquid. (g) Yield - The quantity of water flow (gallons per minute or per hour) which can be collected (pumped) from the well. Section 17. Repeal. Chapter 26, Ordinance No. 59-5 passed the 24th day of March, 1959, entitled "The Water Connection Ordinance of the Village of New Hope", be and the same is hereby repealed. Section 18. penalties. Any person, f~rm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed $100.00 or im- prisoned for not to exceed 90 days. Each day that any violation is continued shall constitute a separate offense. Section 19. Effective Date. This Ordinance shall be in force and effect from and after its passage and publication according to law. Passed by the Council this ~ day of ~anu~-, 1960. Clerk Mayor -5- Ordinance No. 60-5 Chaplet No.' 26 AN ORDINANCE REGULATIN¢ THE INSTALLATION, CON- STRUCTIO~ EXTENSION, AND REPAIR OF INDIVIDUAL WATER SUPPLY SYSTES-IS; REQUIRING PERMITS FOR, P.ROVIDING FOR INSPECTION, AND PRESCI~IBING PENAL- TIES FOR NoN-COMPLIANCE Village of New HOpe q'he Village Council of the Village of ~ew HoPe Ordains: SECTION 1. SHORT TITLE. The short :itle by which this ordinance shall be <nown is The Weli Drilling Ordinance of well shall he pumped continuously until th~ water is free of turbidity, then }hloriuate~ !leavily in accordance with the following )rocedure: (a) Introdfice into the ~ell one pound high test (70% or equivalent calciuin~.]J~V~ · OF PUBLICATION hypoehlorite (chlorinated lime) hy scattering same over the surface of the water in the weI1 so that the powder will sink to the bottom, thereby ' permeating the sup)fy. (b) If powder cannot be introduced di- rectly, then mix one pound of cal-~, cium hypochlorite hi,~h test or equivalent) with five gallons of water and pour the mixture into the welh (c) Allow the chemical to remain in the well for at least twelve hours, then pmnp to waste until the odor and (d) taste of the chemical have practically s,appeared. nere calcinm hypochiorite tabletsworn on oath says that he is and during all the times herein stated has basement w~ll of a dwelling. The c, otside b~sement footing shall be cont;nuous across the opening of the well alcove, No well shall be located closer than :ifteeu (15) feet from a property ~ine~ The fallowing minimum dlstanees between a well and pcs- sible sources of contamination shall be complied: with: (a) Buried or concealed extra heavy ,cast iron sewer or drain lines with lead caulked, air tested joints -- 20 feet; (b) Vitrified - clay or cmmrete sewers (or cast iron sewers not. of constr~c- tmon described above, septic tanks, or drain fields - 50 feet; .~ f~_ L _- ....... w lfull knowledge~f the facts herein stated; that for more than one year SECTION 2. PERMIT REOU~iRED ~ ~ m~mmmn permu at ~ hours L..~ t Before proceeding w th t ~e construction of before it is pmnped to waste as stat- f ~ ~ ~-- ~ ...... 1l or' any maj ..... on,tr~ctio~ ~ ~°V~'rger than four inches hii~ of the..~~ ..... ~.~.~.~ ...... '~~ .... (deepening .of an existing well to the vext (e) et · :Ieeper strata) the owner or his agent shall dmmeter require proportionally larger /~rst obtain a vermlt for such purposes tram doses of the chemical for chlorina, the Village Clerk and s~aI1 var a f e of tmon bat shall nn~ h=v, d ~ ........ . ........................... hereto at~ch~, ~id new~p~ five dollars ($5 00) ~ _ e_ _ t:on ~' ~-~ 3~- 'TLr" ~°nce~¢ra- Village of Crystal in the County of Hennepin, State of Minneso~, spas be made iu writini' upon forms ~ur- ' Section 13 Health RequiremeutS M1 ~D. ~o well drilling permk sh~ll be Section 14 Affidavit shall be filed of-i--'u-s-~e '~ ....... '- ~' ......... lss}'~7 ~er~:ro' asea .... il's - , [res~ ,Stesuk. Cp ...... pCt.ol~, qf dm!lpg less than twenty-five per cent of its news column has been devoted to local drille~ t~ ~r~ e ...... ~,;i~" ro ~.e } we}~. ~ ?umpmg~,tesr .o}, sua[c~ent ~ura.fity which it purports to serve; it has contained general news, comment and striation al~ .......... umg co,-[g~n [o ce~e[mjzq [ae yleia ~n~;[n~¢nmg¢iuplicated ~y other publication and has not been entirely made up of pat- (b) The sai~ new buildin Cnst net'on ~}~}~a~ 2~}~ i~s)c~auct¢' 'witmn t?,ments; it has been circulated in and near its said place of publication to the is an area which t ~ ~ 1~ ~ ira ~ ' ; ~ 'f ~''' .... 1 ej, on m Cq ~[en ~hy and fo~y (240) copies regularly delivered to paying subscribers- it has hsd determmes by resoluq~n as a {ind-lthe Villa~'e Clerk soften- forth *h .... ~. rtz ocal pasta ice, has fried a copy of each ~ssue Wl~h the State H~st~l- in~ of fact will or }~u ['e ~erx l a /of ~ ~ ' ~ ~ ~ ,?sa.,s there has been on file in the office of ehe County Auditor of Henne~in th: mun:ci;al water 'syst:u w;l;;in ~lwelrn;l~P;'~;~gte~[e~a~h:a~}~¢l[ //ct~:~,it of a person having ~owledge of the facts, showing the name ~nd ' ;' ' '- ' ' ~ a'l the ~isteace of the condi~ons constituting its q~ifications as a leal tiaa of trunk mains. [screen if one is used. SECTION 5. CONTASIlNATION, Each A geological log of the formations en- wa~er snpply system shall be s0 located countered in d~illing each well sl!ail be andtaminatedconstructedby auy~S°existingthat it orwi!lfumren°thsewoge ...... l{~}~cl b~n t~:, ,pr~le[i,,Apa~e~}y sl~Jll s~ fI~ atter hereto at~ched ~s cut from the columns of said newspaper, rotiSp°salminimlzeSyStem'theltpossibleShall also be constructed along with the welt affidavit and such log f ~Zxlmt~c']~c~co~J~edwh~lu;~P~Jw~~, the English l~gu~e once each week, for ........ :he well from all possible {xt~rnal so;roes ~ithin the geolosical strait surrouudlng the vide such a log or aff]davlt, or wil~f~li }oil. ' ' SECTION 6. LOCATION. ~'ells shall ~i~lr~eSl~ct ~[~e~}~ s~lr~to~sti~i~r~a~ ,d o~ ~a~, the ............................ o, located in a manner to be: free iron iafion of this ordinance. ]~ / ed and located as to be ah~ve ah possible sources qf pollution. No welt shall be h,cat- the 'purpose of disposing of any liquids, ~ ~ closer than three (3) feet to the eutslde including surface waters air conditioning ~ ~- -* .~ _ or comnercial wastes shall be prohibited i~ ...... ;'A''i ........ ~,o~ 2.2 .... ~.....~.:..2.:..,..~.. tl~e~i~&el~X. ~n?°~rif'et d. The fo,~I and kind of type used ~ the composition and publication of said leal or lowing terms used in this ordinance arel clarified as follows' / abed f hi"' ,~ ,,....~__ ' ~, , . / · g lmmnopqrstuvwxyz~-pt. Oldstyl~ face elevation of a body of water as[a~aelg~l'slmopqrs[uvwx~I--o-P;. ~ovlnne the result of the withdrawal of water [ ;~, ~f[m~.. ~ I~opqntum~--7~-pt. ~cemlor ice sheet or glacier. It is composed material of all sizes which formed at the margin of the ice. (c) Dry; wells, seepaEe pits, cesst~ools' - (c) Grout -- A thin mortar; consisting ? 5 feet. ' Section ?, Location in Pit. No well of portland cement and water or port- land cement, sand and water in the shall hereafter be installed in a pit below , following proportions: the surface of the ground unless such well is an alcove opening directly eltra the ~ain basement area of the building being [served by the well. The well pit floor ~hall be constructed according to the re- quirements of pump room floors outlined lin this ordinance. { Section-8. Where Termination of Well [~'rohibited. No well constructed in the IVillage of l~ew Hope shall terminate m ~the Decoraht Shale, Platesville Limestone or Shakopee-~nsota B~Iomite. No existing well shall be increased in depth to ter- 'ffiinate in these formations. Section .9. Diameters of Well Casing. T, he minimum diameter of any finished well casing shall be four (4) inches. Well casings shall be constructed of weld- e~, or cat, pled Steel or wrought iron and shall conform to .the following apecifka- ~s~:[~r W&ght "and thickness. . Weight per lin. ft. i Wall with threads ~me~r Thickness and couplinL's :,, 4" ;2'3~ inches 10.98 lbs. 5" ;25~ inches 14.8 lbs. ;, 6" '~0 inches ~.45 lbs. ~n~ 8" ~322 inches ~9.35 lbs, :~0~' . :;~6~'in~hes 41.85 lbs. ~'~2" ;~3~3 inches 51 15 lbs ' The casjvg qf any well. constructed (1) one sack cement to 4% to 5~ gal-[ tons 0f water. (1) one part cement, One part clean sandlr~ and 4x/~ to 6 gallons water. The] sand grout shall be used only where ~-, abnormal loss of grout to crevices' o~: default ocfiurs [O1 (,/ tim soil and rock formations toted in the ojperation of drilling a~ -;yell, with either their thickness, or] the elevation of the top and hottomt of each formation gven. It also in-l.o .' eludes statements as to the c0mposi I' ~n0pi~ County, Miata tmn and water-bearmLI cbaracter~stics ;~l~m g~[olra5 Mar. 27, 1967. of each formation. (e) Porosity -- An index Of the voldl characteristics of a soil as it per-la, rains to percolation. (f) Turbidity -- A condition of a liqui~ due to a fi~e visible material inl-~ suspension which may not be sufficient ~ize to be se~n as dual particles by the n~ked eye bnt~ whicl~ prevents the passage of light?? through the liquid. (g) Yield ~ The quantity of water' flow'~ (gallons' per minute or p_e~ hour)ii which can be collected {pumped)~[! from the well. / - ~l~e. al. Ct~g~ter 26, Ordi- CHAPTER 8lA ORDINANCE NO. 60-6 AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS, PROHIBITING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS, AUTHORIZING THE IMPOUNDING AND DESTRUCTION OF DOGS, PROVIDING A PENALTY AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The Village Council of the Village of New Hope Ordains: Section 1. Definitions. As used in this ordinance, unless the context otherwise indicates: (a) "Dog" shall be intended to mean both male and female. (b) "Owner" shall be intended tO mean any person or persons, firm, association or corporation, owning, keeping or harboring a dog. (c) "At large'~ shall be intended to mean off the premises of the owner, and not under the control of the owner or member of his immediate family either by leash, cord, chain or otherwise. (d) "Village veterinarian" shall be a doctor of Veterinary Medicine appointed by the Village Council to perform such duties relating to animals within the Vi}lage and at such pay as shall be established or approved by the Village Council. Section 2. License and Re$istration Required. Ail dogs kept, harbored or maintained by their owners in the Village of New Hope shall be licensed and registered if over six months of age. Dog licenses shall be issued by the village clerk upon payment of a license fee of $2.00 for each male or spayed female, and $3.00 for each unspayed female and upon receipt by the village clerk of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 15. Such license shall be for the whole or unexpired portion of the year in which the same is issued and shall expire on December 31st following. Dog licenses shall be issued free of charge as to dogs properly trained to assist blind persons and actually used by the blind persons for the purpose of aiding them in going from place to place. Section 3. Ta$ and Collar. Upon payment of the license.fee, the village clerk shall provide and furnish for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the dog, the words "New Hope", and the year when licensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate or new tag will be issued by the village clerk upon proof that such dog was licensed, and the payment of $.25 for such duplicate. Dog tags shall not be transferrable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner's leaving the village before expi- ration of the license. Section 4. Running..at Larse. No dog shall be permitted to run at large in the Village within any r~'Orded plat or subdivision of the Village, Or in Auditor's Subdivision No. 226, Registered Land Surveys 100, 255 and 371~ o~ ~,w V~c~3~ ~z~v~ p~o~,~zz}5 ~,~ ~C /~< ~egtio~ 5~ .~mpounding. It shall be the duty of the poundmaster and eVery police officer to apprehend any dog found unlicensed, or any dog running at large contrary to Section 4~ and to impound such dog at the village pound or other suitable place. Section 6. Notice. Notice of impounding shall be given to the owner of the dog. In case the owner is unknown, written notice shall be posted at the village hall that if the dog is not reclaimed within five days of the posting of the notice, it will be sold or killed. The notice of impounding shall be in substantially the following form: NOTICE OF IMPOUNDING DOG. Date , 19 TO WHOM IT MAY CONCERN: I have this day impounded in the pound of the village at a dog answering to the following description: Sex Color Breed Estimated age NOTICE IS HEREBY GIVEN, that unless such dog is claimed and redeemed on or before , 19 o'clock . m. on the day of , the same will be sold, killed or otherwise disposed of as provided by ordinance. Signed: Poundmaster (or Poundkeeper) The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, the impounding fee, and all other costs and charges incurred by the Village of New Hope for impounding and main- -teu~n¢~ of said dog. An impounding fee of $5.00 and a charge of $1.00 per day for feeding shall be charged for any dog held at the pound, provided however, that when an employee of the Animal Rescue League of Hennepin County is called by the poundmaster or any police officer to aid in apprehending any dog, the impounding fee shall be $10.00. Section 7. Disposition of Unclaimed Do~s or Infected D0~s. Any dog impounded shall be kept for at least five days unless sooner reclaimed -2- by the owner as provided above. If the dog shall not have been redeemed at such time, it may be destroyed or sold, provided that such dog shall not be sold. for less than the aggre§ate amount provided in Section 6. All dogs which appear in the judgment of the Village Health Officer or in the judgment of the Village Veterinarian to be suffering frOm rabies or affected With hydrophobia, shall not be released but shall be killed by the poundkeeper and such disposition made of the remains as shall be directed by the Village Veterinarian. Section 8. pnclaim~d.Do~s for Scientific Purposes. Whenever a~y licensed educational or scientific institution under Minnesota Statutes, Section 35.71, shall request the poundkeeper for permission to use, for reaearch purposes, any impounded dog or dogs, any impounded dog or dogs' remaining unclaimed shall be surrendered to such institution. Section 9. Confinement of Certain Do~s. No dog of fierce, danger- ous or vicious propensities shall be allowed to run at large or on the premises of one other than the owner. Any dog which has bi~ten a person within 60 days preceding impoundment or other disposition hereunder shall, for purposes of this ordinance, be considered a dog of fierce, dangerous or vicious propensities. If any dangerous, fierce, or vicious dogs so found at large cannot be safely taken up and impounded, such dog may be slain by the poundmaster or any policeman. Any dog which is the subject of proceedings as described in Section 10 may be confined by order of the Justice of the Peace issuing the summons and the impounding and feeding , charges shall be paid by the owner or persons having possession of the dog, the complainant, or by the Village, as shall be determined by the Justice of the Peace upon the hearing on the order to show'cause. Section 10. Proceedinss for Destruction of Certain Doss. Upon sworn complaint to the Justice of the Peace of the Village, that one of the following exist: (a) That any dog at any time has attacked or bitten a person; (b) That any dog is fierce, dangerous or shows vicious propensities, or molests pedestrians or interferes with the driving of automobiles on the public highways; said justice of the peace shall issue a summons directed to the owner or persons having possession of said dog, cormmanding him to appear before said justice and to show cause why such dog shall not be killed by the poundkeeper, poundmaster, or any police officer, or otherwise disposed of as authorized in this ordinance. Such summons shall be returnable not less than two nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the 3ustice of the Peace may either order the dog killed or the owner or custodians may remove it from the village, or may order the owner or custodians to keep it confined to a designated place. If the owner or custodian disobeys such order, he shall upon the filing of a complaint, and after hearing and conviction before a Justice of the Peace, be liable -3- to the punishment provided for a violation of this ordinance, and any poundmaster or police officer may upon disobedience of said order, im- pound and slay any dog described in such order of the Justice of the Peace. The provisions of this section are in addition to and supplemental to other provisions of this ordinance° Section 11. Muzzlin8 Proclamation. Whenever the prevalence of hydrophobia or rabies render such action necessary, to protect the public health and safety, the mayor may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the poundmaster or any police officer, without notice to the owner. Section 12. B~ting Dogs~ Whenever any person owning, possessing or harboring any dog within the corporate limits of the Village of New Hope shall learn that such dog has bitten any human being, such person shall i~.mmediately impound said dog in a place of confinement where it cannot escape or have access to any human being or other animal and shall also immediately notify the Chief of Police. Whenever the Chief of Police shall learn that any human being hap been bitten by any dog within said Village, he shall ascertain the identity of such dog and the person owning, posses- sing or harboring it and shall immediately direct such person to forthwith impound such dog as herein required. Any dog so impounded shall be kept continuously so confined for a period of fourteen days from the day the dog bit a human being° Upon learning that a dog has bitten a human being, the Chief of Police shall immediately notify the Village Health Officer and inform him of the place where the dog is impounded° It shall be the duty of the Village Health Officer to inspect or cause to be inspected by the Village Veterinarian said dog from time to time during its period of fourteen days' confinement and to determine whether such dog is infected with rabies. For this purpose he shall have access to the premises where such dog is kept at all reasonable hours and may take possession of the dog and confine it in the Village dogpound or other suitable place at the expense of the owner. The owner or person in possession or harboring such dog shall immediately notify the Village Health Officer of any evidence of sickness or disease in the dog during its period of confinement and shall promptly deliver its carcass to the Village Health Officer in case of its death during said period. No dog which has bitten a human being shall be released from impounding until authorized to do so in writing by the Village Veterinarian, said release to be filed with the Poundmaster. Section 13. Establishment of Pound. The Animal Rescue League of Hennepin COUnty is hereby designated as the village pound for the purpose of placing this ordinance in effect. The director of said league shall be deemed the poundkeeper, and the chief of police shall be deemed pound- master. The ~illage Pound, Village Poundkeeper or Poundmaster may hereafter be changed by resolution of the Village Council. -4- Section 14. ~ecords? The poundmaster shall keep an account of dogs impounded at the village pound, and of their disposition.. He shall turn over such accounts to the village clerk from time to time, or upon request of the village clerk. Section 15. ~b~es Vaccination. No license shall be granted for a dog which has not been vaccinated against rabies as provided in this section during the 90-day period preceding the making of an application for such license except that when a dog is first licensed for an entire year hereafter, the license may be issued if the dog has been vaccinated within a period of six months preceding the application for a license. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. Section 16. ~epeal. Ordinance No. 55-4, Chapter 81 of the Village of New Hope is hereby repealed. Other ordinances insofar as they may be inconsistent with the provisions of this ordinance are also repealed. Section 17. $.eparability o f Provisions. It is the intention of the Village Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Village Council that if any provision of this ordinance shall be declared invalid, all other provisions thereof shall remain valid and enforceable. Section 18o Effective Date~ This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this day of ..~g~5 7~ ~ , 1960. Clerk Published in the North Hennepin Post this day of ~z~/~, 1960. 0 -5- . N'~o 90-0 .... SECTION. 17;' Ptumbing..No water shall ~ Cha~ltel' 1~'o $9 b:4 iurne~ :~on for ~ervlce in premises h~ } ~. . ' ' .. . -' wh[ch:~{he plumblng, does no~ comply w/th ~ ~_,&~_~--_ "~ '~a~.' I th~'prdi~n*es [of'the Village; provided, ~ffi: .~1~ R-~ .~. ,lfliat;~a~ir may( be turned on ~or constmc- ~O~g~M~ ~D..~' .]tibn. mork in u~finlshed building ..... bject *vX~'" ~ ~ ~ w~' ~*~it° ~rovislons 6f this ordinance. After giv- IAUAI.'~' l~, ~l~ ~l~l~'miing read'able .notice the Superintendent , OF THE VILLAGE O~ ~,' m~} .sh,t' o~' the au~ly of water to any . '~O. pg,. ESTABLISHi~G~[ ~'~ . [epn~umcr .~¢b}ufi~ of any *~ta~tial viola- ~ULG~YING REGULATIONS .Ib¢,n crier,trial ~nd th& Superintendent or '~V~m~,~ ~II~T~IT_.. { thc. Vii!age Co,ell has ordered the water W~T~ 8~8T~ ~O~. SECTION 13'. Checkval~*s. Checkvalves ~ON8 A~D 8ERVI~8;:~AFFIX. ar( red,ired' fin. all water connections to 'INa W~TER RATE~ Ia BE iteam~ilers or on any other connection ~ · ~" ~ '~ ~' deemS' ~ the Superintendent to require uHaaflgD t~D P~gSgalnI~ one; ~a'fe(y' knd release valves shall be ,~g]~llg8 FOa VlOLI~O] plicea on:al! bbilers, or other steam appara- - TH~B=~F . [tus,c$fine.cted ~tth the water system where ~' ~ ~ ~ t. ,~ th~' steam pressure may be raised in excess ' . ,. ~,.- ,.. '].' ' fbi 50 ]~S. per 'square inch. , ~illi~ Of ~*W 'HOp* ~ I SECTION' 14 Use o/ , Water During -- ' ~ ]Fires,' It is hir~by- declared to be uMawful THE VILLAGE COUNCIL OF THE]for afiy Ders6:i' in this Village or an~. per- VILLAGE OF NEW HOPE ORDAINS· {soft bwnin~ or o~euping premises connected ARTICLE I ' '' [to 'the titanic;pal water, system to use or ; G~NERAL PROVISIONS ' {alldw 'tp'be u;~ during a fire. any water ~ SECTION 1. Title a~d ,~gi~blishm¢~i ~ from: said w~ter;sypte~, 5xcept for the pur- t~ate~' Department. ~his OrdinanCe: ma pose of extt~ulshm[ smd i~re, and upon i.be eeferred to as ihe "Water Ordihagce ¢ the sounding' .of ,'a fire alarm, it shall be /the Village lot New Hope." Tfiere is .heres the' dufy~qf every Sueh. p~rso~.t%see t~at,all es~bli~hed a ~[ater Department ;for. ,'t~ water se?lr3$ are,ttght~ Clo~ea, aha that 'Village ~f New ~ope. The ~e~$ys~em~ ~ pq ~t3[~ :$ uses .except,x?. necessary ~the village; as it is now ,c~ta~ed'. e Oouseabm purposes or essensmi to commer- IshaH her~fter, as the Village C:oundit~'ma cial operations during said f~re. fro~, tim'e: t0 tfme direr be .enl~g~d ~ ' SECTION' 15. Coi[tinuoug ~low ProMS' e~ended, shall he' op~rat~ :and maintaige tied. ~n fird~ ~o.prev~nt.wast~ or excessive under ~he provision& of:t~a o~inance,.~ul uae oz, water or irregularity ox pressjre, no iedt to the ant mr'ty o{~t e'.Villa~ Coune: - at afl~ time;to amend, alter,, c~anRe~.or ri 2. Cou~tcik T~he Vil.- shall av any time, re- sion when he shall and to Vii' ~' to time Appoint -as'.' SupEr ntendent ol the Water and to receive ~a$ Shatl be to the water mentsyof all e.{{sting : ant. ~(oi'ks a~' well ai *o. new · ' works. 5. o£ [ be made eonfi: - Of the suspension, and the time and which shall be detrimental to ..ra'tldn-of 'the water system and the other consumers. 'rgen (es 'and .Repairs, , hereby authorized to ~e supply Of water, in .and to shut off the repairs, or extensions~ the j;adge of the t~me and neces- of Water. any d&fici'en¢ y water to ., purpose of for any other (~et~t ~o Regulation. for ~;ater service zyst¢~31, alta r which such be' deembd by to ~11 r'ules reg- rates-contained in the ofdi- Village,. aud to all modifica- I rules~ regulations and here'a'fter. ~9. Installation. All service curb box to the premise~ i-nstalled by, and at the cost the property to be served. shall 'be under' the in- All repairs for connection with shall revoke a fixed: existence and- Size. Service less than 7 feet maifi to the in':all cases so arranged or dams be for pe alUbther eases it shall be of thc smallest size Such service main to' the North Hennepin Post Thursday,. March 24, 1990 SECTION 31. Water Rates. Water ings shall be concurrent with sewer bill- ings. The rates for water, furnished to con- 3N sumers by the municipal water system sl~all be as follows. a. Single Family Reside~ce. all) The minimmn quai:terly charge shall be $9.00 for each cmmection. (2) The first 30,000 gallons metered dur- ing each quarter shall be bitted at the rate of 35c per 1.000 gallons; ali water metered thereafter for the quarter shall be billed at the rate of 30c per 1.000 gallons. ~MultipleDwellin~s. ~ The minimunz quarterly charge shall $9.00 for each housekeeping milt. Rates for each housekeeping unit shall be cmnputed on the same basis as for & single-family residence. (2l Where a multiple dwelling has on~ meter, which shall be read quarterly, .the same rate as specified m paragraph 3la shall apply, except that the reduction of rate from 35c to 30e per gallon shall take effect on all gallons metered in ex- cess of 30,000 gall, on times the number of housekeeping-units in the dwelling. c. Schools. The rates shall be 30c per 1,000 gallons, d. Fire Protectio~ Hydrants. There shall be an aroma] charce of $$O for each private fire hydrant. All private hydrants shall be installed at no expense to the Village, and shall be approved as to plans and spe¢ificatiohs by the Village, and all ~uch construction shall be inspected and approved by the Village, and all eost~ thus incurred by the Village shall, be rcim- bursed to the Village by the owner of th~ property. e. Miscellaneo,s. The rare provided in section a abov~ y: tern unless either covered by s ~ >section of this section or where other rates have been provided for by a. written agreement between the cou~ and the Village Council. SECTION* 32. AccOunts i~* the Name o~ Property Owaer. All accounts shall be car- ried ir/ the name of the owner who per° sonalb,, or by his authorized agent, shall .apply for water service. Said owner shall M1 times be liable for water service con- sumed upon the premises whether he is Upon request of said qwner, the bill for water charge may be hilled-to the oc- cupant of the premises served, but said shall rmnain liable for the amount billed, together with interest and peualtie$ if any occrue. SECTION 33.~ Payment. All bills shall due and pa~'able when rendered. If nor made witbin 10 days of of the bill, a penalty of 10% or ever is greater shall be added hill. Tbe actual month of beginning shall be considered as having be£,un on the 1st or 15th of the month, whichever is ::lsior closer. VFater bills shall be considered to b~ default on tile 1st day of the month fol- Bold the' bill. SECTION 34. No*t-Payment. The water supply may be shut off from any premises for which the water bill remains unpaid and iii default. Wben shut oxff. the water shall not be turned on except upon th~ payment of the bill, together-with interest thereou at the rate of 69o, and payment in an atnount to be determined by the Council to cover costs to the Village Clerk for rearm'lng service. Provided. bowever~ that if the consumer of water whose bill is unpaid is not the owner of the' premises~ and the Village Clerk has notice of this~ then notice shall be mailed to the owner of the premiseg as indicated on the Village records, and the water supply shall not be shut off unless the bill with interest is not paid within 10 days after said notice is mailed. The Village Clerk will mail such notice within 20 days after the due date, ARTICLE tV. PUNISItMENT AND SEPARABILITY. SECTION' 35. Violations. Any person~ firm or eOrporati0n violating any provisio~3~ of lhis ordinance shall, upon convictidil by a fine not e~xceed- by imprisonment for ~ot ex° ,r each offense; 4nd scl>- be deemed committed day duri'ng-or on whi~ a violatiou 36, I~wdtldlty. It !~ the in- ot the Vi lage .Council thah-this .or- and every provision the~.e'of, sh.a{l separable; and the 'mvalid~ty . clause, provi~i.on or part o3' section, clause; or provisiott I the times herein stated has >er known as THE iVORTH that for more than one .~ear ..... attached, said newspaper was .'pin, State of Minnesota, on tare existed: 'n office of publication within sheet form equivalent in space issued once each week from a filled workmen and necessary m done in its known office of cmn has been devoted to local *d general news, comment ond )een entirely made up of pat- aid place of publication to the paying subscribers; it has had issue witch the State Histori- County Auditor of Hennepin acts, showing the name and its qualifications as a legal ts of said newspaper, and .... successive weeks; ...... ..~...~....~ .... da, hursday of each week to ~nd .............. 