City of
WAYNE,
NEBRASKA
__________
*Cross references: Administration,
ch. 2; Buildings and Building Regulations, ch. 18; Electrical Code, § 18-81 et
seq.; Plumbing Code, § 18-181 et seq.; Businesses, ch. 22; Environment, ch. 34;
Health and Sanitation, ch. 42; Solid Waste Management, ch. 66; Streets, Sidewalks
and Other Public Places, ch. 70; Subdivisions, ch. 74.
State law references: Public
utilities, R.R.S. 1943, § 18-401 et seq.
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Article I. In General
Sec. 82-1. Meters generally.
Secs. 82-2--82-30. Reserved.
Article
II. Utilities Disconnection
Sec. 82-31. Notice procedure.
Sec. 82-32. Request for conference.
Sec. 82-33. Appeal.
Sec. 82-34. Third-party notice.
Sec. 82-35. Applicability.
Sec. 82-36. Diversion of services.
Secs.
82-37--82-70. Reserved.
Article
III. Electrical System
Sec. 82-71. Ownership.
Sec. 82-72. Contracts and terms.
Sec. 82-73. Consumer's application.
Sec. 82-74. Electrical service contracts.
Sec. 82-75. Installation expense.
Sec. 82-76. Meters.
Sec. 82-77. Fees and collections.
Sec. 82-78. Minimum rates.
Sec. 82-79. Service deposit fund.
Sec. 82-80. Restricted use.
Sec. 82-81. Building moving.
Sec. 82-82. Posting signs.
Sec. 82-83. Common regulations.
Secs.
82-84--82-120. Reserved.
Article
IV. Water System
Division
1. Generally
Secs. 82-121--82-141. Reserved.
Division
2. Water Division
Sec. 82-142. Operation and funding.
Sec. 82-143. Definitions.
Sec. 82-144. Consumer's application.
Sec. 82-145. Water contract.
Sec. 82-146. Installation procedure.
Sec. 82-147. Supply and service pipes; stopboxes;
installation expense.
Sec. 82-148. Supply lines, service lines and stopboxes;
replacement and repair.
Sec. 82-149. Water meters; installation expense.
Sec. 82-150. Water meters; replacement and repair.
Sec. 82-151. Water meters; access.
Sec. 82-152. Approval.
Sec. 82-153. Meter testing.
Sec. 82-154. Ownership.
Sec. 82-155. Definitions.
Sec. 82-156. Residential and commercial rates.
Sec. 82-157. Special water use.
Sec. 82-158. Special use application.
Sec. 82-159. Meters and billing.
Sec. 82-160. Special use water rate.
Sec. 82-161. Minimum rates.
Sec. 82-162. Meters; billing.
Sec. 82-163. Lien.
Sec. 82-164. Single premises.
Sec. 82-165. Restricted use.
Sec. 82-166. Fire hydrants.
Sec. 82-167. Pollution.
Sec. 82-168. Mandatory hookup.
Sec. 82-169. Hookup fee.
Sec. 82-170. Water service contracts.
Sec. 82-171. Inspection.
Sec. 82-172. Police reports.
Sec. 82-173. Destruction of property.
Sec. 82-174. Licensed plumber; permit required.
Sec. 82-175. Trailer courts.
Secs.
82-176--82-185. Reserved.
Division
3. Groundwater Management
Sec. 82-186. Purpose.
Sec. 82-187. Definitions.
Sec. 82-188. Preference.
Sec. 82-189. Wells prohibited.
Sec. 82-190. Registration.
Sec. 82-191. Permit application.
Sec. 82-192. Permit fees.
Sec. 82-193. Hearing.
Sec. 82-194. Violations.
Sec. 82-195. Remedies.
Sec. 82-196. Emergency restrictions.
Sec. 82-197. Use of water during fire.
Sec. 82-198. Water use restrictions.
Sec. 82-199. Turning off water for failure to observe
restrictions.
Sec. 82-200. Designating a wellhead protection area.
Sec. 82-201. Drilling and operation of wells and other
underground facilities or contaminating facilities without permit unlawful.
Sec. 82-202. Utilizing the geothermal properties of the
ground.
Sec. 82-203. Procedure to obtain permit.
Sec. 82-204. Drilling or installation of other facilities
within designated distance from municipal water sources is prohibited.
