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All ordinances or parts of ordinances in conflict herewith are hereby repealed.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