19 ...... , ~nd both inclusive, and is hereby d publication of said legal or ~,ONFLICT THERE- WITH. Village o~ New Hope ~ The Village Con, ell o~ the Villag~ ew Ho~e Ordains: ' (a)"D~'' shall be intended ta mean ~ both male and female. ~ (b) "Owner" shall he qhteaded to mean n~ any ~son or Dersons~ firm,' associa- oo~ tion or '~rooration, owning, k~eDin~ '~ h~borin~ a dog. · ~ (c) "At lar~" ' shall be intended ~ mean off the premises of the owner ~ and not under 'the' control of the owne: or member of his immediate family ¢~her by leash, cord, chain or other- '~Village veterinarian" shall be a octor of Veterinary Medicine appoint- Village Coundl to ~erform relating to animals within and at such ~ay as shall or a~prov~ by th~ Vil- ' Council. LICE~'SE A~D REGIS- ~EQUtRED All dogs kept, their owners in ~ew Hope shall, be licens~ if over ~x~ months of age. shall be issued by the Village of a license fee t s~ayed female, and 'ed female and a~on of a c~tificate that to~ be licensed has been ~ven a n against rabies in compliance Seclion 15. Such license shall ' be the whole or unexpired ~ortion of year in which the same is issued shall expire on December Mst fol- lowing. Do~ licenses shall' be issued free ;~of charge as to dogs properly trained to assist blind ~ersons and actually used for th~ blind persons for,the ~urpose of aid- 'lng them in going from place to place. ~ SECTIO~ '3. TAG A~D COLLAR. t~]UVon ~aymen~ of the license fee, the ~village clerk shall provide and furnish for each licensed dog, a metMlio tag upon which,there shall ~ stamped or ~raved the registered number of the dog, the words "~e~ ~o~" and the year when licensed. Every owner' shall be resulted to each dog with a c611ar to which tnt license ta~ must be affixed, an~ ,shall see' that the, collar' and tag are constantlF worn. Xn case a ~og tag is lost, or de- ,toyed, a duplicate or new tag 'will' be issued b~ the village clerk upon Drool that such dog was licensed, and the ~ayment pt $.25, for such duplicate. DOg ta~s not be transferable from o~e' dog lc qanother and'no refunds shall be ma~e ~on ~ny dog license fee because of death ~o~' t'he dog or the owner's leaving ~village before exDiratlon of the SECTIO~ 4. RU~I~G' A~ LAROE. ~o dog shall be vermitted to run qarge in the Villace within any recorder plat or subdivi~on of th~ Village, or i~ Auditor's Subdivision ~o. 226, Re~st¢ret Land Surveys '1~0, 255 and 371. Or o~ illag~ owned ~pDert~, or on, any ~ubtic, rochial, 0r' ~rivate school property. ]SECTIO~ L IMPOUNDING, I~ shall ~e the duty of the Voundmaster and ~very, police officer to apprehend any dog [f6und unlicensed, or a~y dog running at ~arse contrary to Set,on 4, ~d to ]vqund such dog ~t the village po,und ]~er suitable ~lace. ~ SECTIO~ 6. NOTICE. ~otice of ira- shall be given to the owner of In ca~e th~ owner is' ~known, marion killed by the voundmaster or any officer, without notice to the own- SECTION 12. BITING DOGS. When- any hereon owninm possessing or at'ely impound said dol~ in a place of eon- finement where it cannot eseane or have access to any, human bein~ or other animal and shall also immediately notlfv the Chlcf of Police. Whenever the Chief Police shall learn that any human beb~ bas been bitten by any do= within said Village. he shall ascertain the identity such dogs and the,person owning, posses- sing or harboring it and shall immediately direct such persons to forthwith impound such dog as herein required. Any dog so impounded shall be kept continuously so confined for a period of fourteen days from the day the dog bit a human be- ing. IYpon learning that a dog ha~ bitten a human being, the Chief of Police shall immedigtely notify the Village ttealth Officer anct inform him of the place where the dog is impounded, It shall be duty of the Village Health Officer to in- spect or cause to be inspected by the Village Veterinarian 'said dog from time to time during its period of fourteen days~ confinement and to determine whether such log is infected with rabies. For this ~urpose he shall have access to the remises where such dog is kept at all ea~on~ble hours and may take possession d the do~. and confine it in the Village dogpound or other suitable ~laee at the expense, of the owner, The owner or person m possession or harboring such dog shall immediately notify the Village Health Officer of any evidence of sick- Officer in case of its death during said l~riod. No dogs which has bitten a h(lman bein~ Shall be released from imnoundin~r. until authorized to do so in writing by the Village Veterinarian, said release to be filed with~ the Poundmastdr. SECTION 13. ESTABLISHMENT O~ POUND. The Animal Rescue League o~ Hennepin County is hereby designated as the village pound for the purpose of plac- ing this ordinance in effect. The director of said league shall be deemed the ~ound- keeper, and th_e chief of police shall he deemedr ~ound-mastei'. The Village Pound. Village Poundkeeper or Poundmaster may hereafter be changed by resolution of the Villa~:e Council. SECTION 14. RECORDS. The pound- master shall keep an account of dogs im- pounded atAhe village pound, and of their disposition. He~ shall turn over such ac- counts to the village clerk from time to time, or .upon request of the village clerk. SECTIO~ 15. RABIES VACCINA- TION. No license shall be granted for a dog which has not been vaccinated against rabies as provided in this .section during the 90-day period preceding the making of an application for such license except that when a dog is first licensed for an entire year hereafter, the license may hs issued if the dog has been vaccinated within a period of slx months preceding the application for a license, Vaccination shall be performed only by a doctor quali- fied to practice veterinary medicine in the state in which the dog is vaccinated. SECTION I~, REPEAL. Ordinance No. $5-4, Chapter gl o~ the Village of New Hope is hereby repealed., Other ordinances insofar as they may be incon- sistent with the provisions of this ordin- ance are also repealed. SECTION 17. SEPARABILITY OF PROVISIONS. It is the intention of the Village Council 'that each separate provi- sion of this ordinance shall be deemed independent of all Other provisions herein, and it is further the intention of the Village that if any provision of this or- shall be. declared invalid, all other thereo~ shall remain valid .and EFFECTIVE DATE. This force and HENNEPIN POST PUBLICATION that he is and during all the times herein stated has publishers of the newspaper known as THE NORTH thc facts herein stated; that for more than one year .~-?..-. .............. hereto attached, enid newspaper was in the County of Hennepin, State of Minnesota, on the following conditions have existed: ish language from its known office of publication within tbove stated in column and sheet form equivalent in space ro inches wide; it has been issued once each week from a ation and equipped with skilled workmen and necessary press work thereon has been done in its known office of ,e per cent of its news column has been devoted to local ~ts to serve; it has contained general news, comment and r publication and has not been entirely made up of pat- circulated in and near its said place of publication to the pies regularly delivered to paying subscribers; it has had ; has filed a copy of each issue wi~h the State Historl- file in the office of t~he County Auditor of Hennepin aping knowledge of the facts, showing the name and the conditions constituting its qualifications as a legal d was cut from the columns of said newspaper, and was age once each week, for.~.."'"~.....successive weei~; ................................. ./..Yza!..da, of · ~., and thereafter on Thursday of each week to ~nd ,. day of ............................ 19 ...... , and lse alphabet from A to Z. both inclusive, and is hereby aed in the composition and publication of said legal or tuvwxyz--~-pt. Oldstyle tuvwxyz~6-pt. Devinne ~vwxyz~?!4-pt. Excelsior rwxyz.---7¥g Memphis Bold y, Mlnn, NO. CttAPTER. NO. ~.X'~ AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS EXCAVATIONS AND EXCAVATIONS FOR BUILDINGS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The Village Council of the Village of New Hope Ordains: Section 1. Definition. For purposes of this ordinance, the term "dangerous excavation" means any excavation or basement on private property which is not filled to grade or otherwise protected after a building is destroyed, demolished, or removed. The term "person" means a natural person, co-partnership, corpo- ration, firm, or association of persons. Section 2. Nuisance. The maintenance or existence of a dangerous excavation, or the maintenance or existence of an excavation for building, whether or not completed, which is left open for more than six months without proceeding with the erection of a building thereon, in premises within the village, is declared to be a nuisance. pg.ction 3. Order to Abate. When any dangerous excavation, exists in the Village, or an excavation for building purposes, whether or not completed, is left open for more than six months without proceeding with the erection of a building thereon, the Village Council may order the excavation to be filled or protected or in the alternative, that erection of a building begin forthwith. Such order shall require compliance thereto within fifteen days. Section 4. Service of Order. The order shall be served upon the owner of the p~emises. The person ordered to abate the nuisance may have a hearing before the Village Council. A request for the hearing must be made in writing, and filed with the Village Clerk within the time stated in the order, or it will be conclusively presumed that a nuisance exists. The hearing will be held before the Village Council at a time and place fixed by the Council. The finding of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time, not to exceed fifteen days. Section 5. Penalty. Any person violating any order issued under the provisions of this ordinance is guilty of a misdemeanor and punishable by a fine of not to exceed $100.00, or by imprisonment for not to exceed 90 days for each offense. Each day that such violation is permitted to continue constitutes a separate offense. Section 6. Abatement. If the owner of the premises fails to comply with the order within fifteen days after the order is served upon him, or within the time specified by the Council after hearing, the Council may cause the excavation to be filled or graded or protected as it deems public health and safety require. Section 7. Waiver. The abating of any nuisance by the Village shall no~be deemed Or' construed as a waiver or approval of anY,ViOlatio of'the provisions of this ordinance, nor shall it preVeht cr~inalP~o-.. secution of the Violations. Criminal prosecution Of viOiatlohS Shall not limit or bar the right of the Village to abate a hUisance~ Section .~, Administrative Liability. No office~, agent or employee-0f 'the Villageof New Hope~shall ~ender himself personally liable for any damagethatmay occur to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or emPloyee of the Village of New HoPe as a result of any~act requi~ed or permitted in the discharge of his duties under this O~dinance shall be defended by the village until the final determination of the proceedings therein. Section 9. ya!idity,. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not effect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 10. Effective Date. This ordinance shall be in full forc~ a~after ~ Passage arid publication. (Seal) Published in the North Hennepin Post this/~' day of ...(.~,~/Z~z~/, 1960. · ~ -2- .before Violating not-to fdr not toke×ce E~ch day-:!that to of the upon nuisance t~e ADMINISTRATIVE to persons or em any 'TO' AN-' EXCAVATIONS FOR BUILD- INGSi:AND PROVIDING A PEN- AL'T~Y.FOR ¥I0LATION THEBE- 'Village of NeW Hope of <'the Village )rdinan6e, means a:nat,uraI per- corporation, firm, ANCE. The main- e maintenance or an ' fdr 6uilding, whether or 'is left open erection within the Village, ~uisance. ' . SEc~rlo~N'; 3.: ORDER TO AB any dangerous or THE NORTH HENNEPIN POST FIDAVIT OF PUBLICATION 88. on oath says that he is and during all the times herein stated has the publishers of the newspaper known as THE N~ORTH of the factsherein stated; t~at for more than one year attached, ~id n~wep&per was in the Couuty of Henuepin, State of 3/~innesota, on the following eondltlons have ~xisted: roi the misdemeanor that the the order be served The A to~ a re~}~onable time, is cause the or I . in the English language from its known office of publication within to be issued as above stated in column and sheet form equivalent in space column, two inches wide; it has been issued once each week from a for publication and equipped with skilled workmen and necessary the same; the press work thereon bas been done in its known office of than twenty-five per cent of its news column has been devoted to local which it purports to serve; it has contained general news, comment and ed any other publication and has not been entirel}, made up of pat- it has been circulated in and near its said place oI publication to the rty (240) copies regularly delivered to paying subscribers; it has had cai postoffice; has filed a copy of each issue wieh the State Histori- has been on file in the office of ~he County Auditor of Hennepin a person having knowledge of the facts, showing the name and existence of the conditions constituting its qualifications as a legal hereto attached was cut from the columns of said newspaper, and the English language once each week, for...~..~...successive we~-' on Thur,day, the ................................... .~.' .~....d, of 19.~..4., and thereafter on Thdrsday of each week to and ... day of ............................ 19 ...... , and ~!copy Df the lower case alphabet from A to Z, both inclusive, and is hereby and kind of type used in the composition and publication of said legal or ,he Village · agegt Hope :' ADMINISq~RAT!VE agent or l~0pe shall for any dama~_~ to persons or property, a,~ · [ or permxtte~ les Under thii against an the' Villai~ of any abcdef~hij klmnopqrstuvwxyz--6-pt. Oldstyl~ Devinne Excelsior Memphis Bold of. ~ .......... , A.D.. 1~ ....... to be invalid. )N' IO. EFFECTIVE DATE; Sial be in full force ani BENNETHUM er its passage and publication' by the Cou;~cil this 9th day O; Ilf~S Mar. g7~ 196Fi 960; CHAPTER 60 ORDINANCE 60- 9 · AN ORDINANCE PROVIDING FOR CIVIL SERVICE PERSONNEL SYSTEM IN THE VILLAGE OF NEW HOPE. THE VILLAGE COUNCIL OF NEW HOPE ORDAINS: Saction 1. Definitions. Subdivision 1. Unless the context other- wise requires, the words and phrases defined in the following subdivisions have the meanings there ascribed to them. Subd. 2. "Appointing Authority" means the official, employee, council, board or commission empowered by statute, or ordinance to make an appointment to the position referred to in the context. Section 4. Subd. 3. '~oar~'means the personnel board provided for in .... ~ "Classified Service" means the positions covered by the Subd. 4. Merit System. Subd. 5. '~mployee" includes an officer, employee, or other holder of a position in the village. Subd. 6. '%{erit System' means the method provided by Minnesota Statutes, Chapter 44, this ordinance, and r~les adopted thereunder for the employment, promotion, dismissal and discipline of municipal employees. Subd. 7. "Position" includes any office, employment, or place in the municipal service that may be filled by an employee. Section 2. Establishment. Subject to approval of the voters under Section if, the Merit System is hereby established. Section 3. Classified Service. Subd. 1. Every employee for offices and positions in the village employ, now existing or hereafter created, shall be in the classified service except the following: (a) Any officer chosen by popular election or appointed to fill a vacancy in an elective office. (b) Any official reporter, bailiff, or other employee appointed by any local court, or judge or justice thereof. (c) Members of any board or commission provided for by statute or ordinance. (d) Village manager, if any. (e) The employees expressly excluded by Subd. 2 of this section. The following employees are expressly excluded from the classified service: a. Volunteer firemen. b. The village engineer, attorney, deputy clerk, building inspector, assessor, health officer and treasurer.~ c. Every employee whose compensation from the village is fixed at less than $200 a year~ d. Every employee hired by the day or week to perform unskilled ~r semi-skilled labor. e. Seasonal employees. f. Any person employed in a professional or scientific capa- city to make or conduct a temporary or special inquiry, investigation, or examination on behalf of the council or any agency of the village. Section 4. Personnel Board. Subd. 1. There is hereby created a personnel board consisting of three members who shall be appointed by the mayor with the consent of the council. Each m~mher shall serve for a term of three years, except that of the members first appointed, one shall be appointed for a term of one year, one for a term of two years and one for a term of three years or until the expiration date, each expiring on December 31st; and each shall serve until his successor is ap- pointed and qualified. The first members shall be appointed within thirty days after the ordinance takes effect. The members may be removed by the mayor, with the consent of the council, for cause after written notice and an opportunity to be heard. No member shall hold any other municipal position. Before entering upon his duties each member shall subscribe and file with the village clerk an oath for the faithful discharge of his duties. A chairman shall be elected under such rules as the board may adopt. Subd. 2. The board shall hold regular and special meetings as provided by its rules. Ail meetings and hearings shall be open to the public. Two members of the board shall constitute a quorum. Members shall serve without compensation but shall be paid all necessary expenses. The board shall select a secretary to serve at its pleasure. The secretary may be a member of the board or an employee of the municipality. The board may authorize the payment of compensaticm to the secretary in a sum not to exceed $100 a year. Section 5. Classification of Position. The board shall, as soon as practical, after its appointment and organization and after consultation with appointing authorities and principal supervisory officials, grade and classify all positions in the classified service, according to the duties and responsi- bilities of each position and appropriate lines of promotion and it shall allocate each position in the classified service to the appropriate class therein. The titles in the classification system shall be used for original appointments, promotions, payrolls, and all other personnel records, and rates of pay shall be fixed according to the grades of positions established in the classification plan. The board shall prepare amd maintain an employment roster on which there shall be entered in their respective classes of -2- employment, the names, ages, compensation, period of past employment and such otl~er facts with reference to each employee in the classified service as the board seems useful. Section 6. Procedure for Appointments. Subd. 1. Every employ- ment or promotion to a position in the classified service shall be made after a competitive examination given by the board or under its direction as provided in Section 7. Subd. 2. The board shall, as the need arises, prepare and maintain lists of eligibles for classes of positions in the classified service in accordance with their standing in examinations, taking into account the credit given war veterans by M_innesota Statutes, Section 197.45. Subd. 3. Whenever a vacancy occurs in a position in the classified service, the appointing authority shall notify the board of the vacancy. The board shall certify to the appointing authorities the three names standing highest on the appropriate eligible list. If two or more vacancies are to be filled in the same class, the board shall certify two or more names in the vacancies to be filled. The appointing authority shall appoint one person from thenames so certified to fill each vacancy. SUbd. 4. An appointing authority may, to the extent authorized by the rules of the board, temporarily employ persons upon eligible lists but without regard~to rank thereon for a period not to exceed ninety days in emergencies and may provisionally employ persons for not more than ninety days when necessary because of the lack of eligibles on the eligible list. No person~r~shall serve as a temporary or provisional employee for more than ninety days in any calendar year. Section 7. Examinations. Subd. 1. Every examination shall be impartial, fair and designed only to test the relative qualifications and fitness of applicant to discharge the duties of the particular positions for which it is designed. No questions in any examination shall relate to the political or religious convictions or affiliations of the applicant. Ail applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for positions requiring special experience, skill or faithfulness shall be especially examined in respect to these qualifies. Within these limits, the board may make use of any appropriate testing technique, including oral examinations or interviews. Subd. 2. Public notice of the time and place of an examination shall be given by one publication in the official newspaper of the village at least ten days in advance of the examination and by posting for similar periods at the village hall and in two other public places in the village. A written notice shall also be mailed in advance of the examination to each person who has submitted his application for the position to the board before public notice is given. Subd. 3. It shall be the duty of every employee of the village to act as an examiner at the request of the board without additional compen- sation for such service. The board may make use of other qualified persons who are not employees of the village to act as examiners. -3- Section 8. Dismissals and Suspensions. Subd. 1. No permanent employee in the classified service shall be dismissed or suspended without pay for more than thirty days, except for just cause, which shall not be religious, racial or political. No such action shall be taken except after the employee has been given notice of the action in writing. A copy of the. notice shall be transmitted to the board. Upon written request made by the employee within fifteen days after receipt of such notice, the ap- pointing authority shall file the charges of inefficiency or misconduct on which the dismissal or suspension is based, with the employee concerned and with the secretary of the board and a hearing shall be held by the board thereon after ten days written notice to the employee of the time and place of the hearing. Action of the appointing authority shall be final if no such written request is made within fifteen days after receipt of the notice of dismissal or suspension. Subd. 2. The hearing on the charges shall be open to the public and each member of the board shall have the power to issue sub- poenaes, to administer oaths, and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the in- vestigation. The board shall require by subpoena, the attendance of any witness requested by the employee who can be found in the county. The board may make complaint to the DistriCt Court of disobedience of its subpoenaes or orders and the Court shall prescribe notice to the person accused and require him to obey the board's subpoena or order, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the District Court, except that any officer, agent, or employee of the village who receives compensation shall not be entitled to fees or mileage. Sub4. 3. If, after the hearing, the board finds that the charges are sustained, the dismissal or suspension shall be final unless an appeal to the courts is taken as hereinafter provided. If the board finds that the charges are not sustained, the employee, if he has been suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the periods of suspension; if he has not been suspended, he shall be continued in his position as though the action had not been brought subject to the right of the appointing authority to appeal as provided herein. Subd, 4. Findings hereunder and orders sustaining dis- ciplinary action or compelling reinstatement shall be in writing and shall be filed within three days after the completion of the hearing among the records of the board secretary, the secretary shall give written notice of the decision to any employee concerned and to the appoint- ing authority. Subd. 1. Section 9. Appeals./ The employee or the appointing authority may appeal to the District Court from an order of the board concerning the employeels dismissal or suspension without pay for more than thirty days by serving written notice of the appeal upon the secretary of the board within ten days after he has receivedwritten notice of the board's order. Subd. 2. Within five days after service of the notice upon him, the secretary shall certify the record of the proceedings, including all documents, testimony, and minutes to the clerk of the District Court. -4- The clerk shall then place the cause on the calendar for determination at the next General Term of the Court to be held at the nearest place in the county where the village is located. The question to be determined by the Court shall be: 'Was the order of the personnel board reasonably supported by the evidence?" Subd. 3. The employee or the appointing authority mmy appeal from the District Court to the Supreme Court in the same manner as provided for in other Court cases; but where the council is not the appointing authority, no appeal shall be taken by the appointing authority, without the consent of the council. Section 10. Mrobationar¥ Period. Every person holding a posi- tion in the classified service of the village on the effective date of this ordinance and every person subsequently appointed to such a position, shall serve a probationary period of six months. During this period he may be dismissed summarily without compliance with Section 8 but his dis- missal shall be in writing and reported to the board. Section 11. Rules. Subd. 1. The board shall, as soon as practi- cal after its appointment and from time to time thereafter, adopt rules consistent with this ordinance on the subjects enumerated and subsequent subdivisions of this section in order to carry out the purposes of this ordinance. Copies of the rules may be published in the official newspaper or made available at the office of the village clerk in printed form general distribution. If not so published, copies shall be posted in a conspicuous place in the village hall and in such other public places as the board shall specify, and no rules of general application with reference to employment, promotion, dismissal, or suspension shall be effective until so posted and published. Subd. 2. The board shall provide by rule for the classification of all positions in the classified service on the basis of duties and re- sponsibilities. Subd. 3. The board shall provide by rule for public competi- tive examinations, after public notice, to test the relative fitness of applicants for positions. Subd. 4. The board shall provide by rule for the creation and maintenance of lists of eligibles. No name shall remain on the eligible list for more than two years. SuRd, 5. The board shall provide for the rejection of candi- dates or eligibles who fail to comply with reasonable requirement of the board with respect to age, residence, physical condition, or otherwise, or who have been guilty of criminal, infamous or disgraceful conduct, or of any willful misrepresentation, deception, or fraud in connectimn wthh their applications. ~ubd. 6. The board shall provide by rule for certification of names to the appointing authority from the appropriate eligible list for appointment, promotion, or re-employment. -5- Subd. 7. The board may provide by rule for temporary and pro- visional appointments. Subd. 8. The board shall pr~ide by rule for promotion based on competitive examination, supplemented by records of efficiency, character, conduct, and seniority when a passing grade is obtained upon examination. Subd. 9. The board shall provide by rule for the suspension the appointing authority of any employee in the classified service for a period'of not to exceed thirty days for disciplinary reasons. Subd. 10. The board shall provide by rule for the lay-off, because of curtailment of work or funds, of employees in the classified service and for the conditions under which employees thus laid off shall be reinstated. Subd. 11. The board shall provide by rule for hours of work, holidays, attendance regulations, and the annual sick and special leaves of absence for positions in classified service. Subd. 12. The board shall provide by rule for the periodic check of municipal payrolls to determine if all employees being paid by the village have been properly paid and are entitled to such payment. Subd. 13. The board may adopt rules governing its own pro- cedure and such other rules not inconsistent with Minnesota Statutes, Chapter 44 and this ordinance, as may be found necessary to carry out the purposes of this ordinance. Section 12. Apportionment of Expenses of Certain Cases. Whenever the classified service includes employees who are under the jurisdiction of a board o~ commission with authority independent of the council to appropriate money and to pay bills, the personnel board's expenses incurred in recruiting such employees shall be paid by the independent board or commission concerned; and the board shall provide for the apportionment of general expense of the board between