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2466ORDINANCE NO. 2466 COUNCIL MEMBER SCHANK INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 3, ARTICLE 3, SECTION 3 UTILITIES DISCONNECTION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PUBLISHING IN PAMPHLET FORM. WHEREAS, Nebraska Revised Statute § 16-675 authorizes the City of Blair to establish a rules and regulations relating to the Municipality's water service; and WHEREAS, the City of Blair determined that it is in the public interest that the City of Blair authorize billing via E -delivery through the City of Blair billing software and that the City of Blair deem accounts delinquent after thirteen (13) days, and that the City Code be amended to provide clearer guidelines for when disconnection will take place. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Blair Municipal Code be amended as outlined in the attached Exhibit "A". All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. PASSED AND APPROVED ON THE 9th day of November, 2021. CITY OF BLAIR, NEBRASKA BY: / RICHARD HANSEN, MAYOR 1 ATTEST: BRENDA WHEELER, CITY CLERK UA MINGTON NEBRASKAss: COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of November, 2021. BRENDA WHEELER, CITY CLERK 14 EXHIBIT "A" Article 3. Utilities Disconnection Sec. 3-301 UTILITIES DISCONNECTION; PROCEDURES AND STANDARDS. The following procedures and standards are adopted for the disconnection of utility service provided by the City of Blair to its customers for the reason of nonpayment by its customers of the charges made for the utility service, or for failure to comply with the rules and regulations and the contractual arrangements with the Department of Utilities: A demand letter shall be sent to each customer who has failed to remit the amount due for utility service before the thirteenth (13th) day of each month. Said demand letter will be served vie electronic service (email) and/or at a minimum, First Class Mail, upon all utility customers who are delinquent and shall inform the customer that unless payment of the amount due is made before the twenty-fifth (25th) day of the month, the City of Blair will initiate formal procedures to disconnect the utility service made to the consumer. If the 25th falls on a weekend or a holiday, then the demand letter shall state the payment must be made before 4:30 p.m. on the first business day following the weekend or holiday that the 25' falls on. Any domestic subscriber shall be subject to notice in compliance with E and F of this procedural policy. 2. If payment in full of the delinquent bill is not received by the twenty-fifth (25th) day of the month (or the first business day following the weekend or holiday that the 25th falls on) following the issuance of the demand letter or unless some arrangements have been made for payment of the bill, notice shall be given to the customer informing him or her that utility service will be disconnected within ten (10) days of the date of the letter, if payment on the bill is not made, arrangements are not made for the payment of the bill, or unless a conference is requested concerning the disconnection. If said notice is sent by first class mail, the envelope shall be marked conspicuously, "IMPORTANT NOTICE CONCERNING UTILITY DISCONNECTION." If said notice is sent by email, the subject line shall read "IMPORTANT NOTICE CONCERNING UTILITY DISCONNECTION." In the event the Department of Utilities is aware that the customer is a recipient of welfare as notified by the County Welfare Department, the notice shall be sent by certified mail to the customer with a copy of the notice of proposed termination being sent to the County Welfare Department. 3. The notice to the customer shall include the following: a) The reason for the proposed disconnection; b) A statement that the utility service will be disconnected unless the customer either pays the bill or reaches an agreement concerning payment of the bill with the Department of Utilities; c) The exact date the water will be discontinued if no action is taken by the customer. City of Blair Municipal Code Chapter 3, Article 3, page 1 d) A statement that the customer may contact the office of the Department of Utilities concerning any inquiry or complaint; e) A statement that the customer may request a conference concerning any dispute over the proposed disconnection and that no disconnection of service can be made until the conclusion of the conference; f) A statement advising the customer that if a certificate of a physician in the State of Nebraska certifying that the customer's household has an illness or handicap which would cause an immediate and serious health hazard if a utility service was discontinued, disconnection of the service may be postponed or prevented. The statement shall further advise the customer, that if such a certificate is filed with the Utilities Department, the disconnection will be postponed for a period of thirty (30) days, and that only one (1) postponement may be received by the customer for each incident of nonpayment of a delinquent account; g) A statement that the cost of the reconnection of the utility service will be borne by the customer; h) A statement that the customer may arrange for an installment payment plan of the bill; i) A statement that customers who are welfare recipients shall contact their case worker concerning possible assistance in payment of their utility bill. 4. If the customer requests a conference, the employee designated by the utility shall notify the customer in writing of the time, place, and date scheduled for the conference. Said conference shall be held within fourteen (14) days of the receipt of the customer's request. The conference shall be informal, and no rules of evidence shall apply. Said designated employee shall determine whether or not the disconnection should be made or shall determine any other arrangements for payment of the bill which may avoid termination of the service. In the event the customer contacts the Department of Utilities prior to the scheduled conference and shows a valid reason why he cannot attend the hearing as scheduled, all reasonable efforts shall be made to reschedule the hearing. 