1953 ORD Chapter 14
Ordinance No. 53-1
AN ORDINANCE REGUIATING THE CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, CONVERSION, LOCATION, HEIGHT, BULK, OCCUPANCY
AND USE OF BUILDINGS AND STRUCTURES: REGULATING THE USE. OF LA~D, SIZE OF
YARD: PROVIDING FOR THE ISSU~CE OF PERMITS AND CERTIFICATES OF OC~JP~NCY
AND/OR COMPLIANCE A~H) THE COLT.~:CTION OF FEES THEREFOR AND PROVIDING FOR
PENALTIES FOR THE VIOLATION THEREOF.
The ¥illage Council of the Village of New Hope Ordains:
Section 1. The Building and Zoning Regulation adopted by the Board
of Supervisors of the Town of New Hope under date of October 29, 1948 as
amended by m~endment adopted October 31, 1952 are hereby adopted as a
Building and Zoning Code for the ¥illage of New Hope and all the regulations
and provisions therein contained shall be fully applicable as though herein
set out verbatim.
Section 2. This Ordinance shall be in fall force and effect from and
after its passage and publication.
Passed by the Village Council of the Village of New Hope this lOth day.
Attested: Milton Honsey
~ ~~ Mayor
Donald Trucker
Clerk
(Seal)
PUblished in North Hennepin Post this ~ day of ~, 1954.
THE NORTH HENNEPIN POST
AFFIDAVIT OF PUBLICATION
STATI~ OF MINNESOTA
COUNTY OF HENI~PIN
~/~...~, .c~f~,~ being duly ,worn ou o~th ,ays that he is and durL~ all the times herein
s~ted has been...~..~ ........ of The Post Publls~ns Co., ~e publisher of
the newspaper known ~ THE HORTH HEH~PIN POST, and has f~ll know~edse of the facts herein
s~ted; that for mo e tha y p ' p ' ' ' .~.~.-..~ ............. , ....
rinted and published in the Village of Crystal in the County of Hennepin, State of ~innesota, on
hursday of each week; that during all said time the following conditions have ~isted:
Said ~ewspaper has been p~nted in. the English lan~age, from its known office of publication within
the village /rom which i} purports }o be ~s~ued as aboye slate~ m qolumn and ~heet form equivalent in ~pace
to at least 450 running inches of single column, ~wo.mches w~de[ ~t has been ~sued once each week from a
known office established in such place /or pubhcatton ~d eqmpped with skilled workmen and neces~ry
material for prapa~ng and printing the same; the press work thereon has been done in its known office of
pnblication; ~ its makeup not [ess th~n t~ty-five per cent o[ its news cplumn has been devoted to local
news of interest to the co~mumty whmh it purpor~ to ~e~e; it has contained gener~ ~ews, comment ~nd
miscellany; it ~s not wholly duplicate~ ~y other .pubhcatl~n and has ~ot been entirely made up of pat-
ents, plate matter, and adve~isements; xt has been c?culated m and.near xts ~id place oipublication to the
~ent of at least two hundre~ apd forty (240).coptes regularly dehvered to paying subscribers; it has ~
entry as. ~cond cla~s ma~er m ~}s local postoffx?; ~nd there h~ been. on file in the office of the Co~
A~ditor of Hennep~ Count~, Minnesota, the aff~daw~ of a ~rson haw~. knowl~ge of the facts, show~g
the name and locatmn of smd newspaper and the ~l~tence of the conditions constitufi~ its q~lifications
~ a legal newspaper
That the legal or official matter hereto athached was cut from the columns of ,aid newspaper, and was
~e' printed and published therein in the English language once each week, for.....~..successive weeks;
Council
/
day
That it was first so published on Thursday, the .................... /. .... ~.'~ ................. day of
HONSE¥, ' .~.
· ................................ ~9..~.~7., and thereafter on Thnrsday of each week to mad
I<~'-~N'A'LD TRIJCk~ER' including the ..................................... day of ............................ IV ....... ~d
f~k." ' ' ' ' that th~ ~oll~win~i~ a p, rint~d cop~ ? t~eJower case, a~ph~bet from ~ to Z, both inclusive, and is hereby
~ t (~r~s'hcd i~ ~e~h Hennepin. ~ost.,
official matter, t+wit:
abcdefghliMmnopqrstuvwxyz~6-pt Oldstyte
abcdof~Mjklmopqrs~xyz~6-pt. De*inne
abcdefghij~nopqmtum~7~-pt. ~ce~ior
abcdefghij~nop~s~vwx~7Va Memp~s Bold
Sub~ribed ~d S~a ~o before
NO~ Publ~, Henne~n County Minn.
My ~mmi~ion ~pires March 27, 1960
Chapter 155
Ordinance No. 53-2
AN ORDINANCE REGULATING THE USE OF HIGHWAYS WITHIN'
THE VILIAGE OF NEW HOPE AND' IMPOSING IPENALTIES FOR THE vIOLATION
THEREOF.
The ¥illage Council of the Village of New Hope Ordains:
Section 1. Careless Driving: No person shall operate or halt any vehicle'
upon a street or highway within the Village of New Hope, Minnesota, carelessly or
heedlessly in disregard of the rights or safety of others or in a manner so as to
endangsror be likely to endanger any person or property.