the funds of the council and the funds of the independent board or commission in proportion that the number of full-time employees of each in the classified service bears to the total number of full-time employees in the classified service. The council and each independent board and commission shall provide for the payment of all reasonable expenses of the board thus apportioned to it; and the council shall provide for the payment of all reason- able expenses of the board in all other cases. Section 13. Contracts with Other A~encies. With the approval of the council or independent board or commission responsible in the particular case for the payment of the cost incurred, the board may contract with the state or any other political subdivision, or any public or private agency, for the conduct of competitive examinations, for the formulation of classi- ficationplans Or for the performance of any other tgphnical service, in connection with the discharge of its duties under this Act. Section 14. Veterans Preference Law not Modified. This ordinance does not exclude or modify the application of Minnesota Statutes, Sections 197.45 and 197.46, known as 'The Veterans Preference Law". -6- Section 15. Penalties. Subd. 1. No applicant for examination, ap- ~ pointment, or promotion in the classified service of a municipality shall directly or indirectly give, render, or pay or promise to give, or render or pay any money, s~rvice or Other thing to any person for, or on account of, or in connection, with his examination, appointment or proposed appointment or promotion. Any person violating this provision shall be guilty of a misdemeanor. Subd. 2. No employee in the classified service shall directly or in- directly solicit or receive orbe in any manner concerned in soliciting or receiving any assistance, assessment, or subscription, whether voluntary or involuntary, for anypolittcal purpose whatsoever, or for any political party or affiliate. Anyviolation of this provision shall be cause for dismissal from tha service of the municipality. Section 16. Effective Date. This ordinance shall be sutm~tted to the people ofthe village for their adoption or rejection at the Election o~ ~ ~Ila~6~ If the ordinance is approved by a majority of the voters voting.on the question of its approval at the election, it shall go into effect thirty days after said election. It shall remain in effect until modified or repealed as provided by law. Adopted by the Village Council ofNew Hope, January 12th, 1960. Clerk Approved, Mayor Published in the North Hennepin Post on the 12th day ofMay, 1960. Adopted by the people at a Special Election on May 3rd, 1960 by a vote of 302 to 228. Clerk -7- Chapier 60 OrdinanCe 60-9 AN ORDINANCE PROVIDING FOR CIVIL SERVICE PERSONNEL SYSTEM IN THE VILLAGE OF NEW HOPE Villag~ of New Hope ITHE VILLACE'COUNCIL OF NE~V HOPE ORDAINS: SECTION 1. DEFINITIONS. Subdivi- [sion 1. Unless the context otherwise re- ~luires, the words and phrases defined in Ithe following subdivisions have the mean- :tugs there ascribed to them. Subd. 2. "Appointing Authority" means Ithe official, employee~ council, board or [commission empowered by statute, or ordi- [nonce to make an appointment to the posi- I;tion referred to in the context. - [' Subd. 3. "Board" means the personnel [board provided for in Section 4. [ Subd. 4. '~Classified Service" means the [positions covered by the Merit System. [~ Subd. 5. "Employee" includes an officer, [einPloyee, or other holder of a position in ~the village. | Sub& 6. '"Merit System" means the |method provided by 2Vllnuesota Statutes. |Chapter 44, this ordinance, and rules adopt- |ed thereunder for the eroployment, prone- |ties, dismissal and discipline of ~unicipal ]employees. [ Subd. 7. s'P&ition" includes any office, employment, or place in the municipal set- ,vice that may be filled by an emplOYee. SECTION 2. ESTABLISHMENT. Sub- i Cci to approval of the voters under Sec- itmn 17, the Merit System is hereby estab- lished. [ SECTION 3. CLASSIFIED SERVICE. :Subd. 1. Ever~., employee, for offices and positions in the Vil~ge employ, now exist- ing or hereafter erected, shall be in the classified~ service except the followin£': (a) Any officer chosen by popular cie. c- ties or appointed to fill a vacancy m an elective office. (b) Any official reporter, bailiff, er other employee appointed by any local court, or judge or justice thereof, ' (c) Members of any board or commis- sion provided for by statut>e, or ordi. nance. (d) Village manager, if any. (e) The employees expressly excluded by Subd. 2 of this section. The follow- ing employees are expressly excluded from the classified s~rvice: a. Volunteer firemen. b. The village engineer nitro'ney, dep- ~ uty clerk, building ½nspector, ~sses- sot, health officer and treasurer. c..Every employee whose~compensati0n from the village i~ fixed at less than ~$200 a, year. d. Every employee hired by the day or '. we~k to perform unskilled or semi- : skilled labor. · e. Seasonal employees~ f. Any person employed in a profes- sional or scientific capacity to make or :conduct a temporary or special inquiry~ investigation, or examma- ties on behalf of the council or any agency of the village. SECm~iO~4. PERSONNEL BOARD. Subd. l.'There is hereby created a person- del board consisting of three members who shall be appointed by the mayor with the consent of the council. Each member shall iserve for a te~m of three years, except ~that of the members first appointed, one ehalY bo appointed for a term of one year, one far a term of two years' and one for a term .of three ~ears or until the expiration ]~klate, each expiring on December 31st; and I~[each Shall serve until his successor is ap- ~pointed and flualified. The first members I~/~shall be appo/nted within thirty days after ~the ordinance takes effect. The members F may be removed by the mayor, with the consent of the council, for cause after ]~written notice and an opportunity to be I~hea~g4. No member shall hold any other [l~mtimcip. aI position. Before entering upon ii'his dat~es each member shall subscribe and ~file'~vith the village clerk an oath for the discharge of his duties. A chairman under such rules as the shall hold recular'and as prov'ided by its rules. and hearings shall be open to Two members of the board shall a qhorum. Members shall serve but shall be paid all The board shall select to serve at-its pleasure. The y be a member of the board or of the municiRality. The hoard ze the payment of compensa- te the secretary in a sum not to exceed 5. CLASSIFICATION OF The board shall, as soon as after its appointment and organi- after consultation 'with app. oint- ing~ authorities and principal sup. e.rv~so{y or suspension. Subd. 2. The hearing on the charges shall be open to the public and each member of the board sball have, the power to issue subpoenas, to administer oaths, and to com- pel the attendance and testimony of wit- nesses and the production of books and papers relevant to the investigation. The board shall require by subpoena, theat-- tendance of any witness requested by the employee who can be found in the county. The board may make complaint to the Dis- trict Court of disobedience of its subpoenas or or&ers and the Court shall prescrib* no- tice to the person accused.and require him to obey the board's subpoena or order, and ___ punish disobedience as a contempt of court. Witnesses Shall be enti~tled to the sa}ne fees District Court, ·except that any officer, ag compensation shall not be entitled to fees or mileage. Subd. 3. If~ after the h~aring, the board finds that the charges are sustained, the dis~nissal or suspension shall be final less an appeal to the courts is tsken .a~s hereinafter provided. If the boazd finds that/ the charges are not sustained employee, if he has been suspended investigation, shall be stated and shall be paid all back for the periods of suspension; ,if he been suspended, he shall be continued in his position as though the action had not been brought subject to the riEht of the ap- pointifig authority to appeal as provided herein. Subd. 4. Findings hereunder and orders sustaining disciplinary action or compelling reinstatement shall be in writing ~/nd shall be filed within three days after the com- pletion of the hearing among the records th~ board secretary, the secretary shaIl give written notice of the decision to any ployee cgncerned and to the appointing auth, ority. bECTION 9. APPEALS. Subd. 1. The employee or the appomting authority may appeal to the District Court from an order of the board concerning the employee's dis- missal or suspension without pay for than thirty days by serving written of the appeal upon the secretary of the board within teq days after he has received written notice of the board's order: · Subd. g. Within five days after service the notice upofi him, the certify the record of the eluding all doeumenttS~e utes to the clerk of clerk shall then place the cause on the calendar for determination at the next Gen- eral Term of the C~urt to be held at the nearest place in the county where the yil- Iago is located. The question to be detec- mined by the Court shall be: "Was the order of the personnel board reasonably supported by the evidence?" ~ubd~ 3. The employee or the appothtinL' authority may appeal ~rom the District Court to the Supreme Court in the same manner as provided for in other Court cases; but where the council is not the appmnting authority, ~o appeal shall taken by the appointing authority wit the consent of the council. 8 E C T J. O' N i0. i~ROBATIOA~ FERIOD. Every person holding a n the classified service et the v! :he effective date of this oidinance :v~ry person subsequently appo tach a position~ shall serve a ~eriod of six months. During proved by a majority of the voters voting on the question of its approval at the elec- tion, it shall go into effect thirty days after said election. It shall remain in ef- fect until modified or repealed as provided by law. Adopted by the Village Council of New Hope, J. anuary 12th, 1960.. Approved M. C. HONSEY, Mayor Attest: DON TRUCKER, Clerk (Publi;hed in The North Hennepin Post May 12, 1960). Adopted by the people at a Special Elec- tion on May 3rd, 1960 by a vote of 302 to 228. Don Trucker. Clerk N is and during all the times herein stated has of the newspaper known as THE N'ORTH icts herein stated; that for more ~han one~J~ar · ¢'.z..7.. ~ .hereto attached, ~id newspaper Wa* nepin, State of Minnesota, on have existed: ; from its known office of publication within in column and sheet form equivalent in apace it has been issued once each week from a with skilled workmen and necessary has been done in its known office of cent of its news column has been devoted to local to serve; it has contained general news, comment and .ublication and has not been entirely made up of pat- 'culated in and near its said place of publication to the s regularly delivered to paying subscribers; it has had has filed a copy of each issue wi~h the State Historl- in the office of ~he County Auditor of Hennepin knowledge of the facts, showing the name and constituting its qualifications as a legal was cut from the columns of ~a/d newspaper, and wa* once each week, for.. ..... //. ...... successive weeJ~; .................................... day of .~.:.~., and thereafter on Thursday of each week to and of . 19 ...... , from A to Z, both inclusive~ and is hereby the composition and publication of said legal or rstuvwxyz--5-pt. Oldstylc Devinne Excelsior Memphis Bold ae may be dismissed missal snail be in writing and reported .to the board. SEt. TION 11. RULES. Subd. 1. The[ board shall, as soon as practical s/ret it!/[ appointment and ~rom time to time there~[ after, adopt rules consistent with this ordi sul)sequent subdivisions of this section in order tO carry dui the Purposes of thisl nee Co ~es et the rules may be pub;/ ordina "' P · adc lished in the official .... paperor m ./m ............. available at the oAice of t.e village cler~/ m / // in printed form /or general oistri~tion. ublished cop~es suM1 be poste~, m/I // '~ conspicuous place in the village ~al shall specify and no rules et general ~P~I~ plication wit~ reference to employment, motion dismissal or suspension ~hall be[ffi Su~d. 2, The board ~hall provide vy ~i~l~ for the classificatlon; of :alt positions ~n~el[ eS ~ar. 27 1967~ responsibilities. ~u~a. 3. The ~ard shall provide by rule puvlic notice~ to test the relat~v~ fitness of applicants for positions. Susa. ~. The board ~aall provide by rule for the creatmn'and maintenance lists of eligibles ~o name shall remam~ on the ehgmle' list for more than two ~uad. ~. The board ~h~ provide /or~ the rejection of c~nai~ai~S ~r~ ehgibles who Iafi to comply with .rea~onaule qu/rement of the ~oara witi ~espect to ORDINANCE NO. 60-10 CflAFI~ER 13J AN ORDINANCE AMENDING ORDINANCE 54-4, THE ZONING ORDINANCE OF THE VILLAGE OF NEW HOPE. The Village Council of the Village of New Hope ordains: Section 1. Ordinance No. 54-4, passed by the VillageCGouncil of the Village of New Hope on the 14th day of October, 1954, referred to as "The Zoning Ordinance of New Hope", and subsequently amended, is hereby amended as follows: Section 2. Subdivision 5 of Section 5 of said ordinance be and the same is hereby amended to read as follows: "5. An area extending East from the center line of county Road No. 18, a distance of 330 feet, and extending North from the center line of Bass Lake Road, a distance of 233 feet." Section 3. Section; of said ordinance be and the~ same is hereby amended by adding thereto and inserting following subdivision 7 thereof, the following, to be known as subdivision 8: ";. The North 165 feet of the Northwest quarter of Section 7, Township 118, Range 21, together with that part of the South- west one quarter of the Northwest one quarter of Section 6, Township 118, Range 21, lying South of the Bass Lake Road, and together with that part of theSouthwest quarter of said Section 6, lying South of the said Road, except that area com- mencing at a point on the center line of said Road where the North and South center line of said Section 6 crosses said Road; thence South along the East line of the Southwest quarter of said Section 6, a distance of 255 feet; thence West parallel with the South line of said Southwest quarter, a distance of 330 feet; thence North and parallel with the East line of said Southwest one quarter to the center line of said Road; thence Easterly along the center line of said Road to the point of beginning." Section 4. This ordinance shall take effect and be in force from and after its passage and publication. the Village Council of the Village of New Hope this day of , 1960. · Attest: Mayor Clerk I~blished in the North Hennepin Post this- [O day of ~zl~ , 1960. 7 of said ordinance and:' the same is ROad, to the thence Easterly~ aloha ~%~ s~id Road . ,}~l~~ and vublication. 5?~g~d by' the Village ~pf' ~ew ~Iayor. ~ST: THE NORTH HEITN'EPIN POST AFFIDAVIT OF PUBLICATION STATE OF IVlIHITESOTA ~ COUNTY OF HENNEPIN~ ~* 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 stated; that for nfo~,~(~ than one ygar ~dd'~'~dffliiff;~'~';fi; Village af Crystal in the County of Hennepin. State of Minnesota. ~hursday of each weekl that dur~g ~I said time the following conditions have existed: ~ Said new~paper has been printed in the English language from its known office of publ{cation within ~he 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 known office established in such place for publication ~d equipped with ~killed workmen and nece~ry material for preparing and printing the same; the press work thereon has been done in itsknown office of publicationl in its makeup not less than twenty-five per cent of its news column has been d~oted to news of interest to the community which it purports to serve; it has contained general news. comment and miscellany; it ~ 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 ofpubllcation to the extent of at l~st two hundred and forty (240) copies regularly delivered to paying subscribers; it hms had entry as second class matter in i~ local postoffi.ce; has filed a copy of each issue wi~h the S~te Histori- c~ S~iety in St. Paul; and there has been on file in the office of ~he County Auditor of ~ennepin Count. ~{nnesota. the a~idavlt of a person having knowledge of the facts, showing the name and lomt[on of s~d newspaper and the ~istence of the tone'ons constituting its qu~ifications as a leal newsp~er. That the 1~ or offic~l matter hereto atmch~ ~ cut from the columns of ~i4 newspaper. printed and published therein in the English l~guage once each we~. for ..... ....../ ...successive ~at~t w~ fir,t ,o p,bli,hed on ~ur,day. the ......................... ~/ ........ ~. ....... ~cludln~ tree .................................... ~y of ........................... ; that the followingls a printed copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged asbein8 [he ~ize ~d kind o[ type ~ed in ~e composition ~4 publication o[ said leal or offici~ ma~er, to-wit: abcdefghlj ~mnopqr~tuvwxyz--6-pL Old~t~le abodefg~j.klmopg~stuvwxyz--6-pt. Devinne abcdef~opq~m~-Pt. ~ce~ior .bcdofgMJ~nop.~uvwx~7 ;a ~;m~old ....... ......... 1~..~..~ ........ R~ J. ~ENNETHUM No~ ~, Hennepin County My ~~ ~pires ~ 27, 1960 CHAPTER 155D ORDINANCE NO. 60-11 AN ORDINANCE GOVERNING THE IMPOUNDING OF VEHICLES ON PUBLIC STREETS, PROVIDING FOR THE CARE AND TAKING INTO POSSESSION OF SUCH VEHICLES; THE ENTERING INFO CONTRACTS WITH POUNDKEEPERS FOR SUCH PURPOSE, AND THE FIXING OF PATES FOR TOWING AND STORAGE THEREOF. The Council of the Village of New Hope Ordains: Section 1. Authority to Impound Vehciles. Members of the Police Department are hereby authorized to remove and impound or have removed and impounded any car Or other vehicle from the public streets, highways or alleys, under the circumstances hereinafter enumerated: (1) Where authorized by provisions of the law or of any other ordinance of the village; (2) When a vehicle is upon a roadway and is so disabled as to constitute an obstruction to traffic, and the person or persons in charge of the vehicle are by reasons of physical injury incapacitated to such an extent to be unable to provide for its custody; (3) When any vehicle is left either unattended upon the street or roadway, or the person in charge thereof fails to move it upon direction of the Village Police, and is so parked as to constitute a definite hazard or obstruction to the normal move- ment of traffic. (4) When the driver of any vehicle is arrested, or taken into custody by a police officer; (5) When any vehicle is either left unattended upon the street or roadway, or the person in charge thereof fails to move it upon direction of the Village Police, and such vehicle blocks the use of a fire hydrant. (6) 'When any vehicle is left parked upon a street for a con- tinuous period of 48 hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, he shall be given an opportunity to remove the vehicle. Section 2. Chief of Police to Notify Owners of Impounded Vehicles. Within twelve hours from the time of removal of any vehicle, notice of the fact that such vehicle has been impounded, shall be sent by the Chief of Police to the owner of record of such vehicle. Such notice may be by telephone, if possible, and if not, by a letter; and shall designate the pound in which the vehicle shall have%been impounded. Section 3. Work on Vehicle. Any vehicle directed to be impounded as hereinabove provided, from the time it is taken possession of by the poundkeeper and during the time it is impounded, and until the same is released to the owner as hereinafter provided, shall be considered to be in the custody of the law, and no work shall be done thereon by the poundkeeper, nor shall he permit anyone to do any work thereon except the impounding and storage thereof by his employee or his agent, until such cars have been released to the owner as hereinafter pro- vided; all such cars when ordered released by the Police Department shall be released to the owner without other charge than the impounding and storage fees herein provided. The poundkeeper during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any contents or parts or part, or change or repair any part or parts, unless the poundkeeper notifies the police department and they consent thereto. Section 4. Release. Upon return of the vehicle the poundkeeper shall release the same by a release in writing which shall state the date of such re- lease, together with the charges enumerated thereon and the purpose for which said charges were made. Such release shall be made in one original and three copies, all of which shall be signed by the poundkeeper and the person to whom such re- lease is made. The poundkeeper shall retain the original of such release and shall deliver one copy thereof to the owner of the vehicle and two copies to the Police Department. Of such two copies the Police Department shall deliver one to the village clerk. Section 5. Report. A written report shall be made by the Police Depart- ment on any unoccupied or damaged vel~le impounded; such report shall show the disposition of the car ordered by said Police Department and the offense for which impounded. Such report shall also contain a description of such vehicle, and shall, among other things, include the following: (1) Make of car; (2) License n,,mher; (3) Serial Number; (4) Number of tires; (5) Tools and other separate articles of personal property; (6) General description of the car with regard to condition, damaged parts and other such information as may be neces- sary to adequately describe the vehicle and properly delivered to the poundkeeper. A copy of such report, signed by the offi~cer or officers, shall be delivered to the poundkeeper at the time of impounding and the poundkeeper shall receipt for such report and shall check such report, 'and his signature thereon shall be considered a receipt for the vehicle and property described in said report. The original of said report, together with the duplicate ofthe poundkeeper's receipt shall be filed in the Police Department. Section 6. Bids. The village council may in its discretion, advertise for bids by persons, firms, or corporations, desiring to act as poundkeepers of vehicles impounded, or it may contract for such service without bids. If the council elects to advertise for bids, the procedure for bidding shall be provided for by resolution of the village council. The council reserves the right to reject any and all bids. Upon the acceptance of the bid, the successful bidder shall be a village poundkeeper. -2- Section 7. Tow. inK and Storage Charges. The following are hereby fixed and established as the charges that shall be made for the towing and storage of any vehicle removed and impounded. (1) The towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current annual contract between the Village of New Hope and the poundkeeper, attrue and correct copy of which shall be on file in the office of the village clerk for public inspection and reference, and the schedule of charges of such current annual contract is hereby made part of this ordinance as fully and to the same effect as if set forth verbatim herein. (2) The storage charge of $.75 per day for outside storage and ~1.00 a day for inside storage, from the day of impounding and for each 24 hours or fraction thereof thereafter. Section 8. Owner or 10perator of .Vehicle Remains Liable for Fine or P~qa!ty. The payment of towing and storage ~arges shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for the violation of any law or ordinance on account of which the said vehicle was removed and impounded. Section 9. Poundkeeper to Post Bond. The poundkeeper shall post a bond, in the amount of $1,000 to be filed with the village clerk, for the indemnifying of the owner of any such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of said poundkeeper; and also said bond shall be conditioned for the safekeeping of impounded cars, accessories and personal property, reimbursement of the village for any loss it incurs thereof, and guaranteeing performance of the contract. Section 10. Insurance. The poundkeeper shall carry the insurance cover- age agreed upon in its towing contract with the village, said insurance to be in a good reliable insurance company licensed to do business in the State of Minnesota. The poundkeeper shall furnish and file with the village clerk, a certificate of such insurance of the insurer, which shall contain endorsements providing for a ten-day notice to the village before cancellation and that the poundkeeper will save the village harmless of and from all claims, expenses or damages arising out of the performance of such contract. If bond or policy of insurance is cancelled, the contract, before date of cancellation, shall furnish the file a similar new certificate. Failure to comply with the provisions hereof shall automatically cancel the contract as of the date of cessation of such insurance coverage. Section 11. Part of Contract. This ordinance shall be and constitute part of any bid advertised by the village and of any contract entered into with the village by any poundkeeper, as fully and to the same effect as if set forth at length therein and if any part or portion of any such contract entered into shall be inconsistent with the terms of this ordinance, the provisions of this ordinance shall in all respects prevail. Section 12. Invalidity of Any Section or Provision. It is the intention of the Village Council that this ordinance and every provision thereof, shall be considered separable; and the invalidity of any section, clause, prOVision, or -3- part or portion of any section, clause or provision of this ordinance shall not effect the validity of any other portion of this ordinance. Section 13. This ordinance shall be in effect from and after its passage and publication according to law. Passed ky the Council of the Village of New Hope this~day of ~/zg~v~z~ ~ , 1960. Clerk Published in the North Hennepin Post this , 1960. -4- . r ChaPier, 155D , Ordinance No. 60-11 AN~ ORDINANCE GOVERNING I , THE IMPOUNDING OF !VEHICLES O~ PUBLIC STREETS PROVIDING FOR' THE CARE & TAKING INTO POSSESSION OF SUCH VEHICLES; THE ENTER, ING INTO CONTRACT, S WITH. POUNDKEEPERS FOR SUCH PURPOSE. AND THE FIXING OF RATES FOR TOWING AND ~ STORAGE THEREOF Village of New Hope I · The Council Of the Village of New Hope Ordains: SECTION I. AUTHORITY TO IM- POUND VEHICLES. Members of the Po-! I lice Department are hereby authorized to: /Il remove and impound or have removed and impounded any car or other vetficle fromI the public streets, highways or alleys, underl the circumstances hereinafter enumerated: ! (1) Where authorized by provisions the law or of any other ordinance of the. Village; ~ (2) ~Wlien a Vehicle is upon s roadwaF'I and is so disabled as to constitute an ohstructioh ~0- traffic? and.the or persons in ~harge 0f fhe v~hicle are, by ieasons of physical injury incapaci- tated to ~such a~i~xtent: to be unable tel provide for its custody; ~ (3) When any ve!fi~le is left 'eitherl unattended upon the street or read-[ way, or the person in charge thereof; fails fo move it upon direction of thel Village Policef and is so parked as tel constitute a definite hazard or obstruc-1 tion to She ndrmal mm)ement of traffic. I {4) When the driver of any vehicle is[ arrested or'taken into custody by al police officer; ' (5) When any~ Vehicle is either lefti unattended upon the street or road-[ way, or the person in charge thereof[ fa ls to move it u~on direction of the[ Vill'a£'e Police, ahd such vehicle blocks[ the use of a fire hydra/at. (6) When any vehicle is left parhed[ upon a slt'eet for a continuous period l of 48 hnffi-S or more. A diligent effort shall first be .made to locate the owner· If the owner is found he shall be given · an opportunity to remoTM the .vehicle. [~ SECTION 2 CHIEF OF POLICE qOTIFY OWNERS OF IMPOUNDED VEHICLES. Within twelve hqurs from thell time of removal of any vehi./:le, notice ofll the fact that such vehicle has been tm, pounded, shall be sent by the Chief of Po-ii lice to the owner of record of such vehicle. Il Such notice may be by telephone, if pos- sible, and if not, by a letter; 'and shall designate the pound in which fhe vehicle shall ha~e been impounded. [ SECTION 3. WORK. ON VEHICLE~ Any vehicle directed to be-impouXnded aS ~' hereinabove provided~ from the time it is t taken possession of by the Poundkeeper and ~ duping the time it is impounded, and until the same~is released to the owner as here- :Y inafter pr0vided~ shall be considcged to be in the custody of the law, and no work shall be done by the poundkeeper, nor slmll he permit anyone to do any work thereon except the impounding and storage thereof by his employee Or his agent, until such cars have been released to the owner as hereinafter provided;' all such cars when ordered released by the Police Department shall be released to the owner without other charge than the impounding arid storage fees herein Provided. Th~ poundkeOper during the time the vehicle is impopnded shall not permit the owner or any Other person tO take or remove from the vehicle any co.n- tents or parts or part, 6r change or' repair any part or parts, unless the poundkceper notifies the police department and they con- sent thereto. SECTION 4. RELEA'SE. Upon return 0~ the vehicle the poundkecper shall, telesat :he sane by a release in writing ~bJ~t ,hall st3,te the date of such ~release, to- gether v~ith the charge enumerate6- thereon vi ~nd the purpose for which said charges were made. Such release shall be made 4n oriel original and three copies,-alt of which shall be signed by the poundkeeper and' the per;: son to whom such release is made. The 0Ondkeeper shall retain the original of: P - lease and shall deliver one cepyi[ sues re thereof'to the owner of the vehicle and copies to the Police Depa'tn~ent. two copies tte Police rt nent ~na~t liver one to :h~ villag rk SECTION 5. REPO A written reporl[ ,ttllereo-f 'to the [I~[copies to the ~rtment. I~e/two copies the Police Department /liver one to the village clerk. SECT1ON 5. REPORT. A writ [nt|shall be made by thc Police Department any unoccupied or damaged~vehic, le ~elpounded; such report shall .... tn .... si-/p0sition Of the car ordered by satd t'~.