City of Papillion, NE
Sarpy County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990 as Ch. 3, Art. 4, of the 1990 Code. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 195-3 — Neb. R.R.S. §§ 16-684, 19-1305.
Section 195-4 — Neb. R.R.S. § 19-2701.
Section 195-10 — Neb. R.R.S. § 16-682.
Section 195-11 — Neb. R.R.S. §§ 16-679 and 16-681.
Section 195-14 — Neb. R.R.S. § 16-246.
GENERAL REFERENCES
Sewers — See Ch. 158.
Wellhead protection — See Ch. 198.
A. 
The municipality through the Municipal Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is 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 Council may see fit to do so.
B. 
The rules, regulations and water rates 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 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 Council may hereafter adopt, the Director of Public Works or his agent, may cut off or disconnect the water service from the building or premise or place of such violation. No further connection for water service to said building, premise or place shall again be made save or except by order of said Director of Public Works or his agent.
As used in this chapter, the following terms shall have the meanings indicated:
MAIN
Any pipe other than a supply or service pipe that is used for the purpose of carrying water to and disbursing the same in the municipality.
SEPARATE PREMISE
The term "separate premise" is hereby defined to be more than one consumer procuring water from the same service or supply pipe. The second premise may be a separate dwelling, apartment, building or structure used for a separate business.
SERVICE PIPE
Any pipe extending from the shutoff, 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 premise where the water is to be disbursed.
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 premise where the shutoff, stop box or curb cock is located.
[Amended 6-15-1999 by Ord. No. 1298]
The municipality owns the Municipal Water Department and operates it through the Director of Public Works. The Council, 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 City Treasurer. The Director of Public Works shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his office. The Director of Public Works shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the Council. The Council shall set the rates to be charged for services rendered by resolution and shall file a copy of the rates in the office of the City Clerk for public inspection at any reasonable time.
Every person or persons desiring a supply of water must make application therefor to the City Clerk upon the blanks to be furnished by him for that purpose. The Director of Public Works may require rental applicants to make a service deposit in such amount as he deems necessary subject to the review of the Council. Water may not be supplied to any house or private service pipe except upon the written order of the Director of Public Works. The Department shall not supply to any person outside the corporate limits water service without the cost of laying mains, service pipe and supply pipe being paid by the customer. Nothing herein shall be construed to obligate the municipality to provide water service to nonresidents. Each applicant for water service shall accompany the application with payment of a nonrefundable turn-on charge in a sum to be determined by resolution of the City Council.
A. 
In making excavation 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. Any person cutting into the public sidewalks or public street shall, in addition to all provisions herein, comply with all rules and regulations required in Chapter 166, Streets and Sidewalks, relating to the cutting of curbs and the excavation of the public ways and property. 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.
B. 
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 Director of Public Works shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the customer. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed for such installation by the Director of Public Works; provided that said rules, regulations and specifications have been reviewed and approved by the Council. The Director of Public Works or his agent, as Municipal Plumbing Inspector, shall make the following inspections of all installations and it shall be the duty of the plumber doing the work to notify the Director of Public Works prior to continuing past said stage:
(1) 
When the trenching is completed.
(2) 
When pipes and other appurtenances have been connected, but before the same are covered.
(3) 
After the trench has been covered, but before the water is turned on.
The expense of providing water service from the main to the place of distribution shall be paid by the customer. In addition to the expense of procuring the services of a plumber and paying all the expenses of furnishing and installing the necessary pipe, trenching and other labor to bring water service from the main to the place of disbursement, the consumer shall also pay a tap fee which shall compensate the municipality for the expense of tapping the main and sealing the meter. All materials supplied by the customer shall be subject to rejection by the Director of Public Works if he determines that the same are unsuitable or of a poor quality. It shall be unlawful for any person other than the Director of Public Works or his duly authorized agent to tap the main.