Sec. 82-205. Penalties and abatement procedure.
Secs.
82-206--82-210. Reserved.
Division
4. Backflow Prevention
Sec. 82-211. Title.
Sec. 82-212. Definitions.
Sec. 82-213. Responsibility.
Sec. 82-214. Policy and purpose.
Sec. 82-215. Surveys and investigations.
Sec. 82-216. Where protection is required.
Sec. 82-217. Type of protection required.
Sec. 82-218. Backflow prevention devices.
Sec. 82-219. Booster pumps.
Sec. 82-220. Yard hydrants.
Sec. 82-221. Fire suppression system.
Sec. 82-222. Violations.
Sec. 82-223. Approval standards.
Sec. 82-224. Liability claims.
Secs.
82-225--82-260. Reserved.
Article
V. Sewer System
Sec. 82-261. Operation and funding.
Sec. 82-262. Definitions.
Sec. 82-263. Sewer contract.
Sec. 82-264. Service contracts.
Sec. 82-265. Installation expense.
Sec. 82-266. Repairs and maintenance.
Sec. 82-267. Classification.
Sec. 82-268. Rate setting.
Sec. 82-269. Rates.
Sec. 82-270. Service deposit.
Sec. 82-271. Fees and collections; user charge review;
special assessments.
Sec. 82-272. Manholes.
Sec. 82-273. Service to nonresidents.
Sec. 82-274. Use of public sewers required.
Sec. 82-275. Private sewage disposal.
Sec. 82-276. Building sewers and connections; permits.
Sec. 82-277. Use of the public sewers.
Sec. 82-278. Protection from damage.
Sec. 82-279. Powers and authority of inspectors.
Sec. 82-280. Penalties.
Sec. 82-281. Repairs and replacement.
Secs.
82-282--82-310. Reserved.
Article
VI. Natural Gas
Sec. 82-311. Definitions.
Sec. 82-312. Municipal authority and power.
Sec. 82-313. Rates; reasonable.
Sec. 82-314. Rate schedules.
Sec. 82-315. Rate area; notice.
Sec. 82-316. Interim rates.
Sec. 82-317. Filing; notice.
Sec. 82-318. Supply-cost-adjustment; review.
Sec. 82-319. Rate filing; fee; appeal.
Sec. 82-320. Rate filing; information required.
Sec. 82-321. Cost of service; determination.
Sec. 82-322. Base year; rejection.
Sec. 82-323. Supplemental information.
Sec. 82-324. Rate increase; notice to public.
Sec. 82-325. Report; rebuttal; hearing; judicial review.
Sec. 82-326. Loan fund; applicants.
Sec. 82-327. Review and adjustment.
Sec. 82-328. Civil procedure.
Sec. 82-329. Records; accurate.
Sec. 82-330. Customers; right to appear at hearing.
Sec. 82-331. Retroactive application prohibited.
Sec. 82-332. Rate schedule, monthly charge; heat value,
basis of; adjustment; penalty for delinquency; adjustment for cost of purchased
gas and taxes.
All utility meters which measure a utility provided by the city
shall be furnished and set by the city. Only approved meters shall be installed
and used by customers. Meters shall be and remain the property of the city. The
customer shall keep all meters clean and in good repair at the expense of the
customer. The owner or tenant of the premises where a meter is located shall
provide ready and convenient access to the meter so it might be easily examined
and read by appropriate city personnel. The city reserves the right to test
utility meters at any time and if it is found to be beyond repair, the city
shall have the right to place a new meter at the city's expense.
Secs. 82-2--82-30. Reserved. (return to ch. 82)
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*State law references: Delinquent
water charges, R.R.S. 1943, § 16-682; denial or discontinuance of utility
service, R.R.S. 1943, § 70-1601 et seq.
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(a) The city shall
have the right to discontinue services and remove its properties if the charges
for such services are not paid within 13 days after the date that they become
delinquent. Before any termination, the city clerk shall first give notice by
first class mail or in person to any domestic subscriber whose service is
proposed to be terminated. If notice is given by first class mail, such mail
shall be conspicuously marked as to its importance. Service shall not be
discontinued for at least seven days. As to any subscriber who has previously
been identified as a welfare recipient to the city by the department of social
services, such notice shall be by certified mail; and notice of such proposed
termination shall be given to the department of social services.