~artrnent and the oifense for whict~, im THE NORTH HENKzPIN PORT AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN; ~' 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 I-IEBINEPIBI POST, and has full knowledge of the facts her~in stated; that for more than one year prior to the publication therein of the.~4..-r~.fl-....'.;¥ .................................... ............... h.r.to ,w.P.p:r ,, ·-.'"~,'~/~,~_ "_~.X~LX'2J".V~' 1~' \;fi~2~. ' C~s~i'in the Count of Hennepin, ~t~te ox ~i. lnnesota, on .uursa~y~'r~nteaa [-?~* ......... P-.U~21's2e~i~'am~g'a,v~,':?:,; .-it durmo all°fsai~'~time the following Yconditions have existed: ~: .......... ~ :n the En-lish ian~'~e~from its known office of publication, within the village from which it purports to be issued as above slated in column and sheet form equivalent m 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 publi~ti~i~, an~Leq.uipped .with. skilled wo. rk.men. ~dnno~t}~cS~aro[ material for preparing and printing the same; the pre~ wol4~ thereon nas oeen anne In 1ts l~n w publication; in its makeup not less than twenty,five per cent of its news column has been devoted to loc81 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 entry as second class matter in its local postoffice; has filed a copy of each issue wi~h the State Histori-- cai Society in St. Paul; and there has been on file in the office of ~he County AuditOr of Hennepin Coun/Jy, l~innesota, the affidavit of a person having knowledge of the facts, showing the name and local/on of said newspaper and the existence of the condieions constituting its qualifications as a legal 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 lsnguage once each week, for .............. successive weeks; That it was first so published on Thursday, the .............................................. day o! ..... .~..q-~ .......... 19. ,6.., and theresfter on Thursday of each week to and / including tl~e .................................... day of ............................ 19 ...... , and that the followingis a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged asbeing t. he size and kind of type used in the composition and publication of said legal or official matter, to-wit: abcdefghij klmnopq rstuvwxyz~6-pt. Oldstyle abodefghij,klmnopqr stuvwxys~§-pt. Devinne abcdef ghljklmnopqrstuvwxyz~? ¥/opt. Excelsior abcdefghiJklmnopqrs~uvwxlm--7t4 Memphis Bold Subscribed and Sworn to before me t~,, '~ ~ ~ . da, ,~~..,-~..~J~. .......... ~.D.. ~..~' ....... :~ ......... ://1~...~7...--._ ~.._~_ ....... RALPH U. ~!5, t,~ETHUM ,~4otary Public, Henn~pin Camry Minn. M~.(3ommission E2,:pires March 27, i960 ORDINANCE NO. 60-13 AN ORDINANCE ESTABLISKING C~P~GE A FOR THE CONNECTION OF BUILDING SEWERS TO THE PUBLIC SEWER OF TBE VILLADE OF NEW HOPE AND RE- PEALING ORDINANCE NO. 58-10. ~,~,~ ~ The Village Council of the Village of New Hope Ordains: Sectio~ 1. Definitions. The definitions contained in Chapter 21, Ordinance 57-17 and Chapter 22, Ordinance 57-18, of the Village of New Hope, s~all apply to the usage of the same terms in this ordinance. Section 2. Short Title. The short title of this ordinance shall be "T~ Sewer Connection Ordinance." Section 3. Sewer Connection Permit. No connection to the public sewer of the Village of New Hope shall be made by. any personor corporation until a sewer connection permit has been issued by the Village for said connection. Section 4. Sewer Connection Permit Charge A. A fee, hereinafter designated as "Charge A" shall be paid for the issuance of the sewer connection permit. The amount of 6barge A shall be $100. New Construction. No building for new construction shall be issued until Charge A has been paid to the Village and a sewer connection permit issued, if the said new construc- tion is of a nature which will, in the judgment of the Village Council or its duly appointed agent, reasonably be expected to use sanitary sewer when the structure is occupied or used. The reasonableness of said determination of probable sewer useby the said agent of the said Village shall be sub- ject to review by the Village Council upon written demand by the applicant for the building permit for a hearing. Existin~ Construction. At such time as a building sewer permit is applied for as to an existing structure, pursuant to the Sewer Ordinance of the Village of New Hope, Charge A shall become due and payable, in addition to the prescribed permit and inspection fee, except as hereinafter provided. Deferred Payments. Upon the written request of the applicant for a sewer connection permit for existing construction as described in Section 4B above, Charge A shall be paid in the following manner: (1) $25 shall be paid when the sewer connection permit is issued; $25 shall be due and payable every three months subsequent to the date of the issuance of the permit concurrently with the quarterly billing for sewer use and service charges, until the Charge A is fully paid, the last payment to be for the balance then due. Charges shall be prorated for the first quarter, and the actual month.of beginning shall be considered as having begun the first or fifteenth of the month, which- ever is closer. (2) if payment of any installment of $25 is not paid within 10 days after the due date, a penalty of 10~ shall be added to the amount du~ in each installment. (3) Any past due installments of Charge A, together with penalty thereon, which are outstanding on October 1st of each year shall be certified to the County Auditor with taxes against the property served for collection as other taxes are collected. (4) Involuntary sewer connections ordered by the Village Council, pursuant to Village Ordinance, shall be pay- able as prescribed hereinabove for other sewer connection permits. Section 5. Charge A Revenues. Ail revenues derived from Charge A shall be credited to the Sewer Operating Fund. Such revenues shall be used, together with other monies in the fund, for the purpose of paying costs for establishment, operation and administration of the system; for such maintenance as may be necessary to preserve the system in good repair and working order; for payment of t.he interest upon and the principal of all bonds payable therefrom, whether issued or to be issued, as and when the same shall become due and payable; and for the creation of a reserve for the payment of the principal and interest on such bonds as required; and to build up a fund for replacements to the system as needed. Section 6. Fenalty for a Violation. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed g~/.lty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $100 or bec~%~e~_for a period not exceeding 90 days. Each day such vio- lation is/permit{e'~ continue shall cons~A~ a separate offense and shall be punishable as such hereunder. Section 7. Excepted Areas. No sewer connection permit shall be re- quired for connection in Terra Linda or Terra Linda 2ndAdditions of the Village, nor for the area bounded on the South by 27th Avenue North, on the East by Winnetka Avenue or the North by the Crystal-New Hope boundary, 1,320 feet North, more or less, from 27th Avenue North and on the West by a line drawn parallel to and 150 feet West of Winnetka Avenue. Section 8. Repeal. Ordinance No. 58-10, puhltshed the 4th day of 'September, 1958, be and the same is hereby repealed. Section 9. Savin~ Clause. The repeal of any ordinance or parts of any ordinance effectuated by the enactment of this ordinance shall not be construed as abating any actions now pending under or by virtue of such ordinance or as discontinuance, abating, modifying or altering any penalty accruing Or to accrue or as affecting the liability of any person, firm, or corporation or as waiving any right of the municipality under any section or provision existing -2- at the time of the passage and publication of this ordinance. Section 10. Separability. it is the intention of the Village Council that this Ordinance, and every provision thereof, shall be con- sidered separable; and the imvalidity of any section, clause, provision, part or portion of any section, clause or provision of this ordinance shall not effect the validity of any other portion of this ordinance. Section 11. Effective Date. This ordinance shall be in effect and shall be enforce from and after its passage and publication, the Village Council this Attest: / ~"/day April, 1960. of Mayor Published in the' North Hennepin Post this ~;/~Z- day of //f~-,'/ , 1960. -3- ORDINANCE NO. 60-13 CHAPTER NO. 36A AN ORDINANCE AMENDING CHAPTER 36, ORDINANCE NO. 60-6, THE WATER ORDINANCE OF THE ViLL6~E OF NE~ HOPE, MINNESOTA. The Village Council of the Village of New Mope Ordains: Section 1. Ordinance No. 60-6, Chapter 36, entitled "The Water Ordinance' of the Village of New Mope", be and the same is hereby amended by adding thereto and inserting therein following Section 31 thereof, the following to be known asSection 3lA: Section 3lA. Beginning'Service. When the initial quarter of service is a fraction of a quarter, the minimum charges provided in Section 3lA (1) and (b) (1) shall be reduced and shall, for the initial quarter , be a pro rata amount of the regular minimum charges therein provided, except that the actual month of beginning shall be considered as having begun on the first or the fifteenth of the month,~whichever is closer. Section 2. This ordinance shall be in full force and effect after its passage and publication. Passed by the Village Council of the Village of New Mope on the / z~ day of _zz~.,/C//--~ , 1960. Attest: ~~ Clerk Mayor Published in the North Mennepin Post this day of ., 1960. SEWERS TO THE PUBLIC CO~NECTi~I~ OF BUILDING SEWER OF THE,~VILLAGE OF ~ N~.HOPE ~D REPEALING /-ORDINANCE 'NO. 58-10, CHAPTER 23 Village of New Hope' The Village Council of the VfHagc New Hope Ordains: SECTION ] DEFInITIOnS. The deft. nitions contained Jn Chai~er 2~, Ordinance 57-I7 and Chapter 22, Ordnance 57.18, of the Village of New H6pe, shall apply to tg%e~age of th ..... ~ ..... in this ordi. SECTION 2. SHORT TITLE. The short title of this ordinance shall be "The Sewer' Com'mction Ordinance." SECTION 3. SEWER CONNECTION PERMIT. No connection to the public sew? ,9~,~e Village of ~ew Hope shall be Pe~lt has been issued by the Village for said connection SECTION 4 SEWER ...... '- PER~IT CHARGE A. A fee, herei~ter designated as "Charge A" shall be · ~aid for the ~ssuance of the sewer connection* permit. The amount of Charge ;A shall I00. J A. NEW CONSTRUCTION, No build- i~g for new coagruction 'shall be sued until ~akre A h~; been paid '~ the Villagemad a sewe¢ Connection ~ ~rmit issued,?/{' the $~~ new~con. · ~ruction )'6f ~a nature' which will, ",m the judgment of the 'Village Coun-~ x'cil or its duly appointed a eat r · v <n bi ' g ; ea'~ , ~ a y be ~cted to use sa~i~ry ~ ~Fwer when thc structure is occu~ed ~r used Th~ reasonableness of J said , ~termination of probabIe sewed,use .:' by the said agent of the said Vffiage · .~lall be subject to review %~ the. (f.~i{lage Council upon written fd~and for the buil~ng per-~ DNSTRUCTION. ,building sewer permit an existing strut- the Se~er Ordi-- of New ~ope~ e due and payS' the prescribed' fee, ex~ as YMENTS. Up'on the' r~Oe~, of ~he applicant connection pemit for exist- construction as described in Sec- 4B above, Charge A shall be in the following manner: shall be paid when the sewer permit is issued; and payable every, three months subsequent to the date* ~of the issuance of the permit con.: '~:~ ~urr~tly with the qua~r~, hill. ~> afg~s, until the ~ar~:~ ~' fulry }aid the last ,~,i_ 4 :~%~ t~ balance then ~rges ~, sball{rbe prorated~ f~?~?irst ;:~]~uan~r,, and the actu~g~n h of ~?begiaffi~g shall be ~ as ~ having begun the iirst"~'fi~teenth of the month, whichevef-is closer (2) If payment of any installment of $25 i~ not paid within 10 days af- ter the due date, a penalty Bf ~hall be added to the amount due m each installment. ' (3) Any past due installments Charge A, together with penalty thereon, which are outstanding on October 1st of each year shaIl be certified to the ~bunty Auditor with taxes against . the propertyi served for collection as other taxes are collected. (4) Involuntary,sewer connections doted by the Village Council~ pur- suant to Village Ordinance, shall be payable as prescribed hereinabove for other sewer connection per,~ mits. , SECTION 5. CHARGE A REVENUES ~11 revfnue derived from Charge/A shali ~* ffred~ted to the Sewer Oper~in~ Fundfi auen revenues shall be used, to/,ether with other monies in the ~und, for the ,purpose, of paying costs for establishmen% opera. ti0~ and administration of the ~stem; for ~uc~ainteuance as ma7 be uecessar~ t~ [preserve the system in good repair an{ /working order; for payment of the interesf ~lupon and the principal of all, bonds pay. /able therefrom, whether issued or to THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPlN 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 aa THE I~ORTH HEHBIEPIN POST£ and has full knowledge of the facts herein stated; that for more than one year /~prlor to the publication therein of the -...~..~.~-.-/..~. .... .~.-. -~ -/~' ~...~l~, ..~...hereto attached, .id newspaper was Thursday of each week; that (luring all said time tile iollowlng connlltons llave eXl8l~(l.' Said newspaper has been printed in the English language from its known office of publication within the village from which it purports to be issned as above stated in column and sheet form equivalent in apace 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 ~nd 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 c.olumn 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 postoffiee; 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 l~he County Auditor of Hennepin Count~', 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 newspa~per. That the legal or official matter hereto attached was cut from the columns of said newspaper, mad wu printed and published therein in the English language once each week, for ....... /. ..... successive weeks; That it was first so published on Thursday, the .............. ' ~ / 2..~... ..... day of ........... ~ ................. , 19. ~ o, and thereafter on Thursday of ~ch week to nnd including tile .................................... day of ............................ 19 ...... , ~nd that the followingls a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged asbeing t. he size and kind of type used in the composition and publication of said legal or official matter, to-wit: abcdefghij klmnopqrstuvwxyz--6-pt. Oldstyle abcdefghi}klmnopqrs tuvwxyz---6-pt. Devinne abcdefghijklmnopqrstuvwxyz~? ~-pt. Excelsior abcdofghiJklmnopqrs,tuvwxTz--?~/t Memphis Bold Subscrih~d ~nd Sworn to before m, ................. ,,.. 1' Public, Hennepin County's',, ~ mi$,~on Expires M~-~tl~ll~ ORDINANCE NO. 60-14 CHAPTER' 65 AN ORDI~NCE PROVIDING FOR THE PERMANENT REGISTRATION OF QUALIFIED VOTERS IN THE VILLAGE OF NE~V HOPE The Village Council of the Village of New Hope does ordain: Section 1. Registration System Adqpted. A system for the permanent registration of voters provided for by Minnesota Statutes, Chapter 201, is hereby adopted for the Village of New Hope. Section 2. Voters Must be Registered. No person shall be permitted to vote at any election held in the' Village of New Hope unless he shall have registered as provided in said act. Section 3. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this day of ._~_~, 1960- Attestr C~C~~k, Mayor Published iu the North Hennepin Post this day of~~_~_, 1960. ¥OTERS, IN~el~E VILLAGE. · OF NEW HOPE The Villag~ Council. of' t~ ~e* nesota 'Se ordi~ from Passed by day of July, M. C, HONSE,¥; THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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 KORTH HENNEPIN POST. and has full knowledge, a. of thee facts herein stated; .~.hat~for more than o~l.e year ..... ~ .... . ........... ~ereto a~ched, .id n~spaper was ~Thurs~y of ~ch ~e~; that during ail said t~me 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 /ts 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 coutained 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 /ts 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 i~ local postoffi.ce; has filed a copy of each issue wl/~h the S~ate Histori- cai Society in St. Paul; and there has been on file in the office of the 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 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 ,o pu_blished on Thursday, the ................................... ~.~..~ day of ..................... ~~~..., 19.~.., and thereafter on Thursday o:~,i~ we~'to and including t~e .................................... day of ............................ 19 ...... , and that the followinais a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as~oeing ~he s/ze and kind of type used in the composition and publication of said legal or official matter, to-w/t: abcdefghlj kJmnopq rstuvwxyz--6-pt. Oldstylc abed®fghijklmnopqrstuvwxyz--6-pt. Devinne abcdefghijklmnopqrstuvwxyz~? ~ -Pt. Excelsior abcdofghijklmnopqrs~uvwxyz---7t/2 Memphis Bold Subscribed and Sworn to before ..... ..... ....... RALPH J. BENNETHUM Notary Public, Hennepin County, Minn Mit. Commission Expires lqlar. 27, 19~7~ Ordinance No. 63-15 Chapier No. 29 AN ORDINANCE REGULATING BUILDING MOVING BY REQUIRING LICENSES AND PERMITS AND IMPOSING RESTRICTIONS THEREON Village of New Hope The Village Co~ncil of the Village cf New Hope does ordain: SECTION 1. LICENSE REQUIRED. No person shal~_ remove or relocate any building within the limits of the Village New Hope without having applied for and received an annual license as a housemov- er. Application for such license shall be made to the Village upon a form sdpplied by the Village Clerk and ut)on payment of an annual fee of $10.00 th4refor. Provided, no such license shall be granted until the applicant therefor shall have given a bond in the sum of $1,000.00 with good and sufficient sureties, to be approved the Village Council, conditioned, upon oth- er th:rig's, that said party will ~,ay any and ail damages which may be caused to any person or public or private property in any municipality, whether such damage or in~ ~ury shall be inflicted by said party or his agents, employees or workmen; and con- ditior~ed also that the licenses will save and indemnity, and keep harmless, the Village of New Hope against ali liabilities, judg- ments, costs and expenses which may in any wise accrue against said Village in cox:sequence of the granting of such license or permit under this ora[hartco and will in al! things strictly comply with the pro- visions of this ordinance and with the con- ditions of any and all permits which may be issued to him thereunder. Provided, further, that nothing herein shall prevent any person from ri:eying or r.~iocating a building upon his own !and without a license or permit. SECTION 2. PERMITS TO BE TAiNED. Every licensed housemover shall, before renuo?ing or relocatin£' any budding. apply to a~d receive a porn:it therefor from the Village Council. Such permit shall be conditioned upon an observance of all of ~.e coud~t[ons of tb!s ordinance and sub- jeer to ail reasonable requirernents from t~n~e to time imposed by the Village Coun- oil In granting any such permit the £5o ~ cji shall specify the route to be followed and may stipulate any reasonable condi- tions for crossing s, reef intersections; pro- ' e ~, that the following shall apply in every case: i. Ail removals of building over public streets shall be done w~th the great- est gpeed reasonably possibly when the within the municipal limits. 2. Any building exceeding five tons mov- ed over or across any street or public way saall be mounted upon wheels at least 24 inches in width unless such road or public way is adequately plank- ea with three /*uch planks to pro'~ect the same from injury. 3. if it shall be necessary for any build- ing to stanct in any street, alley er public ground, overnight, the person hav/n£, charge thereof shall place around said buildinga good and suf- ficient number of red lights as a at/on thereof, and shall keep the same burning overnight. 4. Any person receiving a permit to move alleys or puulic grounds of the Vil- lage, shall, every evening, at or be- ' e h:uu p.m., notify ti~e Chief of the Fire Department of the Village, or pertinent, as to the exact location of every such building while the same is occupying any portion of any street, aiiey or pubDc £'round. SECTION 3. TEMPORARY REMOV- AL OF WIRE FOR BUILDINO MOV- l.i~G. Upon the request of any person hold- ing a building moving permit issued by the Village, any person, corporation or com- above the streets, alleys, public ways and gumbo places shall temporarily raise or lower them to permit the moving of build- ings. The expense of such temporary ~e- moral, raising or lowering of wires shall be oaid by the person requesting the same, and shall be paid in advance if so requested. z~avance notice of not less than forty-eight (48) hours shall be given to arr/nge for such temporary wire change. SECTION 4. PERMIT FEE. The ap- plication for the moving permit shall be accompanied by a permit fee in the amount of $I0.00 SECTION 5. STANDINGS FOR IS- SUANC/~. The Village Council shalI re- fuse to issue a permit if it finds: (a) that any application requirement or any fee requirement has not been complied with; (b) that the buildin£, is too large to move without endangering persons or :croperty in the Village; (c) that the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved with out eh- clangoring, persons and properly in the Village; (d) that the building is structurally un- safe or unfit for the t~urpose for which moved, if the removal location is in the Village; (e) that the applicant's equipment is un- safe and that persons and property would ge er:danger=d by its use; (f) that zoning or other ordinances would be violated by the building in its new location; (g) that for any other reason persons or property in the Village would be nangered oy tqe moving of the build- ing'. SECTION 6. VIOLATIOn\ OF MIS- DEMEA~-OR. Any person violati,~g any provision under the ordinance shall, ['pon conviction thereof, be punished by a fine not exceeding $100.00 or by imprisonment for not ex~eedlng 90 days. Each day that any vmlatio:,~ shall continue shall consti- tute s separate offense. SECTCION 7. VALIDITY. l'he inval- idity of any section, clause, sentence or pro- vision under this ordinance shall not affect the valiait~ of any other part of this re'ali- hence which can be given effect without such invalid part or parts. SECTION 8. EFFECTIVE DATE. This ordinance shall be in force and effect f~'om and after its passage and publication ac- cording to the law. vasseJ oy t~:e Village Council this 28th day of ~une, i960. M~ C. HONSEY, Mayor. AATEST: DON TRUCKER, Clerk. (SEAL) tPu~Aished in The North Hennepin Post, july 7, 1960). Ordinance No. 60-15 Chapter No. 29 V~llage, ~ o~ ~ew Zi'ope~ of th~ ¥ilL~.c /IORTH HENNEPIIq' POST OF PUBLICATION any ~oad' the lug Par~ says that he is and during all the times herein stated has publishers of the newspaper known as THE N-ORTH the facts herein stated; that for more than one year .... &~.::......-~...-T .......... ~' ;i' ~;~t~i 'i~ ............... hereto attached, said newspaper was the County of Hennepin, State of Minnesota, on all said time the following conditions have existed: in the English language from its known office of publication within be issued as above stated in column and sheet form equivalent in space column, two inches wide; it has been issued once each week from a for publication and equipped with skilled workmen and necessary same; the press work thereon has been done in its known office of than twenty-five per cent of its news column has been devoted to local which it purports to serve; it has contained general news, comment and any other publication and has not been entirely made up of pat- has been circulated in and near its said place ofpubllcation to the (240) copies regularly delivered to paying subscribers; it has ksd postoffice; has filed a copy of each issue wi~h the State Histori- been on file in the office of t~he County Auditor of Hennepin having knowledge of the facts, showing the name and of the condit/ons constituting its qualifications as a legal hereto attached was cut from the columns of said newspaper, and in the English language once each week, for ....... ./. ..... successive on Thursday, the ......................... -~. ~ day of ., 19 ...... ~nd thereafter on Thursday of each week to ~nd of the' i;,;,';r"c;,;c k/nd of type used in the composition and publication of said lethal or abcdefshlj himn opqrstuvwxyz--6.pt. Oldstyle &bodaf ghijklmnopqrstuvwxyz~§.pi. Devinne !cdefghijklranopqrstuvwxyz~? ~ _pt. Excelsior Memphis Bold h J. BENNETHUM lc, Hennepin County, Minn, Expires Mar, 27, 1967. ORDINANCE NO. 60-17 CHAPTER 23D AN ORDINANCE AMENDING THE SEWER CONNECTION ORDINANCE The Village Council of the Village of New Hope Ordains: Section 1. Ordinance No. 60-13, Chapter 23A passed by the Village Council of the Village of NeW Hope on the 12th day of April, 1960~ referred to as ~'The Sewer Connection Ordinance", is hereby amended as follows: Section 2. Section 2A is hereb~ added and inserted folloWing Section 2 as Section 2a. Definitions. (a) New construction - any building or structure constructed under a building permit issued after the effective date of this ordinance shall be deemed "new construction". (b) Existing construction -- any existing building or structure used or occupied as such at the effective date of this ordinance shall be deemed "existing construction". Section 3. Section 4, Subdivision a, is hereby amended to read as follows: (A) New construction: At such time as a building sewer permit is applied for as to new construction, pursuant to the Sewer Ordinance of the Village of New Hope, Charge A shall become due and payable, in addition to any other fee or charge provided for by ordinance. Section 4. Section 4A is hereby added and inserted following Section 4 as~follows: "Section 4A. The Village may shut off sewer service to any premises for which the connection charge provided in Section 4 is unpaid and in default. The right reserved by the Village to shut off sewer service for failure to fully make said connection charge payments shall in no way be defeated, diminished or cut-off by the cancellation, termina- tion or discharge, bY operation of law, of the individual liability of the applicant for the connection. Until the full connection charge due has been paid, no owner, tenant, grantee, successor in interest, assigns, or possessor of any premises shall be entitled to connection thereof with the municipal sewer system, except as provided in Section 4. It is the intention of this subsection to ensure that the financial costs of establishing and maintairing the sewer system is equitably borne by all the premises using it." Section 5. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ Attest: (Seal) ... Published in the North Hennepin Post this ~ day of -2- AN ORDINANCE~ THE SEWER CON~ECTION ORDINANCE Village of New Hope The Village Council o~ the Village of Ne~ Hone OrdainS: Seetio~ 1. Orfllna~c~ No. 60-13, Cha~- ;ter 23~ passed 'by the Village Council of ~the 'Village o{ New Hope 0n the lgth day o~ April,,. 1960, referred to as "The Sewer Con~eeti~ Ordinance". is hereby amended as Iollows: SECTION 2. Section 2A is hereby add- ~d and inserted foilowi~g Section 2 fellows: SECTION 2a. DEFINITIONS. (a) New constr~cfion~any buildin~ or szr~cture constructed under a building per.it issued a~ter the ~[ective da~ of this 6rdinanee sh~ll ~ deemed (b) Existinff construction ~ any ex,st- ing building or street.s used or oc- cupied as such at the effactiw date jcl this ordihanee shall be deemed .'"existing eonstzuction". SECTION 3. Section 4, Subdivi~on 'is hereby amended to read as ~ollows: (A) NEW CONSTRUCTION: A~ such fftime ~l a building sewer ~ermit is applied or as to new con~trvetio~ pursuant to ~he Sewer Ordinance of the VilIage New Hope, Charge A s~ll beco~le due ~nd payable, in addition to any 3r charge provided for by ordinance, SECTION' 4. Section 4A is hereby add: ed and inserted ~ollowing Section 4 as follows: "Sect{on 4A. The Village may shut of{ sewer service to ally ~relll[le8 which_ the connection charge ~rovided in 'Section 4 is anpal~ and in defadlt. The ~ right reserved by the Village to shut sewer service ¥or failure to ~tllly make said connection charge 9iyments shall no way be defeated, diminished er by the ~gneellati0n, termination or dis- char~e-b~ oneration of law, of lbo in- dividual hability~ o~ the aDldicant for conaectionl Until ~he f~ll connection charge due has been paid, no 0Wller, tenant grantee, stKe~ssor in interest, s~signs, possessor of any premises shall be ~titled to' con.etlon thereof with the ~u- aici~al sewer system, except ~s provided lln ~ection '4. It is the intention of ibis [subs&ti~n tb ensure that the financial'costs ici establishing. ~nd maintaining the sewer ~ystem ,is equitably bol'V~ by al ~he SECTION 5. This ordinance shall take' effect and be i~ forc~ from and afte~ its passage and Buhlicatiom Passed b~ ~be Village Council of th~ Village of Ne~ HoDe this 9 day of Augusts ~ , /s/BARTON E, MARSHALL ] ' Mayo~ Ufo Tern ]ATTES,T:/s/ DON TRUCKER Clerk /(SEAL) / (Public'ed in The North Hennepin Post, ~]August 18, 1960). THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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; t,hat~ for more than one year prior to the publication therein of -printed and_ pub~ed in the Village of Crystal in the County of Hennepin, State of Minnesota, on Thursd~ of ~a~ 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, t. wo.inches widei it has been issued once each week from a known office established in such place for pubhcation and eqmpped 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- outs. 