The cost of maintaining and repairing the main shall be borne by the municipality. The cost of maintaining and repairing all other pipes and appurtenances shall be paid by the customer or property owner. The Director of Public Works, or his duly designated representative, shall have the right to test any meter which he has reason to believe is not measuring accurately the amount of water consumed. The customer is hereby granted the reciprocal right to have the water meter tested by the Director of Public Works or his duly designated representative. If the test of the meter discloses that it is registering 2% or more fast, the expense of the test shall be borne by the municipality, but if the test of the meter discloses that it is registering less than 2% fast, the customer shall be billed the reasonable expense for making such test. When for any reason a water meter is not registering accurately the volume of water passing through it, the customer shall be charged for the period in which the meter is inaccurate a sum equal to the charge for the amount of water furnished to the premise during the corresponding period of the preceding year; provided that if no basis for such comparison exists, the customer shall pay such reasonable sum for water as the Director of Public Works shall fix. Each customer shall at its own expense repair any water meter, curb stop valve, curb box or any part of the line deemed defective by the Director of Public Works, or his duly designated representative, within a time specified after having been given written notice of said defect by the Director of Public Works or his duly designated representative. If the customer shall fail to repair or correct the defective water meter, curb stop valve, curb box or any part of the line deemed defective within the specified time period set out above by the Director of Public Works, the Director of Public Works or his duly designated representative is authorized to make said repairs or corrections and shall bill the customer a reasonable fee for any parts and labor and for the estimated water loss during said specified time period. Said cost of repair and estimated water loss shall be billed to the customer the same as a water bill pursuant to § 195-8 of this chapter, and if said charge remains unpaid, it shall become a lien upon the real estate for which the same was used pursuant to § 195-10.
Water bills shall be due and payable monthly at the office of the City Clerk. Meters shall be read monthly. Billing shall be done by the Office of the City Clerk. The Clerk shall charge and collect for each customer billed for the amount of water consumed since the last reading together with any other charges, properly itemized, due the Water Department. Nonresidents shall be charged at the rate of double what resident consumers are charged. Bills shall be due on the first day of each month and shall be payable by the 15th day of each month. Bills not paid on or before the 15th day of each month shall be deemed to be delinquent and a penalty charge equal to 10% of the amount due shall be added to the amount of the bill. On or about the 15th day of each month the Clerk shall send out notices of delinquency demanding payment immediately. In the event that the bill is not paid within seven days after receipt by the customer it shall be the duty of the Director of Public Works to terminate service at any time as provided by this chapter.
A. 
The City Clerk shall have the right to discontinue services and remove its properties if the charges for such services are not paid within 20 days after the date that the same becomes delinquent. Before any termination, the City Clerk shall first give notice by first-class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is given. As to any subscriber who has previously been identified as a welfare recipient to the Department by the County Welfare Department, such notice shall be by certified mail and notice of such proposed termination shall be given to the County Welfare Department. The notice shall contain the following statements:
(1) 
The reason for the proposed disconnection.
(2) 
The intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the Department regarding payment of the bill.
(3) 
The date upon which service will be disconnected if the domestic subscriber does not take appropriate action.
(4) 
The name, address and telephone number of the employee or Department to whom the domestic subscriber may address any inquiry or complaint.
(5) 
The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection.
(6) 
The Department may not disconnect service pending the conclusion of the conference.
(7) 
Disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the City Clerk within five days of receiving notice under this section and will prevent the disconnection of the Department's services for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any due account.
(8) 
The actual cost for labor and materials incurred by the City caused by the necessary visitation to a domestic subscriber by the Director of Public Works or his duly authorized representative, for the purpose of discontinuation of service, shall be combined with the subscriber's delinquent utility bill which additional charges must be paid for by the subscriber at the time the delinquent utility bill is paid prior to restoration of utility services.
(9) 
The domestic subscriber may arrange with the Department for an installment payment plan.
(10) 
Those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard.
(11) 
Any additional information consistent with this section which has received prior approval from the Council.
B. 
A domestic subscriber may dispute the proposed discontinuance of service by notifying the City Clerk with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the City Clerk may discontinue services.
C. 
