The Municipality owns and operates the Municipal Water Department through the Utilities Superintendent, who shall report to the Standing Committee on Water and Sewer. The Governing Body, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal 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 said tax shall be known as the Water Fund and shall remain in the custody of the Municipal Treasurer. The Utilities Superintendent shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his office. The Water and Sewer Committee 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 Governing Body. The Governing Body shall set the rates to be charged for services rendered by resolution and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time. (Ref 17-531, 17-534, 19-1305 RS Neb)
The following definitions shall be applied throughout this Chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.
MAIN. The term "main" is hereby defined to be any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and disbursing the same in the Municipality.
SUPPLY PIPE. The term "supply pipe" is hereby defined to be 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.
SERVICE PIPE. The term "service pipe" is hereby defined to be 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 disbursed.
SEPARATE PREMISE. The term "separate premise" is hereby defined to be more than one (1) consumer procuring water from the same service or supply pipe. The second (2nd) premise may be a separate dwelling, apartment, building, or structure used for a separate business.
The Municipality 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 Municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a Municipal 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 Municipality, as and when, according to law, the Water and Sewer Committee may see fit to do so. The rules, regulations, and water rates hereinafter named in this Article, 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 said consumer shall constitute a contract between the consumer and the Municipality, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the Water and Sewer Committee may hereafter adopt, the Utilities Superintendent or his agent, may cut off or disconnect the water service from the building or premise or place of such violation. No further connection for water service to said building, premise, or place shall again be made save or except by order of said Superintendent or his agent.
The expense of providing water service to the lot line shall be paid by the Municipality. The consumer shall then pay the cost of installation from the lot line to the place of disbursement, including the cost of the curb stop. The cost of installation of the meter shall be paid by the Municipality after the consumer shall have paid to the Municipality any required deposit and hook-up fee of two hundred fifty dollars ($250.00). Provided, the base cost of all meters shall be that cost of a meter measuring the flow of water through a service pipe no larger than five-eighths (5/8) of an inch in diameter. Should the consumer desire a meter to measure the flow of water through a pipe larger than five-eighths (5/8) of an inch, the cost of that meter in excess of the cost of the base size meter shall be paid to the Municipality by the consumer. All meters shall be of the remote reading type, so placed as to provide the meter reader ready access to the remote dial. The consumer shall be required to pay the expense of procuring the services of a bonded plumber and shall pay the expense of furnishing and installing pipe, trenching, and the necessary labor to bring water service from said lot line to the place of disbursement. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 413, 12/21/76; 628, 3/1/94)
The customer at his own expense shall replace and keep in repair all service pipe from the curb stop to the place of disbursement; provided, nothing herein shall be construed to prevent the Municipality from doing some or all of the maintenance and charging the consumer for the costs incurred. When leaks occur in service pipes, the Utilities Superintendent shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the Utilities Superintendent. All water meters shall be kept in repair by the Municipality at the expense of the Municipality. When meters are worn out, they shall be replaced and reset by the Municipality at the expense of the Municipality; provided, that if the customer permits or allows a water meter to be damaged, injured, or destroyed through his own recklessness, carelessness, or neglect so that the meter must be repaired or replaced, the Utilities Superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer. All meters shall be tested at the customer's request at the expense of the customer any reasonable number of times; provided, that if the test shows the water meter to be running two percent (2%) or more fast, the expense of such test shall be borne by the Municipality. The Municipality reserves the right to test any water service meter at any time, and if said meter is found to be beyond repair the Municipality shall always have the right to place a new meter on the customer's water service fixtures at Municipal expense. Should a consumer's meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the quarterly consumption during the same quarter of the preceding year; provided, that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the Utilities Superintendent. It shall be unlawful for any person to tamper with any water meter, or by any means or device to divert water from the service pipe so that the same shall not pass through said meter, or while passing through said meter, to cause the same to register inaccurately. (Ord. No. 362, 7/16/64)
All water consumers shall be liable for the minimum rate provided by resolution unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the water at the stop box, in which case he shall not be liable thereafter for water rental until the water is turned on again; provided, however, that the consumer shall be charged a twenty dollar ($20.00) reconnect fee each time the water is turned on and service is restored during business hours at the stop box after the original installation of the hook-up; but the reconnect fee charged shall be forty dollars ($40.00) if the reconnection occurs outside of business hours (prior to 8:00 a.m. or after 5:00 p.m. during the work week, or anytime during the weekend).
