A. 
The municipality owns and operates the Municipal Water/Wastewater Department through the Water/Wastewater Director. The governing body, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal Water/Wastewater 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 Treasurer.
B. 
The Water/Wastewater Director shall have the direct management and control of the Municipal Water/Wastewater Department and shall faithfully carry out the duties of his office. The Water/Wastewater Director shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water/Wastewater Department, subject to the supervision and review of the governing body.
C. 
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 for public inspection at any reasonable time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-6-1979 by Ord. No. 1200; 12-15-1981 by Ord. No. 45-81]
The following definitions shall be applied throughout this chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.
CONSUMER or USER
A. 
All users of the municipal water system and the owners and tenants of real estate and buildings connected with such water system.
B. 
Users shall be classified as either "residential users," "commercial users" or "rural users."
(1) 
RESIDENTIAL USERThe owner or tenant of a dwelling used exclusively for residential purposes and which is connected to said water system and having a separate water meter; provided that any property located in a Residential Zone of the City which conducts a small business inside the home and which is in conformity with the zoning ordinances of the City[1] shall be considered "residential" for the purpose of water classification; and provided, further, that all churches, St. John's Elementary School, Seward Public Schools, including the Senior High, Junior High and Elementary School installation, shall be considered residential users of the water system.
(2) 
COMMERCIAL USER or RURAL USERall other users of the municipal water system are hereby defined to be commercial users, other than those living outside the city limits, who shall be defined as rural users.
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.
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
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 premises where the shut-off, stop box, or curb cock is located.
[1]
Editor's Note: See Ch. 410, Zoning and Subdivision.
[Amended 2-15-1983 by Ord. No. 6-83]
A. 
Every person or persons desiring water service must make application therefor at the Utility Office located in City Hall. The application must state truly and fully all uses to which said water service is to be applied and no additional use will be allowed.
B. 
For new consumers, blanks will be furnished for that purpose by the Utility Office. All landlords shall make an application with the City to receive water service for their rental properties. This application shall be signed one time only and shall place the responsibility for payment of all usage on the landlord when any of his rental properties are not rented. It shall be the duty of the landlord to notify the Utility Office of any changes of water usage by tenants on his properties. If the landlord wishes to assume the responsibility for payment of water service on any of his rented or leased properties when they are rented, he must so notify the Utility Office in writing upon blanks furnished for that purpose. Upon receiving such notification, all bills will be mailed directly to the landlord and he will be held responsible for their payment. Otherwise, all requirements for service deposits must be met.
C. 
Applications for water service are not transferable. Any person wishing to change from one location to another shall make a new application. If any consumer shall sell, dispose, or remove from the premises where service is furnished in his name, or if the premises are destroyed by fire or other casualty, he shall at once inform the Utility Office, which shall cause the water service to be shut off from the premises. If the consumer should fail to give such notice, he shall be charged for all water used on the premises until the Utility Office is otherwise advised of such circumstances.
D. 
The municipality, through its Water/Wastewater Department, shall furnish water services to persons whose premises abut a street or alley in which a commercial main is now or may hereafter be laid. The municipality may also furnish water services to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the Council may see fit to do so. The rules, regulations, and rates for water service, 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 served by the Water/Wastewater Department. Without further formality, the making of application on the part of any applicant or the use or consumption of water by present consumers and the furnishing of water service to said applicant or consumer shall constitute a contract between the applicant and the municipality, to which both parties are bound. If a consumer should violate any of the provisions of said contract or any reasonable rules and regulations that the Council may hereafter adopt, the Utility Office shall cause the service to be disconnected from the building or place of such violation and no further connection of water service for such building or place shall again be made except by order of the Utility Office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original §§ 3-104, Consumer's Ledger; Separate Accounts Kept in, and 3-105, Water Service Accounts Not Transferable, of the 1976 Code, which immediately followed this section, were repealed 2-15-1983 by Ord. No. 6-83.
