CHAPTER 52: WATER
Section
General Provisions
   52.001   Definitions
   52.002   Operation and funding
   52.003   Fluoride in water system prohibited
Service
   52.015   Application for service
   52.016   Water contract
   52.017   Installation expense
   52.018   Repairs and maintenance
   52.019   Restrictions on use; unlawful to divert
Connections
   52.030   Hook-up to system mandatory
   52.031   Access for inspection
   52.032   Backflow prevention device required
   52.033   Unsafe connection to system
Wellhead Protection
   52.045   Purpose
   52.046   Definition
   52.047   Minimum distances from well
   52.048   Exception to distance limits; conditions
   52.049   Existing wells
   52.050   Water conservation, drought, emergency, and shortage contingency plan
Fees and Rates
   52.060   Rates and collection
   52.061   Minimum rates
Unlawful Acts
   52.075   Fire hydrants
   52.076   Pollution
   52.077   Destruction of property
 
   52.999   Penalty
GENERAL PROVISIONS
§ 52.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MAIN. Any pipe, other than a supply or service pipe, that is used for the purpose of carrying water to, and dispersing the same in, the city.
   SEPARATE PREMISE. More than one consumer procuring water from the same service or supply pipe. The second premise may be a separate dwelling, apartment, building, or structure used for a separate business.
   SERVICE PIPE. Any pipe extending from the shut-off, stop box, or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premise where the water is to be dispersed.
   SUPPLY PIPE. Any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer's premise where the shut-off, stop box, or curb cock is located.
(Prior Code, § 3-102) (Ord. 800, passed 10-18-2005)
§ 52.002 OPERATION AND FUNDING.
   The city owns and operates the City Water Department through the City Services Director, who is responsible directly to the City Administrator. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the City Water Department may each year levy a tax not exceeding the maximum limit prescribed by state law, on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the tax shall be known as the Water Fund and shall remain in the custody of the City Treasurer. The City Administrator shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the City Council. The City Council shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the City Clerk for public inspection at any reasonable time.
(Neb. RS 17-531, 17-534, 19-1305) (Prior Code, § 3-101) (Ord. 776, passed 8-20-2002; Ord. 800, passed 10-18-2005)
§ 52.003 FLUORIDE IN WATER SYSTEM PROHIBITED.
   Fluoride shall not be added to the water system of the city.
(Ord. 840, passed 1-6-2009)
SERVICE
§ 52.015 APPLICATION FOR SERVICE.
   Every person or persons desiring a supply of water must make application therefor to the City Administrator. The City Administrator may require any applicant to make a service deposit in the amount as he or she deems necessary subject to the review of the City Council. Water may not be supplied to any house or private service pipe except upon the order of the City Administrator. The Department shall not supply to any person outside the corporate limits water service without special permission from the City Council; provided, the entire cost of laying mains, service pipe, and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the city to provide water service to nonresidents.
(Neb. RS 17-537, 19-2701) (Prior Code, § 3-103) (Ord. 800, passed 10-18-2005)
§ 52.016 WATER CONTRACT.
   (A)   The city, through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid. The city may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a city commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the city, as and when, according to law, the City Council may see fit to do so. The rules, regulations, and water rates hereinafter named in this chapter shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to the consumer shall constitute a contract between the consumer and the city, to which contract both parties are bound. If the consumer shall violate any of the provisions of the contract or any reasonable rules and regulations that the City Council may hereafter adopt, the City Administrator, or his or her agent, may cut off or disconnect the water service from the building or premise or place of the violation. No further connection for water service to the building, premise, or place shall again be made except by order of the Administrator or his or her agent.
(Prior Code, § 3-104)
   (B)   Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premise where service is furnished, or if the premise is destroyed by fire or other casualty, he or she shall at once inform the City Services Director who shall cause the water service to be shut off at the premise. If the consumer should fail to give notice, he or she shall be charged for all water used on the premise until the City Services Director is otherwise advised of the circumstances.
(Neb. RS 17-537)
(Prior Code, § 3-114) (Ord. 776, passed 8-20-2002; Ord. 800, passed 10-18-2005)
§ 52.017 INSTALLATION EXPENSE.
   The expense of providing water service or replacement of water service from the main to the lot line shall be paid by the consumer and installed by the city. The consumer shall then also pay the cost of installation and pipe from the lot line to the place of dispersement. In the event the consumer receiving new water service is a commercial class customer, the city shall also supply and install the required water meter. The consumer shall be required to pay the expense of furnishing and installing pipe, trenching, and the necessary labor to bring water service from the lot line to the place of dispersement.
(Neb. RS 17-542) (Prior Code, § 3-105) (Ord. 776, passed 8-20-2002; Ord. 800, passed 10-18-2005)
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