Section 2. Speed Re~lations: (1) No person driving a vehicle within the
'Village of New Hope shall drive the same at a speed greater than is reasonable
and prudent under the conditions and having regard to the actual and potential
hazards then existing. In every event speed shall be so restricted as may be
necessary in order to avoid colliding with any person, vehicle or other con-
veyance on or entering the highway in compliance with legal requirements and the
duty of all persons to use due care. (2) Until the streets of this village have
been zoned as authorized by the State Highway Traffic Regulation Act, no vehicle
shall be driven thereon at a speed in excess of 30 miles per hour, except that on
that part of Highway No'. 1~; Bass Lake Road; P~ckford Road or State Highway No. 55;
36th Avenue North and 26th Avenue North or ~dicine Lake Road, lying West of
~innetka Avemae, the maximnm speed limit shall be 40 miles per hour and on County
Highway No. 18 the maximum speed limit shall be 50 miles per hour. After the streets
of the village have been zoned and different speed zones established thereon, and
signs have been posted calling attention to such zones, no vehicle shall be driven
upon any street in the village at a speed greater than that indicated on such signs.
No person shall drive a vehicle at such a slow rate of speed or in a manner so as
wilfully to impede the normal flow of traffic.
Section 3. Parking Regulations: (1) Every vehicle parked upon any street
with K 'cUrb shall ~'e' parked parallel to the curb and with the right-hand wheels of
such vehicle within 12 inches 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 any police officer of
the village may require the person in charge thereof to move it to a place of safety;
and if such movement is not made or if any motor vehicle is left alone or abandoned
in any such position, the officer may provide for the removal of such vehicle to
the nearest convenient garage or other place of safekeeping, the cost of which shall
be paid by the owner or claimant. (2) No person shall park a vehicle or permit it
to stand, whether attended or unattended, upon any highway within the village, in
any of the following places:
(a) in front of a public or private driveway.
(b) within an intersection.
(c) within 20 feet of an intersection.
(d) within 30 feet of any flashing beacon, stop sign, or traffic-
control signal located at the side of a roadway.
(e) within 50 feet of the nearest rail of a railroad crossing.
(f) alongside or opposite any street excavation or obstruction when
such stopping, standing, or parking would obstruct traffic.
<g) on the roadway side of any vehicle stopped or parked at the edge
or curb of a street.
(h) upon any bridge or other elevated structure upon a highway, except
ChaPter 155
Ord. No. 53-2
as otherwise provided by the council by resolution.
(i) at any place where official signs prohibit stopping.
(3) No person shall, for camping purposes, leave or park a house trailer on any
street or the right-of-way thereof. (4) No vehicle shall be parked on any street
for the purpose of displaying it for sale. (5) No vehicle, except that of a
physician on an emergency call, shall be parked for more than 30 minutes between
2:00 A. N. and 6:00 A. ~.; and no vehicle shall in any case be parked upon s~ny
street in any one place for a longer continuous period than six (6) hours.
Section 4. Driving. Under the Influence of Liquor or Narcotics: No person
shall drive or operate any vehicle on any highway' within the v~llage while under
the influence of narcotics or liquor, and no person shall consume liquor while
an occupant of a vehicle upon any street in the village.
Section 5. Chapter 464, Laws of Minnesota, 1937 known as "Highway Traffic
Regulation ACh", as amended by Chapter 430 of Laws of Minnesota, 1939 is hereby
referred to and made a part of this Ordinance. Any person, firm or corporation
who shall fail to comply with any provision or requirement of said Act or who
shall violate any provision or requirement thereof within the Village of New Hope
shall be guilty of a violation of this Ordinance. Every complaint charging such
offense shall specify the section of said "Highway Traffic Regulation Act" violated
by reference to the number or letter designating such section therein and~.shall
allege that the violation of such section of said Act is a violation of this
Ordinanc e.
Section 6. Any person convicted of violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to
exceed $1OO.00 or by imprisonment for a period not to exceed 90 days.
SeCtion 7. Conflicting Ordinances Repealed. All Ordinances or parts thereof
in conflict herewith are 'hereby repealed ~nd' ~0dified insofar as such conflict
cannot be reconciled.
Section 8. SeParability. Each and every part of this Ordinance is declared to
be separate and independent of every other part. If any part hereof is declared un-
constitutional by the Courts of this State, that fact shall not affect any other part.
Section 9. 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 /Q~day of
~ , 1953.
Attest: ~~ ~~yo? i~~ Clerk
(Seal)
Published in North Hennepin Post this ~ day of Tu ~ , 1954.
Ch'apier 155
Ordinance No. 53-2
· An Ordiimance Hegulaling the use
of Highways wiihin iht Vii]ag'e-
of New Ho~e ~.nd Imposing Pen-
aliles for iht Violalion Thereof.
, The Village Coundl of Iht Villa~
} of New Hope Ordains:
~ SECTION 1. CARELESS 'DRIVING. ~
~ No person shall operate or halt any
'hicle upon a street or highway witbin the
Village of New Ilope. Minnesota, care-
lessly or heedlessly in disregard of the ~ NORTH H~NNEPlN POST
~ rights or safet~ of others or iu a manner
,so as t ..... lauger or be likely to eh- ~F~A~ OF P~LICATION
~. danger any person or property.