[Amended 10-19-1982 by Ord. No. 30-82[1]]
Every person hereinafter desiring a supply of water from the Water/Wastewater Department of the City must make application therefor at the City Building Inspection Department. The City shall require payment of tap fees in advance from applicants for water service. The Council shall, by resolution, classify and fix tap fees to be charged for water connection. The applicant shall be furnished a receipt upon payment of tap fees. All applications shall be made upon blanks to be supplied by the City for that purpose. Tap fees shall be credited to the Water Fund.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-1-1979 by Ord. No. 1161; 2-19-2013 by Ord. No. 3-13]
A. 
The City, by its Water/Wastewater Director or his agent, will, for the tap fees charged as aforesaid, tap the commercial main to which applicant's service pipe will be jointed and will furnish the ferrules or clamps and corporation cocks and put the same in the commercial main. The applicant, at his own expense, shall employ a licensed plumber or drainlayer, who shall perform all excavation, including exposing the main, build and keep in repair and replace water service from the main, in and upon his own premises, and shall restore the same when ordered out of service by the Water/Wastewater Director. Further, the City will make repair to services known at the effective date of this section to be in need of repair between the main and up to and including the curb stop.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An applicant may request deduct meters from a master meter on a case-by-case basis where it is the opinion of the Water/Wastewater Director and City Clerk-Treasurer that it is in the best interest of the City. The City will maintain up to and including: 1) the curb stop of the master meter, 2) the master meter and 3) the deduct meters. All plumbing in a master/deduct configuration must meet the City plumbing code and specifications.[2] Each new deduct meter will have a fee set to cover the cost of the materials, including the meter and any required City labor. Each new deduct meter must be installed by a licensed plumber. The master meter owner may not shut off water to deduct meters except for maintenance or repairs, which must be done as expediently as possible. If any water on the master meter is discharged to the sewer system, then the master meter will be billed for water and sewer rates for its size and class. The owner of the master meter must maintain all plumbing in good repair and keep accurate records of layout of all pipes and fixtures. All deduct meters must be accessible and installed in a location to prevent freezing. All piping and fixtures must be protected from freezing. The master and deduct meter accounts will be set up similar to other accounts for billing purposes, except the usage calculated from the master meter will be subtracted from the deduct meter's usage from actual master reading over the same time period.
[2]
Editor's Note: See Ch. 225, Art. VIII, Plumbing Code.
No person except the Water/Wastewater Director or a plumber will be permitted under any circumstances to tap the mains or distribution pipes or insert stop boxes or ferrules therein. All taps shall be made between 8:00 a.m. and 5:00 p.m. of the day, and pipes must be in all cases tapped on top, and not in any case nearer than 10 inches to either end of the pipe, nor nearer than 10 inches to any other tap.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All connections and work done for consumers of, or applicants for water service from the Waterworks of this City shall be done by licensed plumbers and drain layers as provided in this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any master or journeyman plumber to do any work upon any of the pipes or appurtenances of the Water/Wastewater Department, or to make any connection with, or extension of, the supply pipes of any consumer taking water from the City until such master or journeyman plumber shall have first procured a license and permit.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 225, Art. VIII, Plumbing Code.
All plumbing shall be skillfully done, and in a manner required by the Water/Wastewater Director, and shall be subject to his inspection and approval. The quality and pattern of all appurtenances shall in like manner be subject to his approval; and no work shall be covered until examined by him.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-1-1979 by Ord. No. 1162; 6-20-2000 by Ord. No. 28-00]
A. 
All service pipes hereafter installed from the point of union with the commercial main to the stop box of the consumer shall be of one inch in diameter unless a larger tap is applied for, necessary or required, and of such strength and quality as prescribed by the Water/Wastewater Director; provided that if pipe of a larger diameter is necessarily installed, the tap fee provided in this article shall be increased to cover the service pipe of larger diameter furnished by the City. The City will hereafter replace and keep in repair all service pipe from the commercial main to and including the stop box. The consumer, at his or her own expense, will replace and keep in repair all service pipe from the stop box to, in, or upon his or her premises. When leaks occur in the service and supply piping of the consumer between the stop box and meter, the Water/Wastewater Director shall shut off the water service of the consumer until the leak is repaired at the expense of the consumer to the satisfaction of the Water/Wastewater Director. There shall be a stop box and a stop and waste box installed in connection with each water service. If any water service shall have no stop box installed in connection therewith, the Water/Wastewater Director shall forthwith cause it to be installed. Stop boxes hereafter installed shall be placed uniformly at right angles with the commercial main and seven feet outside the property line in the street running parallel with the commercial main on the same side of the street to the property line it is to serve. All stop boxes shall be uniformly placed five feet under ground.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
There shall be a stop and waste box attached to every supply pipe at a point in the building so as to admit water being shut off in frosty weather and pipes being emptied.
