A regular meeting of the Mayor and the City Council of O'Neill was held at the City Hall in said City on the 8th day of July, 2002 at 7:30 P.M.

Present: Mayor William Price, City Attorney Boyd Strope, Deputy City Clerk/Treasurer Janis Fuhrer, Council President Ed Price and Council members; Don Baker, Lauren Hiebner, Vern Jamison, Tim Schneider, Al Vorce and Kevin Shelhamer. Absent: Council member Dwayne Philbrick.

Notice of this meeting was given in advance thereof according to Section 84-1408 of the Revised Statutes of Nebraska. Notice of the meeting was given to the Mayor and all members of the Council and a copy of the acknowledgement of receipt of notice and the agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice. All proceedings hereafter shown

JULY 8, 2002 (CONT'D)

were taken while convened meeting was open to the attendance of the public.

The meeting was called to order by Mayor Price.

Moved by Baker, second by Jamison to waive the reading of
the minutes of June 3rd and June 24th and approve them as if read. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

The Council took no action on the BIG A and scoreboard bids as there were none submitted.

After discussion, moved by Vorce, second by E. Price to rebid for the BIG A in some other resources. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.
Casey's General Store requested approval for a manager's liquor license for Sara Luebbert.

Moved by E. Price, second by Jamison to approve Sara Luebbert for a manager's liquor license. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

Sunmart requested approval for a manager's liquor license for William (B.J.) Lofquest.

Moved by Schneider, second by E. Price to approve William (B.J.) Lofquest for a manager's liquor license. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

Jess Moore, representing Morcomm requested placing a small antenna on the water tower. Morcomm provides high speed wireless internet services. Morcomm currently has an antenna placed at Cargill but would like to be centrally located in the City. Jess stated that the City could receive free high speed wireless internet or have Morcomm pay a monthly rental fee..

City Attorney Strope recommended a short term agreement with a provision that if the antenna needs to be moved, Morcomm would withstand the cost. Morcomm will provide a certificate of insurance listing the City of O'Neill as the beneficiary.

City Attorney Strope will work on a contract with more specific figures and present to the Council at the August meeting.

Cemetery Board Chair Jack Hollenbeck stated that the cemetery has approximately 10-15 years left in terms of capacity. The O'Neill Airport Authority has made a motion to allow the City to use 22 acres north of the Country Club along the county road. The Airport Authority will continue to hay the land until such time as the cemetery starts to use and develop the land.

Moved by Schneider, second by Jamison to approve the utilization of the twenty-two acres of land for cemetery expansion. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

JULY 8, 2002 (CONT'D)

Council member Schneider introduced and moved to adopt Resolution No. 02-12, which is on file with the City Clerk.

RESOLUTION NO. 02-12

OF THE

CITY OF O'NEILL, NEBRASKA

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:
Sec. 1. The subdivision of the following described real estate from its original tract:

Part of Block 7, McCafferty's Annex to O'Neill, Nebraska
A tract of land described as commencing at a point 49.5 feet West of the Southeast corner of the North- east ,Quarter of the Northwest Quarter (NE1/4NW1/4) Of Section Thirty (30) , Township Twenty-Nine (29) North, Range Eleven(11), West of the 6th P.M., Holt County, Nebraska, running thence North 98 feet, thence West 60 feet, thence South 98 feet, thence East 60 feet to the place of beginning, and the following described tract.

A tract of land described as commencing at a point 49.5 feet West and 98 feet North of the Southeast corner of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section thirty (30) Township Twenty-Nine (29) North Range Eleven (11) West of the 6th P.M., Holt County, Nebraska running thence North 15.0 feet; thence running West, 60.16 feet; thence running South 15.0 feet; thence running East 60.17 feet to place of beginning.

