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§ 52.01 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 municipality.
   SEPARATE PREMISES. More than one consumer procuring water from the same service or supply pipe. The second premises 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 premises 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 premises where the shut-off, stop box or curb cock is located.
(Prior Code, § 3-102)
§ 52.02 OPERATING AND FUNDING.
   The municipality owns and operates the Municipal Water Department. 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 said tax shall be known as the Water Fund and shall remain in the custody of the Municipal Clerk-Treasurer. The governing body shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department. The governing body 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 Municipal Clerk-Treasurer for public inspection during office hours.
(Prior Code, § 3-101)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 17-531, 17-534 and 19-1305
§ 52.03 CONSUMER APPLICATION.
   Every person or persons desiring a supply of water must make application therefor to the Municipal Clerk-Treasurer, who may require any applicant to make a service deposit in such amount as has been set by the governing body and placed on file at the office of the Municipal Clerk-Treasurer. Water may not be supplied to any house or private service pipe except upon the order of the governing body.
(Prior Code, § 3-103)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 17-537
§ 52.04 SERVICE TO NONRESIDENTS.
   The Department shall not supply water service to any person outside the corporate limits without special permission from the governing body; provided, that 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 municipality to provide water service to nonresidents.
(Prior Code, § 3-104)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 19-2701
§ 52.05 WATER CONTRACT.
   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 is now 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 governing body 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 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 governing body may hereafter adopt, the governing body or its designated representative may cut off or disconnect the water service from the building or premises or place of such violation. No further connection for water service to said building, premises or place shall again be made except by order of the governing body or its designated representative.
(Prior Code, § 3-105)
§ 52.06 INSTALLATION.
   (A)   Procedure.
      (1)   In making excavations in streets, alleys or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights.
      (2)   After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley or sidewalk is left open or unfinished for a period of 24 hours or more, the governing body or its designated representative shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require an inspection by the governing body or its designated representative. The inspection shall be made when connections or repairs are completed and before the pipes are covered. It is the customer’s responsibility to notify the governing body or its designated representative at the time the work is ready for inspection.
      (3)   All installations shall be done strictly in accordance with the rules, regulations and specifications prescribed for such installation by the governing body.
(Prior Code, § 3-106)
   (B)   Expense.
      (1)   The expense of bringing water service from the main to the place of disbursement shall be paid by the consumer. The consumer shall pay the municipality a tap fee in the amount established by ordinance and on file in the office of the Municipal Clerk-Treasurer.
      (2)   The consumer shall be required to pay the expense of procuring the services of a plumber and shall pay the expense of furnishing and installing pipe, trenching and the necessary labor to bring water service from the main to the place of disbursement.
(Prior Code, § 3-107)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 17-537 and 17-542
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