Pub of Ordinances 40-41 in Mtka Record'4
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* LEGAL NOTICE
Ordinance No. 41
AN ORDINANGk; ultAm*ING 1H :
VILLAGE OP' EXCE1.6iOR PEI
MISSION 70 USE VuBLIC
STREETS A'vD PLACES LV iii,,
VILLAGE Or ShOREWOOi-) r Ui
CONSTRUCTION, _VIAiN'IE_vANCE
AND OPERATION Or' A TRUNK
SE�`rLtt AND SErtVICE LINES AiNu
OTHER r'ACILITIES FOR r'UR-
i lSi11NG SANITARY SEWERAGE
SERVICE, SUBJECT TO CERTALN
'PERMS AND CONDITIONS, PRE-
SCRIBING TiIE RATES TO BE
CIIARGED THEREFOR
WHEREAS, Excelsior owns and
operates a municipal sewage system,
and
WHEREAS, Excelsior has con-
tracted with Independent School Dis-
trict No. 2'i6, Hennepin and Garver
Counties, to construct a trunk sewer
line to a school site of said District
in the Township of Chanhassen,
County of Carver, State of Minne-
sota, and
WHEREAS, said trunk sewer will
pass through the Village of Shore-
wood and a portion of We capacity
of said trunk sewer and the Excel-
sior disposal facilities can be made'
available to residents of Shorewood.
NOW, THEREFORE, The Village
Council of the Village of Shorewood
ordains:
I. GENERAL PURPOSE
1. The purpose of this ordinance
is to permit Excelsior to provide
Shorewood residents with sewage
disposal facilities through connec
tion to the trunk sewer running to
the Independent School District No.
276 school site in the Township of
Chanhassen, County of Carver.
2. Excelsior shall be under no obli
gation to extend its sewerage system
in Shorewood except upon its ac-
ceptance of an ordinance providing
therefor.
II. FRANCHISE
1. Shorewood grants to Excelsior,
its successors and assigns, for a per -'
iod of thirty (30) years from and af-
ter acceptance of this ordinance by
Excelsior, subject to the terms here-
in contained, the right to maintain
and operate a sanitary sewerage
collection system and to construct a
trunk sewer along public easements
in Shorewood from Excelsior to the
Independent School District No. 276
to school site in the Township of
Chanhassen, Carver County, and to
construct service sewer lines to said
trunk sewer, and to establish all
facilities and to do all things which
are reasonably necessary or cus-
tomary in the accomplishment of
this objective.
2. Excelsior agrees to manage its
collection system and its plant and
operations in a reasonably efficient
and economical manner.
3. Excelsior shall charge, demand.
collect and receive just and reason-
able rates, charges and compensa-
tion as hereinafter provided.
4. ShuicWtod grants to Excelsior,
low successors Zulu assigns, lal• ule
pefiuu p.UViucu u, ulis urdulalrce,
Lac right tU use puunc ztreeus ailu
places in Jtlbt'eWouu LOV tilt Upera-
uon of balu �aliitary sewerage. bci
vice; pruviuea 11 xCeib101' will give
reasunable uouc tU the baurewoou
village I!jiigirleer prior to rile cun-
struetiUU of sewer lines un Wly pai'L
U1 Shorewood. ine laying of sued
ties snail not unduly interterc wuh
the eswuhshed Jnurewuod planalug.
rtan,s and specifications lot ail con-
strucuon in Snorewoou snall lie
rnaae avauable to Shorewood at its
request. Lxceisior shall have no
right Lo construct or install sewei
lulus In any part of Shorewood with-
but lli'SL obtaining approval from
Shorewood.
J. Excelsior shall not open or dis-
turb the surface of any street or
public place for any purpose without
IRSL naving obtained a permit so to
uo ti oni me proper btiorewuua ot-
iiciais. irunK anu service sewer
Iles ana owner property placed ul
rile street anu public places, pur
suant to such pernuia, shall be to-
euted in the ltrccts br portion of the
stftcLS and pu.,i.c places as shall be
designated by Shorewood:
U. Excelsior shall, upon completion
of any worx requiring the opening
of any sweet or public place, restore
the same, iucivaing the paving and
its iounuation,, io as good Condition
as formerly, aril shad exercise rea
sonable care to maintain the same
for one year thereafter in goud con
ch'uon. Said worts shall be pui iormeu
with due diligence and, it Excelsior
shall lail promptly to perfornn aria
complete the worst, to remove all
dirt and rubbish, and to put the
street or public place in good con-
dition, Shorevvooci shall have the
right to put the sty cut. or public
place in good condiiioi, at the ex-
pense of Excelsior, and Excelsior
shall, upon dcw i,.o. pay to Shore-
wood the cost of sk h work done for
or performed by Shorewood.