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 witch the State Histori- cal Society in St. Paul; and there has been on file in the office of ~he 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~f~ said newspaper, and was printed and published therein in the English language once each week, for.~.....~. ·~ .... successive weeks; That it was first ac pubh on Th rsd:y,,:~., ~md thereafter on Thursday of ~//~ w~ ::~nO: i~dudinw tae .................................... d~y of ............................ 19 ...... , and that the followlngls a printed copy of the lower case alphabet from A to Z, both ineiusive, and is hereby acknowlcdged aa~eing the ~iae and kind of type t~ed in the composition and publication of said legal or officild m~tter, to-wit: - abcdefghij ldmnopqrstuvwx3 z--4-pt. O]dstyle &bodefghijklmnopqr stuvwxyz--O-pt. Devinne abcdefghl~ klmnopqrstuvwxyz~-? ~t-pt. Excelsior abcdof~hiJklmnopqrsiuvwxTz---?V~ Memphis Bold Subscribed and///~_Sworn to befor~ .~.~ ....... .... ,.,o, ............. RAEPH ~l. BENNETHUM Notary Public, Hem:,~p n County, Minn. My Commission F. Xp'~re$ Mar. 27~ 1~67~ ORDINANCE CHAPTER 18 AN ORDINANCE REIATING TO AND PROBIBITING THE MIXING, CONSUMPTION OR DISPLAY OF INTOXICATING LIQUORS, THE SERVING OF LIQUIDS FOR MIXING WITH INTOXICATING LIQUORS IN CErtAIN PUBLIC PIAEES AND PRO- rIDING FOR A PENALTY FOR VIOLATION THEREOF The Village Council of the Village of New Hope ®rdains: Section 1. No person shall mix, consume or display intoxicating liquors in any place not operated under a valid license to sell intoxicating liquors and where the public is permitted to frequent. Section 2. It shall be unlawful for the proprietor of any business establishment as hereinafter defined, his servant, agent, or employe to directly or indirectly aid in, or to suffer, or to permit the mixing, blending, consumption or display of intoxicating liquors, or to serve or permit the serving of liquids for the purpose of mixing or blending the same with in- toxicating liquors to be consumed at such establishment. Section 3. For the purpose of this ordinance the term 'business establish- ment'' as herein used shall not include any place or premises operated under a valid license to sell intoxicating liquors, but shall be construed to mean any room or place or'any uther business establishment which room or place the public at large is permitted to frequent and which is not reserved or desig- nated for any occupancy of a private nature or character. Section 4. The term "intoxicating liquor" as used in this ordinance means and includes ethyl alcohol, or distilled, fermented, spirituous, vinous, and malt beverages, containing in excess of 3.2 percent ef alcohol by weight. Section 5. Any person convicted of violating any of the provisions of this ordinance shall be guilty of misdemeanor to be punished by a fine of not to exceed $100.00 or by imprisonment for a period of not to exceed 90 days. Section 6. This ordinance shall be in effect from and after its passage and publication. 1960. Passed by the Village Council on the ~/~ day of~,/~y , Clerk Published in the North Rennepin Post on the /~ dayof ~ 1960. I of the Village of THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MIHlqESOTA '~ COUNTY OF HENI~IPIN~ SS. used shall not include any ] s 9~ rated un, er a valid llce~e to :oxie; :lng ; quc s, but shall, to mean any room or place¢oi~(~av other business establishment whi~t~L~ ~lane the public at large is-p~o .~'}~uent ~d which is not reservSa~. ,:;~tsa for any ~,cupancy of a '~'~r character. ' ~ S~tion 4; The term "intoxleatin~l~or" as uS~' in this ordinance ~eans ann etudes sthyl alcohol, or distilled~ · pirituous vinous, ~d malt ~i~iag ta ,xeesS of 3.2 per ,bring lay ~f the provisions of annie Shall be guilty of misdemeanor to be ~anished by a fine of not to exceed $100.00 ~r by imprisonment for a period of not to · ~cea~ 90 days. . · ffS~ction 6. This ordinance sha~l be in · ect from and afte~ its passage and pub- lieation. Paa~d by~e Village Council on th~ 5th ~ay of yuly, 1960. -~ ~TTEST: ~ TRUCKER Clerk. _ (Published in Th~ ~orth Hennepia Post, Inly lq 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 TIlE I~ORTH I-IENNEPIN POST, and has full knowledge of the facts herein stated; that f~or more than one year prior to the publication therein of the..~,~ ..... .4.~...~.Z ........... dZ ..................................................... hereto attached, ~id newspaper was ~i'~t'e~i"~' published in the Village of Crystal in the County of Hennepln, 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 ~ssued as above stated ~n column and sheet form equivalent in space to at least 4~0 running inches of single column, two inches wide; it has been issued once each week from it 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 postofflce; has filed a copy of each issue wil~h the State Histori- cal Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepin Count~, l~[innesota, ~he 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 newspatmr. That the legal or official matter hereto attached was cut from the columns of sa/d newspaper, and was printed and published therein in the English language once each week, for ........ L .... successive weeks; That it was first ~o published on Thursday, the ........................... ./..'~.'....'~... ........ day of ......... ~ ................. 19.~....~., and thereafter on Thursday of each week to and includin~ tl~e .................................... day of ............................ 19 ...... , and that the followi~gia a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being t. he size and kind of type used in the composition and publication ot said leffal or official matter, to-wit: abcdefghijidmnopqrstuvwxyz--6-pt. Oldstyle &tmdefghii.klmnopqr stnvwxys--6-p ~. Devinne abcdefghijkLmnopqrstuvwxyz--? !4 -pt. Excelsior abcdefghiJklmnopqrgiuvwxyz---Tt/a Memphis Bold Subscribed fMld Sworn to before RALPH J. BENNETHUM N~+ar¥ Public, Hennepin County, Mina. .',~ )r:,,,-,,-::....:. 3%;:,.,. Mar 27 THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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 HEBINEPIN POST, and has full knowledge~of the facts j~erein stated; that for more than one year ./~.'~ ~/ // __ ~....~-- __..' ~ ~ ~ ~ '~ · .~ · prior . the~li~tlon th~ein of the..~...~.:..~.~~ff~~ / ,~ .. '~ · ~ ~ ' '"2 ....... ~nted and ~ubHshe~/~ the Village o~ ~ystM ~ the County o~ ~ennep[n, State ~ ~nnesom, ~ Thursday o[ ~ch we~; that durin~ ~l said time the followin~ cond~fions have ~ist~: 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 colmnn, 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 /ts 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 at ants, plate matter, and advertisements' it has been circulated in on~ no~- -'~ ~n:~ .,_ ~ .... P.' extent of at least two hundred and forty (240) copxes 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 Slate Histori- cal Society in St. Paul; and there has been on file in the office of Vhe County Auditor of Henna in County, l~innesota, the affidavit of a person havin~ knowledge of tho locatinn of sa~d newspaper and the existence of the condi~lons constituting its qualifications as ale al newspaper, g That the legal or official matter hereto attached was cut from the columns of said newspaper, and was printed and published therein /n the English language once each week, for ...... ~ ...... succe~ive weelm; at it was flr~t so publ/ahed on Thussdav, the ./.-'~ ............................. ~'. ............. da, of ................................. , 19 ...... , and thereafter on Thursday of each week to and includin~ tae ................................. that the followin, is a .p. rlnte, d copy o.f the lower' c~e d~a. lYpha°fbe~ 'f'r'o~'~' 't;' ~',' ~l~'i~l~'s~;~ la~'d' 'i;' ~'erea~~ acknowledged as~being t. oe s~ze and kind of type used m the composition and publication ;f said legal o~ official matter, to-wit: abcdefghij klmnopq rstuvwxyz---g.pt. Oldstylc abodef ghi].klmnopqrs tuvwxy~§.pt, Devinne abcdefghijklnmopqrstuvwxyz--7 ~4_pt. Excelsior abcd®fghiJklmnopqrstuvwxTs--7~/s Memphis Bold Subscribed m~l 8wor~ to ha~ore m, ~ ....... ~ ...... C* *da~ of... ~"~-~?.~:.L=~** ............. .............. ...... I~/LPH J. BENNETHUM Notary Public, Hennepin County, Minrl, My Commission Expires Ma~, 27, 1967. 'b Village New Hope ' '-z6n r g-'Or inance AN ORDINA-~CE Pd/IGULATIN'G lng stations; television antennae, and parapet walls .extending not more than THE USE OF LAND. THE LO- 4 feet above the limiting height of the CATION AND THE USE OF' BUILDINGS AND THE RANGEMENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW HOPE, MIKNESOTA. The Village Council of New Hope does ordain that the Ordinance commonly known as the "Zoning Ordinance of the Village of New Hope" be amended to read as follows: SECTION 1 PURPOSE This ordinance is being enacted in or- der to protect and promote the public health, safety, and general welfare of the people o~ New Hope. 'Specifically, the provisions are designed to achieve, among others, the following objectives: 1. Civic beauty. 2. Adequate light, air, and safety from fire/or occupants of structures. 3. Conservation of the Value of land and buildings. 4. A balanced tax base as between resi- -dential and business uses, 5. Stabilit. y of resldentlaI nelghborhoo~ls. 6. ^ rrdmmum of congestion in the public street's. 7. Compatabillty between different lan~ uses, 8. Reasonable.~. standards-to. ~vhlck-,s~uc- tures and uses shall conform. SECTION II GENERAL PROVISIONS A. LOTS .AND BUILDINGS 1. Compliance with This Ordinance No building or 'p/'emlsis ~ may here- after be Used Or occuPied and' no build- ing permits shall be ~granted'~that does not conform to the requirements of this ordinance. 2. Accessory Buildings No accessory building or structure, un- les~ an integral par~ of the principal building, shall-be, erected, altered or moved within' e'igh{. '~eet of the principal building. No accessory ,~ building shall exceec~ 15 feet in height, 3. Relocated' Structures Before any house or.. other ..structure is moved onto a vacant lot~ the Building Inspector shall determine Whether the structure will be compatible with other development in the area. If the Coun- cil concurs .with the decision of the Building' Inspector that .)a. structure would depreciate the area ihto which it is to be moved, the .Council may withhold issuance' of a Permit for: SUch relocation. 4. Required Area not to be Reduced No lot, yard, or parking area shall be so reduced in area oz dimension as make any such area or dimension less than the minimum required by this ordinance, and if already less than the minimum required, it shall not be further reduced. B. PERMITTED ENCROACHMENTS The following shall not be considered as encroachments on set-back and' height requirements: I. In ~ny yards: off-street open parking spaces, fireplaces, awnings, canopies, steps, chimneys, /lag poles. 2. In side and rear yards: fences or walls 8 fee~ in belght or less. How- ever, in a comer lot no obstruction higher than' $ feet above curb level shall be located within 20 feet of the lot comer formed by any two streets. $. In' front yards: service station pump islands and signs under requirements set forth in performance ~tandards (See Sect. IV), 4. In rear yards: recreational and laundry drying equipment, arbuzs and trellises, balconies, bi;eczeways, open porches, de- tached outdoor living rooms. 5. Height limkations shall not apply to barns, silos, and other structu, res on farms; to church spires, belfries, cu- polas and domes; monuments; water towers; fire and hose towersl obser- vation towers' chimneys and smoke- building. C. NON-CONFORMING USES The lawful use 0/ any land or buildin~ existing at the time of the adoption of this ordinance may be "dontinued, e~;en if such use does not eon/om to the regulations of this ordinance; provided: 1. No such non-conforming use of land shall be enlarged or increased or occupy a greater area ,6f land than that occu- pied by such use at the tlme of the adoption of this ordinance. 2. Such non-conforming use shall not be moved to any other part of the parcel of land upon which the same was con- ducted at the ,time of the ,a~option of this ordinance. 3. ~ non-conforming use of m building existing at the time of the adoption of · this ordinance may be extend~ct through- out the building, provided nCr ~'tructural alterations substantially increasing the useful life of .the structure, except al- terations requlrid by ordinanie, law or other regulations, are made therein. 4. If SUch non-Conforming use substan- tially ceases for a continuous period of one year~ ~any subsequent use of i;sa~d premise shall~be in co~/formity to 'the use regulations~specified;, by this ordinance for. the d/strict, in .which such property is located. 5. Any structUr.e which rcpresents~, a..non- conforming Use may' not be renunt or ~ 'reconstructed to its former use and physical 'dimensions i~. dama.~d or mbre .by fire, Wln~l, earthquake or explosion acc6rdlng to the estimate of the Building Inspector and approved by the Council. 5. Any non-conforming use may be con- .tinued for a period of ten years after the adoption of this ordlnadce, where- upon such non-conforming use shall cease,' provided however, that all res/- dent[al buiIdings actually used, for resi- ' dential 'purposea on the effective date of this'ordinance shall be excepted here- from. D. REOUIREMENTS AS MINIHUM In their interpretation and application, the provisions of 'this ordinance shall be held 'to minimum requirements. Wherever this' Ordinance-imposes .greater restrictions than are imposed or required by other pro- :~visi0ns of law ior by other rules or regu- ~Iations,:t~ p~ovislonS of, this ordinance shall E. CERTIFICATE OE OCCUPANCY No land shall be used or occupied, and no building hereafter erected, altered, or · extended shall be used or changed in use unless a Certificate of Occupancy shall have been issued by the Building Inspector. Certificates of Occupancy shall be applied · ,/or coincident with application for the building permiL Such Ce.rtlfic.a.,te shall .be ~,'[ssued :;within ten "days after tnt erection 6r alteration shall 'have been approved as complying with the provisions of this ordi- nance. An occupancy permit shall be ?alld' only for the~use named therein. It shall be the obligation of any l~erson having a proprietary or tenancy inierest in. the buildings or property" affected to maintain oi' 0reserve said Certificate of .Occupancy as a permanent record and available /or inspection upon request of the e/if~icement :'~'f'~l:~ a sA 1 lof P etrl~: n ~ ff~Pc ~irvaF~a t ~bu~est~ ss ordinance hall obtain an occupanc~ permit within six months of said date. The per.- mit fee shall be ten dollars for non-re~- dentlal occunancy permits. SECTION III DISTRICT PROVISIONS A. DISTRICTS L SR Single*Family Residence Districts: This is the general singl~family res;- 2. MR Multiple-Family Residence Dis- tricts: These are areas deemed well- suited to apartment developments. 3. LB Limited Business Districts: These are izcas that are particularly exposed to .resid~utiaI neighborhoods and are thus suitable only to .thos~e. businesses hay- lng, relatively little incompatiibility with residential use. 4. RB Retail Business Districts: These are areas which, because 'Of 'proximity to thoroughfare intersections and proper distance from similar tenters, are SUit- able to those businesses catering to the shopping needs of the residential neigh- borhoods. 5. GB General Bus'ness ~strlcts: .These areas are deslgr~d for those businesses that tend to service other businesses and indust~, rather tha~ the home- owner. They also tend to l~e less com- patlble With ~esidential areas than other types of brsinoss. Because of these factors, bulnesses:in this zoning class- ification ars cancentrated and are as insulated ~s possible from residential 6. LI Limltcd Industry Districts: TheSe areas have the prerequisites for indus- trial development. BeCause of prox- imity to residential ~reas,'.however, ~here are llmltatlo~s and higher d~velopment itandards that do not apply to '~(}eneral Industry" districts. ?. Gl General Industry 'Districts: These are areas which, heeause'~ of availablity tu thorough/ares and~railroads, suitable topography, and isolation ~from resi- dential aress~ are appropriate for man- ufacturing, ..Warehonsi~e, and similar uses generally, eonsldere~ as ~'industrl- al." These districts are particularly suitable, for ..those. industries that. cannot meet the high standards o£ Limited rndustry areas. 8. The properties within :~e above zoning districts are described in Section' VII Zoning District Boundaries. The various zoning districts are also shown on a Zoning Map, which is maintained in t. he V. illage Office. ;The Zoning Map is for tl~e convenience of the lmblie. Any error or omission in the .map shell not affect the legality of the dlStrlet bannd- aries as described in this ordinance or future amendments to the ordinance. MINIMUM!~aEQUI~ENTs ~~ ~'~S~ ~I MR .ii Lot Width ~.~.: Lot ~i_~a re ' g Unit (sq. ft.) 1-Family Structures 2~Family Structures 3-Family structures Apartment Building with 4 families and,,over Efficiency units 1-Bedroom units 2:Bedroom units 4. Minimum Ground Floor Area (sq. ft.) 5. Floor Area Per Dwellin~ Unit (sq ft.) 1-Family structures 2-Family structures Structures housing 3 or more families Efficiency units 1-Bedroom units ' 2 Plus bedroom units .6~ Non-Residential Lot Area (sq. ft.) 7. Non-Residential Floor Area (sq. ft.) 8. Front Yard Set-Back f 9. Side Yard Set-Back From. Street in case of corner lot Residential garage from adjacdnt lot Other . . 10. Rear Y~d Sot-Back 11. Height (l~iaximum) C.-EXCEPTIONS AND ADDITIONS TO ABOVE I~IIi~IIHUIff 'REQUIREi!IENTS 1..Front Set-Backs' Where, adj,oiniug structures existing at the ,time of adoption of this ordinance have d.different /rout set-back from that required,, the front set-back of a new structure shall conform to the pre- vailing set-b~ck · in. the, immediate vl- 'cinity.' The. Building Inspector ,shah determine the necessary front yard set- back in such .cases.. However, in no case .~shall, a building be required to set- ba~k more than 60 feet, except where an industrial district is adjacent to a residential district. In residential developments, the front set-back may be varied if there is an over-all design to the variation. In such a situation, the front yard set- back shall avera/_'e 30 feet. 2. Side and Rear Set-Backs Buildings may be excluded from side and rear set-back requirements if party walls are used and if the adjacent buildings are constructed as in inte- gral structure. 3, Set-Backs Adjacent to Residential Areas Where a proposed business s~ructure will be adjacent to a residential dis- trict, the minimum side and rear set- back from the lot line adjacent to the residential area shall be 25 feet. In the case of industrial districts, such m/nimum set-back shall be 100 feet. Where such industrial districts are : ', across the street from a residential district, the industry development shall have a minimum front set-back of 75 feet. 4. Set-Backs along Thoroughfares Along the followlng streets, hereby . designated as '~anlOr marte[rioaln~'', ebY the Council, the ' imu f o t s t-back for single family residences shall be 90 'feet from the center line of the street or 50 feet from the right-of- way line, whichever is the greater set- back: 27th Ave. No. 36th Ave. No. 42nd Ave. No. 49th Ave. No.,west of Winnetka Bass Lake Rokd 62nd Ave. No. West Broadway Winnetka Co. Rd. 18 Boone Avenue 5. Height In residential districts, multiple dwell- ings and non-residential structures such LB RB GB Districts Districts DistrictsDistrlct GI LI Districts District~ 25' 125' 9,500 5,000 15,000 (mha) 2,000 2,500 3,300 ?50 950 950 750 250 500 500 600 600 ~50 750 15,000 3 Acres 1,000 20~000 30' 35' 35' 35' 20' 20~ 20' 20' 5' 10' 10' 10' 10' 35' 35' 35' 35' 35' 35' 10,500 7,000 5,000 2,000 2,800 3,500 I Acre 3 Acres 50' 50' 20' 20' 10' 20' 35' ;15' as churches and schools, are exempt from' height, limitations, except that the set-back from any' residential lot ~hall be at:least 75o~ Of' the height, and the distance between any two, structures must be no less than 75% of the sum of the heights of thc two structures. Hei&.ht shall be the height above grade. 6~ Shopping Centers 'Any new structure in a retail business zo. ne must'be shown to fit as to lo- cation into an over-aH plan for the sliopping center. Before any area is rezoned into a retail business zone, '' the following conditions must be met: (a) The shopping center will be located at: ,an intersection indicated as a potential shopping center area on ~ - the Zoning Map. ..(b)' Submission of a plot .plan showing structures, parking, drive w a y s, ,-. landscaping, and screening. (c) Demonstration that the developers are firfancially able 'to carry out the project and that they will begin construction within 18 months af- · ter Coundll action on the proposal. 7. Planned, Developments Planned residential, commercial, and ha- dustrial developments may be excluded from certain .requirements of this ordi- nance (such as lot size, lot width, and set-backs), providing: (a) A complete, detailed plan is sub- mitred, showing location of all pro- posed residential structures, traffic- ways, and other facilities, (b) The same over-all population den- sity is maintained as would be the case with more conventional de- velopment under the Village's zon- ing requirements. (c) The Council, upon review and rec. omme~ldfitlons' of thc Planning Com- mission shall find that the proposed development is fully consistent with the purposes of this ordinance. (d) The development shah conform to the plan as filed with thc Vil- D. PERMITTED USES ,Except as provided for under Section II, Non-Conforming Uses, no building or premises may be ~devoted to uses other than those indicated below: · Other Residence Retail Shoppin~ TransP°rtation Terminal Warehousing "Wholesale Business Key: P P~rmitted Note: SR Single MR Multivle Family Family LB RB GB LI & GI -Resld- , Resld- Limited Retail General Ind- ential entlal Business: Business Business ustrial Districts DLstricts Districts Districts Districts Districts i Agriculture P P P P P P Automobile Service P Churches P P * Manufacturing P Medical P [' P P Offices P P P P P Other Businesses Including Outdoor ' Advert/sing P Public F P P P P P Pubhc Utility P P P P P P Research P P l-Family Residence P P P P P P P P P Uses. r'~ ] For uses permitted by special use permit, see following pages. Definitions of general use categories listed above are to be found under Rules .and De/tuitions, Section VI. Where question arises as to whether a proposed use' falls within one of the above categories, the Council shall ~iake: the dctcrminatiofi~ ~ -: (a) For the purpose of this section, the following uses are considered as daytime uses; banks, business of- fices, retail stores, personal service shops, household equipment or fur- niture shops~ clothing or shoe re- pair or service shops, manufactur- ing wholesale and simiLar uses. (b) The following are to be considered as night-time or Sunday uses: Audi- toriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, hats or restaurants. - (c) Up to $0 per cent of the parking facilities required for daytime uses may be supplied by the off-street parking facilities provided by day- time uses, and vice-versa. (d) Conditions required for joint use: (1) The.proposed joint parking space is within $00 feet of the use it will (2) The applicant shall show that there is no substantial conflict in the principal operating hours of the two-buildings or uses for which joint use of off-street parking fa- cilities is proposed. ($) A properly drawn legal instru- ment, executed by the parties con- cerned, for joint use of off-street parking facilities shall be filed with the Building Department. I. OFF-STREET LOADING 1. In connection with any structure which is to be erected or substantially altered, and which requires the receipt or dis- tribution of materials or merchandise by trucks or similar vehicles there shall be provided off-street loading space on the basis of the foliowing mmimum re- quirements: Sq. ft. of aggregate Minimum required -gross floor area number of berths UP to 10,000 0 10,000 to 16,000 1 16,000 to 40,000 2 For each additional 40,000 I additional 2. The size of the berths will depend upon the size of the trucks expected to be used. $. No loading berth of vehicles over two- tons capacity shall be closer than 100 feet to any residence district unless cmnpletely enclosed by building walls , not less than eight feet in height. 4. Wheer noise, from loading or unloading 4. Where noise from loading or unloading trier the acti.vity shall terminate be- tween the hems of 7:00 p.m. and' 7:00 J. TRAFFIC CONTROL The traffic generated by any use shall be channelized and controlled in a manner that will avoid: a) congestion On the public ~freets, bY trafflc hazards, and c) excessive traffic through residential areas, partlcu- Larly ~ruek traffic. Internal traffic shall be so regulated as to ensure its safe 'and order- ly flow. Tiaffic into and out .of business and industrial area shall in all eases be for- ward moving with no backing into streets. K. pEDESTRIAN TRAFFIC A sidewalk shall be provided with any new development along a street designated as a pedestrian walkway in the Village Plan. · L. DRAINAGE No land shall be developed and no use shall be permitted that results in water run-6ff, flooding, or erosion on adjacent properties. Such run-off shall be properl.~ channeled into a storm drain, water iourse, pending area, or other public facility.' All new development shall include provi[lon of curb and gutter along public streets. M. ARCHITECTURE IN ALL -DISTRICTS EXCEPT GB and CI, all principal buildings other than one and two-family dwellings must be de- signed by a registered architect. With res- pect to residential structures; thei'e must be some variey in house design within a given block. N. EXPLOSIVES No activities involving the storage utili- ducts which could decompose by'detonation shall be permitted except such as are sped- fically licensed by the Village Council. Such materials shall include, but not' be confined to, all primary explosives such as lead oxide and lead sulphate; all high explosives and boosters, such as TNT, RDS, tetryl and am- monium nitrate; propellant and component thereof such as nltrocellulose, black powder, ammoniurn perchlorate and nitroglycerine; blastin£' explosives, such as dynamite, powdered magnesium, potassium chlorate, potassium permangenates and potassium ni- trate; and nuclear fuel and reactor elementa such as uranium 235 and plutonium. O. RADIATION and ELECTRICAL EMISSIONS No activities shall be permitted that emit dangerous radioactivity beyond enelosed areas, There shall be no electrical distur- -bance (except irom domestic household ap- pliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbanc~ P. OTHER NUISANCE CHARACTERI$- ' TICS No noise, odors, vibration, smoke, air pol- lution, or dm,~erous wastes shall be created thht exceed the following: 1. Noise: Octave Band, Sound level in Decibals Cycles per second measured at prop- erfy line Residence Non-Residence Districts Districts 37.5 to 75 58 73 75 to 150 54 69 150 to 300 50 65 300 to 600 46 61 600 to 1200 40 55 1200 to 2400 33 48 2400 to 4800 26 41 Over 4800 20 35 2. Odors: Table III (Odor Thresholds) in Chapter 5, "Air Pollution Manual", copyright 1951 by Manufacturing Chem- ists Association, Inc., Washington, D.C. 3. Vibration: Any vibration disoernable (beyond property line) to the human sense of 'feeling for three minutes or more duration in any one hour and any v/brat/on, producing an acceleration of more than 0;1 g or resulting in any ~ombinatiod of amplitudes and ~requen- hies 'beyond the "safe" r-gn~e of T~le 7, U.S: Bureau of Mines ~ulletin o. 442, "Seismic Effects of Quarry Blast- infg", on any Structure. 4. Smoke: Any emission of visible smoke of a shade darker than No. I on .the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines, except that visible grey smoke of a shade not darker than No. 2 on said chart may be emitted for not more than four min- utes in any 30 minutes. 