A tract of land described as commencing at a point 109.5 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section Thirty (30) , Township Twenty-nine '(29) North, Range eleven (11' West of the 6th P.M., Holt- County, Nebraska, thence running North 98 feet thence West 60.07 feet; thence South 98 feet; thence East 60.15 feet to the place at beginning; and the following described tract,

A tract of land described as commencing at a point 109.5 feet West and. 98.0 feet North of the Southeast corner of the Northeast Quarter of the Northwest Quarter (NE1/4NW 1/4) of Section thirty (30), Township twenty-nine (29) North, Range Eleven (11) West of the 6th P.M., Holt County, Nebraska; thence running North 15.0 feet; thence running West 60.07 feet; thence running South 15.0 feet; thence East 60.07 feet to place of beginning.

Part of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section Thirty (30) , Township Twenty-nine (29) North, Range Eleven (11), West of the 6th P.M., Holt County, Nebraska, described as beginning 98 feet North and 49 1/2 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 30, thence running West 172.75 feet; thence running North 89.85 feet; thence running East 172 1/2 feet; thence running South 90.feet to the place of beginning; excepting the South 15.0 feet of the East 120.24 feet.

is determined to be exempt from the City's subdivision regulations by reason of meeting the requirements of O'Neill Municipal Code Section 9-301 (B).

JULY 8, 2002 (CONT'D)

Sec. 2. The City Clerk is authorized and directed to provide an original of this Resolution for the recordation at the Holt County Register of Deeds Office.
PASSED AND APPROVED this 8th day of July, 2002.

WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)

JANIS FUHRER, DEPUTY CITY CLERK/TREASURER

Second by Hiebner to adopt Resolution 02-12. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

The Council scheduled a public hearing for August 5, 2002 to consider a land donation from Mr. and Mrs. Robert Fisher. The property is located adjacent to the north baseball field of Schaffer Park on Kros Drive.

Park Board member Tom Earley reported that the Board recommends acquiring this property for parking space. Tom will speak with Mr. Fisher regarding the use of the property for the baseball tournament this month.

Tom also reported that the dugout project would not be completed this year. Tom requested the money approved for that project be used for materials and equipment to beautify the fields. Items would include ballpark screen that goes on outside the fence and two homerun/foul ball posts. The goal is to draw in more tournaments to the City.

Moved by Baker, second by Shelhamer to deny the request for the screen and the posts. Roll call vote as follows: Aye; Baker, Price and Shelhamer. Nay: Hiebner, Jamison, Schneider and Vorce. Absent: Philbrick. Motion failed.

Moved by Schneider, second by Jamison to approve the purchase of the screen and two homerun posts. Roll call vote as follows: Aye; Hiebner, Jamison, Schneider and Vorce. Nay: Baker, Price and Shelhamer. Absent: Philbrick. Motion carried.

Moved by Shelhamer, second by Hiebner to deny the Rowse sidewalk variance request. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price and Shelhamer. Nay: Vorce. Absent: Philbrick. Motion carried.

Fire Chief Rod Ludemann reported the need to raise ambulance rates to comply with Medicare requirements, including charging for local miles.

Moved by Schneider, second by E. Price to approve the raise in ambulance rates. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.
JULY 8, 2002 (CONT'D)

Fire Chief Ludemann also reported that Ron Schmit was elected President of the Fire Department and requested approval to add Mike Marvin to the Fire Department roster.

Moved by Baker, second Schneider to approve adding Mike Marvin to the Fire Department. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

Moved by E. Price, second by Schneider to appoint Earl Hipke to the E911 Technical Board Committee. Roll call vote as follows: Aye; Baker, Hiebner, Jamison, Schneider, Price, Vorce and Shelhamer. Nay: None. Absent: Philbrick. Motion carried.

City Attorney Strope summarized the changes to the water and sewer ordinances:

1) basic service rates are now based on line size to become effective October 1, 2002
2) no connection shall be made without approval upon a written application for construction
3) sewer users who are not on City water will all be metered
4) enforcement and uses of deposits

After much discussion, the Mayor recommended not to waive the three readings to allow for public comment.

