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§ 53.095 COMPLIANCE; INSPECTIONS; INJURY LIABILITY.
   (A)   Inspections generally. The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing system in accordance with the provisions of this chapter. The Superintendent or his or her representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(Prior Code, § 3-249)
   (B)   Injury liability. While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the municipal employees, and the municipality shall indemnify the company against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 53.058.
(Prior Code, § 3-250)
   (C)   Easements. The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Prior Code, § 3-251)
§ 53.096 NOTICE AND LIABILITY.
   (A)   Any person found to be violating any provision of this chapter except § 53.006 shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
   (B)   Any person violating any of the provisions of this chapter shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation.
(Prior Code, § 3-252) Penalty, see § 53.999
§ 53.097 MUNICIPAL POWERS.
   The municipality has the legal authority to enforce its system of user charges, industrial cost recovery charge and sewer use regulations on all existing or future users of the system whether located inside or outside the municipal limits.
(Prior Code, § 3-253)
RATES AND FEES
§ 53.110 CLASSIFICATION.
   (A)   For the purpose of this section, CONSUMER includes all users of the municipal sanitary sewerage system of the city, including all persons, firms or corporations whose premises are served thereby and all owners and tenants of real estate and buildings connected with said sanitary sewerage system or served thereby, and all users of said system who in any way use the same or discharge sanitary sewage, industrial wastewater or other liquid, either directly or indirectly, into the sanitary sewerage system of the city.
   (B)   Consumers shall be classified as single-family residential, multiple-family residential, commercial and industrial.
   (C)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COMMERCIAL CONSUMERS. All business establishments whose primary purpose is to provide a service to consumers. COMMERCIAL CONSUMERS does not include industrial consumers as further defined in this section.
      INDUSTRIAL CONSUMERS. All business establishments whose primary purpose is the manufacturing, processing, packaging or assembling of a product for resale, distribution or custom ordering.
      MULTIPLE-FAMILY RESIDENTIAL CONSUMERS. Multiple dwellings or apartment buildings where the primary purpose of the facility is to provide residential quarters for more than one family.
      SINGLE-FAMILY RESIDENTIAL CONSUMERS. One-family dwellings, including mobile and modular houses where the primary purpose of the facility is for residential purposes. SINGLE-FAMILY RESIDENTIAL CONSUMERS shall include funeral homes and churches.
(Prior Code, § 3-206)
Statutory reference:
   Similar provisions, see Neb. RS 17-925.02
§ 53.111 SEWER FUNDS.
   The rates charged to sanitary sewerage system consumer shall be collected and divided into three categories and maintained in three funds.
   (A)   Category “A” shall be funds collected and maintained for debt service, administration and other miscellaneous overhead costs and shall be known as the Sewer Administration Fund.
   (B)   (1)   Category “B” shall be funds collected and maintained for operation and maintenance of the wastewater treatment facilities and shall be known as the Sewer Operation and Maintenance Fund.
      (2)   The Sewer Operation and Maintenance Fund fiscal year-end balance shall be carried over to meet the overall operation and maintenance costs for the subsequent year.
   (C)   (1)   Category “C” shall be funds collected and maintained for replacement needs of the wastewater treatment facility and shall be known as the Sewer Replacement Fund. Replacement includes all expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works are designed and constructed. The Replacement Fund shall provide adequate revenues to meet the replacement needs of the treatment works over its service life and shall be used for no other purpose.
      (2)   Fiscal year-end balances in the Replacement Fund shall be carried over to the same Fund in the subsequent fiscal year.
   (D)   (1)   The sewer O&M portion and sewer replacement portion of the sewer use fees shall be deposited in non-lapsing funds and the revenues, so deposited will be used only for the purposes of defraying the OM&R costs of the treatment works. Funds transferred from other revenue sources to meet temporary shortages in the OM&R funds shall be refunded following an appropriate adjustment in the user charge for OM&R.
      (2)   The rates and charges for the operation maintenance and replacement shall be reviewed annually for adequacy and proportionality among users and user classes and adjusted, if necessary.
      (3)   Excess revenues collected from a class of users will be applied in adjusting the rates for that class for the next year.
(Prior Code, § 3-207)
Statutory reference:
   Similar provisions, see Neb. RS 17-925.01
§ 53.112 SEWER RATES.
   The usage amount charged to consumers of the sewer system of the city shall be determined by the monthly average amount of water usage for said consumer based upon the months of January, February, and March of each year, as determined by readings of the water service meters. Said average usage amount shall be effective in the month of June of each year and shall remain in effect for a period of 12 months.
   (A)   Rate charge. The rate charge is $20 per month, plus $4.33 for each thousand gallons, or fraction thereof of water used; or plus $3.25 for each 100 cubic feet, or fraction thereof, of water used.
   (B)   Customer determination. Each dwelling unit of a multiple-family residential consumer shall be considered a separate consumer and the rate for sanitary sewer service shall be determined in the same manner as a single-family residential consumer.
(Prior Code, § 3-208) (Ord. 618, passed 3-2-1993; Ord. 681, passed 11-1-1994; Ord. 684, passed 12-6-1994; Ord. 692, passed 7-11-1995; Ord. 788, passed 9-7-1999; Ord. 831, passed 12-10-2003; Ord. 852, passed 3-14-2006; Ord. 901, passed 4-9-2013; Ord. 930, passed 6-13-2017; Ord. 957, passed 10-12-2021; Ord. 974, passed 10-10-2023; Ord. 981, passed 6-11-2024)
Statutory reference:
   Similar provisions, see Neb. RS 17-925.02
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