~ SECTION 2. SPEED REGULATIONS:
: (1) No person driving a vehicle within
(the Village of New .[lope shall drive the
~ salne at a speed greater than is reasonable
: and prudent under existing couditlons and
having regard to the actual and potential
hazards then exls~ing. In every event speed ~ OF MI~8OTA
~hall he so restricted as may be necessar7 ~O~ O~ ~PI~
in order to avoid colliding with any person
~ vehicle or other conveyance on or enter-
,lng the highway in eomplian.ce with legal
u~e du~ car~, (2) Cut~l elm strc~t~ of
...~ill~e h~ve been zoned as authorized hy- ..
the State I[ighway Trafgic Regulation Act b~g sworn on ~th says that he is ~d dur~ ~I ~e ttm~
~no vehicle shall be dri ..... thereon at a
[ Speed in excess of 30 miles per hour. s~te s be~ ...... of The Post Publishing Co., the publis~r
After the streets of the village have been the ~e~l~ap~r ~'J~ '~ NORTH HENN~I~' POST, and has full knowledge of the facts herein
. tished thereon, and signs have been posted ' 'h ubllcation therein of the
~ galling attention to such zones, no ye- / . ~_ t
stated, lhat for more than one year prior *o t e p ....... ' ..................
ihicle shall be dr'yen up ..... y street in ~~ '/~ _
· .~be village at a speed greater than that . ~ ~--
t i~dicated on such signs.' No ~rson shall .................... hereto a~ach~, ~id n~pap*r
C dtive a ~ehiele at such a slow rate of ~~1[;~;~4'[~;' ~fli/g~ of cry~ i= the County of ~ennepiu, State of Minnesota,
printed a P . - -- . J '~ ~ ~i~ time the following conditions have ~st~:
~'gpeed or in a manner so as' wilfully to. Thursday of earn wee~; tna~ uurl,,~ ......
l. impede the normal flow of traffic.
:.SECTION Z. PARKING RkhGULA-
TIONS: (1) E.very vehicle pirked upon · r has been printed in the English language from its known office of publication within
· h~iy street wilh ...... b shall be parked ~jd n~w~a~ich it pa~orts to be issued as above stated in coI9mn,and !heet.fom equi[alen~,j~r~C~
~ralleI to the curb a~d with the right- the vmage ~rom ..... of single column two inches wide' it has ~een issuea once eaca
hfind wheels of such vehicle within ,12 450 running mcne~ ~ , '
to at least -' ' ~ ' --ch ~lace for nublication ~d equipped with skQled workmen ~d necessary
ii~che~ of the curb. On other streets u known o~ce s - - ---a ~rintin* the same' the presto work thereon has been done Ip its ~nown, off~c~
vehicle shnlI be parked to the right of material lot p [~ ~ - '--- 'h-n twit" fly* ncr cent of 1~ news column has ueen a~otea to
:~h~ *main traveled portion thereof and- publicati°n;. ' st to the commumty' whmu' ~ ~: ........ p~,v~.~+- .~+~ o~e~e'., it has contained ~neral. news, comment and
~ra!lel lhereto and in such a manner as news of retire .... ~.._~.+.a ~, other nublieatmn and has not been ~tlr~y made up of pat-
~d~t to inter'ere with the free flow of miscellany; ~t ~as no[ wpm~. uu~2~-~ hai been c~eulated in and near its ~id place of publication to the
~hffic. This shall lint apply, 'however, ia ents, pla~e~ at least ......tw~ ~,U..ndred and forty (240) copies reg~rly dehvered to paymg sub~ytber~,'
~y vehicle disabled upon any street, but ~ent ocond cla~s matter m' ~rs'~ ,uccc'- -' v-o~toffice~ ; and there h~ been on file in the omem oI tnt ~o~y
~try as ~ - - --' ~-*- +h~ mffidavit of a ~rson having knowledge of the fac~ showing
~. police officer of the villxge may re- ' i Henn*p~ ~oua~y, ~mne~u~, .......... '- -
~ired the person iu charge thereof to move theAUdlt°rname° ann' iocauon' "' u~-* .......... ~,ln ,ow~nauer~_. and the ~istenee of the condmons constatuhng its quahficaBons
'f~ to a place of safety; and if such move- a~ a legal newspaper.
~Ont .is not made or if a~v motor vehicle
i,q('left alone or ahandm~ea in any
'ppsition, the ofhicer may provid~ for the
:,fSfimvaI of shch vehicle to the nearest That the le~ or offlchl matter hereto attached ~s cut from the columns of said newspaper, and was
e~nvenient garage or to sllch other place .
~ safekeeping, the cost of which shall . .... ~..(~..succe~ive
,'be paid hy the owner X)r claimant. (2) No printed and publlsh~ therein in the English language once each week, tor
~person shall park a vehicle or permit it'
~at it w~ first so published on Thursday, the ................... {.... ~ .................... day
t~. stand, whether attentied or unattended.
~on any highway within the village, ~.
