1963 Ord 40-41
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... LEGAL NOTICE
ORDINANCE NO. 40
AN ORDINANCE AMENDING
O. (.DlNANCE NUMBER 19 AND
AME:>JDMENTS THERETO, BEING
AN OHlJINANCE 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
Collowing 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 anyone of the fol.
lowing facts exist:
(a) That any dog at any time
has destroyed property or habitually
.
trespasses in a damaging manner
011 property of persons other than
the owner;
(b) That any dog at any time has
attacked or bitten a person outside
the owner's 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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i<t
* LEGAL NOTICE
Ordinance No. 41
AN OHUll\)Ai'-JC.r.; lAttA"lll,G 1111'.:
VILLAGE Or' ExCELSIOlt FEh~
MISSION TO USE l'uBLlC
2/rH.El~'1'S .\l\_Ut~i..l\C.E.;S L'~ . _~ 1.('/
VILLAGE 01' SttOREWOOL; l' UH
CO;\iSrJW C1 10i~ ,1'[:\1;\)'1 L,A;~Ct;
AND Ot'EHATlU,'i 01" A THUNK
SEWL;n jL~U SErtV1Cb Lll\ES AM)
OTHEli J' AUL!Tl1';S VOH J:"U1t~
1,lSil1J\G :)A,~lTAHY SEWEltA(~E
S1c:n v ICE, SUB-JEeI' TU CElt1'AE'i
TERMS A;\iD CO ,'iDITiO;";S, Pi{C
SCHIHING 'l'HE HA'fES TO BE
CHAliGED THEHEFOR
WHEHEAS, SxcelslOr owns allJ
operates a municipal sewage system,
and
WHEH.EAS, Excelsior has con
tracted wIth lndc'pendent School l)is~
triet No. 2'/6, Hennepin and Carvel
Counties, LO construct a trunk sewer
hne to a school site of said District
in the Township of Chanhasscn,
County of Carver, State of NIinne-
sota, and
WHEREAS, said trunk sewer will
pass through the Village of Shore~
wood and a portion of the 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 Indcpendent 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 ;111 ordinance providmg
therefor.
II, FRANCHISE
1. 3horewood grants to Excelsior,
its successors and assigns, for a per~
iod of thirty (30) years from and af-
te; accepL.mce of this ordinance by
Excelsior, subject to the terms hen:
in contained, the right to maintain
and operate a sanitary sewerage
collection syst.em and to construct I
trunk sewer along public easements
in Shorewood from Excelsior to the:
Independent School District No, 276
to school site in the Township or
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 lll'cpssary or cus~
tomary in the accomplishment of
this objective.
2. Excelsior agrees to manage it~
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.
.
.
.
.f, Sllun:woou grJiiLS ,0 Excelslur,
JC;; succes:sors anU ass l!>ns, lor Llw
pt:J.'lUU P",UVIUCU 111 I,Ul;:, urUiHdUCtJ
Llle ngllL w U::,e pUUliC ;,rn;ec;; allu
plaCCS ill ;:,Ilorewuuu Iv!. Llll' opera.
(Jon 01 ;:,alU .:laHH.Jry ~cy..iel dgl' ~LJ
VIce; prOVlueU bxcd::'j(H' wut gl' e
rea,,;unaLllt.: llULlC:;: LO lllt: ~llUrCWli<'U
"luage t..1l6ll1eer pnur LO 1I1e LUll
SLrUCtlOll ot Sewer lUles ill ,my pan
01 ~!lVJ ewoucL Ille iaymg 01 "UCli
lines sHal! not ulllluiy lllteril,n~ WIlll
LJW estalJlJsflCd :)llurewooll plalllllllg,
l'laIlS and Sptc'Clllcatlon,; LOr all CUll
strucuon U1 :)llon:wouu SHall IJe
maCle avaualJle to ~horewooll ill It::,
request. t;xcelslOr sllail Ilave nu
nght to construct or mstail seWl'"
lines 111 any part ul ::>horewood Wltll.
out tll'St olJtammg appnJVaJ lrom
SllOrewood.
5. ExcelslOr shall not Opell or dJS~
turb the surtace or any strl'Ct or
pubhc place lor any pUl pose WiUIOUL
Ill,SL navmg oDtamell a perm1t so to
liu II UJlI rhe pJuper :)llorewoud 01 ~
llClaiS. l'runK anu ser\ lCt: sewer
unes ana oLller lJi\!peny placed m
me street and publiC places, pur
suam La SLlUl !y'rnliL:>, shall lJe 10.
eaLed 1I1 the "lIedS or pu[twn ot thl'
SL1'lC'LS and pUi}llc places as snail be
ue:;lgllaLed uy ;)l1urewooct
u. ~xcl'lswr sHal!. upon completJOD
01 any worK n:qUlrtng the up'''lung
ot any sLied or publ1c place, re:;1o['e
the same, 111eiUCllI,g the pavmg awl
Its tounoaU;)rb. to as gom1 CondltlOlI
as lorrncrly, and ,~baJl eXt.:TClSl:' J't.:~a
sonable Cd!'e tu lllain:alll the ;;,HlI,'