C. 
All service pipe must be laid to prevent rupture by freezing.
In making excavations in the streets or highways for the laying of service pipe or making repairs, the planks, paving stones, pavement, and earth removed must be deposited in a manner that will occasion the least inconvenience to the public and provide for a passage of water along the gutters. Excavations in the streets shall be made only in accordance with the provisions of this Code relating thereto. No person shall make any excavation on any street or highway within 10 feet of any laid water pipe while ground is frozen, or dig up or uncover so as to expose to the frost any pipe or sewer of the City except under direction of the Water/Wastewater Director.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After service pipes are laid, in refilling the opening the earth must be laid in layers of not more than nine inches in depth, with each layer thoroughly tamped and settled with water. The streets, sidewalks, and pavements must be restored to as good a condition as previous to making the excavation, and all dirt, stones and rubbish must be removed immediately after completing the work. Should any excavation in any street, alley, or highway be left open or unfinished for the space of 24 hours, or should the work be improperly done or the rubbish not removed, the Water/Wastewater Director shall have the right to finish or correct the work, and the expense incurred shall be charged to the plumber or to the drainlayer and shall be paid by him before the water is turned on. No opening of the streets for the tapping of mains will be permitted when the ground is frozen except by permission of the Water/Wastewater Director.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall leave an excavation made in the street or highways open at any time without barricades, and during the night warning lights must be maintained at such excavation.
A. 
All house boilers shall be constructed with one or more air holes near the top of the inlet pipe, and sufficiently strong to bear the pressure of the atmosphere under the vacuum. The stop box and other appurtenances must be sufficiently strong to bear pressure and run off the water in the mains. All persons taking the water shall keep their own service pipes, stop boxes and apparatus in good repair and protect them from frost or freezing at their risk and expense and shall prevent all unnecessary waste of water; and it is hereby expressly stipulated by the Council and Water/Wastewater Director that no claim shall be made against them or either of them by reason of breaking of any service box or, if from any cause the supply of water should fail, damage arising from shutting off water to repair mains, making connections or extensions, or for any other purpose that may be deemed necessary, and the right is hereby reserved to cut off the supply of water at any time, any permit to the contrary notwithstanding.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No reduction in rates will be made for the time any service pipe may be frozen or out of use from any cause.
[Amended 11-15-1977 by Ord. No. 1104; 12-15-1981 by Ord. No. 46-81; 8-3-1999 by Ord. No. 27-99[1]]
A. 
All water service hereafter connected with the water plant and system of the City shall have placed thereon a water meter, set in place by the City. All such water meters shall remain the property of the City. No person other than the Water/Wastewater Director, his assistants, or a plumber under the direction of the Water/Wastewater Director shall be allowed to set meters. All meters so set and installed will be kept in repair at the expense of the City unless the damage done was caused by the negligence or willful conduct or act of the consumer; provided that when water meters get out of repair on account of the consumer's negligence or willful conduct, the Water/Wastewater Director shall repair or replace said meter and the total expense thereof shall be paid for by the consumer. When such meters are entirely worn out, they will be replaced by the City. Hereafter, all meters shall be sealed in three places: once on the burr connections, on each side, and on the cover of the registering dial; and no person shall deface, injure or break said seal unless authorized to do so by the Water/Wastewater Director. All water meters will be tested for accuracy on a regular basis and changed or calibrated as required. In addition, at a consumer's request, a field test of meter accuracy may be accomplished by the Water/Wastewater Director. If, after the accomplishment of a field test indicating accuracy of a consumer's meter, said consumer is not satisfied with the field results, the consumer may pay a deposit to the City in an amount set from time to time by the City Council and request that a meter test be performed by an outside meter testing facility. If the test results indicate accuracy within published American Water Works Association (AWWA) standards, the deposit will be forfeited by the consumer to defray the expenses of testing. If the test indicates inaccuracy according to AWWA standards, the deposit will be returned to the consumer and adjustments will be made to the last billing, if deemed necessary by the Water/Wastewater Director.