~y of the ~ol owin~.~ pincer'
~ ' ' ": 19.~./., ~d ther~fter on Thurs~y of ~ch week to ~d
~ .'Ca) ltt front ot a public or pr.irate ...............
i driveway. ' ................
'Cb) withh~ an interaection, ~y Of . . 19....,..,
~ '{e) within 20 feet of an interseetlon., including ~e .................................... ' ........................ }'~
. ;(d) within 30 feet of any ~ashing Bra- _ ~at the followin is a p~nted copy o~ the lower ease a~p~bet from ~. to Z, both mdusv , a d s hereby
~n, gop sign. or traffic-control signal acknowledged ~eing the size and kind of type ~sed m the composition m~d publica~ of said 1~1 or
,iOeated at the side of a roadway, official matter, to-wit:
(~) within 50 feet of' the nearest rail.
eof a railroad crossing.
' {~) alongside or opposite any street ex- abcdefghljklmnopqrstuvwxyz~6-pt. Oldstyle
~ ~ation or obstraetlor when such sro-- abe~efg~iklmnopqrs~vwxyz~6~l. Devinne
~m:g, standing, or parking woul~ obstruct
"i~{iic. abcdef~opqrs~~7 ~-Pt. ~ce~ior
<g) on the roadway side of any vehicle ab~d.f~hi]k~nop~guvm~ M~mphis Bold
stopp~d or parke~ a~ the edge or curb
pon a y b~id or of her elevated
-~¥ise provided bg the coundI by r~mlt~tion. ~ '" .
-(D at any place where official sign~
~ prohibit stopping.
} (30 So persm~ shall, for cah~pi.n~ put- Sub~db~ ~ 8wo~ ~ b~{a~e
any- stre~ or th~ ~Kht-of-way thereof. /~"'~ ada~ o~
¢4) No .vehicle-shall' ~ parked on any
: ~reet for the purpose of displaying it me t~s .. /~
f~ sale. (5) No ~ehiele. except ~hat of a ~ //
2:00 A.~. m~d 6:~ A.M.: a.nd-n*- ve-
l hic~ shall ,in any c~se' be parke& upon any
~ s[reet in a~y one place for ~ lo~ger ¢o~-
ti~uaus perio~ than six (6) hours.
' 8~CT'ION 4.' ~RIVI~G ~N,~ER T-HE
INflUENCE OF LIQUOR OR'. NAR-
~ CO'TICS: No' person shall drive' or.- oper-- R~ ~.
t ~te: ~y ve~icle o~ any highway, within ~ PU~iC, Hennepin County
:~ .-viU~e while under the influ~nce- of ~y Commis~{~ ExB~res Mar~h ~7, 1~
~mties or liquor, and ~-per~
,c6h~e liqu6~ wi{tlc an occupant of
~de u~on .any str~. ia the vilhge.
' ,SECTION 5. Chapter ~4, L~ of
-~&g0t'~, I93~ know~ as *'Hig~wXy'
~ie ~e~nlation Act",. as. amende& is fiet~
~ed to- and. re'adc ~ p~ of t~is~-Ordi-
~ho(- shMl fail. to comply with .~y .provi-
Ordinance No. 53-3
Chapter No. 153
An. Ordinance Regulating the Use, Discharging, or
Exploding of Firearms, Shells and Air Rifles within the Village
of New Hope and Providing for the issuance of Permits.
THE VILLAGE COUNCIL of the Village of New Hope Ordains as follows:
Section 1. No person shall shoot, discharge or explode any firearm,
cartridge or shell containing an explosive, or air rifle within the corporate
limits of the Village of New Hope without first obtaining a written permit
from the Village Council, except:
(a) Persons duly authorized.to act as law enforcement officers, or
me~oers of military forces of the United States or the State of
Minnesota in the discharge of their duties;
(b) Persons engaged in target shooting, with inanimate objects as
targets, within a building or structure safely enclosed where
the sound of the shooting or discharge will not be a nuisance to
persons occupying adjacent property;
(c) Persons engaged in target or trap shooting on target or trap
shooting ranges licensed as such by the Village Council as
hereinafter provided:
(d) Persons acting in self-defense when the use of firearms for
that purpose would not be unlawful under the laws of the
State of Minnesota;
(e) For the destruction of diseased, injured or dangerous birds,
animals or reptiles by persons specifically authorized to do
so by a~'~illage Constable, the President of the Village Council,
or the Village Council.
Section 2. The Village Council may license the use of firearms and air
riflesfor target shooting and trap shooting at any suitable place within the
Village upon application of the owner or occupant of the premises to be licensed
and payment of a license fee of $2.00 per year. All such licenses shall expires
on ~ecember 31 of each year in which granted. No such licenses shall be granted
until the Village Council shall be satisfied that target shooting or trap shooting
at the place to be licensed will not be a hazard to persons, animals or property
on or adjacent to the licensed premises, and no such license shall be granted with
respect to a place not a safe distance from a public street nor to any place where
the sound of the shooting will be a nuisance to the residents in the vicinity. In
granting such a license the Village Council may prescribe the hours during which
shooting will be permitted and the caliber of rifles or other firearms which may be
used. Any such license may be terminated by the Village Council at anytime after
reasonable notice to the licensee and hearing, if the Village Council shall find
that any provision of the license has been violated or that use of the target or
trap shooting range has become hazardous to any persons, property, animals or a
nuisance.