5. The Director of Public Works is hereby designated as the utility employee to hear and decide all matters pertaining to the dispute and the requested conference and he or she shall reduce his or her decision to writing including the supporting reasons therefore and serve a copy of his or her decision on the customer either personally or by certified mail, return receipt requested. In the event the decision is made to disconnect the customer's service, the statement sent or delivered to the customer shall include a statement informing the customer that he or she can appeal the decision to the City Administrator and that any appeal must be made within ten (10) days of the date of the conference decision as provided hereinbelow. 6. The customer shall have the right to an appeal fiom an adverse decision of the utility employee conference to the City Administrator or his/her designee. Upon notice of an appeal, the City Administrator or his/her designee shall designate a time, place and date for such hearing and shall notify the customer of the scheduling of the hearing and shall forward a copy of the hearing procedures to the customer. No City of Blair Municipal Code Chapter 3, Article 3, page 2 disconnection of service shall be made pending the determination by the City Administrator or his/her designee on the merits of the case. 7. After determination by the City Administrator or his/her designee of whether disconnection should be made or other arrangements be made concerning payment of the bill, the City Administrator or his/her designee decision shall be mailed or delivered to the customer. If at any stage the customer fails to respond to notices as provided hereinabove, said utility service shall be disconnected without further notice to the customer. 8. If at any time during the procedures as specified hereinabove, the customer remits all sums owed to the City of Blair for utility service; all procedures shall then be canceled. See. 3-302 UTILITIES DISCONNECTION; APPEALS HEARING, PROCEDURES. The following procedures are established for appeal hearings by the City Administrator for disconnection hearings of utility service to the customers of the Utilities Department: 1. Any customer prosecuting an appeal to the City Administrator of a conference where a decision of the disconnection of utility services shall have the right to present witnesses, offer evidence, confront and cross-examine such witnesses that shall appear and testify at the hearing and said customer shall further have the right to have a record of the proceedings made at the customer's own expense. 2. The customer shall have the right to examine and copy no less than three (3) business days prior to such appeal hearing all utility files and records pertaining directly to the dispute or utilized in any way in reaching the decision to disconnect utility service. 3. The hearing shall be governed by the "Nebraska Rules of Evidence" which shall be interpreted without strict technical construction. It being the intention that all questions of interpretational rulings and subjective rulings shall be made in favor of the customer. 4. Upon commencement of the hearing, the customer shall have the right to make an opening statement if the customer desires, which shall be followed by an opening statement by the Director of Public Works or his agent if so desired. 5. The customer shall first present his or her case as to why disconnection of the services shall not be made and shall be limited in his or her presentation in time only if a gross abuse of the hearing privileges is taking place. The customer shall be entitled to testify on his or her behalf if customer so desires, and if he or she does, customer shall be subject to cross-examination by the Director of Public Works. All other witnesses called by the customer in his or her behalf shall also be subject to cross-examination by the Director of Public Works. The City Administrator may also ask any questions of any witnesses within the scope of cross-examination. City of Blair Municipal Code Chapter 3, Article 3, page 3 6. After the customer has called all of his or her witnesses and presented any other evidence he or she wishes, the Director of Public Work's personnel shall then present such testimony or other evidence deemed necessary. After each witness has testified on behalf of the Utilities Department the customer shall have the right to cross-examine said witness. 7. Upon the conclusion of the Department of Utility's case, the customer shall have the right to present any rebuttal evidence he or she deems necessary and upon conclusions of the customer's rebuttal evidence, the Department of Utilities shall have the right to present any rebuttal they deem necessary. Upon conclusion of the presentation of all of the evidence, the customer shall have the right to make a closing statement which shall be followed by the presentation of the closing statement, if any, by the Director of Public Works. Upon conclusion of the argument of the Director of Public Works the customer shall have the right to make a rebuttal argument. Sec. 3-303 UTILITIES DISCONNECTION; THIRD PARTY NOTICE PROCEDURES. The following procedures are established for the notice to third parties designated by customers of the municipality's utilities for notice of disconnection of utility service: Any customer may designate a third party to be given notice in the event the customer's utility service is to be discontinued. Said designation shall be made on the appropriate form provided by the Department for that purpose. 