7. Ownership and control. The sew-
age disposal systein contemplated
herein, including the trunk sewers
and disposal facility, is and shall
continue -o be owned and controlled
by Excelsior.
111, CONNECTIONS
1. Excelsior shall require an ap-
plication for a permit by any resi-
dent who desires to connect with the
Excelsior sewer system, and Shore-
wood shall receive a copy.
2. As a condition of granting a con
nection permit, Excelsior may make
sewer charge, a charge against the
owner, lessee, occupant, or all of
them, and may provide and a cov
enant for certifying unpaid charges
to the County Auditor with taxes ag-
ainst the property served for collec-
tion as other taxes are collected.
The permit shall indicate in plain
language that unpaid charges may
be so certified and collected, and
I may be acknowledged and recorded.
IV. RATES
1. Charges made for sewer service
directly rendered shall be as nearly
as possible proportionate to the cost
of furnishing the same, and may b-
fixed on th, hasis of water consum
cd, or by reiidence to a reasonable
classification of the types of prem
ises to which service is furnished,
or by reterence to the quantity, pol-
lution qualities and difficulty of di >;
posal of scwage produced, o,c on any
other equitable basis, including, but
without limitation, any efimbination
of those referred to atj_,ve-
2- In consideration of the Excelsior
sewage disposal facilities in exis-
tence prior to issuance of a con-
nection permit, Excelsior may
charge users the following:
(a) Trunk sewer investment.
For the trunk sewer - for
each residential sewage equi-
valent, as defined herein, one
two hundred fiftieth of the cost
of construction of said trunk
sewer.
The total residential sewage equiva-
lent of the trunk sewer is 250. The
cost of construction of said trunk
sewer shall be certified by the Ex-
celsior Clerk and shall include all
costs or expenses for labor, construe
tion, or contractor services, mater-
ials, engineering services, legal ser-
vices, administrative services and
other expenses, including expenses
for easements and permits and costs
incidental thereto,
(b) Plant Capacity Investment.
For the capacity of the Ex-
celsior disposal facility, in ex
istence prior to the issuance of
a connection permit, Excelsior
may charge users the sum of
Five Hundred Dollars ($500.00)
for each residential sewage
equivalent as defined herein of
the use to be connected.
3. Monthly sewage charge. In con-
sideration of Excelsior rendering
sewage disposal service to Shore-
wood residents and the inspection
and maintenance by Excelsior of all
facilities, including disposal plant
and trunk sewers, Excelsior may
charge the following service charges
commencing from the time of con -
nection of each use:
(a) Excelsior rate. An amount
equivalent to the charge to a
resident of Excelsior, at the
same rate charged to such res-
ident, on the basis of the resi-
dential sewage equivalent of
the use connected.
(b) Residential sewage equi-
valent. The residential sewage
equivalent of a single family
residence shall be one unit. The
sewage equivalent of any facil-
ity other than a single family
residence shall be determined
on the basis of the amount and
quality of sewage introduced
by said facility into the system
and shall be agreed upon by
Excelsior and Shorewood before
such connection is made.
r
0
of
(c) Major Repair Costs.
Users shall pay the cost
of major repairs, as defined
herein, of the trunk sewer to
the Independent School District
No. 276 school site in Chan-
hassen Township, Carver Coun-
ty; provided that all users of
said trunk sewer shall be re-
quired to share in said cost in
proportion to their use or re-
served use in terms of the sew-
age equivalent of a single fam-
ily residence.
4. Separate Accounts. Excelsior''
shall keep separate accounts for the
construction cost of the projects con-
templated by this ordinance and
shall keep all related operating,'
maintenance, administrative, and
service charge accounts separate and
apart from the Excelsior accounts.
All accounts shall be maintained ac-
cording to generally accepted gov-
ernmental accounting practices and
shall include, but not be limited by,
information regarding depreciation'
and depreciation reserve accounts'
and administrative charges. All ac-
counting records of the Excelsior
Sewer Department shall be open to
inspection and review by Shorewood,
its officers or duly authorized agents,
at any reasonable time.
V. SYSTEM REPAIRS
1. Major Repairs. In the event of
the necessity of major repairs, or
reconstruction of the trunk sewers or
disposal facility within the Village
of Excelsior, Excelsior before en- i
gaging upon the project shall notify)
Shorewood in writing of the neces-
sity therefor, and of the nature and
extent of the proposed reconstruc-
tion or repair, and the proposed time
for the performance of the work.