Ordinance No. ~3-3
Chapter No. 1~3
Section 3. The Village Council, the President of the Village Council
or a ¥illage Constable may grant a permit to any person on application for
the use of appropriate firearms or air ri~es for destruction of a diseased,
dangerous or injured animal, but no such permit shall be valid for longer than
twenty-four (22) hours after given.
Section 2. Upon payment of a license fee of $.25 per year, or any portion
thereof, the Village Clerk may issue a permit for the shooting, discharging, or
exploding of any firearm, cartridgegor shell containing an explosive, or air
rifle, by any person within the corporate limits of the Village of New Hope, but
all such permits shall expire on December 31 of the year in which granted and
shall specify the type or types and caliber of firearms authorized, the hours
during which shooting will be permitted and the portion of the Village in which
shooting is authorized. Any such license may be terminated by the Village Council
at anytime after reasonable notice to the licensee and without hearing, if the
Village Council shall find that any provision of the Ordinance has been violated
or that use of the permit has become hazardous to any person, property or a
nuisance.
Section ~. Nothing in this Ordinance shall authorize the use of any fire-
arm or air rifle in a manner which will endanger any human being or property, and
no permit or license granted hereunder shall in any way relieve the person acting
thereunder from civil liability for any d~mage resulting from such use of any
firearm or air rifle.
Section 6. Any person who shall violate any provision of this ordinance
shall be guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than One Hundred Dollars ($100.00) or imprisonment not
exceeding 90 days.
Passed by the Village Council of the Village of New Hope this /~3 day of
December , 19~3.
.... PreSident~ - -~.~
itte s t:
(Seal)
-2-
ACOEPTAI~E OF ORDII/AI~OE
~EREAS, at a ~eti~ of the Vllla~ Co.ell of the Village of
New Hope, Mi~eeota, ~uly hel~ on December 10, 19~3, ~ ordt~ce was duly
and re~rl~ ~sed by ~a~d Council, ~tch ordtm~e ~s entltl~t
~ ORDI ~E
a~ assigns, the rl~t to ~~ture, tmpo~, trav~-
port, sell ~ distri~te ~ for bestir,
a~ o~er p~es la the illl~e of New Hope a~ to use
the Streets, Avenues, ~ Alleys thereof for that pu~ose.
~, the said ordinance was published tn the "Nor~ Hennepln
Po~t", a tuly q~ified a~ leal publication, on ~eb~ $, 19~$;
~, said o~i~nce is n~ In full force a~ effect.
~, ~~~, sa!~ Mt~eapol!s G~ Co~a~, for itse~ a~
its successors a~ ~si~s, does hereb~ accept the said ordin~ce ~d the
ri~t a~ ~thorlty g~nte~ thereby upon the te~s ~ co~itions la said
ortimce set forth.
TN T~TIMO~ ~F, the sai~ Mi~eapoli~ Gas ~o~ has cau~
tkt~ inst~ent to be execut~ in it~ me ~ B~alf by its duly
'officers, ~md ~s att~hed hereto the s~l of ~e Oo~a~ this 8th day
of Feb~, 195~.
MI~LI~ ~S C0~A~
~ V~ ;e Pre~ent
Att eet:
8ecreta~
~he a~e Acceptance ~as ~u~ fi~ ~ the Villa~ O1erk of the Vi~la~ of
Ne~ H~e on the ~ ~ ~a~ of Fe~~
ViSage 01erk
Village of New Rope,
0RDINANCW, NO.
AN 0RDI ~NCE
GRAI~ING TO NINNEAPOLIS GAS C0~dOANY~ ITS
SUCCESSORS A~D ASSIGNS ~ THE RIGHT TO
MANUFACTURE~ IMPORT ~ TRANSPORT ~ SELL ~ AND
DISTRIBUTE O.&8 FOR HF~TII~Go ILLUMINATING AND
0THk~R PURPOSES IN THE VILLAGE OF NEW HOPE
AND TO USE THE STREETS ~ ~%VENUE~ ~ AND ALLEYS
THEREOF FOR THAT P~0SEo
THE VILLAGE COUNCIL OF N~ HOPE DO ORDAIN AS ~0LIOWS2
Section lo Grant of AuthoritF_~ There i~ hereby granted to Minneapolis
Gas Compauy~ hereinafter called the 'SOompany9'~ its ~uccessors and assigns, for
a period of twenty (20) years after the adoption hereof~ the right to manufacture,
import~ transport~ sell~ and distribute gas for heating, illuminating~ and other
purposes within the limits of this Village0 hereinafter called the ~Village~
as the same now exi2t or as they may be extended in the future~ and for that
purpose to e~tablish the necessary facilities and equipment ~ and t o maintain a
manufacturing plant9 ga~ main~ service plpes~ and any other appurtenances
necessary to the manufacture~ ~ale~ and distribution of gas in and along the
streets ~ alley~ 9 avenues~ and other oubllo~ places of said mun~c~.~pal~ty~ and to
do ail things ~nich are rea~onable~ necsssaryo or customary in the accomplish-
ment of this objectiveE subject~ however~ to the further provislon~ of this
franchise° Provldedo however~ that before the ~aid company ~h~ll e~tablish any
plant in said Village for the manufacture of gasothe approval of the Village
Council of the location thereof,~ in the exercise of a reasorm, ble discretion by
said Council~ shall be first obtained by said Company° No such plant ~hall be
constructed or operated in violation of the zoning and building ordins, nces of
the Village o
Section 2. 0bstructin~ Streets~ The Company shall exercise it~
privileges hereunder subject at all time~ to the police power of the Village
