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2465ORDINANCE NO. 2465 COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 3, ARTICLE 1, SECTION 3 MUNICIPAL OPERATIONS, WATER SERVICE GENERALLY, 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. 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 RICHARD HANSEN, MAYOR ATTEST: 1 (SEAL) STATE OF NEBRASKA ) ) ss: WASHINGTON 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 2 EXHIBIT "A" Chapter 3 MUNICIPAL OPERATIONS Article 1. Water Service Generally Sec. 3-101 MUNICIPAL WATER; OPERATION AND FUNDING. The Municipality owns and operates the Municipal Water Department. The Governing Body, 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. Under the direction of the City Administrator, 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 her or his office. The Governing Body shall set the rates to be charged for water usage by resolution. Said water rates shall be appended to the Municipal Code of the City of Blair by appendix designated "Water Usage Rates" and a copy of said rates shall be kept in the office of the City Clerk of the City of Blair, Nebraska, for public inspection at any reasonable time. (Neb. Rev. Stat. § 16-675, 16-681) (Amended by Ord. No. 1327, 6/8/82) Sec. 3-102 MUNICIPAL WATER; DEFINITIONS. The following definitions shall be applied throughout this Article. Where no definition is specified, the normal dictionary usage of the word shall apply. The definitions are as follows, to -wit: CONSUMER The term "consumer" is hereby defined to be any person, firm or entity who has entered into a water contract with the Municipality in which the Municipality agrees to furnish water to such person, firm or entity within the corporate limits of the Municipality. E -DELIVERY The term "E -delivery" means via email through the City of Blair billing software. MAIN The term "main" is hereby defined to be any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing the same in, the Municipality. SUPPLY PIPE The term "supply pipe" is hereby defined to be any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer's premise where the stop box is located STOP BOX The term "stop box" is hereby defined to be the equipment which is installed at or near the lot line of the consumer's premise used for the purpose of shutting off the water supply to the consumer's premise. The term "stop box" is also commonly referred to as a shut-off, curb stop, or corporation stop. City of Blair Municipal Code Chapter 3, Article 1, page 1 SERVICE PIPE The term "service pipe" is hereby defined to be any pipe extending from the stop box at or near the consumer's lot line to and beyond the lot line of the consumer to the locations on consumer's premise where the water is to be disbursed. SEPARATE PREMISE The term "separate premise" is hereby defined to be more than one (1) consumer procuring water from the same service or supply pipe. The second (2nd) premise may be a separate dwelling, apartment, building, or structure used for a separate business. Sec. 3-103 MUNICIPAL WATER; CONSUMER'S APPLICATION. Every person or persons desiring a supply of water must make application therefor to the City Clerk. The Municipality may require any applicant to make a service deposit in such amount as has been set by the Governing Body and placed on file at the office of the Municipal Clerk. (Neb. Rev. Stat. §16-681) i Sec. 3-104 NHJNICIPAL WATER; SERVICE TO NON-RESIDENTS. Service may be obtained outside of the corporate limits of the City of Blair if the individual desiring such service applies for said service on an individual basis and such application is approved by the Governing Body. The meter for said service shall be located at the City limits and responsibility for the installation, repair and maintenance of all water pipe outside of the City limits to be assumed by the customers served. All materials and installation and repair procedures shall be approved by the Director of Public Works. The expense of and the materials for the installation of the meter and all water pipe and appurtenances necessary. All of said materials and appurtenances shall be conveyed without consideration to the City in return for which the City will assume perpetual maintenance of the water pipe within the City limits. Sec. 3-105 MUNICIPAL WATER; WATER CONTRACT. The Municipality, through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a 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 the 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 Governing Body may see fit to do so. The rules, regulations, and water rates hereinafter named in this Article shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the Municipality, to which said contract both parties are bound. Notwithstanding any provision hereof, the Governing Body may from time to time as deemed necessary increase or decrease the rate charged the consumers. Such adjustment shall in no way affect the contract established hereby. