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.
[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.
All users of the municipal water system and the owners and tenants
of real estate and buildings connected with such water system.
Users shall be classified as either "residential users," "commercial
users" or "rural users."
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.
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.
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.
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.
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.
[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.
[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]
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.
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.
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.
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]
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.
[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]
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.
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.
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]
B.
No reduction in rates will be made for the time any service pipe
may be frozen or out of use from any cause.
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.
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.
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.
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.
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.
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.
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]
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 June 2019 Billing
| ||
|
Meter Size
(inches)
|
Customer Charge
|
Rate per Cubic Foot
|
|
1 or less
|
$13.86
|
First 1,200 CF, $0.0379
|
|
Over 1,200 CF, $0.0451
| ||
|
1.5
|
$31.19
|
First 1,800 CF, $0.0379
|
|
Over 1,800 CF, $0.0451
| ||
|
2
|
$55.44
|
First 2,400 CF, $0.0379
|
|
Over 2,400 CF, $0.0451
| ||
|
3
|
$124.74
|
First 3,600 CF, $0.0379
|
|
Over 3,600 CF, $0.0451
| ||
|
4
|
$221.76
|
First 4,800 CF, $0.0379
|
|
Over 4,800 CF, $0.0451
| ||
|
6
|
$498.96
|
First 7,200 CF, $0.0379
|
|
Over 7,200 CF, $0.0451
| ||
|
8
|
$887.04
|
First 9,600 CF, $0.0379
|
|
Over 9,600 CF, $0.0451
| ||
|
Rural General Service Rates
| ||
|---|---|---|
|
Rates Effective with June 2019 Billing
| ||
|
Meter Size
(inches)
|
Customer Charge.
|
Rate per Cubic Foot
|
|
1 or less
|
$18.15
|
First 1,200 CF, $0.0539
|
|
Over 1,200 CF, $0.0661
| ||
|
1.5
|
$37.74
|
First 1,800 CF, $0.0539
|
|
Over 1,800 CF, $0.0661
| ||
|
2
|
$65.17
|
First 2,400 CF, $0.0539
|
|
Over 2,400 CF, $0.0661
| ||
|
3
|
$143.54
|
First 3,600 CF, $0.0539
|
|
Over 3,600 CF, $0.0661
| ||
|
4
|
$253.26
|
First 4,800 CF, $0.0539
|
|
Over 4,800 CF, $0.0661
| ||
|
6
|
$566.76
|
First 7,200 CF, $0.0539
|
|
Over 7,200 CF, $0.0661
| ||
|
8
|
$1,005.64
|
First 9,600 CF, $0.0539
|
|
Over 9,600 CF, $0.0661
| ||
|
Urban Industrial Service Rates
|
|
Rates Effective with June 2019 Billing
|
[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.
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.
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]
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.