This section shall not apply to any disconnections or interruptions of services made necessary by the City Clerk or Director of Public Works for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
In addition to all other remedies, if a customer shall, for any reason, remain indebted to the municipality for water service furnished, the amount due together with any rents, penalties and charges in arrears shall be considered a delinquent water rent, which is hereby declared to be a lien upon the real estate for which the same was used. The delinquent water rent shall be placed upon the assessment rolls for collection as a special tax. It shall be the duty of the City Clerk to report to the Council a list of all unpaid accounts due for water, together with a description of the real estate upon which the same was used. The report shall be examined, and if approved by the Council, shall be certified by the City Clerk to the County Clerk in the same manner as for the collection of other special taxes to be collected by the County Treasurer.
[Amended 6-15-1999 by Ord. No. 1298]
The Council has the power and authority to fix the rates to be paid by the water customers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the City Clerk. The City Clerk shall bill the consumers and collect all money received by the municipality on account of the Water Department.
A. 
Water rates. The water rates shall be established from time to time by City Council as a tariff to customers within the corporate limits for water purchased from the City of Papillion.
B. 
Service beyond corporate limits. The City may contract to sell water to users outside the corporate limits of the City, but such service shall not be instituted or continued except to the extent that the facilities of the City for supplying water service are in excess of the requirements for serving the inhabitants of the City. For furnishing water service beyond its corporate limits the rates shall be set forth from time to time by City Council.
C. 
Water connection fees.
(1) 
A fee shall be paid to the City Treasurer as set forth from time to time by the City Council for each structure to be connected to the municipal water system of the City of Papillion. No building permit shall be issued until the prescribed fees shall have been paid in full.
(2) 
Connections requiring a tap larger than two inches will be set by the City Council.
[Amended 7-1-2008 by Ord. No. 1549; 3-20-2012 by Ord. No. 1639[1]; 9-1-2015 by Ord. No. 1722; 6-4-2019 by Ord. No. 1844]
A. 
Minimum rates. The following is established as a tariff of minimum water rates for all water customers within the corporate limits of the City of Papillion. Customers shall be liable for the minimum rate determined by meter size unless and until the consumer shall, by written order, direct the Director of Public Works to shut off the water at the stop box, in which case the customer shall not be liable thereafter for water rental until the water is turned on again. The rates shall be effective for the billing dates shown below:
(1) 
One-inch meter and smaller. Until September 30, 2019, there shall be a minimum billing of $11.69 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $12.06.
(b) 
Effective October 1, 2020, the minimum billing shall be $12.44.
(c) 
Effective October 1, 2021, the minimum billing shall be $12.83.
(d) 
Effective October 1, 2022, the minimum billing shall be $13.23.
(e) 
Effective October 1, 2023, the minimum billing shall be $13.65.
(2) 
One-and-one-half-inch meter. Until September 30, 2019, there shall be a minimum billing of $19.49 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $20.10.
(b) 
Effective October 1, 2020, the minimum billing shall be $20.73.
(c) 
Effective October 1, 2021, the minimum billing shall be $21.38.
(d) 
Effective October 1, 2022, the minimum billing shall be $22.05.
(e) 
Effective October 1, 2023, the minimum billing shall be $22.74.
(3) 
Two-inch meter. Until September 30, 2019, there shall be a minimum billing of $31.18 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $32.15.
(b) 
Effective October 1, 2020, the minimum billing shall be $33.15.
(c) 
Effective October 1, 2021, the minimum billing shall be $34.18.
(d) 
Effective October 1, 2022, the minimum billing shall be $35.24.
(e) 
Effective October 1, 2023, the minimum billing shall be $36.34.
(4) 
Three-inch meter. Until September 30, 2019, there shall be a minimum billing of $58.47 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $60.29.
(b) 
Effective October 1, 2020, the minimum billing shall be $62.16.
(c) 
Effective October 1, 2021, the minimum billing shall be $64.09.
(d) 
Effective October 1, 2022, the minimum billing shall be $66.08.
(e) 
Effective October 1, 2023, the minimum billing shall be $68.13.
(5) 
Four-inch meter. Until September 30, 2019, there shall be a minimum billing of $116.94 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $120.57.