All new water service consumers of the City to whom water is supplied, whether tenants, occupants, or owners of the premises shall deposit with the Clerk at the Municipal Office, a water service deposit as hereinafter provided.
The amount of water service deposit shall be fixed from time to time by resolution of the Council, passed and approved by a majority of the members elected thereto, and the Council shall have authority to create classes of water users, and to prescribe different amounts of water service deposits for different classes; provided, however, that the amount of such deposit shall be uniform as to all users within each class; and provided further that a change in the amount of water service deposit shall not have retroactive effect, and shall not be construed to require additional deposits from water service consumers who have previously made water service deposits, and shall not be construed as requiring a refund to water service customers who may have previously deposited a larger deposit.
All such water deposit funds shall be retained by the City as a guarantee of payment of water charges and service fees incurred by the depositor, and no interest shall be paid to the depositor during the time such sum is retained by the City.
The water service deposit shall be returned to the applicant, less water service charges, water rents, connect and disconnect fees, and other arrearages to the City when the service is no longer desired by the depositor.
In the event the consumer pays such charges, when due, without default, for a period of three (3) years, such water deposit shall be refunded to such customer. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 407, 9/7/76; 409, 10/19/76; 467, 11/20/79; 966, 4/4/23)
For the use of the Municipal Water System, each user shall pay a monthly service fee plus a usage charge as follows:
(A) RESIDENTIAL AND COMMERCIAL USERS:
Effective October 1, 2023, a monthly service fee will be charged based on the size of the water meter plus a per gallon charge for water usage as follows:
3/4" Service $29.00
3/4" Service Rural 42.25
1" Service 38.25
1" Service Rural 57.25
1½" Service 48.00
2" Service 55.25
3" Service 79.25
4" Service 110.50
The charge for usage of water per each 1,000 gallons of water used or fraction thereof, will be computed at $2.70.
(B) NON-RESIDENT USERS: All users outside the corporate limits shall pay a service charge equal to one and one-half (1-1/2) times the service charges set forth above and a water usage rate equal to one and one-half (1-1/2) times the charge for usage of water set forth above. (Ord. No. 488, 2/8/83) (Amended by Ord. Nos. 490, 3/8/83; 534, 8/5/86; 625, 2/1/94; 644, 3/7/95; 701, 12/4/00; 816, 11/4/08; 854, 11/1/11; 889, 1/6/15; 927, 5/1/18; 948, 6/2/20; 968, 6/6/23)
Water bills shall be due and payable monthly at the office of the Municipal Clerk. The Utilities Superintendent shall read or cause to be read water meters monthly. It shall be the duty of the customers of the Water Department to pay their bills monthly in net cash at the office of the Municipal Clerk. The Utilities Superintendent shall direct the Municipal Clerk to charge and collect from each customer for the amount of water consumed since the last examination together with any other charges, properly itemized, due the Water Department. Bills shall be due upon receipt and if not paid by the 24th day of the month shall be charged a late payment of twenty dollars ($20.00) and shall be deemed to be delinquent and subject to disconnection. Upon being deemed to be delinquent, as herein defined, the Municipal Clerk shall give a written notice to the customer of such delinquency and shall demand payment in accordance with the procedures set forth in § 3-117 of this Code. The Utilities Superintendent shall assess an additional fee set by resolution of the Governing Body and on file at the office of the Municipal Clerk in the event that water is shut off for the nonpayment of any water bill, to compensate the Municipality for the additional hook-up necessary to again provide water service to the delinquent customer. (Ref. 17-542, 18-416 RS Neb.) (Amended by Ord. Nos. 646, 3/7/95; 657, 2/6/96; 966, 4/4/23)
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