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§ 53.002 OPERATION AND FUNDING.
   (A)   The municipality owns and operates the municipal sewer system through the Sewer Commissioner.
   (B)   The governing body, for the purpose of defraying the cost of the operation, maintenance and replacement (OM&R) of the municipal sewer system, may establish a user charge system based on actual use and revise the charges, if necessary, to accomplish the following:
      (1)   Maintain the proportional distribution of operation, maintenance and replacement (OM&R) costs among users and user classes;
      (2)   Generate adequate revenues to pay the costs of OM&R; and
      (3)   Apply excess revenues collected from a class of users to the costs of OM&R attributable to that class for the next year and adjust the rates accordingly.
   (C)   The revenue from said user charge system based on actual use shall be known as the Sewer Maintenance Fund. The Utilities Superintendent shall have the direct management and control of the Sewer Department and shall faithfully carry out the duties of his or her office. He or she shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Department subject to the supervision and review of the governing body.
(Prior Code, § 3-201)
Statutory reference:
   Similar provisions, see Neb. RS 17-149 and 17-925.01
§ 53.003 APPLICATION FOR PERMIT.
   Any person wishing to connect with the sewer system shall make an application therefor to the Utilities Superintendent. The Superintendent 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. Sewer service may not be supplied to any house or building except upon the order of the Superintendent. The Department shall not supply sewer service to any person outside the corporate limits without special permission from the governing body; provided, that the entire cost of pipe and other installation charges shall be paid by such consumers. Nothing herein shall be construed to obligate the municipality to provide sewer service to nonresidents.
(Prior Code, § 3-203)
Statutory reference:
   Similar provisions, see Neb. RS 17-149, 17-902 and 19-2701
§ 53.004 SEWER CONTRACT.
   (A)   The municipality through the Municipal Sewer Department shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a commercial main is now laid. Persons within its corporate limits whose premises do not abut a street or alley in which a commercial main is now laid may make an application therefor to the Utilities Superintendent who shall submit said application to the governing body for approval.
   (B)   Should the governing body grant said approval, the entire cost of pipe and other installation charges for said sewer main shall be paid by the person, or persons, to whom approval has been granted. The municipality may also furnish sewer service 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 sewer rental rates hereinafter named in this chapter shall be considered a part of every application hereafter made for sewer service and shall be considered a part of a contract between every customer now or hereafter served.
   (C)   Without further formality, the making of the application on the part of any applicant or the use of sewer service by present customers thereof shall constitute a contract between the customer and the municipality to which said contract both parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent, or his or her agent, may cut off or disconnect the sewer service from the building or premises of such violation. No further connection for sewer service to said building or premises shall again be made, save or except by order of the Superintendent or his or her agent.
(Prior Code, § 3-204) (Ord. 942, passed 2-27-2019) Penalty, see § 53.999
Statutory reference:
   Similar provisions, see Neb. RS 17-901 and 17-902
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