(b) 
Effective October 1, 2020, the minimum billing shall be $124.31.
(c) 
Effective October 1, 2021, the minimum billing shall be $128.17.
(d) 
Effective October 1, 2022, the minimum billing shall be $132.15.
(e) 
Effective October 1, 2023, the minimum billing shall be $136.25.
(6) 
Six-inch meter and larger. Until September 30, 2019, there shall be a minimum billing of $292.36 for all customers located within the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $301.43.
(b) 
Effective October 1, 2020, the minimum billing shall be $310.78.
(c) 
Effective October 1, 2021, the minimum billing shall be $320.42.
(d) 
Effective October 1, 2022, the minimum billing shall be $330.36.
(e) 
Effective October 1, 2023, the minimum billing shall be $340.61.
B. 
Commodity charges. The following is established as a tariff of commodity fees to customers within the corporate limits for water purchased from the City of Papillion, which rates shall be effective for the billing dates shown below:
(1) 
Until September 30, 2019, there shall be a charge of $1.93 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(2) 
Effective October 1, 2019, there shall be a charge of $1.93 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(3) 
Effective October 1, 2020, there shall be a charge of $2.06 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(4) 
Effective October 1, 2021, there shall be a charge of $2.13 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(5) 
Effective October 1, 2022, there shall be a charge of $2.20 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(6) 
Effective October 1, 2023, there shall be a charge of $2.27 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
C. 
Surcharge. The following is established as a tariff of surcharge fees to customers within the corporate limits for water purchased from the City of Papillion, which rates shall be effective for the billing dates shown below:
(1) 
Surcharge applied to the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month:
(a) 
Until September 30, 2019, there shall be a charge of $2.34 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(b) 
Effective October 1, 2019, there shall be a charge of $2.42 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(c) 
Effective October 1, 2020, there shall be a charge of $2.50 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(d) 
Effective October 1, 2021, there shall be a charge of $2.58 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(e) 
Effective October 1, 2022, there shall be a charge of $2.66 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(f) 
Effective October 1, 2023, there shall be a charge of $2.75 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(2) 
Surcharge applied to the monthly water usage greater than 20,000 gallons per month:
(a) 
Until September 30, 2019, there shall be a charge of $2.67 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(b) 
Effective October 1, 2019, there shall be a charge of $2.76 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(c) 
Effective October 1, 2020, there shall be a charge of $2.85 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(d) 
Effective October 1, 2021, there shall be a charge of $2.94 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(e) 
Effective October 1, 2022, there shall be a charge of $3.04 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(f) 
Effective October 1, 2023, there shall be a charge of $3.14 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
[1]
Editor's Note: This ordinance also repealed former § 195-12, Minimum rates, as amended, and renumbered former § 195-12.1 as § 195-12 and former § 195-12.2 as § 195-12.1.
[Added 5-6-2003 by Ord. No. 1409; amended 7-1-2008 by Ord. No. 1549; 3-20-2012 by Ord. No. 1639; 9-1-2015 by Ord. No. 1722; 6-4-2019 by Ord. No. 1844]
The City may contract to sell water to users beyond the corporate limits of the City, but service shall not be instituted or continued except to the extent that the facilities of the City for supplying water service are in excess of the requirements for serving the inhabitants of the City.
A. 
Minimum rates. The following is established as a tariff of minimum water rates for all water customers beyond the corporate limits of the City of Papillion. Customers shall be liable for the minimum rate determined by meter size unless and until the consumer shall, by written order, direct the Director of Public Works to shut off the water at the stop box, in which case the customer shall not be liable thereafter for water rental until the water is turned on again. The rates shall be effective for the billing dates shown below:
(1) 
One-inch meter and smaller. Until September 30, 2019, there shall be a minimum billing of $23.39 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $24.12.
(b) 
Effective October 1, 2020, the minimum billing shall be $24.87.
(c) 
Effective October 1, 2021, the minimum billing shall be $25.65.
(d) 
Effective October 1, 2022, the minimum billing shall be $26.45.