B. 
The Water/Wastewater Director shall have the right to order a meter applied to any service pipe whenever he may deem it advisable, and collect meter rates for water. Meters shall be located on premises so they will be conveniently accessible for inspection and reading strictly in accordance with the provisions of this code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-15-1981 by Ord. No. 44-81; 8-3-1999 by Ord. No. 29-99[1]]
Water meters will be removed and service discontinued upon the request of the consumer at no cost. If the same consumer at some future time requests reinstallation of a meter to restore the same water service, a charge as set from time to time by the City Council, payable in advance, will apply. If a consumer requests a change in the meter size currently in place or previously in place, a deposit in an amount set from time to time by the City Council shall be paid by such consumer to defray the cost of installation by the City for both parts and labor. The balance of the deposit, if any, will be refunded to the consumer with an itemized statement of costs. Costs in addition to the deposit will be billed after installation. If the Water/Wastewater Director determines that extensive plumbing modification is required, the consumer shall hire, at his own additional expense, a licensed plumber to accomplish modifications prior to City installation of the meter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All meter pits, if meters are not set in basements, shall be constructed by an applicant or consumer at his own expense at such point near and inside the lot line as shall be agreed upon by the City and consumer and shall be of such design as sanctioned and approved by the Mayor and Council; provided that all meters shall be set in a horizontal position so that the same may be easily read by the Water/Wastewater Director, or his agents, whether set in a meter pit or in a basement. The Water/Wastewater Director, or his agent for reading meters, shall, whenever it is inconvenient to make readings of any meter now set or hereafter to be set in meter pits or in basements, be empowered to give the consumer 20 days' notice in writing to reset said meter in a horizontal position, and if the consumer refuses or neglects to do so, then the Water/Wastewater Director or his agent shall reset said meter horizontally and the cost thereof shall be charged to and paid by said consumer as water rent.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is hereby declared unlawful for any person, firm or corporation to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the same will not pass through said meter or while passing through said meter to cause the same to register inaccurately.
When a service pipe supplies two or more distinct premises or tenements, there shall be provided, subject to the control of the Water/Wastewater Director, a separate stop for each of such premises or tenements so the water supply may be shut off from one without interfering with the supply of the other.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Water will not be turned into any house or private service pipe except on order of the Water/Wastewater Director, or his duly authorized agent, and plumbers are prohibited from turning the water into service pipe except on permission of the Water/Wastewater Director or his duly authorized agent. This rule shall not be construed to prevent any plumber from admitting water to test the pipes, and for that purpose only.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All persons using water shall keep the fixtures using water closed except when obtaining water for use, and shall be responsible for any damage or injury that may result to others from the improper use of said water.
No consumer shall supply water to other families, or suffer them to take water off his premises, nor, after water is introduced into any building or upon any premises, shall any person make or employ any plumber or other person to make any tap or connection with the pipe upon premises for alteration, extension, or attachment without the permission of the Water/Wastewater Director.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No hydrant, except for public drinking fountains, shall be placed within the limits of any street, unless such hydrant is securely closed and protected against general use. No drinking fountain which has openings by which it can be used as a source of domestic supply shall be placed within the limits of any street for public use.
[Amended 4-3-2018 by Ord. No. 2018-10]
The Water/Wastewater Director, or his duly authorized agents, shall have free access, at any reasonable time, to all parts of each premises and building to or in which water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.