and shall not unnecessarily or unreasonably obstruct the use of or injure any
street9 avenue~ or alley~ ~nd ~hall0 upon the completion of any construction or
repair~ restore all ~rcets~ avenues9 arid alloys cf the municipality which shall
be opened by it or i~$ agent~ or employees for the purpose of laying, placing~
or repairing its aforesaid gas mains or ~ervice pipes te as nearly the same
order and conditio~l as they were before the excavation was made as is reasonably
possible, and '~hall maintain~ repair, and keep in good condition for a period
of three (3) months all portions of said streets, avenues, and alleys disturbed
by it or its agents~ provided that the three-month period shall be computed
from the time of the closing of the excavation~ but in case of frost before the
three-month period hms expired, the same shall continue for the stated period
after the frost leaves the groumio Any obstruction of any atreet~ alley, park,
boulevard, bridge, or other public place~ or any failure properly to fill ami
maintain a street after excavation~ after proper notice demauding removal or
repair, as the case may be, shall be taken care of by the Village ami the cost
thereof shall be charged against the 0ompar~ and may be deducted from any
payments due it from the Vlllageo
Section 3o Plats° The Oompany~ prior to the laying or re-laying of
any ~ains under this franchise, shall present to the Council a complete plat
showing the looation~ slzs, and estimated cost of all proposed mains° The
Oompany, before laying o~ re~iaylng any mains~ shall obtain approval from the
0oun¢il, or its agent, in the exercise of a reasonable discretion by them°
~ll~re of the Village to insist ~pon this provision shall not be deemed a
waiver thereof o
Section 4o ~.DamaEe Ol.atm~ The Company shall indemnify, keep, and
hold the Village free and harmless from liability on account of injury or
damage to persons or property growing out of the construction, maintenance,
repair, or operation of its property, and in the event that suit shall be
brought against the Village, either independently or jointly with the 0ompany,
on a~count thereof, the Oompaz~v~ upon notice to it by the Village, shall
defemi the Village in any suit ~ at the cost of the Oompany~ and in the event
of a final Judgment being obtained against the Village, either independently
or Jointly with the Oompan~ the Company shall pay such Judgment~ with all
costs, azid shall hold the Village harml~s~ therefrom~
Section 5o Stand~vds of Sera!Ceo The Company shall at all times pr;vide
and furnish an adequate~ safe and continuous supply of gas to the village and its
inhabitants~ subject however~ to the further provisions of this section° The
Company sells and distributes straight natural gas throughout lt~ entire gas dis-
tribution system~ which is located in the City of Minnea~ olis~ Minnesota~ and in
a number of suburban communities and in the territory adjacent to and near the
said city° The natural gas distributed by the Company is furnished by the pipe
line system owned and operated by Northern Natural Gas Companyo a "natural gas
company," under the Federal Natural Gas Act o which subjects said Northern Natural
Gas Company to the jurisdiction of the Federal Power Commission°
The Company shall not be liable to the Village or its ir~habitants~ nor
shall the Village~ or any !nhabit~ant who ia a customer of the Company~ be liable
to the Company hereunder by reason of the failure of the Company to deliver~ or
of the Village or a customer to receive~ natural gas as a result of acts of God~
or the public enemy~ in~bility of pipe line supplier to furnish an adequate supply
due to an emergency~ an order or decision of a public regulatory body~ or other
act~ beyond the control of the party affected°
Whenever any of the occurrences named above take place~ the Company
shall have the right and authority and it shell be it~ duty to adopt reasonable
rules and regulations in connection with limitingo curtailing or allocating
extensions of ~erv!ce or supplying of gas to any customer or prospective customer~
and withholding the supplying of gas to new customers~ provided that such rules
and regulations shall be uniform as a~plied to each class of customers~ and shall
be non~discriminatory as between communities°
The Company shall have the right to contract for the sale of gas for
industrial use on an interruptible bas!s~ requiring the customer to have standby
equipment for use upon notice by the Company° The Company~ s rules~ regulatlons~
schedules or contracts for curtailing interruptible gas service shall be uniform
as applied to each clas.~ of interruptible customers°
If service ia suspended because of any of the reasons set forth above~
occurring through no fault or negligent act on the part of the Com~anyo such
suspension ~h~ll not be m~de the b~sis of any~action or p~oceedir~g to terminate
this franchise° The quality of the gas sold in the Village shall be the s~me