(e) 
Effective October 1, 2023, the minimum billing shall be $27.27.
(2) 
One-and-one-half-inch meter. Until September 30, 2019, there shall be a minimum billing of $38.98 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $40.19.
(b) 
Effective October 1, 2020, the minimum billing shall be $41.44.
(c) 
Effective October 1, 2021, the minimum billing shall be $42.73.
(d) 
Effective October 1, 2022, the minimum billing shall be $44.06.
(e) 
Effective October 1, 2023, the minimum billing shall be $45.43.
(3) 
Two-inch meter. Until September 30, 2019, there shall be a minimum billing of $62.37 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $64.31.
(b) 
Effective October 1, 2020, the minimum billing shall be $66.31.
(c) 
Effective October 1, 2021, the minimum billing shall be $68.37.
(d) 
Effective October 1, 2022, the minimum billing shall be $70.49.
(e) 
Effective October 1, 2023, the minimum billing shall be $72.68.
(4) 
Three-inch meter. Until September 30, 2019, there shall be a minimum billing of $116.94 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $120.57.
(b) 
Effective October 1, 2020, the minimum billing shall be $124.31.
(c) 
Effective October 1, 2021, the minimum billing shall be $128.17.
(d) 
Effective October 1, 2022, the minimum billing shall be $132.15.
(e) 
Effective October 1, 2023, the minimum billing shall be $136.25.
(5) 
Four-inch meter. Until September 30, 2019, there shall be a minimum billing of $233.89 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $241.15.
(b) 
Effective October 1, 2020, the minimum billing shall be $248.63.
(c) 
Effective October 1, 2021, the minimum billing shall be $256.34.
(d) 
Effective October 1, 2022, the minimum billing shall be $264.29.
(e) 
Effective October 1, 2023, the minimum billing shall be $272.49.
(6) 
Six-inch meter and larger. Until September 30, 2019, there shall be a minimum billing of $584.72 for all customers located beyond the corporate limits of the City of Papillion which use or consume less than 3,000 gallons per month.
(a) 
Effective October 1, 2019, the minimum billing shall be $602.85.
(b) 
Effective October 1, 2020, the minimum billing shall be $621.54.
(c) 
Effective October 1, 2021, the minimum billing shall be $640.81.
(d) 
Effective October 1, 2022, the minimum billing shall be $660.68.
(e) 
Effective October 1, 2023, the minimum billing shall be $681.17.
B. 
Commodity charges. The following is established as a tariff of commodity fees to customers beyond the corporate limits for water purchased from the City of Papillion, which rates shall be effective for the billing dates shown below:
(1) 
Until September 30, 2019, there shall be a charge of $3.86 per 1,000 gallons for water used or consumed greater than 3,000 gallons and less than 10,000 gallons per month.
(2) 
Effective October 1, 2019, there shall be a charge of $3.98 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(3) 
Effective October 1, 2020, there shall be a charge of $4.11 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(4) 
Effective October 1, 2021, there shall be a charge of $4.24 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(5) 
Effective October 1, 2022, there shall be a charge of $4.38 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
(6) 
Effective October 1, 2023, there shall be a charge of $4.52 per 1,000 gallons for the monthly water usage greater than 3,000 gallons and less than 10,000 gallons per month.
C. 
Surcharge. The following is established as a tariff of surcharge fees to customers beyond the corporate limits for water purchased from the City of Papillion, which rates shall be effective for the billing dates shown below:
(1) 
Surcharge applied to the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month:
(a) 
Until September 30, 2019, there shall be a charge of $4.68 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(b) 
Effective October 1, 2019, there shall be a charge of $4.83 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(c) 
Effective October 1, 2020, there shall be a charge of $4.98 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(d) 
Effective October 1, 2021, there shall be a charge of $5.14 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(e) 
Effective October 1, 2022, there shall be a charge of $5.30 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(f) 
Effective October 1, 2023, there shall be a charge of $5.47 per 1,000 gallons for the monthly water usage greater than 10,000 gallons and less than 20,000 gallons per month.