The Engineer for Excelsior shall
prepare all necessary plans and
specifications in accordance with
the requirements of this agreement.
The plans and specifications shall
be submitted to Shorewood upon its
request.
2. Emergency Repairs. In the event
of injury or damage to the sewage
system not capable of anticipation,
or in the event of an emergency re-
sulting in sewage damaging proper-
ty, or in the event that continued op-
eration of any facility is in imminent
peril of causing damage to property,
or where operation of the facility is
interrupted, or is in imminent peril
of interruption by reason of an emer-
gency breakdown or damage to the
system, Excelsior may make such
repairs as are required without no-
tice to Shorewood.
3. Repairs and maintenance defined.
Any replacement or reconstruction
of the trunk sewer or any part there-
of shall be regarded as major re-
pair. Maintenance includes, but is
not limited to, inspection and period-
ic clean out of manholes and trunk
and service sewer lines, Excelsior
shall be under no obligation to make
notification before performing main-
tenance.
4. Foreign Matter Restrictions. Ex-
celsior may prohibit introduction of
dirt, oil, grease, petroleum, combus-
tible toxic substance, acid, dye,
radioactive substance, heavy sub-
stance, sewage of quality exceeding
750 parts per million, five day biolo-
gical oxygen demand, or any other
substance, harmful to the treatment
process, to be introduced into any
part of the sewage system within
Shorewood and connected with the
Excelsior system. if any such suu-
stance is introduced into said system
in the Village of Shorewood, Excel-
sior shall immediately notify Shore-
wood in writing specifying the sub-
stance, the extent thereof, the source
thereof, or the probable source there -'
of, insofar as the same can be deter -'I
mined. Shorewood shall immediately
take such steps as may be necessary
to stop the introduction of such sub-
stance into the Excelsior System.
5. Noxious Odor Restrictions. Ex-
celsior may prohibit introduction of
any substance to be discharged into
the system in Shorewood which shah
produce or does produce unusual
and obnoxious odors and gases with-
in Excelsior. If any such substance
is introduced into said system in
Shorewood, Excelsior shall immedi-
ately notify Shorewood in writing
specifying the substance, the extent
thereof, the source thereof, or the
probable source thereof, insofar as
the same can be determined. Shore -
wood shall immediately take such
steps as may be necessary to stop
the introduction of such substance
into the Excelsior system.
6. Temporary Interruption. This or-
dinance shall not be deemed breach-
ed by Excelsior by reason of temp-
orary reduction in capacity or in-
terruption in service due to neces-
sary repair.
7. Excelsior will in no event be un-
der obligation to accommodate user
flow from Shorewood in excess of
the total residential sewage equiv-
alents of the approved Shorewood
connection permits.
VII. OTHER PROVISIONS
1. Impossible Performance. To the
extent provided in this ordinance,
Excelsior shall accept, receive and
process sewage originating from
users in Shorewood under the terms
of this ordinance, and it shall pro-
vide, in a good workmanlike man-
ner, the maintenance and other ser-
vices as required in this ordinance.
However, the obligation of Excelsior
to do so is contingent upon matters
within its jurisdiction and control.
Such service shall be deemed impos-
sible of performance in the event of
strikes, unavoidable accidents, acts
of God, or other matters beyond the
control of Excelsior.
2. Relocation of lines. Shorewood
shall be responsible for the costs of
relocation of any sewer lines where
grade changes are made by Shore-
wood for improvement of drainage
or improvement of traffice condition;
provided, however, after the trunk
sewer has been in place for ten
years, credit shall be allowed for
any betterment.
3. Responsibility for Claims. Excel-
sior shall indemnify, keep and hold
Shorewood free and harmless from
liability on account of injury or dam-
age to persons or property grow-
ing out of the negligence, construc-
tion, maintenance, repair and opera-
tion of its property in the event that
suit shall be brought against Shore-
wood, either independently or joint-
ly with Excelsior on account thereof,
Excelsior, upon notice to it by Shore-
wood, shall defend Shorewood in any
suit at the cost of Excelsior. In the
event of a final judgment being ob-
tained against Shorewood, either in-
dependently or jointly with Excel-
sior, Excelsior shall pay such judg-
ment with all costs and hold Shore-
wood harmless therefrom.
4. Condemnation. Nothing herein
shall be construed to limit the right
of Shorewood to acquire the proper-
ty of Excelsior under any act of the
legislature now or hereafter exist-
ing, or under any provisions of law
now existing or hereafter adopted.