5. Air Pollution: (Fly Ash, Dust, Fumes, Vapors, Gasses~ etc.) Any emission which can cause any damage to health, animals, or veglta- tlon, 'or other forms of property, or which can c~use any excessive soiling at any point and in no event any emi. s- sion of any solid or liquid particles m concentrations exceeding 0.$ grains pe.r cubic foot o'f the conveying gas or air at any point..For ~measurement of the amount of particles in gasses resulting from combustion, standard corrections shall be applied to a stick temperature of 500 degrees Fahrenheit and 50% ex- ~ 6. Wastes: ' , ·' (1) All wastes shall be disposed o{ in manner that is not dangerous to puolic health and safety. ~ · {2) Wastes may not accumulate on the site,' except where fully screened from adjacent properties. ' (~) Wastes discharged into a public (a) shall be neutralized to a pH of 7.0 as a daily average on. a ~volumetric basis, ~wlth a tempo- rary variation of pH 5.0. to 10.0. (b) shall contain no Cyanides and no .Halogens, and shall contain not more than 10 p.p.m, of the' following gases: Hydrogen, Sul- phide, Sulphur Dioxide and Ki- trous Oxide, ' (c) shall not contain any inseluble · substances in excess of 10,000 p.p.m, or exceed a daily average · '. of 500 p.p.m, or /ail to pass a No. $ Standard Sieve, er have a dimension greater than ~ inch. (d) shall not have a chlorine de- ' maud greater than 15 p.p.m., (e) .shall not COntain phenols in ex- cess of .005 p.p.m., (f) shall not contain any grease or oil or an oily substance-m excess of 100 p.p.m, or exceed a daily average of 25 p.p.m. 'SECTION V ADMINISTRATION A. AMENDMENTS TO TEXT OF ZON- ING ORDIN-ANCE ' Except when the 'Council on its own in- itiative shall determine to amend, supple- ment or repeal thg regulations and provi- sions Of this ordinance~ in accordance ?ith the purpose ora comprehensive zoning plan, with or without a hearing as it shall deter- mine; all amendments shall require a public hearing to be held by the Planning Com- mission with notice of such hearin~ to be published oncc~ .~n the legal ~¢wspapcr of the Village. B. REZONING The procedure for changing zoning dis- trict boundaries (rezonlng) shall be as fol- lows: 1. The Planning Commission, Council or property owner may initiate a rezoding. Property owners wlahing to initiate a rezonlng of their property Shall fill out a '~Zonlng Form", copies of which are available at the Village Hall. Such form shall be duly signed by the peti- tioners who shah rec/te therein, in such general terms or particularly as the Planning Commission or Council may reqmre, the nature of their legal or equitable interest in the property in question, and the chan~e desired. The zoning form shall be accompanied by a fee of $5~), to be used for the costs of yrocessmg the application. The zoning orm shall be filed with the Village Clerk. 2. The Village Clerk Shall set a hearing on the application and shall h~ve no- tice of such-hearing published in the legal 'newspaper of the Village as re- quired by State Law. Property .owners within 150 feet of the property in question shall be notified, although fail- ure by any property owner to receive such notification shall not invalidate the proceedings. 3. The hearing on the rezoning application shall be held by the Planning Commis- sion at its first regular meeti~ follow- ing newspaper publication of the hear- ing, but not earlier than 6 days ~fter publication. 4. The Planning Commission shall deter- mine whether the proposed change con- forms to its general land use plan. It shall make its recommendation to the Council on or before the next regular meeting of the Planning Commission following the date the hearing on the petition is concluded. 5. The Council must take action on the application within 60 days following ze- commendation by the Planning Commis- sion. The person making the application shall be notified of the Council's action. C. SPECIAL USE PER~ITS A special use is one that may or may not be :compatible with other uses in the dis- trict within which it is located, The compai- ibility must be ~udged on lthe basis o/, the particular circumstances and may require the imposing of conditions. The procedure for issuance of special use permits is a~ follows: ~ 1. The person applyin8 for a special use permit shall fill out and submit to the Village Clerk a "Zoning Form", copies of which are available at the Village Hall, together with a fee of $25.00. 2. The Village Clerk shall refer the ap- plication to the Planning Commission. Property owners within 150 feet of the property in question shall be notified, although failure-of any property owner ~ to receive such notification shall not in- validate the proceedings. 3.' The Planning Commission shall consider the petition at its next regular /decting, but not earlier than 5 days. 4. The petitioner or his representative shall .:. appear before the Planning Commission ~-. in order to answer questions concerning the proposed sl~ecial use. · 5. The Planning Commission will consider possible adverse effects of the proposed special use and what additional require- ments may be necessary to preve/~t, such adverse effects. , , 6. The recommendation of the planning Commission shall be placed on the agen- da of the Council at its next regular meeting following recommendation from the Planning Commission. ?. The Council must take action on the application within 60 days after, receiv- ing the recommendation of the Planning Commission. If it grants the special use permit, the Council may impose condi- . tlons it considers necessary to protect the public health, safety and welfare. D. VARIANCES Where there are practical difficulties or unnecessary hardshlp~ in the way of carry- ing out the strict letter of the provlslohs' of this ordinance, a variance may be granted. The difflcnities or hardships must have to do. ~ith the characteristics of the land and n~t of the property owner. . A person desiring a variance shall fill out and submit to the Village Clerk a "Zoning Form", copies of which are available at the Village Hah, together with a fee of $15.00. Such forms Shall be duly sicned by the petitioners who shall recite therein, in such general terms of particularity as the PLanniug Commission or Council may require /he nature of their legal or equitable ~ter- est o£ the propetry in question, and the change desired. If possible,'the' petitioner shall obtain 'the written consent of any adjacent property owner who might be affected by .the variance. 2. The City Manager shall refer the 'ap- plication to the Board el Zonlng.'Adjust- ment and shall set the date ai which the matter shall be considered. 3. The Petitioner shall appear before the Board of Zoning Adjustment in order to answer questions. 4. The Board of Zoning Adjustment shall make its recommendation roche Council. 5. The Council shall determine whether the variance is to be granted. SECTION VI RULES & DEFINITIONS The language set-forth -in the tex of ' this ordinance shall interpreted in accordance with the following rules of construction: Ca) The singular number includes the plur- al, and the plural the singular. ' .Cb) The present tense includes ;the' past and the future tenses, and the ,future ' the present.' Cc) The word "shall" is mandatory' while th word "may" is permissive. Cd) The masculine gender includes the feminine and neuter. Ce) All measured distances shall be to the nearest integral foot. If s fraction is Si foot or less, the integral foot next below shall be taken. Cf) The following words and terms, wher- ever they occur in this ordinance, shall he'interpreted as herein 'defined: ACCESSORY USE OR STRUCTURE: The use or structure subordinate to the principal use or building on the same lot 'and' servhag a purpose customarily inclden- tal thereto. 'ACRICULTURE USES: Those'uses as- Si)elated with the growing of produce and livestodk,'on farms. These ,include: field crop farming; fruit growing; tree, shrub, plant or flower nursery without building; truck gardening; roadside stand for sale of products.grown on premises; livestock rais- ing and feeding (not including fur farms, ':commercial animal feed lots, kennels, and --poultry farms). APARTMENT: A room or suite of room~ with cookint, facilities .available which occupied as a residence by a single family. ' AUTOMOBILE SERVICE STATION: A' place where gasoline, kerosene, or 'other motor fuel or:lubricating' oil or grease for 'operating motor vehicles is offerec~ for sale to the public and deliveries are made di- ..rectly into motor vehicles. Include~ greasing and oiling and the sale of automobile ac- cessories on the premises. Also fender, work, painting and upholstering,, replacement of parts and motor services to passenger auto- mobiles and trucks not exceeding 13i tons capacity. It shall not include general repair, rebuilding or reconditioning of engines, mo- tor vehicles or trailers; collision service, in- cludint! body, frame or fender straigktening or repair; over-all painting Or paint vehicle, steam claauing. AUTOMOBILE SERVICE USES: ·Those uses catering to the motorist traveling along the-highway. These include: auto laundry; eating establishments; motels (tourist courts); outdoor advertising; refreshment drive-ins; public garages, repair garages; seasonal produce, stands; service stations. AUTO WRECKING YARD: Any open space where three or more inoperative ve- hicles are stored which are not registered and which do not possess current State auto licenseS. 'BASEMENT: (See .definition in building code.) ;;BOARDING HOUSE (Rooming or Lodg- in~ House): A building containing lodging rooms accommodating, for compensation, three or more persons, but not exceeding twelve, who .are not of the keeper's family. Lodging may be provided, with or without meals. ' .BUILDING' Any structure which is built for the support, 'shelter or enclosure of pesons, animals, chattels or movable prop- .erty of any kind which is permanently af- fixed to the land. BUSINESS: Any occupation, employment 'or enterprise wherein merchandise is exhib- , iced or sold, or which occupies time, at- ' tentlon, labor and materlals, or where sec. vices are offered for compensation. ~ ~CHURCH: A buildin~ together with :its accessory buildings and uses, where persons regularly assemble for religious worship · and which building, together with its acces- ' so/'y buildlr/gs and uses, is maintained and 'controlled by a religious body organized to 'suitain public worship. CLUB OR LOI)C.E: A club or lod&'e is a non-profit association of persons, who are bonafide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to s'e~ve food and meals on such preniises pro- riding ad~quaCte, dfuing room space and kit- chen' facilities are available. Serving'of alcoholic, beverages to members and their guests . shall be allowed, providing such serving is secondary and incidental~ to the operation of the dining room :for the pur- 'pose of Serving food and:meal and 'beverages is in~compllance~ with the appll- ins further that ~such serving of alcoholic cable-Federal. 'State and Municipal laws. COMPATIBLE: A structure shall be deemed compatible when its exterior archi- tectural appeal.~and functional plan will not be ~o at variance with those of other struc- tures in the immediate' neighborhood as to cause substantial depreciation of' property values thereof. DOG KENNEL: Any place where four or .i/iore dot's over six months o£ age are -kept, 5r offered for sale. DWELLING/ A residential building or portion thereof, but not including hotels, nmtels, boarding or rooming houses, tourist homes or trailers. FAMILY: A family is: Ca) An individual, or two or more per- sons related by blood, marriage or adoption living together, or (b) A-group-of not more'than five per- sons who 'need not be related by blood,: marriage or , adoption, living to/lether as a single housekeeping unit in a dwelling unit, exclusive of usual servants. FLOOR AREA: The sum of the gross ~ horizontal areas of the so,Coral floors of the building or portion thereof devoted to a pai'/icular Uie, includin~ accessory storage ~reis '1ocate'd within selling or working ~pace such 'ai counters, racl~S or cl0s~ts, and any b~isement f16or area' dev0ted to retailing activities, to the' production or 'processing of goods, or to business br professional of- /ices. However; the. floor area shall not in- clude: bas%ment floor area other than area devoted to retailing activities, the produc- tion or; processing of goods, or 'to business Or professional.offices. The floor' area of a ~ residence shall include 50%. of the area of attached garages and enclosed breezeways or oorches, but Shall not include basement area. GARAGE. PRIVATE: An accessory building or accessory portion of the princi- pal building which is intended for and used to store the private passenger vehicles of · the vfamily _or families ..resident upon the premises,, and in which no business service or industry is carried on; provided that not more than one-hidf of .the' space-may be .rented for the. private vehicles of. persons - not residerit¢on .the. premises,:ex~:ept that all the- space in a .garage of one or two car capacity .may be so rented. Such a-garage shall not be used for more than one com- mercial veMele. The .load capacity of such commercial vehicle shall not exceed one ton, GAP,~GE, .PUBLIC: A building or per- tkm of a building, except any herein de- fined as a private garage or as .a repair ga;** age, used for the storage of motor vehicles, ~or where any such vehicles are kept for re- muneration or hire and in which any sale ~.of .gasoline, oil and accessories is only in. cidentat to the principal use.. GARACE, REPAIR: A building or space for the repair or maintenance of motor ve- hicles but not including factory assembly !of such vehicles, auto wrecking establish- . merits or junk yards.. · 'HOME - OCCUPATION: Any gainful occupation :or. profession engaged in by the occupant of,a dwelling, at or from the dwell/ne when carried on within a dwelling unit and not in an accessory building. HOTEL: A .building which provides a common entrance,' lobby, halls and stairway and in which lodging,is ,.offered with or Without meals to. thirteerLor mere guests. ~ JUNK YARD: An open area where waste, used, or second hand materials, are bought, sold, exchanged, stored, ~balecl, packed, dis- assembled or handled, including, but not limited to, 'scrap iron and .other metals, -paper, rags, rubber, tires arid bottles. A junk yard' includes an autowrecking yard but does not include, uses. established en- tirely within enclosed buildings. . LODGIN.G ROOM: A room rented as ..sleeping and living quarters but without · cooking facilities and with or without, an individual bathroom, In a suite of rooms without cooking facilities, each room which provides sleeping accommodation Shall be counted as one lodging room. LOT (o£ record): A parcel of land, whe- ther sub-divided or otherwise legally des. 'cribed, as of the effective date or this ordi- nance, or approved by the City as a lot sub- sequent to such date and which is occupied by or intended for occupancy by one prin- ' ~ipal'huilding or principal use together with any accessory buildings and such open spaces as required by this ordinance an.i having its principal frontage upon a street. · LOT; 'CORNER: A 'lot situated at' the junction of and abutting off two ,or. more intersection streets; or a lot ~it' the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. LOT, ;FRONT OF: The front of a lot shall be, for the purposes of complying with this ordinance, that boundary abutting a public right-of-way having the least width. The owner of a corner lot may select either street lot llne as the front lot line. LOT,. LINE: A property boundary line of any lot held in single or separate own- ership; except that where any portion of the lot extends into the abuttln~ srset or alley, the lot line shall be deemed to he the street or alley line. LOT, WIDTH: The mean horizontal dis- tance between the side lot lines at; the front minimum set-back :line; MANUFACTURING USES: All manu- facturing, compounding, processing packag- ing, treatment, or assembly of products and materials. MEDICAL USES: Those uses concerned with the diagnosis, treatment, and care of hun)an beings. These include: hospitals; dental services; medical services or clink; nursing, convalescent home; orphan'i home; rest home; sanitarium. MOTEL (Tourist Court): A building or group of detached, semi-detached, or attach. ed buildings containing guest rooms or dwellings, each of which has a separate out- side entrance 'leading directly from .the out- side of the building, with gara£~e or park- ing space conveniently located to each unit, and ~whlch is designed; used or intended to be .used primarily for the accommodation of automobile transients. NON-CONFORMINC USE: Any build- .lng, structure or land lawfully occupied I~ a use or lawfully established at the time of the vassage of this ordinance of amend monte thereto which does not conform, after the passage of this ordinance or amend- nmnts thereto, with the use i'eguiations therein. NUISANCig CHARACTERISTICS: Of- fensive odors, noises, substances, smoke, ashes and soot, dust, gas, fumes; chemical diffusion, smog, disturbances and vihra- t-ions, sights,~or the like or things, condi- tions or uses which may work a hurt, au- noyance, inconvenience, or damage to the public or to another, with respect to his contort, health, repose or' safety, or with re?peet to the free use and comfortable enjoyment of his property, even thoug.h not of sufficient degree to constitute a nmsance at law. OFFICE USES: Those commercial ac- tivities, that take place in office buildings, where Roods are 'not produced, sold or re- paired. These include: banks, general of- fices, governmental office, insurance office; · personal loan a£'ency; professional office; real 'estate office; taxi.cab office, but not iaXl stand?![ra~dl agency or transportation ticket bffice; telephone exchange; utility office radio broadcasting facility. OFF-STREET LOADING SPACE: A space accessible from a street,alley, or drive-way for the use of trucks while load- ing or unloading merchandise or materials. Such space shall be of such size as to ac- 'commodate one truck of the type typically used in the particular business. OPEN SALES LOT: Any land used or peeupied for the purpose of buying and selling second-hand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft construction equipment and monuments and for the storing of same prior to sale. PARKING SPACE: A suitable surfac.efl and permanently maintained area on pri- vately owned property either within or outside 0f a building of sufficient size to store One standard automobile. ~ PUBLIC STABLES: A stable where horses a~e kept f6r renumeration, hire, or sale. PUBLIC UTILITY USES: Transmis- sion facilities of 'electric power, .gas, water, teleph0~ie and railroad companies. These include: electric poW~i' transmission lines and gas pipe lines (but not substatloni); telephone facilities; water pumping, reser- voir, and distribution facilities; railroad trackage, but ' not includinr, storage and switching yards. RESEARCH; Medical, chemical, elec- trical, metalurgical or Other scientific re- : search. REST HOME (Nursing Home): A pri- vate home for the care of children or the ~ged or infirm or place of rest for those suffering bodily d{sorders. Such a home does not contain eqiupment for surgical care or for the treatment of disease or injury, nor does it include maternity care ' or care for mental illnesses or infor- SPECIAL USES GENERAL STATEMENT Certain uses~ while generally not suit- able iua particular zoning district, may, under some circumstances, be shitable. 'When such circumstances exist, a spec- ia1 use permit may be granted. Condi- tions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. The cancellation of a special use per- mit shall be considered equivalent to a rezoning, and the same procedural re- quirements shall apply. Uses existing at the time of adoption of this amend- ment and-.falling in the cate~.qry special uses shall automatically be ~ranted a special use vermlt. 2. REASONS WHY CERTAIN USES REQUIRE SPECIAL USE PERMITS a. In Residential Districts, certain uses are 'not considered appropriate with- in ,the interior of residential neigh- borhoods because of noise, traffic, commercial character on other con- dition that would tend ,to 'tricot ad- versely the residential character of the neighborhood' and reduce prop- erty values. These uses are 'consid- ered appropriate only ,on the peri- phery of residential neighborhood. The uses may represent"buffer" uses for those areas lying between single-family ',dwellings and ,non-resi- dential uses. b; In Business Districts, certain uses are conidered, as~ a rule, unsuitable in Limited ,and Retail Business Dis- tricts because, of inkerent nuisance characteristics (e.g. traffic, noise~ ,. ~,:~:glare);: proximity :tal ~residential areas,'on the fact they- tend not to serve-nearby residential .areas. In Industrial: Distrlcts~ certain, uses are ,consides;'d · generally.. ~unsultable in industrial districts .,because of conditions that would .tend to dis- .con:age other industrial development in the vicinity. These conditions in- clude noise, dust, glare,' or unsight- liness; Certain other industrial laud uses ar.e considered generaily;,inap- propagate ,because they represent un- der-utilization.of land. This, in turn, means .,a low tax return from land that under fuller development would 'be, contributing needed revenue to the community's tax base.. d. In all Districts - Temporary Uses. Certain uses. that are generally not suitable..,withi2 a ,partic~lar zoning district are potentially suitable, on a 'temporary, basis. , This may be due ~co th~ lack of deevlopment on exist- .,lng property to a. short-term need (such as .highway construct-ion), or to ,the .,limited de~ree of adverse af- fects. ,upon adjacent land 3: CRITERIA FOR GRANTING SPEC- 1AL USE PERMITS In grantinu a special, use i~ermit, the Council shall find that: a. In Residential Districts:, (1) Non-residential traffic is channeled onto thoroughfares and not onto minor residential streets. (2) The proposed use will be sufficient- ly sepaiated -by distance or screen- lng /rom adjacent residentially zoned land so that existing homes will not be mate~'ially depreciated ~, in value and there will be no deter- ence to developmen~ of vacant land. t3) The structure and site shall have an appearance, that will not have au adverse effect upon adjacent residential properties. (4) There sh;ill be no. signs visible to abutting dwellings., (5) With the excepti0d of iv~0-family dwellings, 'the property is located immediately adjacent to' a commer- · ciai area~ industrial area, intersec- tion of tho:bi/th/areS, intersection Of thoroughfares and railroad; or, in the case of churches or apart- ment buildings, a thoroughfare. 'b. In Business Districts: (1) The proposed use will not cause traffic hazzard or congeStiOn. (2) Adjacent residentially - zoned land will. not be adversely affected be- cause of traffic generation noise, giare, .or other nuisance character- istrici. (3) Existin~ businesses nearby will not be adverseb; affected because of curtailment of customer t r a d · brought about by intrusion of non- shopping traffic or £'eneral un- sightliness. c. In Industrial Distkicts: (1) Nuisance characteristics generated by the use will not have an ad- verse effect upon existing ahd Cure. development in adjacent areas. (2) The use will provide an economic retnrn to the community commen- surate with other industrial usis that the property could feasibly be used for. d. In all Districts--Temporary Uses (1) Adjacent vacant land is not yet ripe for development or will not be affected by the proposed use. (2) Adjacent developed land will not be adversely affected by the pro- posed use because of traffic, noise, dust, smoke~ unsightliness, or other nuisance characteristic, ($) The period of time for which the special use permit is to be granted will terminate before any adverse effects are felt upon adjacent prop- (4)Thei'e is adequate assurance, guar- anteed by performance bond if nec- essary, that the property will be left in suitable condition after the use is terminated. 4. LISTINC OF SPECIAL USES: a. In Residential Districts:' Cemeteries Churches, Private Schools, and other Institutions Commercial Park and Pool Clubs and Lodges, non-profit 'Greenhouses Home occupations, that fall to meet the requirements established in resident- iai districts ospitals, asnlto~inms, and rest homes 0tels and Mobile Home Courts (Spec- iai Use in Multiple Dwelling District only) Off-street parking for adjacent com- mercial or industrial uses Other Residenies (including dwellings housing.~wo or more families~ board- lng homes, lod//ng houses, and tourist homes) ' Public utility buildings. b. In Limited. Business Districts: Clubs and Lodges, non-profit Mortuaries Off-street parking for adjacent com- mercial or industrial uses Pri~ate colleges and institutions. c. In Rdtail Business Districts: Clubs and Lodges, non-profit Commercial .recreation (such as bowl- ing a!ley~ po01 hail) Fuel and ice sales Mortuaries Outdoor ~saies Restaurants with ;lye entertainment . and dancing Seasonal businesses Service .Stations Taxi stahd. d. In General Business Districts: Schools, music, dance or business. e, In 'Industrial Districts: Ope. n storage, where suc~ storage is ail:.ad storage and switching yards Service Stations -}, ,.~lotels and Restaurants. In all Districts - Temporary Uses Black-top dr crushing plant for high- way materials Carnivals Or circus for period not to exceed 10 days Christmas tree sales Excavating businesses · sand, gravel, or black dirt Stoikpilin~ of material for use in high- way construction Religious meeting or tent or other tem- porary structure for a period not to exceed .10 days. F. ACCESSORY USES P In addition to those primary uses that are permitted in, a given district by special use permit or otherwise, the following accessory uses are pern~itted: 1. Accessory Uses in Residence Districts Accessory Uses: (1). Conservatories for plants'and flow- ers, not _ including any business, trader or industry. i2).. Excavation incidental to construc- tion on the premises. (3), Home occupations, providing no retail business other than that con- ducted by mail.is conducted on the premisesl there is no manufacturln, g or equipment repair; no stock m trade shall, be kept and sold on the premises; no person not residing on the premises shall be employed; no interior or exterior alterations nec- essary to conduct a business shail be made to the structure; the en- trance to the space de.voted to such occupation shall be within the dwelling; there is no exterior dis- play. or sign except those normally permitted in a residence district; there shall be no exterior storage of material or equipment; the home occupation is conducted entirely within a buildln, g. (4) Identification s~gns in accordance with ~performance standards govern- ing mgns (see Section IV). (5) Private garages containing not more than ?00 sq. ft. of floor area or praking area for not more than four non-commercial passenger vehicles only. (6) Separate ~tvtng quarters for domes- tic servants employed on the prem- ises contain 16,000 square feet er more of lot area. (7) The renting of rooms by a resident family for lodging purposes only and for the accommodation of not more than two roomers in a single family dwelling. 7. ACCESSORY USES IN BUSINESS AND INDUSTRIAL DISTRICTS Accessory Uses: (1) Business signs in accordance with performance standards _ governing signs (see Section IV). (2) Dwelling for watchman and family. (3) In .industrial areas: restaurants si- tar and candy counters, and a~mi- ar uses, provided such uses are madly for the use of employees in the immediate area. SECTION rv [~ERFORMANCE STANDARDS The performance standards established in this section are designed to encourage high quahty residential and business develop- ment by provldlnu assurance that neighbor- ing land uses will be compatible. The per- formance standards are also designed to prevent and eliminate those conditions that cause blight. All future development in the Village shall be required to meet these standards. The standards shall also apply to existing development where so stated. The Building Inspector shall be responsible for enforcing these standards and may requl-e the submission of-information showing com- pliance or non-compliance with the sCan- ards. Before any building permit o~ certificate of occupancy is approved, the Building In- ,specter shall determine whether the ,proposed use is likely to conform to the perxormance · standards. The developer shall supply addi- tional data about the proposed use (such as equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage, etc.), where required to do so .by the Building Inspector. It may occasionally be necessary i~r a developer or business to employ specialized cp'nultants to demonstrate that a given use will con- form with the performance standards. A~ EXTERIOR STORAGE . IN R (Residential) DISTRICTS, all materials and equipment shall be stored within a building or fully screened from adjoining properties, except for the fob lowing: laundry, dryin~ and recreational equipment (not including trailers); con- struction and landscaping materials and equipment currently being used on the premises, agricultural equipme, nt an~ materials if these are used or intended for use on thc premises, off-street park- ing of passenger automobiles and pick-ur trucks. 