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HomeMy WebLinkAbout1961-04 05-25 AP THE BROOKLYN CENTER PRESS 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 BROOKLYN CENTER PRESS, and has full knowledge of the facts herein stated; that for more than one year prior to the publication therein of the. ?. :......... ,,. .. t..... hereto attached, said newspaper was printed and p fished in the Village of Cry�1 in the County of Hennepin, State of Minnesota, on Thursday of each week; that during all said t e 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 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 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 with 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 of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the legal or official matter hereto attached was cut from the columns of said newspaper, and was printed and published therein in the English language once each week, for.. .k......successive weeks; That it was first so published on Thursday, the ..... ........................... day of .................f °fi -.., 19.4.X_ and thereafter on Thursday of each week to and including the .......................... / r day of Y t Z : ' c. 19. / and that the following is a f ed as being printed size and kind case alphabet f rom A to Z, acknowledged both inclusive, and is hereby rinted co g g type used in the composition and publication of said legal or official matter, to -wit: abedefghij klmnopgrstuvwxyz -6 -pt. Oldstyle abedefghijklmnopgrstuvwxyz -0 -pt. Devinno abcdefghijklmnopgrstuvwxyz- 7'i -pt. Excelsior abcdefghijklmnopgrstuvwxyz -7% Memphis Bold C, Subscribed and Sworn to before l me this ....... ,t.r..�.....day of .....c... AD„ 19.1.. ..................... ............................... -t: g No . ................ Affidavit of Publication • OF Published in THE BROOKLYN CENTER PRESS 5617 Corvallis Ave. N. MINNEAPOLIS 22 MINNESOTA DATE OF PUBLICATION ATTORNEY FILED THE BROOKLYN CENTER PRESS 11 12 Brooklyn Center Press QUIRED, from which the building is to be moved: mated by the Building Inspector, to cover Thursday, S 25, 1961 1. No licensed person shall move, re c) A legal description of the premises all other charges required under the terms' Y• Y move, raise or hold up any building within to which it is proposed such building be of this or any other ordinance of the the limits of the Village of Brooklyn removed, if located in the Village; Village except the fee for moving an ac- Center without first obtaining a permit d) The portion of the premises to be oc• cessory building not over 600 square feet AN ORDINANCE RELATING TO'from the Building Inspector. cupied by the building when moved if floor area shall be $10.00, providerl how- HOUSE MOVING AND A- 2 No licensed person shall move any located in the Village'; ever, that a minimum fee for holding up, MENDING CHAPTER 3 o f building over, along or across any highway, e) The highways, streets and alleys over, raising or moving any building or struc- THE VILLAGE ORDINANCES, street or alley in the Village of Brooklyn along or across which the building is ture within or through the corporate Vil- Center without first obtaining a permit Proposed to be moved; lage limits shall be $3.o0. AND REPEALING CERTAIN.from the Building Inspector. f) Proposed moving date and hours. Section 3 -1007. DEPOSIT FOR EX- SECTIONS THEREOF SA person 3 -1 seeking APPLICATION. issuance of a permit 3 ACCOMPANYING PAPERS. FENSE TO VILLAGE. Upon receipt of png Village of Brooklyn Center hereunder shall file an application for such a) TAX CERTIFICATE. The owner of an application, it shall be the duty of the g Y Permit with the Building Inspector. the building to be moved shall file with _Building Inspector to procure an estimate The Village Council of the Village of 1 FORM. The application shall be the application suffiicient evidence that the of the expense that will be incurred in % g made in writing, upon forms provided by building and lot from which it is to be removing and replacing any electric wires, Brooklyn Center ordains: the Building nspector, and shall be filed y g street lam Section 1. Chapter 3 of the Village Or- � % removed are free of an entanglements Ps, or pole lines belonging to the P % to the office of the Building Inspector. and that all taxes and any other charges Village or any other property of the dinances is hereby amended by repealing 2, CONTENTS. The application shall against the same are p aid in full. Village, the removal and replacement of Sections 3 -1005, 3.1006, and 3.822, and by set forth: P b) CERTIFICATEOF OWNERSHIP which will be required by reason of adding thereto new Sections 3 -1005, 3 -1006, a) A description of the buildin r OR ENTITLEMENT. The applicant shall'the moving of the building through the 3- 1007,3 -1008, 3.1009, 3.1010, 3 -1011 % P o- 3 -1012, and 3 -1013, and by renumbering posed to be moved, giving street number, file