as that sold to the Company, s customers in the City of Minneapolis°
Section 6 o Extensions of Se~viceo' The Company agrees to lay such o~
its mains and pipes ae come within its requirements for suburban service as
soon as reasonably possible to do SOo The Council of the Village shall have the
right to make such reasonable rules and regulations as may be necessary to
provide adequate and proper service°
Section 7o Rates° The Company agrees for and in behalf of itself~
its lessees~ successors~ and assigns that all authority and rights in this
ordinance contained shall at all times be subject to all right~ power~ and
authority now or hereafter possessed by said Village or any other regulatory
tribunal having jurisdiction thereover to regulate~ fix~ and control just~
'reasonabie~ and compensatory gas rates~ except as hereinafter limited° The
Village recognizes that the entire suburban area adjacent to and near the City
of Ninneapolis~ which includes the Village of New Hope may be regarded as
a single zone for rate=making purposes and agrees that the Company has the right
to insist upon a uniform rate for all of its consumers in said suburban area°
All rates charged under this ordinance shall at all times be fair~ just and
· reasonable o
Section 8o Accounting Reports° The Company agrees to file with the
Village Clerk~ on or before July I of each year~ a copy of its annual report
to its security holders for the preceding calendar year~ together with a
balance sheet and income statement of the suburban division and a balance sheet
and income statement for the Village of New Hope on an allocated basis°
Section 9o Forfeiture° If the Company shall be in default in the
performance of any of the material terms and conditions of this ordinance and
shall continue in default for more than ninety (90) days after receiving
notice from the Village of such default~ the Village Council may~ by ordinance
duly passed and adopted~ terminate all rights 'granted under this ordinance to
the Company. The said notice of default shall be in writing and shall specify
the provisions of this ordinance in the performance of which it is claimed that
the Comp~any is in default o Such notice shall be served in the manner provided
by the laws of the State of }4innesota for the service of original notices in
civil actions° The reasonableness of any ordinance so passed declaring a
forfeiture of the rights and privileges granted by this franchise ordinance
'shall be subject to review by the United States District Court for the District
of Minnesota~ Fourth Division°
Section 10o Non-Exclusive. 'The' r)ights and privileges hereby grante~
are not exclusive~ and the Village expressly reserves the right to grant rights
and privileges to other persons or corporations o
Section ll o ,C~hange of Government° Any change of the form of govern~
ment of the Village into a city or otherwise as authorized by the State of
Minnesota ~hall not affect the validity of this franchise~ Any municipal
corporation succeeding the Village shall~ without the consent of the Company~
succeed to all the rights and obligations of the Village provided in this
f rauchi se o
Section 12o Acce~tanceo The Company shall9 within thirty (30) days
after the passage and publication of this ordinance~ file with the Village
Clerk its acceptance of the same in writing~ signed by its proper officers
and attested by its corporate sealo
Section 13o Effective Date° This ordinance shall take effect and
be in force from and after its passage and publication°
Adopted this 10th day of ..... December ~ 195_S_o
ATTEST
,~s/ ~o~ T~cker
Village Clerk
Ordinance No. 53-1~
A~ .O~ZNA~CS
lhe ,-Rig~ lo ManuIa~re,
r~e, ~sfor ~li~. Illa~-
flng and ~oL~e~, P~es in ihu
ii~g~ of~ H~W HoPe and io Use
i~ Stre~s. Avsnu~. and Alleys:
~re°f f~r' Tha~ PuT.se. THE NORTH ~N~PIN POST
~FIDA~ O~ P~LICATION
THE VIL,~GE COE'XCIL OF NEW
~O~E DO ORDAIN AS FOLLO%~S:
-SeCti~ 1 GRA,~T O~ AUTIIORITY.
There is hereby ~ran'ted ~o MinneapoEs Gas
C~pany, hereina{~cr called the "Com-
~," ~ts ~,~r~ ~ ~i~u~, ~ ~ STATE OF MI~SOTA
per~od of twenty {29) years after the adop- ~
porh transport, sell, aud dlstrib~te ~as
{o~ heating, iilumhmtina, and ~ther p~r-
~oses within the limits of ibis VHla~e,
same now exist o~ as they may be ex~cnded
m the future, and ~or ~ha~ pur,pose t~ es- - ............. ~~~bein duly sworn on ~th says that he is ~d dur~K ~1 the tlm~ herein
tabHsh the llecess~' faciliti'es an~ equip- ~~~~ ~.
plant, gas mains, serwce pipes, and any 8~ted has b~n ............. o~ ~e Post Publls~g Co., th~ publisher o~
other appurvenances necessary to the mmm- the newspaper known as THE NORTH H~INEPIN' POST, and has full knowledge of the facts herein
~acture, sale, and d.istribution of gas
and along thc streets, alleys, avenues, and
other pnblic places of said mnnicipality, stated; that ~or more than o~e year prior to the publication therein o{ the ..............................