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations, the Director of Public Works or his agent may cut off or disconnect the water service from the building or premise or place of such violation in compliance with Section 3-301. No further connection for water service to said building, premise, or place shall again be.made without an order of said Director or his agent. City of Blair Municipal Code Chapter 3, Article 1, page 2 Sec. 3-106 MUNICIPAL WATER; INSTALLATION PROCEDURE. In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes and supply pipes are laid, the public right of way, streets, alleys, and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of forty-eight (48) hours or more, the Utilities Department may finish or correct the unfinished work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require inspection by the Building Inspector. The inspection shall be made before pipes are covered. It is the consumer's responsibility to notify the Building Inspector at least 24 hours in advance of the time the work is ready for inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation approved by the Governing Body. (Neb. Rev. Stat. §16-681) Sec. 3-107 MUNICIPAL .WATER; REPAIRS. Repairs to the service pipe and stop box shall be made by and at the expense of the consumer. Repairs to any supply pipe with a diameter of one and one half inches or less and the main shall be made by the Municipality. Repairs to any supply pipe with a diameter in excess of one and one half inches shall be made by and at the expense of the consumer. All water meters shall be kept in repair by the Municipality at the expense of the Municipality. When meters are worn out, they shall be replaced and reset by the Municipality at the expense of the Municipality; Provided that if the consumer permits or allows a water meter to be damaged, injured, or destroyed through his own recklessness, carelessness, or neglect so that the water meter must be repaired or replaced, the Director of Public Works shall bill and collect from the consumer the cost of such meter repair or replacement in the same manner as water charges are collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the consumer. All water meters shall be tested at the consumer's request at the expense of the consumer a reasonable number of times; Provided, that if the test shows the water meter to be running two percent (2%) or more fast, the expense of such test shall be borne by the Municipality. The Municipality reserves the right to test any water meter at any time. The Municipality shall have the right to replace the meter on the consumer's water service fixtures at Municipal expense. Should a consumer's meter fail to register properly, the consumer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; Provided, that if no such basis for comparison exists, the consumer shall be charged such amount as may be reasonably fixed by the Director of Public Works. (Neb. Rev. Stat. §16-681) Sec. 3-108 MUNICIPAL WATER; INSTALLATION EXPENSE. The consumer shall employ a licensed plumber and pay the cost of installation and the cost of the supply pipe and the service pipe from the main to the place of disbursement. The cost of the installation of the stop box shall be paid by the consumer. The consumer shall purchase from the City the stop box or shall, before installation, obtain approval of any such items not purchased from the Municipality. The City will provide the meter, and such meter shall remain property of the City. The consumer will pay a tap fee in such sum as is set by the Governing Body and the amount of said fee shalt be appended to the Municipal Code as part of an appendix titled, "Permit, License, and Application Fees." The extension of commercial mains into unsupplied territory, within the corporate limits, may be made City of Blair Municipal Code Chapter 3, Article 1, page 3 by means of water extension districts. (Neb. Rev. Stat. §16-681) (Amended by Ord. No. 1328, 6/8/82) Sec. 3-109 MUNICIPAL WATER; REMOTE READOUTS. All new dwelling units in the City applying for water service shall be required to obtain, from the City, and install remote readout devices. Sec. 3-110 MUNICIPAL WATER; MINIMUM RATES. All water consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Director of Public Works to shut off the water at the stop box, in which case he or she shall not be liable thereafter for water usage and charges until the water is turned on again. (Neb. Rev. Stat. §16-681) Sec. 3-111 MUNICIPAL WATER; WATER BILLS. Water bills shall be due and payable monthly in a manner approved by the Governing Body. The Water Department shall charge each customer for the amount of water consumed since the last meter reading together with any other charges, properly itemized, due the Water Department, and shall collect same from the respective customer. Bills shall be due on the first (1st) day of each month and shall be considered late at the end of the business day (end of business day shall mean 4:30 p.m.) on the tenth (10th) of each month. If the l 0th of the month falls on a holiday or weekend, customers will have until the end of the day on the first business day following the 10th of the month at 4:30 p.m. Bills not paid by the first business day following the 10th of month of each month shall be deemed delinquent. After the next business day following the 10th of the month (if the 10th falls on a weekend or a holiday), the bill is delinquent and is subject to a 15% upcharge, which is printed on each bill as "Gross Bill." Upon being deemed delinquent, as herein defined, the disconnection procedure set out in Section 3-301 shall be commenced. Sec. 3-112 MUNICIPAL WATER; LIEN. In addition to all other remedies, if a customer or a landlord of a rental, or owner of a property, shall for any reason remain indebted to the Municipality for water service furnished, such amount due, together with charges in arrears, shall be considered a delinquent water charge which is hereby declared to be a lien upon the real estate for which the same was used. Such lien shall be assessed against the real estate and collected in the manner provided in and pursuant to the requirement of Sec. 16-682 RRS Neb. as it now exists or as it may be amended in the future. (Neb. Rev. Stat. § 16-682) Sec. 3-113 MUNICIPAL WATER; SINGLE PREMISE. No consumer shall supply water to a separate premise or allow anyone to take water from his or her premise. 