with the application written state. Village, together with the cost materials former Section 3 -1007 to new Section construction materials, dimensions, nun- ment or bill of sale or other sufficient evi• necessary to be used in making g such re- 3 -1014, and former Section 3 -1008 to new her of rooms and condition of exterior dente that he is entitled to move the movals or replacements. Prior to issuance Section 3.1015, and said Sections to read interior, and photographs, showin building. re the permit the Building Inspector shall S ground 4. FEE. The application shalt be ac- require of the applicant a deposit of a as follows: and street elevations; companied by a permit fee in the amount sum of money equal to twice the amount SECTION 3 -1005. PERMITS RE. b) A legal description of the premises of $50.00 plus a sufficient sum, as esti- of the estimated expense. Section 3- 1008. DUTIES OF BUILD- AIING INSPECTOR. 1. INSPECTION. The Building Inspec. for shall inspect the building, wherever' located, and the applicant's equipment to determine whether the standards for issu -• ante of a permit are met. 2. STANDARDS FOR ISSUANCE:! The Building Inspector shall refuse to issue a permit if he_finds: - a) That any application requirement or any fee or deposit requirement has not been complied with; b) That the building is too large to. move without endangering persons or prop -I erty in the Village; c) That, the building is in such al state of deterioration or disrepair or is i otherwise so structurally unsafe that it could not be moved without endangering. persons and property in the Village; d) That the building is structurally un- - safe or unfit for the purpose for which moved, if the removal location is in the Village; - e) That the parsons equipment is un safe and that parsons and property would! - be endangered by Its use; f) That zoning or other ordinances of the Village would be violated by the building in its removal location; g) That for any reason persons or property in the Village would he endangered, by the' moving of the building; h) That the building to be moved is not! worth at least 60 per cent of the cost of a similar new building as determined by the Building Inspector;; i) That the building in its removal loca- tion would fail to comply in any respect: = with any provision of any ordinance of the Village, or, in the alternative, that proper assurances of such compliance have not been given. 3. FEES AND DEPOSITS, j a) DEPOSIT. The Building Inspector' shall receive from the owner all fees, de- posits, bonds and insurance policies and forward to the Village Treasurer. b) RETURN UPON NON - ISSUANCE. - Upon his refusal to issue a permit, the Building Inspector shall return to the ap. plicant all deposits, bonds and insurance policies. Permit Fees filed with the appli- cation shall not be returned. c) RETURN UPON ALLOWANCE - FOR EXPENSE, After the building has been removed, the Building Inspector shall -_ furnish the Village Clerk with a written statement of all expenses incurred in re- - moving and replacing all property belong. ing to the Village, and of all material used in the making of the removal and re- placement together with a statement of all - damage caused to or inflicted upon prop- = erty belonging to the Village. Provided, however, that if any wires, poles, lamps or other property are not located in conformity with governing or- dinances, the Permitee shall not be liable for the cost of removing the same. The Village Clerk, shall authorize the Building Inspector to return to the applicant all deposits after the Village Treasurer de. ducts the sum sufficient to pa for all of the costs and expenses and for all dam. age done to property of the Village by reason of the removal of the building. Permit fees deposited with the applica- tion shall not be returned. 4. DESIGNATED STREETS FOR RE- MOVAL. The Building Inspector shall procure from the Street Department a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In mak. ing their determinations, the Street De- partment and the Chief of Police shall act to assure maximum safety to persons and property in the Village and to minimize congestion and traffic hazards on public streets. SECTION 3 -1049. DUTIES OF PER - MITEE. Every permitee under this Ordi. nance shall: 1. USE DESIGNATED STREETS. Move a building only over streets desig- nated for such use in the written permit. 2. NOTIFY OF REVISED MOVING TIME. Notify the Building Inspector in writing of a desired ehanl in moving date' and hours as proposed in the appli -; cation. J. NOTIFY OF DAMAGE. Notify the; Building Inspector in writing of any and; all damage done to property belonging to the Village within 24 hours after the damage or injury has occurred. 4. DISPLAY LIGHTS. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. 