(2) 
Surcharge applied to the monthly water usage greater than 20,000 gallons per month:
(a) 
Until September 30, 2019, there shall be a charge of $5.33 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(b) 
Effective October 1, 2019, there shall be a charge of $5.50 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(c) 
Effective October 1, 2020, there shall be a charge of $5.68 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(d) 
Effective October 1, 2021, there shall be a charge of $5.86 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(e) 
Effective October 1, 2022, there shall be a charge of $6.05 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
(f) 
Effective October 1, 2023, there shall be a charge of $6.24 per 1,000 gallons for the monthly water usage greater than 20,000 gallons per month.
[Added 7-17-2012 by Ord. No. 1647; amended 9-19-2017 by Ord. No. 1780]
The City may contract to sell water to communities with an existing community water system (CWS) within or beyond the corporate limits of the City, but service shall not be instituted or continued except to the extent that the facilities of the City for supplying water service are in excess of the requirements for serving the inhabitants of the City. An agreement between the existing CWS user and the City of Papillion is required. Communities which qualify as an existing CWS shall have an approved permitted public water system number (PWS) by the Nebraska Department of Health and Human Services (NDHHS) and a supply source by existing wells that have been drilled and registered with the Nebraska Department of Natural Resources prior to the effective date of this section. The PWS must have an active status and be in good standing with the State of Nebraska and any other local, state or federal agencies which may have jurisdiction over the system or the water being delivered by the system.
A. 
Emergency water supply connection. An emergency water connection is designed as a supply of water during an emergency situation. The emergency water supply connection user is responsible for all costs associated with the installation of infrastructure necessary to accommodate the connection. The size and scope of the necessary infrastructure will vary from user to user and may require upgrades to the CWS's existing distribution system. The emergency water supply connection shall be active no more than 30 days per calendar year without express written authorization from the City. An emergency water supply connection user which exceeds the thirty-days-per-calendar-year maximum will automatically advance to the supplemental water supply connection defined in § 195-12.2B.
(1) 
The City of Papillion shall bill the CWS an annual fee of $1,000, due and payable within 30 days of the execution of agreement as referenced in § 195-12.2.
(2) 
The City of Papillion shall bill the community as a single user for water usage based on periodic bulk meter readings.
(a) 
The tariff of commodity fees is based on community water usage and shall be at a rate of 1.25 times the In-City greater than 20,000 gallons per month user rate as defined in § 195-12C(2).
B. 
Supplemental water supply connection. A supplemental water supply connection is designed as an additional source of water to supplement the existing CWS. The supplemental water supply connection user is responsible for all costs associated with the installation of infrastructure necessary to accommodate the connection. The size and scope of the necessary infrastructure will vary from user to user and may require upgrades to the CWS's existing distribution system. The supplemental water supply connection is limited to water usage no greater than 50% of the prior year's total water usage from the CWS without express written authorization from the City. A supplemental water supply connection user which exceeds the 50% maximum water usage described above will automatically advance to the total water supply connection defined in § 195-12.2C.
(1) 
Minimum rates. The City of Papillion shall bill the community as a single user for water usage based upon the individual user monthly minimum rates. In the event the individual users within the existing CWS are not equipped with water meters, the service area will be evaluated for the number of lots and the expected size of meter to serve individual users to determine the monthly minimum water rates as defined below:
(a) 
A tariff of monthly minimum water rates is established based on the number of lots and applicable size meters within the CWS service area and shall be at a rate of 1.25 times the In-City minimum rates as defined in § 195-12A for each of the following:
[1] 
One-inch meter and smaller.
[2] 
One-and-one-half-inch meter.
[3] 
Two-inch meter.
[4] 
Three-inch meter.
[5] 
Four-inch meter.
[6] 
Six-inch meter and larger.
(2) 
Commodity charges. The City of Papillion shall bill the community as a single user for water usage based on periodic bulk meter readings.
(a) 
The tariff of commodity fees is based on community water usage and shall be at a rate of 1.25 times the In-City greater than 20,000 gallons per month user rate as defined in § 195-12C(2).
C. 