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. (Neb. Rev. Stat. § 16-682) Sec. 3-114 MUNICIPAL WATER; RESTRICTED USE. The Governing Body may order a reduction in the use of water or shut off the water on any premise in the event of.a water shortage due to any good and sufficient cause. The Municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over ,which the City of Blair Municipal Code Chapter 3, Article 1, page 4 Municipality has no control. Sec. 3-115 MUNICIPAL WATER; FIRE HYDRANTS. All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief; or members of the Water Department to open or attempt to open any of the hydrants and draw water from the same, or in any mamler to interfere or tamper with the hydrants. Sec. 3-116 MUNICIPAL WATER; POLLUTION. It shall be unlawful for any person to pollute or attempt to pollute the source of water for the supply of or any part of the Municipal Water System. Sec. 3-117 MUNICIPAL WATER; MANDATORY HOOK-UPS. All persons within three hundred (300) feet of a water main shall be required, upon notice of the Governing Body to hook-up with the Municipal Water System. Sec. 3-115 MUNICIPAL WATER; WATER SERVICE CONTRACTS. Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and make a new contract. If any consumer shall move from the premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he shall at once inform the Water Department who shall cause the water service to be shut off at the said premise. If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premise until the Water Department is otherwise advised of such circumstances. Sec. 3-119 MUNICIPAL WATER; INSPECTION. The Director of Public Works, or his or her duly authorized agents, shall have free access, at any reasonable time, to all parts of each premise and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water. Nothing in this section shall be construed as requiring the department to make the inspections or relieve the customer from any charges for water which may be occasioned by a leak or waste of water. Sec. 3-120 MUNICIPAL WATER; DESTRUCTION OF PROPERTY. 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. Sec. 3-121 MUNICIPAL WATER; LICENSED PLUMBER. It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes or appurtenances of the Municipal Water System or to make any connection with or extension of the supply pipes of any consumer taking water from the said system until such plumber or pipefitter shall have first procured a license and permit from the Municipality. All plumbing shall be done in the manner required by the Governing Body. The said Licensed Plumber shall beat all times subject to the inspection and approval of the Building Inspector and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work. Any pipe, solders, or flux used in the installation. or repair of any City of Blair Municipal Code Chapter 3, Article 1, page 5 residential or non-residential facility which is connected to the water supply system shall be lead free. For the purposes of this section lead free shall mean: 1. Solders and flux - not more than two-tenths (.2%) percent lead, and 2. Pipe and pipe fittings - not more than eight (8%) percent lead. (Neb. LB 383, Nebraska State Legislature.) See. 3-122. MUNICIPAL WATER; UNSAFE PHYSICAL CONNECTION TO WATER DISTRIBUTION SYSTEM; PROHIBITED; POTENTIAL BACK FLOW HAZARDS; CUSTOMER ASSESSMENT. No customer or other person shall cause, allow, or create any physical connection between the municipal water distribution system and any pipes, pumps, hydrants, tanks, steam condensate returns, engine jackets, heat exchangers, other water supplies or any other connection whereby potentially unsafe or contaminating materials may be discharged or drawn, into the municipal water system. At least one time every five (5) years, customers of the municipal water distribution and supply system shall be required to assess and report potential back flow and back siphonage hazards to the Municipality on a form supplied by the Municipality to the customer. The customer shall take any steps necessary for protection of public health and safety as determined by the Director of Public Works. See. 3-123 MUNICIPAL WATER; BACK FLOW PREVENTION DEVICES REQUIRED; MUNICIPAL INSTALLATION AND MAINTENANCE; TESTING. A customer of the Municipal Water Department may be required by the Director of Public Works to install and maintain a properly located back flow prevention device at the customer's expense appropriate to the potential hazards set forth in Title 179, Nebraska Department of Health. The Director of Public Works shall require the application based on his opinion of whether such installation will protect the municipal water distribution system from potential back flow and back siphonage hazards. Such customer shall annually certify to the Municipality that the back flow prevention device has been properly tested and is functioning properly. Any decision of the Director of Public Works requiring installation and maintenance of a back flow prevention device may be appealed to the City Council. The installation of a properly located back flow prevention device shall be installed at the time any new meter is installed or at the time any existing meter is replaced. Sec. 3-124. MUNICIPAL WATER; BUDGET PLANS. Budget Plans are available for customers upon request and approval of the Utilities Department. Budget Plans shall cover the monthly cost of water and sewer utilities. Budget Plans shall be calculated on an annual basis. Budget Plans are not allowed extensions for nonpayment. Budget Plans are subject to the Disconnect Procedure as outlined in 3-306. City of Blair Municipal Code Chapter 3, Article 1, page 6 (END OF SECTION) City of Blair Municipal Code Chapter 3, Article 1, page 7 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 Rho es, 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