10;" one yc.al thcl't'attt'!' in goud cuB
drlwl], ~alo worK "trail be pe!JUl'Jlled
with due dIligence and. II l<;xceblOr
shall tail promptly to per1orl1l ano
complete ttJe W(lrK, to rcmove all
du'! and rubiilsn. and to put the
street ur public plaC(, in goud con~
dillon, Shol'cwu'J(J 'ihall havc thc
right to put Uw S\i lTI or public
plaCe' in good cunditlOt, at the l'x~
pense of ExcdslOr, and Excelsior
shall, upon dun:" pay to Shor('~
wood the cost 01 ,\jl!l work done for
or performed by Sho!'lwood,
7, Ownership and control. The sew~
age disposal systelu clll1lemplated
herein, including thc trunk :;ewcrs
and disposal facility, is and shall
continue ',0 be owned and controlled
by Excdsior,
III CONNECTIONS
1. Excelsior shall require an ap.
plication for a lJel'lnit by any rpsi~
dent who desires to conned with the
Excelsior sewer system, and Shorp
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, oceupant. 01' all of
them, and may provide and a coy
mant for certifying unpaid cha rges
to the County Auditor with taxes ag-
ainst the property servcd for collec~
tion as other taxes :Irr' eollectr'd.
The permit shall indicatl' in plaia
language thilt unpaid charges may
be so ('l'rtitied and colll'cted. and
may be acknowledged and recorded.
IV. RATES
1. Charges m:ld" for Sf"ver service
directly rcndl'red ,hall be as nearly
as possible propDrtionate to thi: cost
of furni~hing the sam'" and may b"
fixed nn th,_' hasis of \\!ahT cnn(~lHn
cd, or by ;'et"'f('I1CC to it i'('a~O!Flbll
clas~j:ie:;LnIl ,'.1' tbe tiPcS of prern
iscs to which sl'nic, is tUlllishc:d,
Dr by ,'e!l'i'cn('(' to the qmmtily, pol.
lution a,lei di'Tieulty of di';
lJosal sev. ;1).;1' prod'lc,-d. l), on any
othe: equitabll' basis, including, bUl
without limitation. 'lny ccJtllbir';ation
uf those rclerred to ;1 j, )\"{'
2 In consideration or the' F>\c,c!sior
se\vagc-' di:"posal [acilitic;-; in eXlS-
ten('e pI'ior to issuance nf a con.
nection permit, Exel+i:'lr m'l~,'
chargl' useT'S thc. following:
(a) Trunk sewer investment.
For the trunk sPwer for
l'ach residential 'ir,war'e equi
\.,llell!. as defined herein, one
two hundred fiftieth of the cost
of construction of said trunk
sewer,
The total rcsidenti<1! sewage equiva
lent of the trunk sewer is 250, The
cost of construction of said trunk
sewer shall be certifi"d by the Ex~
celsior Clprk and shall include all
costs or expel1ses for labor, construc
lion, or ('ontri.wtor ser'vices, mater.
ials, cngiTl('ering services, legill ser
vic,,:;, administrative services and
other expenses. including expenses
for p<Jscmpnts and permits and costs
incidental thereto,
(b) Plant Capacity Investment.
For the eapacity of the Ex~
cclsior disposal facility, in ex
istencp prior to the issuance of
a connection permit, Excelsior
may charge users the .sum of
FiH' lIundrpd Dolbrs ($500,00)
for e<Jch residential sewage
equivall'nt as defined herein of
the USE' to be connected.
3 Monthly sewage charge. In con-
sideratl..'n of Excel~ior rendering
sewage disposal service to Shore-
wood residents and the inspection
and maintenance by Excelsior of all
facilities. including disposill plant
and trunk sewers, Excelsior may
chat!!,e the following service eharge:~
commencing from the time of con-
nection of each use:
(n) Excelsior rate. An amount
equivalent to the charge to a
resident of Excelsior, at the
same rate charged to sueh res-
ident. on the basis of the resi-
dcntia sewage equivalent of
the use connected,
(b) Residential sewage equi-
valent. The residential sewage
equivalent of a single family
rcsidencl' shall be one unit. The
sewage equivalent of any facil~
ity othel' than a single family
residmce shall be detl'rmined
on thl' basis of thE' amount and
quality of sewage introduced
by said facility into the system
and shall be agreed upon by
E~xcelsior and Shorewood before
such connection is mndc,
.,
t
.
(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,
mformation 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-
gaging upon the project shall notify
Shorewood in writing of the neces.
sity therefor, and of the nature and
exient 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, Excelsi(lr 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
d1rt, oil, grease, petroleum, combus-
tible toXIc substance, acid, dye,
rad10active substance, heavy sub-
stance, sewage ot quality exceedmg
'/50 parts per million, fIve day biolo-
gical oxygen demand, or any other
substance, harmful to the treatment
process, to be introduced into any
part ot the sewage system wlthm
::ihorewood and connected with the
Bxcelsior system. If any such suo-
stance is introduced into said system
in the Village of Shorewood, excel-
sior shall immediately notify Shore-
wood in writing speclfying the sub-
stance, the extent thereof, the source
thereof, or the probable source there-
of, insofar as the same can be deter-
mmed. Shorewood shall immediately
.take such steps as may be necessary
to stop the mtroduction of such sub-
stance mto the Excelsior System.
5. NOXIOUS Odor Restdctlons. Ex-
celsior may proh~blt introductlon or
any substance to be discharged into
the system m Shorewood whlCh shah
produce or does produce unusual
and obnoxious odors and gases with-
in Excelsior. If any such substance
18 introduced mto said system in
Sh~ewood, Exceisior shall immedi-
ately notify Shorewood in writing
specifying the substance, the extent
the~eof, the source thereof, or the
probable source thereof, insofar a:>
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-
~erruption 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)