2. IN ALL OTHER DISTRICTS, no materials or equipment may be stored outside except those directly related to the principal use or those being used for construction on the premises. B. REFUSE IN ALL AREAS, all waste materiai, de-. bris, refuse, or garbage shall be kept in an enclased building or properly contained in a closed container designed for such pur- pose. The owner of vacant land shall be responsible for keeping such land free refuse and weeds. C. SCREENINC' 1. Screening shall be required in all zones where a) any off-street parking area contains more than six parking al)aces and is within ~0 feet of an residential zone, and b) where the drive- way to a parking area of more than six parking spaces is within 15 feet of an adioining residential zone. 2. Where any business or industrial use (i. e. structure, parking or storage) is adjacent to proper~y zoned for residen- tial use, that business or industry shall provide screening along the boundary of the residential property.. Screening shall also be pro~ided where a bnslnesl or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Build- lng Inspector). 3. IN ALL DISTRICTS EXCEPT GB and Gl, all exterior storage shalJ be screened. The exceptions are: 1) i'etail merchandise being displayed in front of the structure: 2) materials and equip- ment being used for construction on the premises: $) 'merchandise located on service station pump. 4; The screening required in this section shall ionsist of a solid fence or wall not less than $ feet high but shall not ex- tend within 15 feet of any street or driveway. The screening shall be placed along property lines or in case of screen, lng along a street, 15 feet from the streei right-of-waY ' with landscaping between the screening and the pavement. D. LANDSCAPING' IN ALL DISTRICTS EXCEPT RB, GB and SCB and; Gl, all development uses shall provide a landscaped yard along, all streets. This yard shall be kept clear of all struc- tures, storage, and vehicle parking. In Resi- dential Zones, this yard shall, be at least 20 feet. ~Tn Limited BusineSs and Limiied Industry areas, the yard shall be izt least 20 feet in depth along all streets, measured from the street : right-of-way. -'Except for driveways the:yard shall extend along the entire frontage Of' the !ut, and along both streets in the case'of a corner Iot- E, MAINTENANCE , tI~~ ALL DISTRICTS, all structures, re- quired landscaping and fenceS shall be maintained so as not' to be unsightly to the adjoining areas. F. GLARE IN ALL DISTRICTS, any lighting used to illuminate an off-street parkinu area or sign shall be arranged aa to deflect light away from any adjoining residential zone or /rom 'the public street. Direct or sky- reflected glare~ ,whether from floodlights or from high-temperature' processes such': as combustion or welding, shall not be directed into any adjoining property. G~ 'SIC'NS 1, RESIDENTIAL DISTRICTS .Type--Identification signs only. Number~One ,only on ~any~ lot Size--No more than one ~ and one:half sq. ft. per dwelling, 24 sq. it. /or non-residential 'identification signs. Height--Not over 10 it.above grade. · Projection into required front set-back area~Any sign aver one and one-half sq. ft. shall be set-back at least 10 ft. from any property line. - Illumination--Lighting for illuminated signs must be indirect or diffused. 2.'LIMITED BUSINESS DISTRi'CTS. Type--Identification and business signs only. Number--One per principal entrance.: Size~40 Sq. ft~ - ~ Height--No more .than 2 ft. ab0ve'~igh- est outside wall. Projection into .required front set-back area--Any s~gn over 5 sq,-/t~ may project only 2 fi. into set-back area lrom building. Illumination--Illuminated but non,flash- ing signs permitted. 3. SHOPPING 'CENTER DISTRICTS Type--Identification, business, and ad- vertising signs. Number~Bnslness signs; (other than small signs below canopy): One per principal entrance or frontage on principal road, plus one :over-all sign for shopping center. Outdoor advertising signs: No limit on number. Height--Business signs: Roof signs may not be over 5 it. above highest out- side wall or parapet, except, for over-all shopping center signs, which may extend $0 ft. above the roof. Projection into required front set-back ares--Overall shopping center identifi- cation signs: Not closer than 10 ft. of street ROW. Wall or projecting signs: 2 ft. into set-back area. Illumination--Illuminated and flashing signs vermitted. 4. GENERAL BUSINESS DISTRICTS Type~All types perm/tted. Number--Business signs: One on build- ing and one pylon ~or pedestal sign per frontage on thoroughfare. Ad- vertising signs: One structure (con- ~taining not more than 2 sigma per facing) on one lot plus additional sign for each 100 it. of frontage in excess of 100 it. Size--Business signs: 150 sq. it. per pedestal sign. 825 sq. ft. per fac- ing for outdoor advcrtiing struc- ture. Height--No more than 40 ft. above g}'.ade - 27 it. above roo£ ior roof Projection into required front set-back area--Structures having a front set-back area more than 25 it. over that required may have a pylon or pedestal-type sign within front set- back area, but not closer than 10 ft. to the front property line. Wall and projecting signs may project 8 ft. into front set-back area. Illumination Illuminated and flashing 5[ signs permitted. gENERAL INDUSTRY DISTRICTS Type--All, 'types. Number--Business signs: One per fron- tage ,on street, or per business. Ad- vertising signs: One structure (con- raining not more than 2 signs per facing) on one' lot plus additional sign for each 100 ft. of frontage in excess ~of 100 'fi. Size--No .limit. Height--No ground sign more than 40 ft. above grade and no roof sign more than 30~ ft. above roof. Projection into required front set-back area--2 Ft. Illumination--Illuminated and flashing signs permitted. 6, LIMITED INDUSTRY ~ISTRICTS Type--Identification and Business siL, ns only. Number--Business: signs: One per fron- tage on sfre'et,"or l~er business. Size---Bdsines§ 'signs: 'One Sq;",ft. for each 100 q:! ft. of,ground ~loor area. Height--No higher than 5. ft. above highest o{/tside 'wall, Proiect/on into required' front sst-hack area--2 Ft. 7. Illumination: 'Illuminated but not 'flash- ing signs permitted. 3. ALL DISTRICTS No sign ,may 'be' erected ,that by rea- son of position, shape, :0~ '/olor would interfere with the 'proper 'functioning of a traffic ·sign o~: signal.: b. The?e shall be-no lashifiu or revolv- ing signs in the front set-back area within 125 ft.' of a gtreit'interiecfion. .c. ServiCe stat/off may erect ' pylon or pedestal signs anyivhere' in front set- back area but such-signs ma~~ not be Closer'to 'side lot lines than the re- quired side-yard set-back.' d. Except for' grand openings and holt- data banners~ and'str/ngers may not be USed. e. There shall be no use' of revolving beacons, Zip flashers or s~milar dc- vice that would sO di'str//di automo- 'bile traffic as to constltute'~ safety hazard. f. In diitricts other than General ,Indus- try and General Business, signs shall not be painied 6U the o{ltide wall a building, signi shall riot be' painted on a fence in any dist~/~t,,i/d/ · . ,g For rent and for sale signs, may be placed in any yard providing such signs are not closer than ,10 ;it. to any property line and :do not exceed 10 sq. it. in resident;a! districts, and 32 sq, ft. in other districts, h. Signs adver~islng new housing de- ' velopments m.a.y,be constructed in an)' district, pruviaing:', any,' one sign not over 80 sq. ft. ;i the signs ~re lo- cated at 1cast 1~0 it,_ fr0~ ~any pre. existing home; ihe <~igns i://re re- moved within two .yefirs o/" when the ,particular' project is ,?$% 'sold out, · whichever, time is'th~ shorter. i. Except for grand opening'arid holi- days, there_ shall 'be no temporary signs in any required set-back area, There shall.be no more thin 3 such signs on any parcel, and the total sign area shall not exceed ,.50 sq. ff. j. All temporary, signs sl~all do~ply with these performance standards Within six months of the dale of ,~doptioe this ordinance. k. No sign shall overhang the public right-of-way. ' · , . 1. ' Tcaffie control signs are · permitted tn any district. m.-,Directional signs not located on the premise of the use in question may be located in any dis~ict by condition- al use permit. . n. The illumination of any sign located · - within 50 ft. 'of a :residential district lot line shall be diffused or indirect, non,flashing, designed so' as not to reflect direct rays of light ~into adja- cent residences. o. If a commercial or industrial build- faces a Freeway or major arterial, the permitted size. of signs shall be doubled for each additional 25 ft. of front-yard set-back, except that such increase shall not .result in a sign area more than 20o~ of the area the face of the,buildlng on which the sign is located .... p. To. provide reasonable flexibility in these regulations, ,the Building in- spector may, subject,to the approval of the Village Council, .approve an application for a sign that exceeds the mumber,, size, or height~ of signs permitted by these regulations where such exception would not be-inqon- slstent with the intent of regulations. H. PARKING 1. SURFACING AND DRAINAGE: Off- .street parking areas shall be improved with a durable and dustless surface. Such areas shall be so graded and drain- ed as to dispose of all ·surface water accumulation within the area. These re- quirement~ shall also apply -to open sa]es .lots for ears, trucks,' and other equipment. 2[ LOCATION: All accessory off-street parking facilities required herein shall be .located as follows: 'a) Spaces accessory to one and two- family dwellings on the same lot as the principal use served. h) Spaces accessory to multiple-family dwellings on the same lot as the principal ,use served or: within 400 - /feet. of the main' entrance';to the ~)rincipal building serve& c) Spaces accessory to uses located in ' a Business or .Industrial District; within 800 feet ,of a main entrance to the principal building :served. d) :There shall be no off-street parking ,-space within three .feet of any street right-bi-way. / :, $. ACCESS: Alt bffstreet ,parl~ing spaces shall have ~aeeess 6ff driveways and not directly off the public street. 4. DETERMINATION OF,. AREAS: A :,', parking space .shali be not less than $~0 square feet of standing: ~and maneuver- lng area· When application .of these regulations results in a requirement of a fractlonal space, any fraction up to and including one-half shall be disre- garded. Fractions over one,half shall count as one additional space. 5. TRUCK PARKING' IN, RESIDEN- TIAL AREAS: No motor vehicle ever ~ 'tons and no commercially, licensed trailer shall ,be parked ,in ,a~ platted residential district except~when loading, unloading, or iendering a service. 6. OTHER PARKING ,IN!: RESIDEN- TIAL AREAS: Parking ink,resident/al ~rcas~(off-street and-on-street)shall be · limited to ,the use of, the residents of those home; Except fo~ short~term park- in// (sm hours or Iess)~ the number vehicles parked on. or in front of a 'residential lot shall not exceed the emu- bet ',of persons, residlng nn,the.: premises and having automobile drivers: licenses. 7. SALE OF ,PARKING,~AREAS. Prop- erty that constitutes required :off-street parking area may nb% ibe separated, through sale or. other means, from the property containing~ the principal usc for which the ' parking .area 'is' required. · 8. OFF-STREET SPACES 'REQUIRED (One Space equals 300 sq.~ ft.): I and 2 family residences--One space '"per dwelling unit.- Multiple .Dwellings---Ute and~ one-hal/ spades per - dwelling-: 'unit-',: Lodging houses---One space for each two bedrOOms; Churches, Theatres, &udltoriums,: Mor- tuaries, and other places oi assemb- ly One space~ for each 3 seats or for each five feet of. pew length. Hospitals--One space for ' each four beds and additional space for every employee. Business~ and Professional Offices (ex- cept Medical: and ,.l~entah*~Clinics)-- One space for each 400.square feet of floor '~space. M'edical and .Dental Clinics--Three spaces per doctor or dentist. Retail Shopping--One space for each 85 sq. it. of ,retail iloor:,space. Motels---Oni space for 'each unit and tar e~h' employee~ Restaurants--One space for each 3 seats Service Stati0ns~Three spaces for each enclosed-bay and one space.for each full.time emplbyee. /- Bowling Altey~-aqFive: ~pa'ces' ~per lane. Drive-Ins--At least 15 spaces /ar thos~ serving :food' oi~ refreshinents~ aha ai least 10 ~Spa~es' for all others. Other Business and. "Industry--One space for' ex;cry:' tiv~''~ employees (~ased upon maxlmum~!planned_ em- ployment dur/ng any -~wbik ,',period) or one space for each 800 sq. ft. of .floo¥ ~area, whict/tver,.~require- meet is 'the ·greater. · 9, JOINT FACILITIESi ReqU/red park- lng facilities serving two or more uses may be located ,on tl!e~same lot or in the sam~' strudlure I~tvlded that the total numbe? 6i p~rki~lg spaces furnish- ed shhll .be not less 'than ~the' sum of the Separate ~equiremehts fo}/e~ch use. The Council may appr0ve'ithe joint uge of parking facilitiel by the following uses or activities un~el: [t~e fol~oi~ing con_dit!o~!s ~ ,~ ~.~: RETAIL :SHOPPING: USES: Stores and shoos sellin~ the personal services or good; over a:cou~t?. 'T?se in~in~: antiques; art and school supplies; au o - cessories; bakeries; barber shop; beauty parlor; bicycles; books and stationery; candy; cameras and photographical sup- plies, carpets and rugs; ~te~ng establish- manta; china and glassware; christmas tree sales; clo~hes pressing; clothing ~d cos- ume r~tal; custom dressmaking depa~- men~ ~ores and ~unior departm~t stores; drugs; dry goods; elec~ical and house- hold appliances, sales and repair; florists; food; ~urnlture; furrier shops; garden supplies (year-round operation only); g/its; hardware; hats, hobby -shops for retail of items to be assembled or used away from the praises; household ap- pliances; ho~ls and apartm~t hotels; interior deco,rafin~; iewel~, including watch repair; laboratories, medical and dental research and t~fing; laundry and dry cleinln~' pick:up, processln~ to be done elsewhere; land,mat; leather goods and luggage; locksmi~ shops; musical instru- ments; office suppl~ equipment; optome- trists; paint and wallpaper; .phono~aph record; photography studios; re~aurants, when no ente~alnment or dancing is pro- vided; shoes, spo~in~ goods; tailoring; theatre, except open a~ drive-in; tobacco; toys; variety stores; wearing apparel SET-BACK: ~he minimum horizontal distance between a bulldin~ and street or lot line. SIC. N: A name, identification, descrip- tion, display, illustration, structure, or device which is affixed to, or painted, or represented dlrectiy or indirectly upon a buildina or other outdoor suriace or piece o{ land, and which directs attention to an object, product, place, activity, person institution, organization .or b~siness,' and may be a sin~le-fape, double-face 'or "V"- type structure. SIGN, ADVERTISING: A ~gn which directs attention to a bu'dness, ~ommo~ty, service, or ente~ainment, not necessriW conducted, sold or offerhd upon the prem- ises where such si~n is located or to which it is affixed. SIGN, BUSINESS: A sign which directs attention to a business or profes- sion or to the primary commodi~, service or enter~inment s~ld or offered upon the premises where such sign is located or to which it is a~ached. SICN: FLASHING:. An~.. illuminated sign on which the artificial light is not maintained stationary and/or constant in i~tens~t% .and color at all times when such SIGN, IDENTIFICATION: A mgn identi/ying a resident, school, church or other non-business use. SIGN, ILLUMINATED: Any sign which has characters, letters, figures de- slim or outline illuminated by electric lights or luminous tub~ as a pa~ of the sign proper. SIS'N, ~DESTAL: A si~ erected upon a single post or shaft. SIGN. TEMPORARY: A sign that not solidly affixed to ~e ground or to a building. 'SIGN. GROSS SURFACE AREA: The entire area within a single continuous per- imeter enclosing the extreme limits such dgn and in no case passing through or between ~y adjacent elements of same. However, such perimeter shall not include any structural elements ]yin~ outside the limits oi such si~ and not forming an integral pa~ of the display. In compufinE oquare foot ar~ only one side of a double-/ace oi '~V"-t~pe ~ructure shall be consid~ed. STRUCTURE: Anything erected, the use of which requires more or less perma- nent location on the ~round; or attached w something havina a permanent location on ~e ground. This shall include s~s. TRAILER PARK: Any premmes an which are ~arked one or more trailers, or any premises used or held out for the pu~ose of supplying to the public a park- ~ng space for one or more oi such trail- ers; does not include sales lots~on which automobiles or unoccupied trailers--new or ueed--are parked /or purposes of inspec- tion or sale. TRANSPORTATION T E R ~ I NAL: Trucks, buses, railroad, or air terminal WAREHOUSING: The storage of ma- terials or equipment within an enclosed buildina. WHOLESALE BUSINESS: The sell- ing of goods equipment and materials by bulk to another business that in turn sells to the final customer. YARD: Am open space on the which in unoccupied and - unobstructed from its lowest leweI to the sky. The yard extends along the-line at right angles ~o such lot llne to a depth or width specified 'in the set-back re&,ulatlons for the zoning district 'in which such lot is located. YARD, REAR: The portion of the yard on the same lot with the principal building located 'between the rear line of the building and the rear lot llne and extend- ing for the full width of the lot. YARD, SIDE: The yard extending along the side lot line between the front and rear yards. SECTION VII. ZONING, DISTRICT BOUNDARIES. a. GEI~-ERAL. All of the below describ- ed areas are within the boundaries the Village of New Hope. In determining said areas, measurement shall be made from the c~nter lines of streets and ave- nues, and at intersections from the inter- section ~)f said centerlines, provided that such rule of construction shall not apply to any area described where the context of such is haconslstent thereto. All refer- ences to Auditor's Subdivisions, Registered Land Surveys, or Subdivisions are accord- ing to the maps or plats on file or of record in the office of either the Regis- ter of Deeds or Registrar of Titles of Hennepln County, State of' Minnesota. b. EXTENT OF SR SINGLE-FAMII.Y RESIDENCE DISTRICTS. For the pur- pose of this ordinance and for no other purpose, all of the incorporated terrltorv of the Village of New 1~ope shall be and the same is hereby established as and placed in. the Single.family Residence Distrkt, excepting therefrom such portions of such .territory hereinafter specifically placed in ;and established as some other district. c. EXTENT OF MR MULTIPLE-FAM- ILY RESIDENCE DISTRICTS. The fol- lowing area in the Village of New Hope shall comprise the MR Multiple-family Resi- dence Districts: 1. Ali of at,tsar 2, Mark-Complan Heights Addition; together With all of Outlot 1, Mark-Campion Heights Second Addi- tion. 2. The North 250 feet of the South 310 feet of the Southeast one quarter (SE~) of the Southwest one quarter (SW~). of Section 20, Township 118, Range 21, except the ~liuneapolls, Northfield and Southern Railroad right of way. d. EXTENT OF LB LIMITED BUSI- NESS DISTRICTS. The following areas in the Village of New Hope shall com- prise, the LB Limited Business District. 1. All of the East one-half of the North- east one quarter of .the Southeast one uarter of Section 6, Township 118, ange 21 lying South of the North 851 feet thereof, except the West 247 feet thereof lying North of Bass Lake Road. 2. An area along both sides of 35th Ave- nue N. for a depth of 233 feet measured from the centerllne of said avenue, ex- tending West from the centerl/ne of Winnetka Avenue to a line drawn 330 feet West of andparalle] with the centerline of Winnetka Avenue, ex- cept the Westerly 107 feet thereof lying South of 36th Avenue North. 3. An area along both sides of 42nd Avenue North (also knownas Rock- ford Road) fora depth of 330 feet measured from the eenterline of said 42nd Avenue, extending East from the centerline of County Road No. 18, a distance of 250 feet to a line drawn East of and parallel with the center- line of County Road No. 18. 4. An area along both sides of 36th Avenue North for a depth of 233 feet measured from the centerllne of said avenue, extending East from the cen- terllne of County Road No. 18 to a line drawn 250 feet East of and parallel with the 'cnterllne of said County Road NO. 18. 5. Premises described as follows: Com- menclny at the Southeast corner of Section 18, Township 118, Range 21; thence North along the East line of said section, distant 400 feet; thence .West and parallel with the South llne in said section; a distance of 400 feet to the point of beginning of the land to be described; thence deflectlhg to the right 15', a distance of 1,450 feet; thence deflecting to the right 90', a distance of 715 feet; thence deflecting to the right 90', a distance of 1,450 feet; thence deflecting rathe right 90', a distance of 715 feet to the point of beginning. 6. All of Block 7, Howland Heights Ad- dition. 7. That part of Lot 32, Auditor's Sub- division Number 226, lying North cf Bass Lake Road, East of Block 1, Murray Lane 3rd Addition, West of Block 2, Murray Lane 4th Addition, and South of a line drawn 805.4 feet South of and paralIel with the centerline of 58th Avenue North. 8. That part of Lot 34, Auditor's Subdi- vision Number 226, lying East of Rhode Island Avenue, North of Bass Lake Road, South of Lot I6, Block 1, Terrace Heights, and West of the fol- lowing described llne: Commencing at a point on the centerl/ne of Bass Lake Road 163.5 feet East '0f the intersec- tion of Bass Lake Road and Rhode Island Avenue extended; thence North a distance of 279.81 feet to the South- west corner of said lot; and together with that part of Lot 34, described as follows: Commencing at a point on the center line of Bass Lake Road 163.5 East of the intersection of Bass Lake Road and Rhode Island Avenue extend- ed; thence North 279.81 feet to the Southeast corner of Lot 16, Block 1, Terrace Heights; thence East 330 feet; thence South to the Center line of Bass Lake Road ;hence alon~ said center line to the point of beginning., 9. The North 139 feet at the South 297 feet of the West 132 fait of part of Lot 33, Auditor's Subdivision Num- ber 226, said part of Lot 33 lying East of Lot $4 of sa/d Subdivision, South of Block 2, Murray Lane 3rd Addition, West of Pennsylvania Ave- nue and North of the center linc of Bass Lake Road. 10. All of Lot 1~ Block 1, Lamphere'a Terra Linda Addition, except that part of said Lot I lying South of a llne drawn a distance of 253 feet North of and parallel with the centerline of 27th Avenue North and West of a line drawn a distance of ~355 feet East of and parallel with the center llne Winnetka Avenue. I1. The South 700 feet o£~the West 180 feet of the Southeast one quarter (SE~) of the Southeast one quarter (SE~) of Sect/on 19, Township 118, Range 21. 12. That part of the Wesi 495 feet of the the Northwest one ~uarter (NW~) of the Southwest one quarter (SW~) of Section $, Township 11'8, Range 21 lying South of the North 1000 feet thereof and north of the Bass Lake Road. 15. All of Tracts "B", "C", "lJ' and "E' of Registered Land Survey No. 324; to- gether with that part of the North- west one quarter (NW~) of the Northeast one quarter (NE~) · of Section 18~ Township 118, Raiage 21 lying South of said Tract "B", East of said Tract "C", North of 42nd Avenue North, and West 'of the East 25 feet of said Northwest one quar- tar (NW~) of the Northeast one quar- ter (NE~/). e. EXTENT OF RB RETAIL BUSI- NESS DISTRICTS. The following areas in the Village of New Hope shall com- prise the RB Retail Business District. 1. An area extending South from the centerline of 62nd Avenue North, a distauce of 660 feet, and extending East' from the centerline of County. Road 18, a distance of 660 feet. 2. An area extending East from the cen- ratline of County Road No. I8,~a dis- tance of 330 feet and extending .North from the centerline of Bass Lake Road, a distance of 233 feet; 3. All of Northeast quarter of the North- east ckuarter of Section 18, .Township 118, Range 21 lying SoutH' of the North $20 feet thereof. 4. That part of Lots 2, 3 and 6 of Aud- itor's Subdivision Number $24 lying within 330 feet 0f' the centerBne of 42nd Avenue North (also known as Rockford Road.) All of the South 700 'feet of the Southeast one quarter (SE'~) of the Southeast one quarter (SE~) of Sec- tion 19, Township 118, R~nge 21, except the West 180 feet thereof. 6. That part of Lots 41 and 42 of Audi- tot's Subdivision Number 226, lying South of Bass Lake Road, West of the East Village Limits, East of Nevada 2/venue extended, and North of Mur- ray Lane 5th Addition.' 7. Rockford Park Addition, Block 1, Lots 3, 4, and 5; Block 2, Lots 6, 7, 8, 9, 10 and I1; Block 6, Lots 5, 6, 7, 32. 33 and 34; Block 7, Lots 4, 5 and 6; together with the South 241 feet of part of Lot 10, Auditor's Sub- division Number 324, lying South of the Bass Lake Road, North of 41st Avenue North, East of Block 2, Rock- ford Park Addition, and West of Block 1, Rockford Park Addition. 8. The South '358 feet of Lot 23 Audi- tor's Subdivis/on No. 226 lying East of Marylnd .A.venue and West of the West line e~ded of Lot 22, Auditors Subdivision No. 226. · L EXTENT OF ~,B ,~NE~ BUSI- NESS DIST~CTS. The ~0Ilo~ng areas in ~e Village of New Hope sh~l. com- p~se the GB General Bu~ess 'District. 1. ~ of Tract' '~A" Registered Land Su~ey No~ ~. 2. All 0~ OU~ 'No. 1, Mork-Campion Heights Ad,flora 8 An a~a ~ndimg South from the centerlln¢ o~ Bass Lake R~d, a dis- t~ce of 233 feet, and ~tonding East ~rom the Centerlin¢-o~ Winn~ Ave- nue, a dlsta~ce o~ 223 ~e~ ~to a line d~wn ~ oP ~d p~alle] ~ith the centerline 6f Wian~ ~v~nue.' :. 4. The Sou~ 158 ~¢et o~ the We~t 132 ~eet o~ pa~ o~ Lot 33, Au~or's Sub- division Number 226, ~g East o~ ~t 34 o~ ~id Subdivision, South o~ Block ~, ~urray ~e Thlrd Addi~on, West o~ Pennsylvania Av~ue, ~d Nor~ o~ the cen~tiae of Ba~s Road· 5. All o~ ~ts ~umbered 11, I~, 13, 14, 15, 1~, .17 amd J3 o~ Auditor's' Sub- divisio~ 'N~ber 324, ~her with that area in Lot No. 34 o~ 'Audit0Fs Sub- d~v~ion Numb~ 324, lying South Rockford P~k ' Ad~tien, Blo~ ' Lots 1, 2 aad 3;"'BIock ~, Lots 1. 2, J ~d ,4; Elock 2; ~ts I, 2, 3, 4 and 5~ a~d B10CR 1, ~ts i and 2; tog~¢r W~' t~t :~sa lying ~orth o~ the SoUth 241 ~iet o~ pa~ o~ Lot No., 10,,~Auditor's Subdivision Number J24 l~.'Sou~ o~ Bass Lake Road, Nori~ o~ 41st Avenue Nor~, East of Block ~, R0ckfo~d'Park Addition, and ~e~ c~ B!gck ~"~ock~o~d P~kAddi' tiom Y. An .ar~ extendi~ No~h from the Center'ne of 27~ Avenue North, distance of 233 feet "to a ~ne drawn North of. and par~l~ With the center- ~n~ of said 2~ Avenue, ~d extend- ing ~ ~om the centerllne of Win- ne~a Avenue~ a distance of 330 feet ~ ~ Hue'drawn ~st o~ ~d p~rallel with the 'centreHne of sa~d Winners 8. EXTENT O~ LI LIMITED INDUS- T~Y DISTRICT. The following ~zear in the' Village~ of New Hope s~aH ~prise the LI Limited Industry ~ic~'~ 1. That pa~ of the Southwest one quarter tar of ~e Northwe~ one ~uarter of S~c~on 6, Township 118, R~ge 21, lylng;;Sou~ of the Bass Lake .Road, togeth~ ~ Wi~ ~at pa~ ofthe - South- w~t '~ne'~ua~er of Section ~6, ~Town- ship 118~ ~nge 21 lylhg South af the B~s L~e' ~oad, "and toge~er %i~ all of the Northw~t one ~narter ~f Sec- ~on ~, T~ship 118~ ~nge 21. 2. ~1 of the Nor~ one-half o~ the. ea~ one ~ua~er of Section 7~ Town- sh~p 118, ~e 2t, except tBe ~North ~5~ feet thereof. 3 The East 450 f~t of the W~st one- hal~ of the Sou~west one ~uarter of Section 8, To--ship 118, R~g~ 21, togeth~ wi~ all of the West one-haH of ~e No~t one qua~er of the Sou~we~ ~e quoter of said section l~ng We~ 'of the ~innea~s, North- field & Southern R~lroad right-of-way and South of the following described tine: Commencing at a point on the 'West ~e of ~e said Not.east quar- ter 'o~ the Sou~west one qua~er 500 feet Sou~ of the No~hwe~.'corner lh~eof; :th~ce Sou~ '54~ East to ~e ~d' right-of-way. 4. The We~ 45t lest of ~e Southwe~ one quoter ut the Northwest one ua of Sec~on 1~ Township 118, ge 21, toge~er ~ ~e West 45~ feet of 'the No.west ~e qua~er o the Southwest one qua~ of s~d section lying North o~ the follo~ng d~ribed line: Co--encee at a point .on the West ~e of s~d Northwest qua~er o~ the Sou~we~ one quart~,.,:a dis- mnce o~ 525.55 feet No~h of the So~t~west c~ *.hereof; ~he~ce ~ a Paint on ~e Ea~ ~ne e~ said Northwest one quarter of the Southwest one q~t~, a distance of 527.4 feet North of ~e Southeast comer there- 5. ~ ~at part of ~e Southeast one quarter (SE~) o~ the Soul.est one qua~er (S~) of Section 1~, Town- s~p 118, Ra~e ~1, lying West of Tract "A", ~egi~tesed ,L~d Survey No. 802, together with the West one- half of the Northeast one quarter (NE~) of the Northwest one quarter (NW~) of Section 20, Township 118, Ran~ 21. 