[Amended 9-2-1980 by Ord. No. 21-80; 5-16-1989 by Ord. No. 15-89; 4-17-1990 by Ord. No. 15-90; 9-5-1995 by Ord. No. 33-95; 8-17-1999 by Ord. No. 35-99; 4-19-2005 by Ord. No. 24-05; 5-18-2010 by Ord. No. 9-10]
A. 
All water service customers of the City to whom water is supplied, whether tenants, occupants or owners of premises, shall deposit at the City Utility Office a utility deposit in such amount as may be fixed from time to time by resolution of the Council. All such funds shall be retained by the City as a guarantee of payment of charges and service fees incurred by the depositor. For deposits over $500, interest will be payable for a one-year time period based on the average rate of interest earned by the City on investments over the immediate past 12 months preceding the return of the deposit. There will be no charge made for water activation services.
[Amended 4-3-2018 by Ord. No. 2018-10]
B. 
Utility deposits are in the nature of trust funds and shall be refunded to consumers after two years of service and no delinquencies, audited and allowed by the City Clerk-Treasurer and ordered paid out the Electric Fund with proper deductions made for arrearages or delinquencies due the City, if any. Said utility deposit funds shall be refunded only to the original depositor, or his/her estate, and are not transferable unless approved by the City Clerk-Treasurer. The City shall have the authority to increase or decrease commercial utility deposits, based on the usage, if it is determined necessary by order of the City Clerk-Treasurer. If a commercial deposit is increased and the commercial consumer neglects or refuses to pay the increase within 30 days, service shall be discontinued by the procedure provided for in § 390-1.27 of this article.
C. 
All utility deposits heretofore or hereafter deposited with the City that are not demanded by the depositor within four years after the discontinuance of such water service shall be deemed forfeited and shall be transferred to the Water Fund of the City.
[Amended 1-20-1976 by Ord. No. 1040; 11-15-1977 by Ord. No. 1100; 2-19-1980 by Ord. No. 4-80; 9-23-1980 by Ord. No. 26-80; 12-15-1981 by Ord. No. 43-81; 12-7-1982 by Ord. No. 38-82; 12-6-1983 by Ord. No. 31-83; 3-5-1985 by Ord. No. 4-85; 3-1-1988 by Ord. No. 2-88; 5-6-2003 by Ord. No. 18-03; 8-21-2007 by Ord. No. 24-07; 6-3-2008 by Ord. No. 10-08; 5-18-2010 by Ord. No. 8-10; 4-19-2011 by Ord. No. 5-11; 5-6-2014 by Ord. No. 2014-12; 10-6-2015 by Ord. No. 2015-15; 9-19-2017 by Ord. No. 2017-20; 4-3-2018 by Ord. No. 2018-10; 12-18-2018 by Ord. No. 2018-24; 5-21-2019 by Ord. No. 2019-16;10-1-2024 by Ord. No. 2024-18; 11-5-2024 by Ord. No. 2024-21; 10-7-2025 by Ord. No. 2025-28]
A. 