2. In the event any customer of the municipality's utilities who has designated a third party is being sent notice of a proposed disconnection of their utility service, the same notice shall also be sent to the designated third party who shall be placed in the position of the customer for the purpose of making payment on the bill, provisions for payment thereof, or requesting allowed conferences. The designation of the third party shall remain in effect until the designation is revoked in writing by the customer. Sec. 3-304 UTILITIES DISCONNECTION; DEPOSITS RENTAL PROPERTY AND CONTRACTORS. The following policies and procedures are established by the City of Blair concerning utility deposits on residential multi -family dwelling units, mobile home parks and individual residential family rental property. Utility deposits for three (3) or more rental units consisting of multi -family dwelling units, individual residential homes or mobile homes with common ownership shall be made by the owner according to the terms and conditions of either one (1) of the options set forth hereinbelow. Said options being: a) Said owner may deposit the sum of fifty ($50.00) dollars, per meter for each of City of Blair Municipal Code Chapter 3, At 3, page 4 the individual rental units when said rental units are unoccupied or when a deposit is not on file with the municipality. Utility service will be supplied to the rental unit only during such time as there is a deposit on file so that a deposit shall be required in the event said owner wishes service to the unit to be continued during vacancy of the unit. Said deposit shall be returned to the owner at such time as a deposit for said rental unit is received by the municipality from the renter of said unit. b) A property owner may remit a floating deposit for continued service during a vacancy in such rental property. If the owner has one to three units, the deposit shall be $50.00 for such purpose. If the owner has four or more units, the deposit shall be $100.00 for such purpose. The owner may request a refund of such deposit at any time. If the property owner does not place a floating deposit under this Section, the owner shall post a regular deposit for continuation of service during any and each vacancy. 2. The owner of said residential units shall notify the municipality in writing of his or her election of either deposit policies as set forth in paragraph one (1) hereinabove. 3. Contractors constructing residential dwelling units within the City of Blair which have three (3) or more deposits on file for construction sites may also elect to remit to the Department of Utilities a deposit for each construction site according to the deposit requirements set forth in paragraph La. hereinabove or they may elect to make a fifty ($50.00) dollar deposit according to the terms and conditions set forth in paragraph Lb. hereinabove. Said election made by the contractors shall be made in writing and filed with the Department of Utilities. Sec. 3-305 UTILITIES, DISCONNECTION; ACCOUNT CREATION OR MODIFICATION FEE, OWNERS, RENTERS. At the time any new account is established for any customer of the municipal water works or sanitary sewer system that own or occupy the premises to be served and for which the bill is rendered, said customer shall remit to the City an account creation fee in the amount of $25.00 which shall be paid prior to the establishment of service for said account. At any time said account is modified by changing location of the service or reestablishment of service following voluntary customer disconnection of five (5) months or less, said customer shall remit to the City an account modification fee in the amount of $15.00 which shall be paid prior to the establishment of service at the new location or reestablishment of service. Sec. 3-306 UTILITIES, BUDGET PLANS; DISCONNECTION. Budget plans are available upon request and shall cover the cost of monthly water and sewer utilities bill. Budget plans will be calculated on an annual basis and go into effect January 1" Budget amount is due monthly just as normal billing. Budget plans are not allowed extensions for nonpayment. If a budget customer is on the disconnection list for non-payment, the customer will be shut off and removed from the budget plan. They will then need to pay the full amount owed on the account along with any additional fees before they can be reconnected. If removed from budget plan, they will not be reconsidered for the budget plan until they have made one (1) years' worth of payments without being shut off for non- payment. City of Blair Municipal Code Chapter 3, Article 3, page 5 (END OF SECTION) City of Blair Municipal Code Chapter 3, Article 3, page 6 State of Nebraska, County of Washington Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of the Pilot -Tribune , a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more', than 3000 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 1 consecutive week(s) being the issues of. 11/16/2021 Date(s) Chris R ades, Associate Publisher Subscribed in my presence, and sworn to before me this date: November 16, 2021 Notary Cost information Printers Fee $ 15.30 Aff & billing prep fee Notary Fee Copy Fee Additional Affidavits 25% mins discount Total Amount Due $ 15.30