(b) The notice shall
contain the following information:
(1) The reason for the
proposed disconnection;
(2) A statement of the
intention to disconnect unless the domestic subscriber either pays the bill or
reaches an agreement with the city regarding payment of the bill;
(3) The date upon which
service will be disconnected if the domestic subscriber does not take
appropriate action;
(4) The name, address and
telephone number of the employee or department to whom the domestic subscriber
may address an inquiry or complaint;
(5) The domestic subscriber's
right, prior to the disconnection date, to request a conference regarding any
dispute over such proposed disconnection;
(6) A statement that the city
may not disconnect service pending the conclusion of the conference;
(7) A statement to the effect
that disconnection may be postponed or prevented upon presentation of a duly
licensed physician's certificate which shall certify that the domestic
subscriber or resident within such subscriber's household has an existing
illness or handicap which would cause such subscriber or resident to suffer an
immediate and serious health hazard by the disconnection of the utility's
service to that household; which certificate shall be filed with the city clerk
within five days of receiving notice under this section and will prevent the
disconnection of the city's services for a period of 30 days from such filing;
however, only one postponement of disconnection shall be allowed under this
subsection for each incidence of nonpayment of any due account;
(8) The cost that will be
borne by the domestic subscriber for restoration of service;
(9) A statement that the
domestic subscriber may arrange with the city for an installment payment plan;
(10) A statement to the
effect that 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; and
(11) Any additional
information not inconsistent 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
with a written statement that sets forth the reasons for the dispute and the
relief requested. If a statement has been made by the subscriber, a conference
shall be held before the city may discontinue services.
(Code 1974, § 3-801)
State law references: Similar
provisions, R.R.S. 1943, § 70-1606.
(a) Upon notice to the
employee designated by the city of any request for a conference by a domestic
subscriber, the employee shall:
(1) Notify the domestic
subscriber, in writing, of the time, place and date scheduled for the
conference; and
(2) Hold a conference within
14 days of the receipt of the domestic subscriber's request. Such conference
shall be informal and not governed by state rules of evidence. If the employee
determines at the conference that the domestic subscriber did not receive
proper notice or was denied any other right afforded under this article, the
employee shall recess and continue the conference at such time as the
subscriber has been afforded his rights. Failure of a domestic subscriber to
attend a scheduled conference shall relieve the city of any further action
prior to the discontinuance of service. If a domestic subscriber shall contact
the city prior to the scheduled conference and demonstrate that failure to
attend was for a legitimate reason, the city shall make a reasonable effort to
reschedule the conference.
(b) The employee of
the city shall, based solely on the evidence presented at the conference,
affirm, reverse or modify the city's decision which involves a disputed bill
which results in a threatened termination of utility service. The employee
shall allow termination of utility service only as a measure of last resort
after the utility shall have exhausted all other remedies less drastic than
termination.
(Code 1974, § 3-802)
State law references: Similar
provisions, R.R.S. 1943, §§ 70-1610, 70-1611.
Any domestic subscriber may appeal an adverse decision of the
employee to the council, who shall by resolution establish a hearing procedure
to resolve utility bills appealed by domestic subscribers. The procedure shall
be in writing and a copy of such procedure shall be furnished upon the request
of any domestic subscriber. Such appeal shall be filed with the council within
the time specified in the procedures established. Nothing in this article shall
prohibit the council from providing such additional stages of appeal as it may
deem appropriate.
(Code 1974, § 3-803)
State law references: Similar
provisions, R.R.S. 1943, § 70-1612.
The city shall provide a third-party notice procedure for the
notification of a designated third party of any proposed discontinuance of
service, and shall advise its subscribers, including new subscribers, of the
availability of such procedure.
(Code 1974, § 3-804)
State law references: Similar
provisions, R.R.S. 1943, § 70-1607.
This article shall not apply to any disconnections or
interruptions of services made necessary by the city for reasons of repair or
maintenance or to protect the health or safety of the domestic subscriber or of
the general public.
(Code 1974, § 3-805)
State law references: Similar
provisions, R.R.S. 1943, § 70-1615.
(a) Definitions.
The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Bypassing means the act of attaching, connecting,
or in any manner affixing any wire, cord, socket, motor, pipe or other
instrument, device or contrivance to the
