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(A) A property owner who desires to reserve a portion of the design capacity of the sanitary sewer system or wastewater treatment facility may enter into a contract as approved by the City Council. The contract shall contain a provision stating that an annual amount, representing the person’s proportionate share of the city’s net annual capital investment cost in the facilities reserved, shall be paid by the person signing the contract.
(B) The contract shall also contain a provision that if the person’s average daily flow varies more than 20% on a yearly basis, either party may open the contract for renegotiation of the minimum payment.
(Prior Code, § 51.161) (Ord. 03-39, passed 11-17-2003; Ord. 05-13, passed 3-7-2005)
SEWER RATES AND CHARGES
The Mayor and City Council hereby find and determine: This city has constructed and owns and operates a sewerage system and plant for the treatment, purification and disposal in a sanitary manner of the liquid and solid wastes, sewage and night soil of such community and it is necessary, in order to protect the health of the inhabitants of the city and to comply with the law of the state and the requirements of the Nebraska Department of Environment and Energy that the sewerage system be operated and maintained; that in order to provide the revenues to operate and maintain the sewer system and disposal plant and to create a reserve fund for the purpose of future maintenance, it is necessary that the city establish just and equitable rates and charges to be paid to the city for the use of such disposal plant and sewerage system by each person whose premises are served thereby.
(Prior Code, § 51.175)
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER. Includes all users of the municipal sewerage system of the city, including all persons whose premises are served thereby and all owners and tenants of real estate and buildings connected with such sewerage system or served thereby and all users of such system who in any way use the same or discharge sanitary sewage, industrial waste, water or other liquid either directly or indirectly into the sewerage system of the city.
(Prior Code, § 51.176)
Customers shall be classified as residential, commercial or industrial. For the purposes of this subchapter a RESIDENTIAL CUSTOMER is one whose property is used exclusively for single-family units and duplexes. All other customers shall be COMMERCIAL OR INDUSTRIAL CUSTOMERS.
(Prior Code, § 51.177)
(A) Usage. The customers and customers of the city-owned public sewer shall be charged per 1,000 gallons or portion thereof as set by resolution.
(B) Service charge. Sewer customers of the city shall continue to pay a monthly service charge in addition to the sewer rates as set forth in division (A) above in the amount as set by resolution.
(1) For residential customers, the charge from the sewer rate table shall be based on the average water usage for that property for the three months during the preceding winter. Until consumptive history is properly established for previously unoccupied residential properties, or if metering does allow establishment of usage of individual residences and unmetered properties, the monthly charge shall be the average charge of all other residential customers per month.
(2) Commercial and industrial establishments that discharge wastewater with an average daily five-day biochemical oxygen demand (BOD) not exceeding 250 mg/l or average daily total suspended solids (TSS) not exceeding 250 mg/l shall be charged per the sewer rate table.
(C) Surcharge rate.
(1) If the concentration of wastes from any user exceeds 250 mg/l of BOD, 250 mg/l of TSS or 100 mg/l of grease, the customer shall be subject to a surcharge. The charge shall be at the rate as set by resolution.
(2) If any customer discharges wastes which are in violation of the sewer use ordinance including sludge loads or incompatible wastes, said user will be subject to a surcharge rate of up to twice the surcharge rates. The enforcement of this surcharge clause shall be at the discretion of the city.
(D) Rate determination; penalty. Any customer discharging toxic pollutants into the system shall pay for such increased costs of managing the effluent or sludge by the wastewater treatment facility.
(1) Charges shall be as deemed necessary by the city to recover the increased costs.
(2) For the purpose of determining the proper sewer charge for each customer, the following shall be considered.
(a) For the use of the city sanitary sewage system, each customer shall pay a charge which shall be computed and based upon that customer’s contribution of sewage to such system.
(b) The contribution of sewage from a commercial use shall be considered equal to the amount of water consumed as shown by the current water billing, plus any water used from other than the municipal water system as estimated or determined as provided by this section.
(c) Commercial customers without municipal water service or using additional water from other than municipal water service shall be charged based on the amount of contribution to the sewer system. This shall be determined by a sewage flow meter or a water meter on the private well. The sewage flow meter or water meter shall be installed and maintained by the customer.
(d) Commercial customers without water meters or sewage flow meters shall be billed as follows: Car washes; grocery stores; radiator shops; restaurants; manufacturing plants; and bars shall be charged the average of all commercial customers. Other commercial accounts without water meters and sewage flow meters shall be charged the average residential rate.
(e) A commercial customer who, because of extensive lawn watering or loss of water in the establishment due to evaporation or use in the product and desiring separate water and sewer usage quantities shall, at the customer’s expense, install and maintain a sewage flow meter or separate water meters.
(f) Property owners will be required to install and maintain all service lines from the main to the building.
(g) In the case of a commercial customer and a residential customer occupying a single building and using the same water meter, the sewer charge shall be based on the commercial customer rate.
(h) The service charge for all customers shall be based on the number of water meters in each establishment.
(i) There shall be a charge to dispose septic tank or portable toilet waste at the wastewater treatment facility at a per gallon rate as set by resolution.
(Prior Code, § 51.178)
(A) (1) All charges for sewer service furnished by the city shall become due when billed and shall be delinquent on the twenty-first day after each payment becomes due. Statements for sewer service by the city shall be delivered to the consumer or owner of the premises by leaving at the premises or by mailing to the owners of the premises or the consumers, and the city shall retain all billing records.
(2) Such statement shall designate the reading of the water meter, and the previous reading thereof, from which shall be computed the number of gallons discharged and the amount due for sewer charges against the premises.
(3) A penalty of 10% of the amount due shall be added to each statement, but if the same is paid on or before the twentieth day after the account becomes due, such penalty shall not be collected.
(B) (1) Whenever practicable, all charges owing hereunder shall be billed in the same manner and at the same time as water customer under Ch. 52 of this code. Failure to receive a statement of the amount due shall not excuse the owner of the premises or the consumer from the liability to pay for all sewer charges or for the penalty for failure to pay before the same becomes delinquent.
(2) It shall be the duty of the Public Works Department to be open each business day for the purpose of receiving payment of water and sewer accounts.
(3) It shall also be the duty of the Public Works Department to keep an accurate record of all monies received, entering the same to the credit of the proper department for which it is received. All monies received shall be deposited with the Public Works Department shall report to the City Council the monies received during the preceding month.
(C) Sewer charges made by this subchapter shall be rendered as for water service of the city and all charges levied by this subchapter which are not paid at or before water service charges of the city are required to be paid shall be deemed delinquent and the water service of such customer may be discontinued.
(Prior Code, § 51.179) (Ord. 98-18, passed 6-1-1998; Ord. 03-39, passed 11-17-2003)
All charges prescribed by this subchapter shall be a lien upon the premises and real estate for which the sewer service is supplied and used and if not paid when due such charge shall be certified to the Finance Director and may be recovered by the city in an action at law and such delinquent charges may be certified to the County Clerk and assessed against the real estate and premises served and be collected and returned in the same manner as other city taxes are certified, collected and returned.
(Prior Code, § 51.180) (Ord. 3059, passed 10-7-1985; Ord. 03-39, passed 11-17-2003)
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