[HISTORY: Adopted by the City Council of
the City of Papillion 12-4-1990 as Ch. 3, Art. 4, of the 1990 Code;
amended in its entirety 10-5-2021 by Ord. No. 1945. Subsequent amendments noted where
applicable.[1]]
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.
[1]
Editor's Note: This chapter was previously amended 6-16-1992 by Ord. No. 1124; 5-4-1993 by Ord. No. 1138; 5-5-1998 by Ord. No. 1264; 6-15-1999 by Ord. No. 1298; 5-6-2003 by Ord. No. 1409; 7-20-2004 by Ord. No. 1441; 7-1-2008 by Ord. No.
1549; 3-20-2012 by Ord. No. 1639; 7-17-2012 by Ord. No. 1647; 1-2-2013 by Ord. No. 1658; 9-1-2015 by Ord. No. 1722; 9-19-2017 by Ord. No. 1780; and 6-4-2019 by Ord. No. 1844.
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
chapter 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/her agent, may cut off or disconnect the water service from
the building or premises or place of such violation. No further connection
for water service to said building, premises or place shall again
be made save or except by order of said Director of Public Works or
his/her agent.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
An additional and separate consumer procuring water from
the same service or supply pipe. The separate premises may be a separate
dwelling, apartment, building or structure used for a separate business.
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 premises where the water is to be disbursed.
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 shutoff, stop box or curb cock is located.
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 ordinance 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/her for that purpose. The Director of Public Works may require
rental applicants to make a service deposit in such amount as he/she
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, sanitary and improvement district, or other person or entity
on their behalf. 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 account activation fee 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 service or supply 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 proper barricading, warning lights and signs, and other safety devices, all as required by the Manual on Uniform Traffic Control Devices and any other applicable laws and regulations.
B.
After service/supply pipes are laid, the streets, alleys and sidewalks
shall be restored to a condition acceptable to the City. 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 may 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.
The Director of Public Works or his/her 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:
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 all applicable fees determined
by resolution of the City Council, including but not limited to a
tap fee which shall compensate the municipality for the expense of
tapping the main, sealing the meter and performing inspections. All
materials supplied by the customer shall be subject to rejection by
the Director of Public Works, or his/her delegates, if determined
that the same are unsuitable or of a quality not acceptable to the
City. It shall be unlawful for any person other than the Director
of Public Works or his/her duly authorized agent to tap the main.
The cost of maintaining and repairing the main shall be borne by the municipality. The replacement or repair of water meters of residential use, as described in § 205-17 (excluding Subsections F, I and K of that section, or as determined by the Public Works Director), by reason of normal wear and tear resulting from normal use, 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/her duly designated representative, shall have the right to investigate any meter for which there is 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 investigated by the Director of Public Works or his/her duly designated representative. If the investigation of the meter discloses that it is registering more volume of water than is being used, the expense of the investigation shall be borne by the municipality, but if the investigation of the meter discloses that it is registering volume of water appropriately, the customer shall be billed the reasonable expense for making such investigation. 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 premises 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 or replace any water meter (unless specified otherwise in this section), curb stop valve, curb box or any part of the line deemed defective by the Director of Public Works, or his/her duly designated representative, within a time specified after having been given written notice of said defect by the Director of Public Works or his/her 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/her 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.
A.
Water meters shall be read monthly for purposes of determining the
amount of water consumed by the domestic subscriber. The City shall
charge each domestic subscriber for the amount of water consumed since
the last meter reading. The City shall also charge to each domestic
subscriber any other charges/fees, properly itemized, due the Water
Department. Residents and nonresidents shall be charged the respective
rates set forth in this chapter.
B.
Water bills shall be prepared by the City Finance Director or his/her
designee. Bills shall be due on the first day of each month and shall
be payable to the City. Bills not paid on or before the 15th day of
each month shall be deemed to be delinquent and a penalty fee equal
to 10% of the current bill shall be added to the amount of the bill.
In the event that the bill is not paid after becoming delinquent,
it shall be the duty of the Director of Public Works to terminate
service as provided by this chapter.
A.
If the charges for water bills are not paid within 20 days after
the date that the same become delinquent, the City Finance Director
shall give notice by first-class mail or in person to the domestic
subscriber whose bill is delinquent that the subscriber's water
service will be discontinued. If notice is given by first-class mail,
such mail shall be conspicuously marked "IMPORTANT INFORMATION ABOUT
YOUR WATER SERVICE." Service shall not be discontinued for at least
seven days, excluding holidays and weekends, after notice is given.
B.
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 City Finance 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 within the
Finance 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 and that the Department may not discontinue service
pending the conclusion of such conference, if one is requested.
(6)
Disconnection shall be postponed or prevented upon presentation of
a certificate from a duly licensed physician, physician's assistant
or advanced practice registered nurse 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 Finance Director within five
days of receiving notice under this section and will prevent the disconnection
of the subscriber's water service for a period of at least 30
days from such filing. Only one postponement of disconnection shall
be required under this subsection for each incidence of nonpayment
of any due account.