5. STREET OCCUPANCY PERIOD. Remove the building from the Village streets afer 24 hours of such occupancy, unless an extension is granted by the Building Inspector. o. COMPLY WITH GOVERNING LAW. Comply with the Building Code, the Zoning Code and all other applicable ordinances and laws upon relocating the building in the Village. 7. CLEAR OLD PREMISES. Remove all rubbish and materials and fill ali ex- cavations to existing grade at the original building site, when located in the Village, so that the premises are left in a safe and sanitary condition. S. PUBLIC UTILITIES. The Village Engineer must certify that all sewer charges and water bills payable against the property from which the building is to be moved have been paid and that all sewer ' and water connections have been ' day such violation is committed or per - plugged or discontinued at the curb line nutted to continue shall constitute a sep - or at the, main and that all taxes' against arate offense and shall be punishable as said property have been paid in full. such hereunder. Section 3 -1010. MISCELLANEOUS Section 3.1013. This ordinance shall tale , CONDITIONS, effect and be in force from and after 1. Where the removal location of any its passage and publication. building is known by the Building in- Section 3 -1014. HOURS. No building spector to be subject to any restrictive shall be moved across any railroad or covenants of record, he shall not issue a bridge, unless the hour be specified and permit under the provisions of this Ordi- approved by the company or governmental c nance unless and until he is satisfied that unit controlling such tracks or bridge. all of the terms ad conditions of said Section 3 -1015. MOVING BUILDINGS I covenants have been complied with. INTO VILLAGE. Any person, firm, asso. 2. No permit shall be issued under the ciation or corporation desiring to move I provisions hereof unless and until the any building to within the limits of the 1 Building Inspector shall be satisfied that Village of Brooklyn Center from outside the building proposed to be removed will of such limits shall comply with the fol- in its removal location conform to the lowing additional requirements: general character and to the type of L Notify the Building Inspector of the architecture of the neighborhood. Village of Brooklyn Center during the 3. It is not intended by this Ordinance process of construction of such building to interfere with or abrogate or annul any in sufficient time so that the Building easement, covenant or other agreement be- Inspector may make all necessary inspec- tween parties provided, however, that when tions in order to determine whether such this ordinance imposes a greater or hesv- building complies with the applicable or- ier restriction than is imposed or required dinances of the Village of Brooklyn Center. by any other ordinance, rule, regulation or 2. Pay to the Village of Brooklyn Cen- by easements, covenants, or agreements, the ter, in addition to the required fees for a ( provisions of this ordinance shall control. building permit, an additional fee of seven Section 3 -1011. ENFORCEMENT, cents (7c) per mile to be traveled by the 1. PERMITEE LIABLE FOR EX- Inspectors in making the inspection, com- PENSE ABOVE DEPOSIT. The Permitee puted from the Village Hall in the Village 'shall be liable for any expense, damage or of Brooklyn Center to the site where the costs in excess of deposited amounts or building is being constructed, together with securities, and the Village Attorney shall a fee of three dollars ($3.00) per hour for prosecute an action against the permitee in each Inspector for the time spent in Ion- a court of competent jurisdiction for the nection with such inspection, within a recovery of such excessive amounts. radius of fifteen (15) miles from the Vil- lage Hall of the Village of Brooklyn Cen- 2. ORIGINAL PREMISES LEFT UN- ter. The fee provided in this section shall SAFE. The Village shall proceed to do be paid at the time the application for a the work necessary to leaving the original permit to move a building is made and premises in a safe and sanitary condition, shall be retained by the Village whether where permitee does not comply with the or not said permit is granted. requirements of this Ordinance and the 3. The Building Inspector is hereby cost thereof shall be charged against the authorized and required to make the in- General Deposit. spections provided for herein upon com- pliance with the foregoing requirements. Section 3 -1012. PENALTIES. Any per- Section 2. This ordinance shall be in full son, firm or corporation- violating any of force and effect from and after its legal the provisions of tris ordinance shall be publication. deemed guilty of a misdemeanor and upon Fassed by the Village Council this 15th conviction thereof shall be fined an amount day of May, 1961 not to exceed $100.00 or imprisonment for WILLIAM N. SUPER, a period not exceeding ninety days. Each Mayor. Attest: H. A. DORFF, Clerk. (Published in The Brooklyn Center' Press May 25 and June 1, 1961.)