Council member Shelhamer introduced Ordinance No. 1210, which on file with the City Clerk.

City Attorney Strope read the first reading of Ordinance No. 1210 by title and number.

ORDINANCE NO. 1210

OF THE

CITY OF O'NEILL, NEBRASKA

AN ORDINANCE OF THE CITY OF O'NEILL, NEBRASKA, AMENDING CHAPTER VI, ARTICLE I, REGARDING WATER DEPARTMENT AND CHAPTER VI, ARTICLE II, REGARDING SEWER DEPARTMENT; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF O'NEILL, NEBRASKA, that:

Sec. 1. The following sections of the O'Neill Municipal Code regarding the Water Department are amended as follows:
CHAPTER VI PUBLIC UTILITIES

ARTICLE I ? WATER DEPARTMENT

SECTION 6-101: OPERATION AND FUNDING

The City owns and operates the City Water Department through the Water Commissioner. The Governing Body, for the purpose of defraying the cost of the care, management and maintenance of the City 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 the said tax shall be known as the Water Fund and shall remain in the custody of the City Treasurer. The Water Commissioner shall have the direct management and control of the City Water Department and shall faithfully carry out the duties of his office. The Water Commissioner 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 Governing Body. The Governing Body 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. (Ref. 17-531, 17-534, 19-1305 RS Neb.)

SECTION 6-102: DEFINITIONS

The following definitions shall be applied throughout this Chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.

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 City.

The term "service line" is hereby defined to be any potable water line extending from the main to the meter including corporation cock, shut off valve and box, excluding potable water lines used for fire protection.

The term "consumer" includes user, lessee, customer, person and subscriber and shall be any individual, partnership, company, public or private corporation, political subdivision or agency of the State Department, agency or instrumentality of the United States or any legal entity who utilizes the water service of the City.

The term "owner" includes lessor and record owner, and is hereby defined as any person who has legal title to the property upon which City Water/Sewer Service is connected to. An owner may also be a consumer when directly utilizing the Water/Sewer Service of the City as any consumer. (Amended by Ord. Nos. 456-A, 5/4/76; 913, 8/3/93)

SECTION 6-103: CUSTOMER DEPOSIT

I. Every person or persons desiring a supply of water must make application therefore to the Water Commissioner, filed at the City Office, on forms provided by the Water Commissioner. The
application shall state for what purpose the water shall be used, and the permit issued by the Water Commissioner shall restrict such use to that use which has been applied for. The Water Commissioner shall not issue a permit for water use if the use of such water would violate any other provisions of O'Neill's Municipal Ordinances or rules and regulations of the Nebraska Department of Environmental Quality. Water may not be supplied to any house or private service pipe except upon the order of the Water Commissioner.

II. (A) All new customers (except customers served by the City within the past 12 months and who established satisfactory record of payment for the previous service) shall be required to make a deposit with the City as follows:

SERVICE LINE SIZE COMBINED DEPOSIT

1.0" or less $ 50.00
1.25" $ 222.14
1.5" $ 341.91
1.75" $ 409.14
2.0" $ 512.98
2.25" $ 578.52
2.5" $ 642.67
2.75" $ 709.05
3.0" $ 771.35
4.0" $1,025.92
6.0" $1,538.86

This deposit amount is one amount for water, sewer and/or garbage or any combination of the three.

(B) Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of 12 consecutive months and has not been served with two (2) disconnect notices during such period of time. When supported by facts the Mayor may determine the deposit shall be held for longer period to assure a satisfactory payment record.

(C) The City may offset any customer's deposit at any time during which the customer's account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the customer, or payment of a judgment obtained by the City of O'Neill for any reason either against the property owner or customer, if a different person.