Total water supply connection. A total water supply connection is designed to supply all water needs within the area served by the existing CWS. The total water supply connection user is responsible for all costs associated with the installation of infrastructure necessary to accommodate the connection. The size and scope of the necessary infrastructure will vary from user to user and may require upgrades to the CWS's existing distribution system.
D. 
Billing CWS as a single user.
(1) 
Minimum rates. The City of Papillion shall bill the community as a single user for water usage based upon the individual user monthly minimum rates. In the event the individual users within the existing CWS are not equipped with water meters, the service area will be evaluated for the number of lots and the expected size of meter to serve individual users to determine the monthly minimum water rates as defined below:
(a) 
A tariff of monthly minimum water rates is established based on the number of lots and applicable size meters within the CWS service area and shall be at a rate of 1.5 times the In-City minimum rates as defined in § 195-12A for each of the following:
[1] 
One-inch meter and smaller.
[2] 
One-and-one-half-inch meter.
[3] 
Two-inch meter.
[4] 
Three-inch meter.
[5] 
Four-inch meter.
[6] 
Six-inch meter and larger.
(2) 
Commodity charges. The City of Papillion shall bill the community as a single user for water usage based on periodic bulk meter readings.
(a) 
The tariff of commodity fees is based on community water usage and shall be at a rate of 2.0 times the current In-City greater than 20,000 gallons per month user rate as defined in § 195-12C(2).
E. 
Billing individual users within the CWS.
(1) 
The City of Papillion shall bill the individual users within the CWS service area for the monthly minimum rates and commodity charges for water usage as established by Chapter 195, Water, § 195-12.1, Service beyond corporate limits.
(2) 
Individual users within the CWS service area shall have a water meter in conformance with Chapter 195, Water, § 195-6, Installation expense, and § 195-7, Repairs and maintenance.
No consumer shall supply water to other families, or allow them to take water from its premises, nor after it is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premise for alteration, extension or attachment without the written permission of the Director of Public Works. It shall further be unlawful for any person 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 water will not pass through the meter or while passing through said meter to cause the meter to register inaccurately.
A. 
The Council or the Director of Public Works may order a reduction in the use of water or shut off the water to any premise in the event of a water shortage due to fire or other good and sufficient cause. The municipality shall not be liable for any damages caused by shutting off the supply of water to any customer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality has no control.
B. 
Water use restriction by resolution.
[Added 6-16-1992 by Ord. No. 1124]
(1) 
For the purposes of conservation, cosmetic appearance and a recognition that water is one of the municipality's most precious commodities, the use of water may be restricted upon the adoption of a resolution providing for said restriction by a majority vote of the members elected to the City Council.
(2) 
Any person or entity which violates or refuses to comply with enforcement of any of the provisions of this section, or any resolution adopted pursuant thereto shall, upon conviction thereof, be fined $25 for the first offense, $50 for a second offense and $100 for each successive offense thereafter.
[Amended 7-20-2004 by Ord. No. 1441]
A. 
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person, other than the Director of Public Works or his/her designated representative or members of the Municipal Fire Department under the orders from the Fire Chief or the Assistant Fire Chief, or their duly designated representative, to open or attempt to open any of the hydrants and draw water from the same or in any manner to interfere with the hydrants.
B. 
Timing of installation. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. This does not include water supply to new homes; however, a temporary gravel road is required to allow medic unit responses into the area. Exception: When alternate methods of protection, as approved by the Chief, are provided.
C. 
Required water supply for fire protection. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of 600 feet from a water supply or a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Chief.
D. 
Obstruction and impairment of fire hydrants and fire protection equipment. Posts, fences, vehicles, growth, trash, storage and other materials or things shall not be placed or kept near fire hydrants, Fire Department inlet connections or fire-protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The Fire Department shall not be deterred or hindered from gaining immediate access to fire-protection equipment or hydrants.
E. 
Clear space around hydrants. A three-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved by the Chief.
F. 
Fire-extinguishing equipment. Alarm-initiating devices, alarm-signaling devices and annunciators shall not be concealed, obstructed or impaired.
G. 