(7)
That the actual and reasonable costs for labor and materials incurred
by the City as a result of disconnecting service or for purposes of
reconnecting service shall be paid by the domestic subscriber, and
that such costs must be paid prior to restoration of utility services.
(8)
The domestic subscriber may arrange with the Finance Department for
an installment payment plan.
(9)
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.
(10)
Any additional information consistent with this section which
has received prior approval from the Council.
C.
A domestic subscriber may dispute the proposed discontinuance of service by notifying the City Clerk within seven days of the date of said notice 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 pursuant to the process set forth in § 195-24 before the City may discontinue services.
D.
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.
A.
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/fees 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. Any water rent account delinquent for a period of three months
or more shall be placed upon the assessment rolls for collection as
a special tax. It shall be the duty of the City Finance Director to
report to the Council a list of all accounts for water rent unpaid
for a period of more than three months after payment is due, together
with a description of the real estate upon which the same was used.
The report shall be examined, and if the report and proposed special
assessments are approved by resolution of 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 and assessments to be collected
by the County Treasurer.
B.
The City Clerk shall, on behalf of the City Council, notify in writing nonoccupying owners of real estate or their agents whenever their tenants or lessees are 60 days delinquent in the payment of water rent. After receiving such notice, the nonoccupying owner or his or her agent may notify the City Council in writing to discontinue water service to the real estate and the occupants thereof, and the City shall proceed promptly with discontinuance as described in § 195-9 above. If the City fails to proceed with discontinuance, any delinquency incurred thereafter shall not be a lien upon the real estate.
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 rates shall be on file for public inspection
at the office of the City Clerk. The City 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 ordinance 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 ordinance of the City Council.
C.
Other water fees and charges. All fees as established in the Master
Fee Schedule shall be paid to the City as set forth from time to time
by the City Council. For new development or redevelopment, no building
permit shall be issued until all applicable fees shall have been paid
in full.
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 customer 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 but will be liable
for all applicable charges/fees for such turn-off and turn-on request
and any applicable fees associated with the water meter(s). 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.
D.
For residential customers, as "residential" is defined in § 205-17 (excluding Subsections F, I and K of that section), or as determined by the Public Works Director, within the corporate limits of the City of Papillion, a monthly fee will be assessed for the Residential Meter Replacement Program as set forth in the Master Fee Schedule.
E.
All City of Papillion water customers within the corporate limits
of the City of Papillion in possession and use of a cellular read
meter shall be assessed a monthly cellular meter service fee as set
forth in the Master Fee Schedule.
F.
Residential customers, as "residential" is defined in § 205-17 (excluding Subsections F, I and K of that section), or as determined by the Public Works Director, may request in writing, through an application with the City, to opt-out of having a cellular read endpoint module installed with their meter. Such opt-out customer will be assessed a monthly smart meter opt-out fee, as set forth in the Master Fee Schedule, in addition to the Residential Meter Replacement Program fee. The cellular read endpoint module will not be installed nor a cellular meter usage fee assessed. The opt-out customer will be responsible for providing monthly reads and providing access to the premises for verification reads by City staff as necessary upon reasonable notice. Failure to provide unprompted monthly reads will result in the installation of the cellular read endpoint module or the discontinuance of water service.
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 customer 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 but will be liable
for all applicable charges/fees for such turn-off and turn-on request
and any applicable fees associated with the water meter(s). 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.
D.
For residential customers, as "residential" is defined in § 205-17 (excluding Subsections F, I and K of that section), or as determined by the Public Works Director, beyond the corporate limits of the City of Papillion, a monthly fee will be assessed for the Residential Meter Replacement Program as set forth in the Master Fee Schedule.
E.
All City of Papillion water customers beyond the corporate limits
of the City of Papillion in possession and use of a cellular read
meter shall be assessed a monthly cellular meter service fee as set
forth in the Master Fee Schedule.
F.
Residential customers, as "residential" is defined in § 205-17 (excluding Subsections F, I and K of that section), or as determined by the Public Works Director, may request in writing, through an application with the City, to opt-out of having a cellular read endpoint module installed with their meter. Such opt-out customer will be assessed a monthly smart meter opt-out fee, as set forth in the Master Fee Schedule, in addition to the Residential Meter Replacement Program fee. The cellular read endpoint module will not be installed nor a cellular meter usage fee assessed. The opt-out customer will be responsible for providing monthly reads and providing access to the premises for verification reads by City staff as necessary upon reasonable notice. Failure to provide unprompted monthly reads will result in the installation of the cellular read endpoint module or the discontinuance of water service.
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 Subsection B.
(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:
(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:
(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).
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 premises 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 premises 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. 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.
C.
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.
A.
All hydrants from which water is drawn from the City's water
mains are hereby declared to be public hydrants, and, except as provided
herein, 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 or attempt
to draw water from the same or in any manner to interfere with the
hydrants.
(1)
The City may issue permits for the sale of water at bulk rates from
hydrants through the use of a City of Papillion hydrant meter. Hydrant
meter rental and other fees associated with the rental are set in
the Master Fee Schedule.