(D) City may use any means available to it by law for collection of a customer's delinquent account in addition to use of their deposit. (Ref. 17-537 RS Neb.) (Amended by Ord. Nos. 843, 8/6/91; 850, 10/1/91; 917, 9/7/93; 924, 2/1/94; 1041, 1/7/97)

SECTION 6-104: SERVICE TO NONRESIDENTS

The City Water Department shall not supply water service to any person outside the corporate limits without special permission from the Governing Body; provided, the entire cost of laying mains, service pipe, and supply pipe shall be paid by the owner. Nothing herein shall be construed to obligate the City to provide water service to nonresidents. (Ref. 19-2701 RS Neb.) (Amended by Ord. No. 913, 8/3/93)

SECTION 6-105: WATER CONTRACT AND CONNECTION

The City shall furnish water to persons within its corporate limits where any part of their property is less than 400 feet from a city water line. It shall be the duty of the Water Commissioner to order all persons owning property, any part of which is less than 400 feet from a city water line, to connect to the City Water System except as set forth herein. The City may furnish water to persons within its corporate limits whose premises are not within 400 feet of a city water line and may also furnish water to persons whose premises are situated outside the corporate limits of the City, as and when 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 owner and the City, to which said contract both consumer and owner are bound. If the consumer or owner shall violate any of the provisions of said contract or any rules and regulations that the Governing Body may hereafter adopt, the Water Commissioner or his/her agent may cut off or disconnect the water service from the building or premise or place of such violation. No further connection for water service to said building, premise or place shall again be made, save or except by order of said Commissioner or his/her agent. It shall be unlawful to construct or maintain any private well within the City limits on property, any part of which is less than 400 feet of a city water line, except when the private well:

(a) Is used for non-household use and there are no cross-connections with any City water line or private water service line; and
(b) Existing wells, not otherwise in violation with any provision of the O'Neill Municipal Code.
(Amended by Ord. Nos. 913, 8/3/93; 934, 6/7/94; 949, 7/5/94)

SECTION 6-106: INSTALLATION PROCEDURE

In making excavations in streets, alleys or sidewalks for the purpose of installing pipe, or making repairs, the paving, 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 are laid, the 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 24 hours or more, the Water Commissioner shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner. All installations or repairs of pipes require two inspections by the Water Commissioner as follow:

First - When connections or repairs are completed and before
the pipes are covered.

Second - After the dirt work is completed and the service is restored.

It is the owner's responsibility to notify the Commissioner at the time the work is ready for each inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed by the Water Commissioner; and reviewed and approved by the Governing Body. (Ref. 17-537 RS Neb.) (Amended by Ord. No. 913, 8/3/93)

SECTION 6-107: INSTALLATION EXPENSE

The expense of providing water service to the premises from the nearest feasible main to the place of disbursement shall be paid by the owner. This expense shall include the installation, pipe, stop box, meter and procuring the services of a plumber and other labor necessary to bring the water service to the place of disbursement. The City, in its discretion, may purchase the corporate cock necessary for installation, but the consumer must reimburse the City for the cost of said equipment.

The City shall complete the actual tapping of the water main and for that service, the owner shall pay a tap fee as set by resolution, due and payable upon application for the necessary building permit, included in the total building permit fee and if a building permit is not necessary, the tap fee shall be due upon applying for water service.

All water meters shall be of a type and model furnished by the City. All premises connected with the water plant and system of the City shall have placed therein a water meter approved by the City. All meters and extensions shall be purchased and set in place at the expense of the owner. Every new building or structure shall have installed therein a new meter or meters. There shall be no used meter brought in and used in the City Water System.

All water meters shall be installed inside the residence building or structure which said connection serves, or in a building or structure which is heated and approved by the City to properly prevent said meter and connection from weather and provide proper maintenance. On any new installation or replacement, there shall be a shutoff valve placed in the water line on each side of the meter, going into and out of said meter. The property owner shall be responsible for loss of meters and for repair and damage of meters as provided in this Article.

