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§ 50.17 ADJUSTED BASE RATES.
   (A)   Water and electric customers. Calculation of adjusted rates for electric and water customers that establish service for 15 or more days during a particular billing cycle shall pay 100% of the base rate for water and electric services, with charges due and owing above and beyond the base rate being prorated by the number of days service was active. Customers that establish service for less than 15 days during a particular billing cycle shall pay 50% of the base rate for water and electric services, with charges due and owing above and beyond the base rate being prorated by the number of days service was active. This shall only apply to billing periods in which a customer has service for less than the entirety of the billing cycle.
   (B)   Sewer and trash customers. Calculation of adjusted rates for sewer and trash customers that establish service for 15 or more days during a particular billing cycle shall pay 100% of the flat fee due for sewer and trash. Customers that establish service for less than 15 days during a particular billing cycle shall pay 50% of the flat fee due for sewer and trash. This shall only apply to billing periods in which a customer has service for less than the entirety of the billing cycle.
(Ord. 942, passed 6-14-2018)
UTILITIES; GENERALLY
§ 50.30 DIVERSION OF SERVICES.
   (A)   The city may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering when the act results in damages to a city utility. A city may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
   (B)   In any civil action brought pursuant to this section, the city shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering to recover as damages:
      (1)   The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
      (2)   Liquidated damages of, until 7-1-1985, $500, and, on 7-1-1985, and thereafter, $750, if the amount of actual damage or loss is not susceptible of reasonable calculation.
   (C)   In addition to damage or loss under divisions (B)(1) or (B)(2) above, the city may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys' fees in cases within the scope of Neb. RS 25-1,801.
   (D)   There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering, or unauthorized metering if the tenant or occupant had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
   (E)   There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
   (F)   The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(1973 Code, § 3-1102) (Ord. 541, passed 10-6-1983)
§ 50.31 INSTALLATION OF WATER AND SEWER LINES; ASSESSMENT AGAINST PURCHASER.
   (A)   Upon the sale of any lot located in an undeveloped block platted within the city limits that the city shall cause to have installed sewer and water lines for the complete block. Upon the purchase of any lot located in the block that the city has installed water and sewer lines, the purchaser shall be assessed $9 per foot of the lot frontage for the water line and shall be assessed $9 per foot of the lot frontage for the sewer line, the assessments to be due and payable upon the purchase of the lot.
   (B)   The above fee shall be in addition to any hook up charges assessed by the city.
(1973 Code, § 3-1104) (Ord. 620, passed 6-11-1992)
§ 50.32 SHARING OF CITY UTILITY SERVICES.
   (A)   No person or entity who holds an active account for city utility services, which includes, but is not limited to, water, trash, sewer, and electric, shall be permitted to share, provide, supply, or otherwise allow these services to be utilized by any other person or entity outside the premises serviced by said account.
   (B)   Upon discovery of a violation of division (A) above by law enforcement or other city official, the city's Director of Public Works, or his or her designee, may take whatever action is deemed necessary to abate the violation if such violation is found to pose a danger to persons or property.
   (C)   Violation of division (A) above is punishable pursuant to § 10.99. Fines for a first offense shall be no less than $250, and for each second or subsequent offense shall be no less than $400.
   (D)   In addition to the penalties set forth in in division (C) above for violation of this section, a violator may also be subject to suspension of his/her/its city utility account.
(Ord. 915, passed 3-9-2017)