Marking of fire-protection equipment and fire hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking and other obstructions.
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water supplied to the Municipal Water Department.
Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premise where service is furnished, or if said premise is destroyed by fire or other casualty, the customer shall at once inform the Director of Public Works who shall cause the water service to be shut off at said premise. If the customer should fail to give such notice, the customer shall be charged for all water used on said premise until the Director of Public Works is otherwise advised of such circumstances.
[1]
Editor's Note: Former § 195-18, Private Wells, as amended, was repealed 1-2-2013 by Ord. No. 1658. See now Ch. 198, Water Wells and Wellhead Protection.
The Director of Public Works or his duly authorized agent, shall have free access, between the hours of 7:00 a.m. and 6:00 p.m., to all parts of each premise 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. It shall be the duty of every consumer of the Water Department to answer all questions asked by the Director of Public Works or his agent relative to the use and consumption of water.
It shall be the duty of the municipal police to report to the Director of Public Works all cases of leakage and waste in the use of water and all violations of the municipal code relating to the Water Department. They shall have the additional duty of enforcing the observance of all such regulations.
A. 
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 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 items without the written permission of the Director of Public Works.
B. 
Any consumer feeling aggrieved by reason of any controversy with the Director of Public Works or with the City itself over a water billing statement may present his or her grievance to the City Clerk. The City Clerk shall have the authority to adjust or compromise any billing statement or charge for water transmission equipment in an amount not to exceed the amount set from time to time by City Council. Should the consumer still feel aggrieved, after adjustment, compromise or refusal to adjust or compromise by the City Clerk, then the consumer shall pay such charge under protest, in which event the City Clerk shall write on the receipt given such consumer the words "paid under protest." Such consumer may then present his or her verified claim in the manner provided for presenting claims to the City Council for a refund of the amount so paid under protest. Such claim shall then be considered by the Council in the same manner as other claims against the municipality. Any consumer who feels aggrieved by being required to pay for the resumption of water service after the same shall have been shut off, may protest in the same manner as set forth herein.
When the fire alarm is sounded, all hose and fountains used by customers shall be shut off at once and not turned on again until the fire is out. The right is reserved to suspend the use of hoses and fountains for sprinkling yards, gardens, streets or the washing of vehicles whenever in the opinion of the Council or the Director of Public Works an emergency exists.
All persons using water shall keep all fixtures allotted to their use 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 water.
The City Clerk shall have the right to discontinue services and remove its properties if the charges for such services are not paid within 20 days after the date that the same becomes delinquent. Before any termination, the City Clerk shall first give notice by first class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is given. As to any subscriber who has previously been identified as a welfare recipient to the Department by the County Welfare Department, such notice shall be by certified mail and notice of such proposed termination shall be given to the County Welfare Department.
[Added 5-4-1993 by Ord. No. 1138]
A. 
A customer of the Municipal Water Department may be required by the Director of Public Works to install and maintain a properly located backflow prevention device at his/her expense appropriate to the potential hazards set forth in Title 179, Nebraska Department of Health and approved by the Director of Public Works.
B. 
The customer shall make application to the Director of Public Works to install a required backflow prevention device on a form provided by the municipality. The application shall contain at a minimum the name and address of the applicant, the type of potential hazard required, protection and the type of backflow device to be installed, including brand and model number.
C. 
The Director of Public Works shall approve or disapprove the application based on his/her opinion of whether such installation will protect the municipal water distribution system from potential backflow and backsiphonage hazards.
D. 
The installation of the device shall be subject to all other sections of this code dealing with installation of plumbing, including the use of a plumber licensed by the municipality, if applicable.
E. 
Such customer shall also certify to the municipality at least one time annually that the backflow prevention device has been tested by a Nebraska Department of Health Grade VI Certified Water Operator if the device is equipped with a test port. Such certification shall be made on a form available at the office of City Clerk.
F. 
Any decision of the Director of Public Works may be appealed to the Mayor/City Council.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be fined in any sum not exceeding $500 or imprisoned six months, or both said fine and imprisonment at the discretion of the sentencing court.