6. That part of the Northwest one quar- ter of the Northwest one quarter of Section 20, Township 118, Range 21 lyinE West of the East' 651.6;$ feet thereof, together with that part of the Southwest one quarter -of the North west one quarter of said sect/on ly- ing West ,of the follow/ne described line: Commencing at a point on .the North line of said Southwest one quar. ter of the Northwest one quarter, a distance of 651.63 feet West of the Northeast corner thereof; thence Souh to a point on the South llne of South- west one quarter of the Northwest one quarter, a distance of 650.5 feet West of the Southeast comer thereof. h. EXTENT OF Gl C, ENERAL IN- DUSTRY DISTRICTS. The following areas m the Village of New Hope shall comprise the Gl Industry Districts. I. That part of the Northwest one quar- ter of Section 8, Township 118, :Range 21. lying South of the Minneapolls, St. Paul & Sault Ste. Marie Railroad right-of-way and West of the Minne- apolis, Northfield & Southern Rail- road right-of-way. 2: Ail of' the West one-half of the North- east one quarter ortho SouthweSt one quarter of Section 8, Township 11'8, Range 21 lying,West of the Minne- apolis, Northfield & Southern Rail- road richt-o/-way /nd North of the following described line: Commencing at a point on the West line 550 feet South of the Northwest corner of sald Northeast one quarter of the Southwest one quarter; thence South 64' East to the said Right-of-way. 3· All of Lots. 4'and 5, Auditor's Sub- division Number 324. 4. All of Southwest one quarter of the Northwest one quarter of Section 17, Township 118, Range 21 Ivlng East of the West 461 feet thereof, together w/th all of the Northwest o~e quarter of the So~hwesL one quarter of said section lying East of the West 461 feet and North of 'the following de- scribed line: Commencing at a point on the West lin'e of said Northwest one quarter of the Southwest one quarter, a distance of 526.5 feet North. of the Southwest corner thereof..thence East to a'point' on the East tine of said Northwest One auarter of'the South- west one quarter, a distance of 527.4 feet North ~of the Southeast corner therdof. 5, The East /551.63 feet of the Northwest one quarter (NW~) of the Northwest one quarter (NW~) of Sect/on 20. Township 118, Range 21. SECTION VIII ENFORCEMENT : This ordinance 'shall be administered and enforced by the Building Imspeetor. The Building Inspector' may institute in the name of the Village of New Hope any appropriate actions or proceedings against a violator as provided by Statute and this ordinance. Violation of this ordinance shall be a 'misdemeanor, and the violator, upon conviction, shall be punished by imprison- ment in the county jail for not to exceed 90 days or by a. f/ne of notto exceed 100 dollars and costs for each offense. Each day that a violation is permitted to exist shall cpnstitute a se~perate offense. SECTION .IX REPEAL, VALIDITY SHORT TITLE AND ,DATE EFFEC- TIVE: 1. All ordinances or parts of ordinances in conflict with the provisions are hereby repeaIed,' These are: 54-4, 56-6, 57-3, 58-5, 58-i2, 59-2, 59'-3, 59-14, 59.13, 59-19 and 60-t0. 2. If any section, subsection, sentence, clause o~ phrase of this ordinance for any reason held to bd invalid such decision shall not affect the validity of the remain/ne portlona of this ordinance. 3, This Ordinance may be referred to as ~'The Zoning Ordinance of the Village of New Hope." 4. This ordinance shall be in iull force and effect from and_ after i~s passage and publication. Adopted this 14th day of June, 1950, by the Village of New Hope. /S/ M. C. HONSEY, Mayor Attest: /s/ DON TRUCKER, Clerk Published in The North Hennep/n PoSt, the 2$rd. day .of luna, 1960.) TABLE OF CONTENTS SECTION 'I--PURPOSE SECTION ti-- GENERAL PROVISIONS A. Lots and Buildings B. Permitted Encroachments C, Non-Conforming Uses D. Requirements as Minimmn E. Certificate of Occupancy SECTION III-- DISTRICT PROVISIONS A. Distr/cts ~B, Minimum Requirements C. Exceptions and Additions to Above Minimum Requirement-~ D. Permitted Uses SECTION PERFORMANCE STANDARDS A. Exterior Storage B. Refuse C. Screening D. Landscaping E. Maintenance F. Clare G. Signs H. Forking I. Off-Street Loading JK' Traffic Control · Pedestrian Traffic L. Drainage M. Architecture N. Explosives O. Radiation and EleCtrical 'Emissions F. Other Nuisance Characteristics SECTION V-- ADMINISTRATION A. Amendments to Text of lng Ordinance B. Rezon/ug C. Special Use Permits D. Variances SECTION VI-- RULES AND DEFINITIONS SECTI°N VII-- ZONING DISTRICT ,BOUNDARIES SECTION VIII-- ENFORCEMENT SECTION IX-- REPEAL, VALIDITY, SHORT TITLE AND DATE EFFECTIVE. ORDINANCE NO. 60 '- ~_O CIA{PTER NO. 33 AN ORDINANCE REQUIRING THE INSTALkATiON OF AUTOMATIC SPRINKLER SYSTEMS AND FIRE PREVENTION APPARATUS Yhe Village Council of the Village of New Hope does ordain: Section 1~ Fire Prevention E~Rment' Any commercial, business, office, clinic, or industrial building, o~any multiple dwelling, which invo!'~es unusual risk to persons or property from fire dangers or hazards, shall be provided with fire extinguishers, automatic sprinkler systems, and such other fire protection equipment as public safety requires. Whether a building is of the kind, either because of its use or type of construction, or both, that involves such unusual risk to people or property, shall be determined by the building inspector, or on appeal.fr~m .his order as hereinafter provided by the Village Council. S~ction~_2. Install__ati~on Re~ired. Whenever.directed to do so by the buildi~ inspector, fi~e ex-~ti-~su-~s-~ers,~automatic sprinkler-systems or other fire protection equipment shall be installed~ Such installation shall be performed unde~ his supervision and approval., Detailed plans Of the automatiQ.sprinkler system shall be submitted to the building inspector ~=~ore bein$ installed and shall be approved, by him when designed to give the maximum protection to the'buildiDg and contents required for public safety° Sprinkler systems inst ~lted in accordance with the requirements an4 recommend~tlons of the Fire Prevention ~ode of the National Fire Pre- ~zention Association, !~5~ 2~ti~n~ shall be deemed prima facie evidence of conformity to the requirement of such maximum protection. S_~A~A~3~o ~%ecc~en~aticns on Buildi~n~ Permits. All building permit -,~,~.u~-tions for buiiding~ of t~ze kind c~vered by this ordinance shall be transmitted to the building incpector for his recommendations on the need for installation of fire extingUishers, automatic sprinkler systems and other fire protection ~,~-;~ ~ e~ ....~m..nt~ Upon request, the applicant will furnish the building inspector such plans and information of the proposed building as a ma5, require. Section 4. Enforcement: The requirements of this ordinahce shall be enforced by the building inspector. S~ction 5. Order of installation. When the building inspector finds that ~'~u~i~i~-~'~nvol.~.es unu~uai risks to persons or property from fire dan- gers or hazards and i0 ~ot provided with fire extinguishers, automatic ~prinkler systcms and o, h ouc.~ ocher fire protection equipment as public safety requires, he shall serve a written order directing the owner, operator, occupant, or other persons responsible for the control of the building to comply with this ordinance by making the specific installations directed in such order. Section 6. Method of Service. The order shall be served by one of the following ways: (a) By making personal delivery of the order to the person responsible. (b) By mailing a copy of the order to the last known address of the owner of the premises, by registered mail. (c) By affixing a copy of the order to the at the entrance of the premises in which the danger or hazard exists. Section 7. Time of Compliance. The order shall set forth the installa- tions directed to be made and a time limit fOr Compliance therewith. Section 8. Appeal from Order. A person to whom an order is directed shall have the right to appeal to the Village Council from the building inspector's determination and order within twenty (20) days of service of such order. Such appeal shall be in writing and filed with the Village Clerk. The Village Council may affirm, cancel or modify the building inspector's determination and order. If the order is affirmed or modified it shall be enforced according to the terms as affirmed or modified. Section 9. Failure to Com!ly. Any person to whom an order is directed who shall fail to comply with such order within the specified time shall be liable to a penalty as hereinafter pro%-ideC, tf an order is appealed to the Village Council, the time for compliance shall be within twenty (209 days from the determination of the Council, unless a different time is provided by the Village Council in its order. ~$~9~tiqq..!O..' ~enalties, Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shali be fined not exceeding $100.00 or for imprisor~ment not to exceed 90 days. Each day Such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such Lereunder. Section 11. Invalidity. it is the intention of the Village Council that this ordinance, and every provision thereof, shall be considered separable; and the invalidity of any section, clause, provision or part or portion of any section, clause, or provision of this ordinance shall not effect the ve!idity of any other portion of this ordinance. Section 12. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication. the Village Council of the Village of New Hope this p7/~ Passed by day of , Attest: Clerk Published in the North Hennepin Fost this~day of_~__'. ' (9--~, 1960. Mayor S p ecs ordaiu: , ' EETION 1 FIRE PI~EVENTION EQUIPMENT "Any' co~n~ ..... 7.. ~[c~ rmal, Imsiuess, 0 i ,~ dine, ~o'r industrial, buildifi~, or[any multiple ~welti~, which ~nvolv~ '~nU~baI ~sk fo Ders~ns or pro~erty from {ire dan. ~ers',or hazards,, s~aI1 be provided with f}~e ~tm~aishFrs, autocad, sprlnkl~r s- ~.~ '~ ogone safety re~ulres. Whether', bufld~n~ i~ of the kind; eithe~ ~use of }g~_ ty~e of c ' ~ ~' b;th the or~r his la~e the ~l- ree~ to do so mlhail be deemed prima 'fade ~evi~ conformity to'the~ veqUlr~emeUt of sU~b maximum prot~ctio SECTION, 3 ;:ON,. BUILDIN~ ~RMI~S: Afl :buildih~ ~u(~it auplicatious for buildingS, of the ~ ~ecve~ed by ,this odiu~Ce: s%~l be t~tted tO. the buildlnm ins~edtCr for ~st~lf~ion Of fi~e :exti~uishe~g,: ~xutCmafi:e ~[~t~ systems ~n) o~he~ f~?e 'Protection ~/'p~ent: ~ Wppn request, t~e · *[ zarmsn the Chuil'din~ {n~ueet6~ ~sOeh {}bhnS and information of the proposed ][building. as .he ~v.r~uire. · fl,"S:EC~ON' 4; ENFORCEMENT.: Tile [~e~Ut[e~e*t~ 0~ t~js. Ordin~ee SECTION 5;' ORDER' OF INSTALLA: I[TION. ~en .the:buiidlng. in,vector, finds []tha~ a building iny01ves unusual risks ~erty ~om fire dangers not ;:gro~ded with ~ire:, spiinkler 1 enforced according to the terms or raodi{ied. ' THE NORTH HENNEPIN POST AFI~IDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN E. C. L'Herault, be/ng 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 prior to the publication therein of the ~]~ ~ b ~ --~'~- ~~.-'~-~-ff ................................................................. hereto attached, said newspaper was printed and published in the Village 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 a Known office established in such place for publication and equipped with skilled workmen and necessary material for ?reparing and printing the same; the press work thereon has been done in its known office of publication; m its makeup not less than twenty-five per cent of /ts 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 mat~er in its local postoffi,ce; 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 the County Auditor of Hennepin County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location ef said newspaper and the existen,ce of the conditions constituting its qualifications as a legal newsp-,p~r, That the legal or official matter hereto attached was cut from the columns of said newspaper, and was printe~ an~ published therein in the English language once each week, for... ........ / ...successive weelm; That it w/a~irst ac published on Thursday, the ........................... day ........... · .~.-.~%~*.*.~.. ........ 19..~.~.~.., and thereafter on ThurSday of each week to and including tl~e .................................... day of ............................ 19 ...... , and that the followingis a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as belng ~he size and kind of type used in the composition and publication of said legal or official matter, to-wit: abcdefghij klmn opq rstuvwxyz~6.pt. Oldstyle abodefghijklmnopqrstuvwxyz~6-pt. Devinne abcdefghij klmnopqrstuvwxyz--? t4 .pt. Excelsior abcdefghiJklmnopqrsiuvwxl~--7~/s Memphis Bold Subscribed ~ud ~orn to before ~ ...... f';;;,,i;';S:,;; ............. Notaw Public, Hennepin r-~ · iin'~ ~y Commission Expires Mar. 27, z:;u/. ORDINANCE NO. 60-21 CHAPTER NO. 2lB AN ORDINANCE AMENDING CHAPTER 21, ORDINANCE NO. 57-17, ENTITLED AN ORDINANCE ESTABLISHING ':.~3JLES, RATES, AND CHARGES FOR SANITARY SEWER SERVICE IN THE VILLAGE OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA. The Village Council of the Village of New Hope ordains: ~ection 1. Amendment. SectiOn 2a. Ordinance No. 57-17, Chapter 21, entitled "An Ordinance Establishing Rules, Rates and Charges for Sanitary Sewer Service in the Village of New Hope, Hennepin County, Minnesota," as passed on the 24th day of October, 1957, and subsequently amended, is further amended to read as follows: Minimum Charges. The minimum quarterly charge, whether use of water is metered or not, shall be as follows: For each business, plant, insti- tution or similar unit ...... $ 6.00 For each grade school ....... 6.25 For each junior high school or high school .......... 15.00 For each residence, resident unit or other unit ....... 6.00 ~ection 2. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this /Y-~day of ..... ~C/~.~-., 1960. A tte s t Maymr Clerk Village. ofNe~ H°pe CounCil of~ the ~v'illa~e of ~ter from , Clerk.' (l:'ublished in The North '. November 3, I9~60_)_._ } Ordinance No. '60.21 - CHAPTER 21,'."ORDINANCE NO.I~ $7217,~ ENTI-i-LED AN ORDI- ~ / NANCE ESrA~LISm~G RULES,!~ / IN THE VILLAGE OF NE~I,)ORT~ ~PI~ HOPE, HENNEPIN COUNTY, MINNESOTA ~ OF P~LICATION Village of. New Hope · he Village Council of the Village, of New IIope Ordains: SECTIOA' 1. AMENDMENT. Section[ 2a. Ordinance No. 57-17. Chapter 21, eh- ~. tltle~ "An Ordinance Establishing Rules~ Rates and Charges' for Sanitary Sewer Service in One Vi age.of New }lope, ne)in County Minnesota" ~s passed the 24th da~ of October, 1957, and sequently au~ended, is further amended read as follows: a. A,Iinimum Charges. The m~nimum, quarterly charge, whether use of water lth says that he is and during all the times herein stated has is imetered or not, shall be as follows: ~o,, the publishers of the newspaper known as THE NORTH FoUr each business, plant, insti- ',dge of the fa~s herein stated; that for more than one year tution or similar unit ......... $ 6.00 For each junior high school or high school ............... 15,00 ......... } .... For each residence, resident urit. or other unit ........... 6.00 SECTION 2 INSTALLATION OF ......................... hereto at~ched, ~id newspmper ' Crystal in the County of Hennepin, State of ~inneso~, METER. Section 2 of said Ordinance is ifurther amended by adding and inserting] ~id time the following eondltions have ~isted: ;after subsection c thereof, the following to d ~11 commercial and industrial kuild ~"e En-lls' I ' ' ' 11 a~4 ~ a ~age Irom lm snown o~lce of publication wit~a nas shall be reqtured to msta ~ed as above stated in col ' · ,,., umn ana sneet xo~ equivalent in space lage, on ~ts p. '~ ? ' . ~r publication and equipped with sk~led workmen ~nd neces~ry ~f the v~ a~e rent five e ' I D~ E Thls] Y' p r cent or ~rs news column h~ been devoted to local SECTION 3 FFFECT VE T' t ur oft .... .... ~ ~' ~' ~olce P P ~ ~o serve' It nas contalnea gener~ news comment rand rordinance shall take c~/ect at a oe ' ~ o ....... ' ' ' ' i:rom and alto' ts passage aha I u ' as been ir ' ..... tY P P ~ ' ' '~"l ~ C u cll thi~ 18th~ c cmarea m aha near ~ts sa~d place o/publication to the Passed ov the vii age o n - 240' o ' '~ ~ ' ' ~ 1960 ~ J c pros regmariy ael~vered to paying subscribers- it has ~d daay o~ ~c~e~ HO~'SEY ~sto~i,ce; ~s filed a copy of each issue wi~h the S~te Historl- ' 5~ayor ~' ' ~e~ on file in the office of ~he County Auditor of Henne in ,~TTEST: ~'!. ~ , . ~rson ~aving kngwledge of the facts, showing the name ~d : DON TRU~~ I~ce of the ~ndidons constituting its qu~ificatlons as a legal ( Fublished" ~~ ...... pin Post, ] ~November 3, -1~), .~ ~. :' · ~t ~ l~g~l or official matter h~r~to at~ch~ ~s cut from th~ eolumn~ of ~aid n~w~paper, for / ' · printed ~nd published therein in the English ~guage once each we~, ~at it m ~st so publish~ on Thursday, the ................... ...... da ot ......... ~GY:~- ~fJ ..... 19 .~., ~d thereafter on ThundsI of iacludlng tae .................................... day of ................. that the followin~h a p~nted copy of the lower c~e alphabet from A to Z, boli'id~h~i;~, acknowledged ~%ein~ the dee ~d kind of type used in the composition ~d publication of said legal or offici~ matter, to-~it: abcdefghij klmnopqrstuvwxy~6-pt. Oldstyle ~bedsf g~j,klmopqr stuvwxy~0-pt. Dovinne abcdef~opq~m~7~.pt. ~ce~ior ~fg~J~nop~smvwx~Tga Memp~ Bold . ,~ ~..~ ....... ~. ..,. Sub~d~ ~ Sworn to ~fo~ -~ ..... ~ .....~,of .... ~.~~x...~,...~.~ .......... .. of De::ember~ !gf~O, AN:ORDINANCE AMENDING ' CHAPTER 36, ORDINANCE NO.I 60-$, "THE WATER ORDINANCE OF THE VILLAGE OF NEW HOPE" ,., Village oi New Hope The Village Council of the Village oF l~e,w Hope Ordains: . ~ .Section 1. Section 8 of Ordinance 60-o/ C~pter 36, entitled the "W~ter Ordinance~ ~f' the Villaze of New Hope," be and the~ same is hereby am~ded to read a~ follows:l Section 8. Connection Charges. A con-~ nection charge shall be paid for con- ~ ~ecting with the municipal water system. ~ '~ The amount of such conn~tion charEe ~' shall be: ' ~ -' (A)Platted Property of 10,2~0 Square] Feet or Less. ~ (1) Trunk, lateral and hous~ service* charges. The total sum of ~h~ 'fol-~ ' ' lowing charges; except where costs. ·other than the trunk ch~ge h~e been ,~ assessed in which event the chlrge[ sh~l be the amount of sub~aragraphi (a) only: (a) Trunk Charges. A tr~k charge} equal to $1.33 per lineal f~t ~or each] front f~t as determined in accord- ance with Section 8A below, but not] less than $100~ per lot. (b) La~ral and house service charges · As to those-premises where municipal '~ater is available and the cost there- ' of is ~ot ~sessed the following addi- tional charges shall be m~e: (i) A minimum house ~ice c~ge , ',of $75.00. If a house service llne is i~'~larly s~ped that the above: char~ ;;,'-~Ms of calcula~on are not /easi'~'e equal en the number ~oi front ieet the ma- .~le, ~t or varcel shall be dete~ined the Villag~ CI~ ~Y ? ~ho~ L. $!'80 ~e~fion 3. This ordinance sha~l be ~n ~h Sec- iorce and effect from and after its' ' '~--~ ~ew Ho-e on the 27th day o~0-, ~an ~'~;h day of Ja 7, · ~ - '--~- ~ V ~p ~ories s~ [p~ s~ ~q~nU I~ ;rom :s~°II°} ~-~ -~-u* u~p~ l~l'~°~ THE NORTH HENHEPIN POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN 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~ the facts herein stated; that for more than one year prior, the publication therein of the.~.~7~ -4,/?/.~¢'.~."...~.~. .... q~... '.~... ~'(e~--~ubllshed in the Village of Cry~tal in the County of Henn~in, S~ of Minneso~, ~ Thur~y~of e~ch week; that during all said t~me the following conditions have existed: Said n~splper has been ~rinted in the English lan~age from its known 9ffice of publication within ~he village from which .it purports to be isaued 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 offie~ ~tablished in such place for publication ~d equipped with skilled workmen ~d neces~ry material for pre.ring and printing the same: the press work thereon has been done in its known office of publi~tio=; ia its makeup not less than twenty-five per cent of its news column has been devoted to local news of ~ter~t to the community which it purports to se~e; it has contained general news, comment lnd miscellanyl it ~ not wholly duplicated ~y other publication and has not been enfir~y made up of pat- ents, plat~ matter, and adveitlsements; it has been circulated in and near its said place ofpubli~tion to ~e extent of.at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had entry ~ second class matter in i~ local postoffice; has filed a copy of each issue wi~ the State Histori- c~ S~iety in. St. Paul; and there has-been on file in ihe office of ~he County Auditor of Hennepin Count, Minn~ota, the affidavit of a person having knowledge of the iac~. showing the name and l~tion off said newspaper and the ~istence of the conditions constituting its qu~iflcations ~ a legal news~p~. That ~e le~ or official matter herbal attached ~ cut from the columnar ~d newspaper, ~ w~ ~at it v~ first so pub~sh~ ~ ~ursday, th~... ' ...................... ~F el ...... ? ............... ~z~ .., ]~. / ..., ~d ther~ft~ on Thum~I of ~ we~ ~ ~d indudi~ .fflc .}{ .................... i ............. d,~ ~ ............................ 1~ ...... , ~ that the foliowin~is a printed copy ot the lower case alphabet from A to Z, both inclusive, ~d is hereb~ acknowledged ~ein8 !he si=e and kind of type used in the composition ~d publication of said le~l or offici~ m~tt~, twwit= ' · badef~hij klmnopqrstuvwxyz~-pt OldsWl~ abodef~jklmnopqrs~uvwx~s~6-pL abcd~~opqm~m~g~-pt. ~ior ~ofgMJ~nop~s~vwx~Tg2 Memp~ Bold Sub~rlbed ~nd Sworn to before me , ..... d.~:~-.~..di,'% ' of.~.~..~.~,.f.~'.-,~,..~' ~ .... ...... .... ORDINANCE NO. 60- 23 CHAPTER 9A ORDINANCE AMENDING ORDINANCE NO. 55-6, ENTITLED AN ORDINANCE PROHIBITING FILLING, EXCAVATING, DIGGING AND GRADING OF T?~E EARTH AND T].~E OBTAINING OF PITS FOR EXCAVATED AREAS WITHOUT FIRST OBTAINING A PERMIT THEREFOR, PROVIDING FOR THE ISSUANCE OF PERMITS AND PENALTY FOR VIOLATION THEREOF. The Village Council of the Village of New }tope ordains: Section 1~ Ordinance No. 55-6, passed by the Village Council of the Village of New Hope on the 23rd day of 3une, 1955, entitled "An Ordinance Prohibiting Filling, Excavating, Digging and Grading of the Earth and the Obtaining of Pits for Excavated Areas Without First Obtaining~ a Permit Therefor, Providing for the Issuance of Permits and Penalty for Violation Thereof", is hereby amended as follows: Section.2. Section 3 of said ordinance be and the same is hereby amended to read as follows: Section 3. Any person, firm, corporation or association of persons desiring a permit for the opening of any excaVation or pit, or to excavate, fill, dig, or grade the surface of the earth, the Same having an area of more than 100 square feet and a depth of more than i foot or the same having a surface area of more than 100 square feet ~ a cubic area of more than 100 cubic feet, or to fill, dig, excavate, or grade any portion of a public street or public grounds, shall make application therefor to the Village Council, setting out the name of the applicant, the general description of the filling, excavation or grading to be covered by the permit, the location of the proposed filling, excavating, or grading, the estimated quantity of materials to be added to or removed from the premises, the route of travel in the Village upon which the hauling will take place, the time work will begin and the time of anticipated completion, and such other information as the Council may require. Each such application shall be accompanied by a permit fee of $25.00. Section .3. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 22nd day of November , 1960. Published in the North Hennepin Post this :!st day of December , 1960. /~TTEST.: ' .Y DOI~ T;RucKEtR, ~'l¢.h2)lished jn The N l)~cember 1, 1960), . THE NOI:tTH I-IENNEPIIq PO~T AFFIDAVIT OF PUBLICATION STATE OF I~INNESOTA COUNTY OF HENNEPIN 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 flor to the ubllcatlon therein of ................................................................. hereto attached, mid newspaper printed and published in the Village 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 a known office established in such place for publication and equipped with skilled workmen and noceslmry 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 d~oted to local news of interest to the community which it purports to serve; it has contained general news, comment and mlscellany~ 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 rei~ularly delivered to paying subscribers.' it has had entry as second Glass matter in its local postofflce; has filed a copy of each issue witch the State Historl- cai Society in St. Paul; and there has been on file in the office of ~he County Auditor of Hennepln Count'y, 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 /ts qualifications as a legal newslmper. That the legal or official matter hereto attached was cut from the columns~ ~id newspaper, ~nd was printed ~nd published therein in the English language once each week, for .............. successive w~eks; That it wea first so published on Thursday, the ........................................ day o! / ineludinl~ t~e .................................... day of ............................ 1~ ...... , and that the followingis a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby . acknowledged as~being the ldze and kind of type used in the composition and publication of said legal or offici~J matter, to-wit: abcdefghij klmnopqrstuvwxyz--6-pt. Oldstylc &bedofghi}klmnopqr stuvwxys--6 -pt. Devinne ab~defghtJlrl mn opqrstllVWxYz--? l/t-pt, ~celsior nl~lef2blJkhnnopqrstuvwxl~---7Va Memphis Bold Sub~erlb~d ~nd Sworn to before _,, ...... ....... ................ '77' .... .................... ' My Commisszor~ ~xp~}-~ ~lar. 2~, OR])IN, CS NO. CHAPTER 13L AN ORDINANCE AMENDING AN ORDINANCE REGULATING THE USES'. OF LAND, TH~ LOCATION AND THE USE OF BUILDINGS AND THE ARRANGEMENT OF BUILDINGS ON LOTS IN THE VILLAGE OF NEW ~OPE, MINNESOTA The Village Council of the Village of New Hope 0rda~ns: Section 1. The Ordinance entitled, "An Ordinance Regulating the Use of Land, the Location and the Use of Buildings and the Arrangements of Buildings on lots in the Village of New Hope, Minnesota, be and the same is hereby amended as follows: Section 2. Short Title. Said ordinance shall be known and may be cited hereafter as Chapter 13K, Ordinance No. 60-19, "The Zoning Ordinance". Section 3. Site Area Change. Paragraph 3 of said subsection (b), Section III, District Provisions, of "The Zoning Ordinance" is amended to read as to the last three items of said paragraph as follows: SR DISTRICT MR DISTRICT LB DISTRICT Efficiency Units 1800 ~i~bedroom units 2200 2/bedroom units 2800 1800 1800 2200 2200 280O 28OO Section 4. Administration. Paragraphs 2, 3 and 4 of subsection 4, Section V. Administration of "The ~oning Ordinance" are amended to read as follows: The Village Clerk shall refer the application to the planning. commission and shall set the date at which time the matter ~all be considered. The petitioner shall appear before the planning commission in order to answer questions. The planning commission shall make its recommendation to the Village Council. Section 5. Section VII, Zoning District Boundaries, is hereby amended by adding to subsection f, the following subsection 8: 8. Outlot 1, Mork Campion Heights Addition. -2- ,pection 6. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council of the Village of New Hope on the22md day of November __, 1960. Clerk Mayor Published in the North Hennepin Post on the 1st day of December , 1960. :Ordinance NO. OF ~AND, THE Hope The ¥fllage Council of.:the Village of N~w Ho~:,~ Ordains: Ordinance entitt~d~ Us~ of Build- ings tots THE NORTH HENNEPIN PO~T AFFIDAVIT OF PUBLICATION STATE OF MIITI~SOTA COUNTY OF I~NNEPIN 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 9f the facts herein stated; that for more than one year prior to,the publication therein of ,he...~k/~.~-*..../~,~,f-,~-~.,-.--c~J.../?Z,d--.' .................... ';/~ah"i' pu ' "~ ....... ~ ..... , , 6.0-1 tion lng Ordinance" the lasZ follows.'. Efficiency, Unit~ 1 h%klroom units 2 bedfdom ' U~lt~ SECTION 4. ,2. The Vitlake ordinance shall, take effect add be in force from ai~d' afte£ its l>assa, ge , Pas~&d by the Said newspaper hms 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 known office established in such place for publication and equipped with skilled workmen and necessary material for ~repmring and printing the same; the press work thereon has been done in its known office of publicatlonl 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 duplicate.d any other .publication and has n. ot be.e? ,entirei}' m.a.d.e onto, plate matter, and advertisements; it has been c~rculated m and near Its sala place orpuoucatlon to me 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 postoffl.ce; has filed a copy of each issue wi~h the State Histori- cal Society in St.. Paul; a!ad there has been on file in the office of ehe County Auditor of Hennepln Count'7; 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 lei[al or official matter hereto attached was cut from the colum~p~/asid newspaper, and was printed and published therein in the English language once each week, for .... ~ ~..succe~ive weeks; That it was first so pubi'ished on Thursday, the ................................ .ff....~... ..... da~, ................ , 19. , and thereafter on Thursday of each week to 8nd incladin~ tl~e .................................... day of ............................ 19 ...... , and that the followingis a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as beln~ the sine and kind of type used in the composition and publication of said let-al or official matter, to-wit-' abcdefghij klmnopqrstuvwxyz4-pt. Oldstyle abedof ghij.klmnopqr stuvwxys~6-p t. Devinne abcdefghiJklmnopqrstuvwxYZ--? ~ -pt. Excelsior ~bcdefghijklmnopqrstuvwxyz--7~ Memphis Bold S,b.,ib.d .d Swes~ *o b.fo,. m. ,.. ......... ...... l,. a