An application for water and sewer service or a contract must be signed by the customer and must be on file in the City of O'Neill Water and Sewer Department before any water shall be furnished to any customer. Application blanks shall be available at the City Water Department. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 456-A, 5/4/76; 690, 2/4/86; 913, 8/3/93)

SECTION 6-108: REPAIRS

Repairs to the supply pipe and service pipe, including the corporate cock, shall be made by and at the expense of the owner. In the event the owner should fail or refuse to make such necessary repairs in a reasonable time, the City may make such repair(s) and the Water Commissioner shall bill and collect for the same in the same manner as water rent is collected, including disconnection if necessary. All other repairs to the property of the Water Department, including the meter, shall be made by the City. All water meters shall be kept in repair by the City at the expense of the City. When meters are worn out, they shall be replaced and reset by the City at the expense of the City; provided that if the owner permits or allows a water meter to be damaged, injured or destroyed through his/her own recklessness, carelessness or neglect so that the meter must be repaired or replaced, the Water Commissioner shall bill and collect from the owner the cost of such meter repair or replacement in the same manner as water rent is collected, including disconnection if necessary. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer. All meters shall be tested at the customer's request at the expense of the customer any reasonable number of times; provided that if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the City. The City reserves the right to test any water service meter at any time, and if said meter is found to be beyond repair, the City shall have the right to place a new meter on the customer's water service fixtures at city expense. Should a customer's meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the preceding year; provided that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the Water Commissioner. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 772, 5/2/89; 913, 8/3/93)

SECTION 6-109: FEES AND COLLECTIONS

The Governing Body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the City Clerk. The Water Commissioner shall bill the consumers and collect all money received by the City on the account of the Water Department. He/she shall faithfully account for and pay to the City Treasurer all revenue collected by him/her, taking his/her receipt therefore in duplicate, filing one with the City Clerk and keeping the other on file in the Water Department's official records. (Ref. 17-540 RS Neb.)

SECTION 6-110: RATES

All water customers shall be liable for the basic service rate provided by ordinance unless and until the consumer shall, by written order, direct the Water Commissioner to shut off the water at the stop box, in which case he/she shall not be liable thereafter for water rates until the water is turned on again. The water service rates as adopted by ordinance of the Governing Body are as follows:

SERVICE LINE SIZE BASIC SERVICE RATE

1.0" or less $ 5.00
1.25" $ 18.77
1.5" $ 28.90
1.75" $ 34.57
2.0" $ 43.36
2.25" $ 47.50
2.5" $ 52.75
2.75" $ 58.06
3.0" $ 63.34
4.0" $ 86.68
6.0" $ 130.04

Plus Volume charge for Water Usage $ .70 for each 1,000 gallons used during the billing period.

In the event a change in type of business/use occurs or has occurred since time of installation of the service line and use is 5,000 gallons per month or less the user may be eligible for a reduction in basic service rate and may make written application to the Water Commissioner for reduction of the Basic Service Rate to a line size based on history of usage for a period of at least twelve (12) months. The user may appeal the decision of the Water Commissioner to the O'Neill City Council for final determination. The Water Commissioner may increase the Basic Service Rate if higher usage is later evidenced.

Unmetered connection to City water and use due to new construction is allowed for a period of 60 days. Thereafter a meter shall be installed and the user billed normal rates.

The billing period shall be the interval between meter readings based on a month by month basis but may vary depending on the date of reading of meters. Such period shall not be a period of less than 30 days. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 456-A, 5/4/76; 610, 8/5/82; 613, 10/7/82; 646, 11/1/83; 680, 8/20/85; 808, 6/5/90; 844, 8/6/91; 953, 8/2/94; 995, 8/8/96; 1064, 8/12/97)

SECTION 6-111: WATER BILLS

Water bills shall be due upon receipt and payable monthly at the office of the Water Commissioner or his/her agent. The Water Commissioner or his/her agents shall cause the meters to be read sufficiently in advance of the first of each month to enable the Clerk to send out the bills by the first working day of each month. The Water Commissioner or his/her agent shall charge and collect from each customer for the amount of water consumed since the last examination together with any other charges, properly itemized, due to the Water Department. Bills not paid within 15 days after bills are sent shall be deemed delinquent.