5. The rights and privileges hereby
granted are not exclusive and Shore-
wood expressly reserves the right to
grant like rights and privileges to
other persons or corporations. Shore-
wood further reserves the right to
own and operate its own sewage dis-
posal system and facility.
6. Termination. If Excelsior shall
be in default in the performance of
any of the material terms and con-
ditions of this ordinance and shall
continue in default for more than
ninety (90) days after receiving no-
tice from Shorewood of such default,
Shorewood may, by ordinance duly
passed and adopted, terminate all
rights granted under this ordinance
to Excelsior. The notice of default
shall be in writing and shall specify
the provisions of this ordinance in
the performance of which it is claim-
ed that Excelsior is in default. Such
notice shall be served in the manner
provided by the laws of Minnesota
for the service of a summons and
complaint in a civil action.
7. This ordinance shall be null and
void unless Excelsior shall, after the
publication thereof, file with the
Shorewood Clerk a certified copy of
a resolution duly adopted accepting
the same.
Passed this 17th day of July, 1963.
Lester R. Badger
Mayor
ATTEST:
Elsa I. Wiltsey
Village Clerk
(Published in The Minnetonka
Record July 25, 1963)
a
C7
LEGAL NOTICE
ORDINANCE NO. 40
AN ORDINANCE AMENDING
0:ti(11NANCE NUMBER 19 AND
AMENDMENTS THERETO, BEING
AN ORDINANCE REGULATING
THE REGULATION AND KEEPING
OF DOGS WITHIN THE VILLAGE
OF SHOREWOOD
The Village Council of the Village
of Shorewood does ordain:
Section 1. That Section 13 and 14
of Ordinance No. 19 are hereby re-
pealed.
Section 2. That the following sec-
tions shall be added and become
a part of Ordinance Number 19 of
the Village of Shorewood and read
as follows:
Section 13. Definitions
As used in this Ordinance, the
following terms shall mean:
"dog owner" — any person who
owns, harbours, or keep a dog,
or licensee thereof, or the par-
ents or guardians of such person
under 21 years of age;
"at large" — a dog is at large
when it is off the property of his
owner and not under restraint;
"restraint" — a dog is under re-
straint if it is on the premises
of the person harbouring or keep-
ing the dog; or if the dog is with
the person having custody of it
and it is obedient to the command
of that person.
Section 13 (a) Running at large pro -
prohibited
No dog owner, as defined in this
Ordinance, shall permit his dog. to
run at large, but this shall not pro-
hibit the appearance of the dog up-
on the streets or other public places
when such dog is under restraint as
defined in Section 13. The finding
of any dog running at large shall
be prima facie evidence of violation
of this section by the owner of said
dog. '
(1) Any female dog in season
shall be kept confined indoors by
the owner, or else impounded for the
duration of her season in a com-
mercial dog kennel or dog pound.
Section 14 Proceedings for destruc-
tion of certain dogs.
Upon sworn complaint to the Mu-
nicipal Court or court of proper
jurisdiction that any one of the fol-
lowing facts exist:
(a) That any dog at any time
has destroyed property or habitually
trespasses in a damaging manner
on property of persons other than
the owner;
(b) That any dog at any time has
attacked or bitten a person outside
the owners or custodian's premises;
(c) That any dog is vicious or
shows vicious habits or molests
pedestrians or interferes with the
driving of automobiles on the public
streets or highways;
(d) That any dog is a public nui-
sance;
(e) That any dog is running at
large in violation of this Ordinance;
the Judge or Clerk of said Court
shall issue a Summons directed to
the owner of said dog commanding
him to appear before said Judge to
show cause why said dog should not
be seized and killed by the Animal
Inspector or any police officer, or
otherwise disposed of. Such Sum-
mons shall be returnable in 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 .Judge may either order the
dog killed or the owner or custodian
to remove it from the Village, or
may order the owner or custodian
to keep it confined to a designated
place. If the owner or custodian
disobeys such order he shall be in
violation of this ordinance, and any
police officer or dog inspector may,
upon disobedience of said order,
impound or slay the dog described
in said order.
The provisions of this section are
in addition to and supplemental to
other provisions of this ordinance.
Costs of the proceedings specified
in this section may be assessed
against the owner as custodian of
the dog, if the facts in the complaint
are found to be true.
Section 3. This ordinance shall
take effect and be enforced 30 days
after its passage and publication
according to law.
Passed by the Council this 8th day
of July, 1963.
LESTER R. BADGER.
Mayor
ATTEST:
ELSA I. WILTSEY,
Clerk
(Published in the Minnetonka
Record July 18, 1963)
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