......,he furtherfthis objective;provisions sUbJoi .... th.ish ........... franchise. ~~::~ ;--., e d_j.::g: :>,reto~g::n~n~a~ach~a:~:d:f''d ne.paperMmnesota
Provided, however that befol~ the said ~ k I a 1 o
c~npany shall establish any plant in said'
X llage for the manufacture of aaa, the
at)proval o~ the Village Council of the
location thereof, in the exerdse o{ a rea- ~ Said newspaper has been printed in. the English lan~aae, from its known office of publication within
~onahle discretion by said Council, shall the village from which i~ purports ~o be ~slued as above state{ m qolumn and ~heet form equivalent in space
be first obtained by said Company, No~ to at least 450 running m~hes of single column, ~wo.mches wide[ it has ~een issued once each week from
~ known office established m such place for pubhcatlon and eqmpped with skilled workmen and necessary
such plant shall b .......... ted or oper- materi~ for pr.paring and printing }~nS~itt~v~ress w~ ~ereo~ has b;en done in i~ known office of
ated in violatiorr of the zoning and build-~ publication; in its makeup not l~ss ~ . y- per ce o. i~ ews c9 umn has been d~oted to local
lng ordinances of the Village. news of interest to the commumty whtch at purpor~ to ~e~e; It has contained general news, comment and
Section 2. OBSTRUCTING STREETS. ' miscellany; it ~s not wholl[ duplicate~ ~y o~er .pubhcatt~n and has ~ot bqen ~fir~y made up of pat-
The Cmnpany shall exercise its privileges en~ plate matter~ and advertisements; it has been c?culated m and.near ~ts ~ld place ofpublica~on to the
hereunder subject at all times ~o the police ~tent of at least two hundre¢ a~d fo~y (240).copies regularly delivered to pa~ing subscribers; it has h~
power of the Village and shall no[ uE- entry as ~cond class matter m a~s local postoffl?; ~nd there h~ been. on ~e m the office of the
necessarily or unreasonably obstruct the A~ditor of Hennep~ Count~, Minnesota, the affidaw~ of a person hawng, knowl~ge of the fac~ show~g
use .f or in~ure any street, avenue, or the nme and location of sa~d newspaper and the ~mtence of the conditmns consti~ng its q~cafions
alley, and shall, upon the ~mpletiou of any. ~ a legal newspaper
avel]~lcs, and alleys of the municipality
which shall be opened by it or its ~nrs or
em,ployees for the purpose of laying, plat- That the leg~ or official matter hereto attached was cut from the columns of said newspaper~ and was
lng or repairing its aforesaid gas maius or
6ervice pipes to as nearly the same order
and conditim~ as they were before the printed and published therein in the English l~guage once each week, fo ...succe~i~
sible, and shall maintain, repair, and keep
m good condition for a period of three (3) ~at~~ was first so published on ~ursday, the ..................... ~ ..................... day
months all porti .... f said stre¢ ........ ~~.
nuts. and alleys disturbed by it or i~ ................. , 19. ., ~d thereafter on Thurs~ of ~eh we~ to
agtnts provided that the three-month .....
period shall ~e cmnp~ted from the time of
lncludlng the ........ ~.. ~y of 19
th? closing of the excavation; but m case ' ' * ..................................................................... , d
of frost before the three-month period h~ that the fol]owingis a p~nted copy of the lower c~e aJphabet from ~ to Z, both in~usive, ~d is hereby
ea4>ired, the mine shall continue for the acknowledged asbeing !he size and kind of type used in the composition ~d publicati~ of sa~ 1~ or
~'-'4 period after the frost leaves the [ official matter, to-wit:
] md. Any obstructien of any street~
,y, park, boulevard, bridge, or other ,
.blic place, or any failure properly to lilI abcdefghijklmnopqrstuvwxyz~6-p[ Oldstyle
3d maintain a street after excavation, after ~ abcdefgMj.klmopqrs~vwxyz~6-pt. Devinne
pair. as the ease may be. shall be taken abcdefgMj~nopqrstum~7~-pt. ~ce~or
care ~f hy the Village and the cost thereof-
shall be charged against the Core,tony and abcdefgM~k~nopqrstuvwx~?~ Memphis Bol~.
Section 3. ~LATS. The Company, prior
to the layina or r~-layina of an7 maiqs
m~der this ~ranchise. shall present to the ~
,Council a complete plat showing the lots- .
lion size. and eaimated cos~ of all pro-.
posed mains. The Company, before laying. '
or re-laying any mains, shall obtaiu ap-~
proval ~rom the Council, or its agent, in Sub~dbed ~d 8wo~n to
them. Failure of the Village re insist upon ~
this ,revision ~hatl no~ be deemed a waiver me thru ~ of ....... ~ A.D., 19. ,
thereof.
Section 4. DAMAGE CLAIMS. The
Conl~pany shall indemnify, keep, and hold ~ ~
~he Village free and harmless ~rmn
on accoun~ of injury or damage ro persons ................. .~ ~ ; ...... 2 .............
or property growing out of the
~ion, maintenance, repair, or operation ~of RALPH J. 8ENNETHUM
its property, and in the e,vent that Stilt
shall be brought against the Village, either ;'io~ary Public, H~nnepin County Mia..
independently ~r jointly with the Co.t~fi}*, ~7 C0mm~$~on ~xpires March 27~ 1~
dn account thereof, the Company, upon ~
notwe ro it by the Village, shall de{enB
the Village in any suit, ar the cost of the
Company; a,d in the event of a final
iudgment being obtained against the Vil-
laae, either independently or jointly with
t~e Compafly the Company shall pay such
indgment, ~lth all costs, and shall hol~
S ectlon . . '
~e Company shall at alt times provide and