(a)
The Director of Public Works shall approve and implement a City
of Papillion Hydrant Meter Policy and Program outlining the requirements
for the issuance of a permit under this section and the conditions
of use thereunder.
(b)
A permit under this section shall only be issued upon the submission
of a hydrant meter permit application on a form approved by the Director
of Public Works along with the permit application fee and other fees
associated with the rental as set forth in the Master Fee Schedule.
(c)
Permits for the sale of water from a hydrant shall be issued
only to contractors who have demonstrated a satisfactory knowledge
of how to utilize the City's water meters, and are performing
work in their capacity as a contractor. Applications for a hydrant
meter permit received from individual residents or property owners
shall not be approved.
(d)
Each permit shall be valid for a period not to exceed nine months.
Any connection to a hydrant which extends beyond nine months shall
require the issuance of a new permit.
(e)
The use of a hydrant meter from an entity other than the City
of Papillion, including hydrant meters issued by other municipalities,
within the City of Papillion's jurisdiction shall constitute
a violation of this section and shall result in confiscation of such
hydrant meter and the imposition of such charges, fines and penalties
as may be set forth in the City of Papillion Hydrant Meter Policy
and Program.
(f)
Permit holders shall comply with all provisions of the City
of Papillion Hydrant Meter Policy and Program and shall be responsible
for any loss or damage to a City of Papillion hydrant or hydrant meter.
Permit holders may be charged for any replacement or repair necessary
to a hydrant or a hydrant meter issued pursuant to a permit.
(g)
Acceptable purposes for water hydrant use include construction
activity, temporary landscaping, filling of water trucks, tanks or
pools, emergency purposes, or those approved by the Director of Public
Works or his/her duly designated representative.
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 Fire 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 Fire
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 Fire 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 premises
where service is furnished, or if said premises 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 premises
until the Director of Public Works is otherwise advised of such circumstances.
The Director of Public Works, or his/her 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 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. 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/her 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.
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.
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 shall have the right to discontinue water 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 disconnection of water service, the City shall give notice by first class mail or in person to any domestic subscriber whose service is proposed to be disconnected, as provided in § 195-9 above.
A.
Any domestic subscriber who receives notice of disconnection shall
have the right to request a conference to dispute the proposed reasons
for disconnection.
(1)
A written request for a dispute conference must be received by the
City Clerk within seven days of the date of the disconnection notice.
(2)
Upon receipt of a written request for dispute conference, the City
Clerk shall schedule the conference between the Public Works Director,
or his or her designee, and the domestic subscriber and will advise
the domestic subscriber of the date, time and place of the conference.
(a)
Such conference shall take place within 14 days of the receipt
of the request for the conference.
(b)
The City shall make a reasonable effort to reschedule the conference
if the domestic subscriber contacts the City Clerk at least one business
day prior to the scheduled conference and demonstrates a legitimate
reason for being unable to attend the scheduled conference. If the
domestic subscriber fails to appear at the scheduled conference the
City shall be relieved of any further obligations prior to disconnecting
water service.
(3)
The conference shall be informal and not governed by the Nebraska
Rules of Evidence.
(4)
At the conference, the domestic subscriber may present a statement
setting forth the reasons for the dispute, the relief requested and
any information or evidence the domestic subscriber has in support
of his or her position. The City Finance Director or his or her designee
may present information on behalf of the City regarding the amount
of the delinquency, and measures taken by the City to remediate the
delinquency, including any information regarding a current or past
payment plan between the domestic subscriber and the City.
(5)
If, at any time during the conference, the City Public Works Director or his or her designee determines that the domestic subscriber did not receive proper notice or was denied any right set forth in § 195-9 above, the conference shall be recessed and continued at such time as the subscriber has been afforded his or her rights.
(6)
At the conclusion of the conference, the City Public Works Director
or his or her designee shall make a determination based solely on
the information presented at the conference to affirm, reverse or
modify the decision to discontinue water service to the domestic subscriber.
The decision to discontinue water service shall be affirmed only upon
a finding that the City has exhausted all other reasonable remedies.
B.
Any domestic subscriber may appeal an adverse decision from the dispute
conference to the City Administrator or his or her designee.
(1)
An appeal to the City Administrator or his or her designee from a
decision of the City Public Works Director must be received by the
City Clerk within three days of the date of the decision by the Public
Works Director.
(2)
Upon receipt of a written request for appeal, the City Clerk shall
schedule a hearing before the City Administrator or his or her designee,
and advise the domestic subscriber of the date, time and place of
the appeal hearing.
(3)
The domestic subscriber may examine and copy the City's file
and records pertaining to matters directly relevant to the dispute
and any documents relied on by the City in reaching the decision to
discontinue water service.
C.
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, other than a disconnection issue addressed in Subsection A or B above, 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.
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 the City Clerk.
F.
Any decision of the Director of Public Works may be appealed to the
Mayor/City Council.
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 of which the
person stands convicted of violating, the penalty for such violation
shall be set in any sum not exceeding $500 or imprisonment for a period
of no more than six months, or both said fine and imprisonment at
the discretion of the sentencing court.