A tariff of monthly water rates will be charged for each meter installed in the water system of the City. The Water/Wastewater Director or his duly authorized agent may make a determination to forego the meter charge on irrigation systems when the meter is winterized and shut-off, if it is in the best interest of the City to do so. The following rates are hereby established:
Urban General Service Rates
Rates Effective with October 2025 Billing
Meter Size
(inches)
Customer Charge
Rate per Cubic Foot
1 or less
$14.71
First 1,200 CF, $0.0402 per CF
Over 1,200 CF, $0.0479 per CF
1.5
$33.09
First 1,800 CF, $0.0402 per CF
Over 1,800 CF, $0.0479 per CF
2
$58.81
First 2,400 CF, $0.0402 per CF
Over 2,400 CF, $0.0479 per CF
3
$132.33
First 3,600 CF, $0.0402 per CF
Over 3,600 CF, $0.0479 per CF
4
$235.26
First 4,800 CF, $0.0402 per CF
Over 4,800 CF, $0.0479 per CF
6
$529.35
First 7,200 CF, $0.0402 per CF
Over 7,200 CF, $0.0479 per CF
8
$941.06
First 9,600 CF, $0.0402 per CF
Over 9,600 CF, $0.0479 per CF
Rural General Service Rates
Rates Effective with October 2025 Billing
Meter Size
(inches)
Customer Charge
Rate per Cubic Foot
1 or less
$19.25
First 1,200 CF, $0.0572 per CF
Over 1,200 CF, $0.0701 per CF
1.5
$40.04
First 1,800 CF, $0.0572 per CF
Over 1,800 CF, $0.0701 per CF
2
$69.14
First 2,400 CF, $0.0572 per CF
Over 2,400 CF, $0.0701 per CF
3
$152.29
First 3,600 CF, $0.0572 per CF
Over 3,600 CF, $0.0701 per CF
4
$268.69
First 4,800 CF, $0.0572 per CF
Over 4,800 CF, $0.0701 per CF
6
$601.27
First 7,200 CF, $0.0572 per CF
Over 7,200 CF, $0.0701 per CF
8
$1,066.88
First 9,600 CF, $0.0572 per CF
Over 9,600 CF, $0.0701 per CF
Urban Industrial Service Rates
Rates Effective with October 2025 Billing
(1)
The Urban Industrial Service Rate is available to customers within the City of Seward with an average monthly usage over 150,000 CF.
(2)
Customer charges will be based upon the Urban General Service Rate listed above.
(3)
Rate per cubic foot:
(a)
First 66,840 CF, $0.0476 per CF;
(b)
Second 66,840 CF, $0.0357 per CF;
(c)
Third 66,840 CF, $0.0278 per CF;
(d)
Fourth 66,840 CF, $0.0160 per CF; and
(e)
Fifth 66,840 CF and over, $0.0102 per CF.
[Amended 9-4-1979 by Ord. No. 1182; 3-20-1984 by Ord. No. 8-84; 3-5-1985 by Ord. No. 4-85; 8-17-1999 by Ord. No. 36-99; 10-5-1999 by Ord. No. 47-99; 8-17-2010 by Ord. No. 22-10]
A. 
The Water/Wastewater Director shall monthly examine and read, or have examined and read under his supervision, all meters of consumers of water service from the water system of the City. The employees of the Utility Office shall prepare and cause to be made bills for collection from each consumer for the amounts of water consumed since the last reading or examination of his meter or meters. The bills, so prepared, shall be mailed to the consumers on or about the first day of the next month. For recordkeeping purposes, bills shall be considered delinquent if they are received by the Utility Office after the close of business on the 15th day of the month.
[Amended 4-3-2018 by Ord. No. 2018-10]
B. 
If the consumer shall neglect or refuse to pay his bill on or before the delinquent date, the amount due will be increased by a late payment charge of 10%, not to exceed $50. Sales-tax-exempt consumers will be exempt from the late payment charge. In addition, discontinuance of service procedures will commence in accordance with Chapter 370, Utilities, § 370-1.1, of the Seward Municipal Code.
[Amended 12-20-1983 by Ord. No. 41-83; 12-16-1997 by Ord. No. 54-97; 8-17-1999 by Ord. No. 37-99; 4-3-2018 by Ord. No. 2018-10]
When the water has been turned off from any consumer, he shall not turn on or permit it to be turned on without the consent of the Water/Wastewater Department. If water service is turned back on by the Water/Wastewater Department during regular working hours of the Water/Wastewater Department employees, a charge as set from time to time by the City Council shall be paid by the consumer. If water service is turned back on and service resumed at any time other than regular hours of the Water/Wastewater Department employees, the consumer shall be charged with a labor charge as set from time to time by the City Council.
A. 
If said consumer shall be indebted to the City for water service furnished, such amount due under the terms of this article, together with charges in arrears, shall be deemed delinquent and a lien upon the premises or real estate for which or upon which the same was used or supplied. Upon the refusal of said consumer to pay said water charges, they shall be collected by being placed upon the assessment rolls and tax books for collection, like other taxes.
B. 