Rental property shall be billed as follows:

A. If the owner has a separate water line and shutoff installed for each rental unit, the owner may elect to have the lessee billed directly by the City. If said lessee has not paid bill within 15 days of receipt thereof, the City shall forthwith notify the owner of said nonpayment and that payment must be received within seven days thereof by owner or lessee, otherwise the City will proceed with collection of the same under the remedies available to it.

B. In the event the owner does not have a separate water line and shutoff for each rental unit, the owner shall be billed and responsible for payment. The amount shall be one line size basic service rate, together with regular rate for amounts used.

Upon being deemed to be delinquent as herein defined, the Water Commissioner shall proceed with collection under any or all of the following remedies provided:

Disconnection as provided herein;
Lien as provided herein; or
Institute a collection lawsuit against owner and/or lessee.

The Water Commissioner shall assess an additional fee set by resolution of the Governing Body and on file at the office of the
City Clerk in the event that water is shut off for the nonpayment of any water bill, to compensate the City for the additional hook-up necessary to again provide water service to the delinquent customer. (Ref. 17-542, 18-416 RS Neb.) (Amended by Ord. Nos. 619, 12/2/82; 688, 1/7/86; 842, 8/6/91; 968, 3/7/95, 995, 8/8/95)

SECTION 6-112: LIEN

In addition to all other remedies, if a customer shall for any reason remain indebted to the City for water service furnished, such amount due, together with any rents and charges 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. The Water Commissioner shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 30 days or more delinquent in the payment of water rent. It shall be the duty of the Water Commissioner to report to the Governing Body a list of all unpaid accounts due for water together with a description of the premise upon which the same was used. The report shall be examined, and if approved by the Governing Body, shall be certified by the City Clerk to the County Treasurer to be collected as a special tax in the matter provided by law. (Amended by Ord. No. 618, 12/2/82)

SECTION 6-113: SINGLE PREMISE

No consumer shall supply water to other consumers, or allow them to take water from his/her premise, nor after water 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 premise for alteration, extension or attachment without the written permission of the Water Commissioner. (Ref. 17-537 RS Neb.)

SECTION 6-114: RESTRICTED USE

The Governing Body or the Water Commissioner 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 fire or other good and sufficient cause. The City 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, when there is a shortage of water due to circumstances over which the City has no control, fire or other good and sufficient cause. (Ref. 17-537 RS Neb.)

SECTION 6-123: RECONNECTION FEE

In the event a user of city water has had service disconnected, there shall be a fee of $25.00 for reconnection of said service if done during working hours and there shall be a fee of $50.00 for reconnection of said service if done outside of regular hours. (Ord. No. 617, 12/2/82) (Amended by Ord. No. 1043, 1/7/97)

SECTION 6-124: SINGLE CONNECTION TO BUSINESS PROPERTY -
MULTIPLE BUSINESSES - REPEALED

SECTION 6-125: WATER LEAKS

Because the customer is responsible for proper care and maintenance of the water meter and all water lines on his/her premises, no adjustments shall be made to any customer's water bill due to water leaks which occur. In the event the Water Commissioner determines the water from the leak did not enter the City's sanitary sewer system, an adjustment may be made in the customer's sewer bill as set out in the Sewer Department Ordinances. (Ord. No. 768, 2/7/89)

SECTION 6-126: BACKFLOW REGULATIONS; PURPOSE

A. To protect the public potable water supply served by the O'Neill Water Department from the possibility of contamination or pollution by isolation, within its customers internal distribution system, such contaminants or pollutants which should backflow or back-siphon into the public water system.

B. To promote the elimination or control of existing cross-connections, actual or potential, between its customers in-plant potable water system and nonpotable system.

C. To provide for the maintenance of a continuing program of cross-connections control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
Sec. 2. The following sections of the O'Neill Municipal Code regarding the Sewe