Any delinquent water rentals which remain unpaid for a period of three months after they become due may be, by resolution of the Council, assessed against said real estate as a special assessment, which such special assessments shall be certified by the Municipal Clerk to the County Clerk of Seward County, Nebraska. The County Clerk shall thereupon place the same on the tax rolls for collection, subject to the same penalties and to be collected in like manner as other City taxes.
[Amended 4-3-2018 by Ord. No. 2018-10]
The owner of rented premises will on all occasions be held primarily responsible and will be required to pay for water used at such premises, provided the City shall notify in writing nonoccupying owners of premises or their agents whenever their tenants or lessees are 60 days delinquent in the payment of water rent. Thereafter, if the owner of said real estate or his agent within the City shall notify the Council in writing to discontinue water service to said real estate or the occupant thereof, it shall be the duty of the officer in charge of the Water/Wastewater Department promptly to discontinue said service; and rentals for any water furnished to the occupant of said real estate in violation of said notice shall not be a lien thereon.
[Amended 8-3-1999 by Ord. No. 30-99; 10-18-2005 by Ord. No. 51-05; 4-3-2018 by Ord. No. 2018-10]
When for any reason a water meter is not registering accurately the volume of water passing through it, the consumer shall be charged, for the month or months in which the meter is inaccurate, a sum equal to the charge for the preceding year; provided that if no basis for such comparison exists, or in the opinion of the Water/Wastewater Director such basis is unfair, the consumer shall pay such reasonable sum for the water rent during such period as the Water/Wastewater Director shall fix. In no event shall either the City be able make a claim for underpayment by the consumer or the consumer be able to make a claim for overpayment to the City for any period of time dating back more than one year from the date of discovery of a meter out of repair or for any other reason causing a billing to the consumer to be inaccurate.
It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the Municipal Water/Wastewater Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above-mentioned property without the written permission of the Water/Wastewater Director.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All hydrants erected in the City for the purpose of extinguishing fire are hereby declared to be public hydrants, and no person or persons other than members of the Fire Department, and then only for the use and purposes of said Department, or person specially authorized by the City or said Water/Wastewater Director, and then only in the exercise of the authority delegated by the City or Director, shall open any of the hydrants or attempt to draw water from or in any manner interfere with the same. No person authorized to open hydrants shall delegate his authority to another or let out or suffer anyone to take the wrenches furnished him.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Extension of commercial mains into unsupplied territory within the corporate limits may be made by means of water extension districts, as provided by law, by resolution of the Mayor and Council; provided that if premises of any applicant do not abut a street where a commercial main is laid or hereafter laid, and if the creation of a water extension district is not feasible or practical, such applicant shall be supplied with service by connecting with the nearest commercial main and at his own expense bring the water service to his own premises from a point near the curbline on the street in which said commercial main to be tapped is now laid or hereafter laid.
Applicants for water service whose property is situated outside the corporate limits of the City shall pay tap and installation fees in such sums as the Mayor and Council shall in each case fix; provided, however, that nothing herein shall be construed to obligate the City to furnish water service to nonresidents unless it is able to do so without curtailing the demands of resident consumers or without overloading its pumps, machinery or other equipment.
[Amended 3-17-1981 by Ord. No. 7-81[1]]
During an alarm of fire, or during a fire, the use of water for all but domestic purposes shall cease upon notice from the Mayor, and shall not be resumed until notice or permission is given. In case of shortage or imminent shortage of water, the use of water may be limited and restricted. A plan of limiting and restricting water in case of shortage of water may be adopted by the Council by resolution, and upon notice from the Water/Wastewater Director that a shortage of water exists or is imminent, the Mayor shall implement and enforce such plan. Such plan shall not limit the Mayor from making further restrictions than those provided for in the plan, when the determination of, and by notice from the Water/Wastewater Director, the condition of shortage or emergency resulting therefrom requires further restrictions and limitation of the use of water.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 3-138 of the 1976 Code, Complaints, which immediately followed this section, was repealed 9-4-1979 by Ord. No. 1181. Original § 3-139 of the 1976 Code, Franchise Fee, was repealed 4-19-2005 by Ord. No. 27-05. See now Ch. 350, Art. II, Occupation Tax.
Any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).