The City owns and operates the City Water System through the Department of Utilities. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal Water System 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 Director of Finance. The Utility General Manager shall have the direct management and control of the City Water System and shall faithfully carry out the duties of its office. The Utility and Infrastructure Board, through the Utility General Manager, shall make recommendations to the City Council, and the City Council shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water System. The City Council 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.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

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

Main. The term "main" is hereby defined to be any pipe other than a supply or service pipe used for the purpose of carrying water to or distributing it in the City or environs.

Meter rate. The term "meter rate" is hereby defined to be the rate or price to be charged for water, based upon the quantity of water consumed on any premises as measured by a water meter, or estimated where the meter has been taken out for repair or not in working order, or for any other reason requiring an estimate to be made. This estimate shall be made on the basis of the water consumed for one (1) year prior to the estimated bill.

Service. The term "service" is hereby defined to be collectively a supply pipe and a service pipe and all associated fittings and appurtenances.

Service pipe. The term "service pipe" is hereby defined to be any pipe, fittings and appurtenances which extend beyond the curb cock or valve which terminates the supply pipe.

Stub-in. The term "stub-in" is hereby defined to be a supply pipe which is installed to or for a property, but which has no service pipe connected to it. Stub-ins are generally installed immediately prior to the paving of the street in which the main is located and before the property involved needs a water service.

Supply pipe. The term "supply pipe" is hereby defined to be any pipe tapped into a main and extending thence to the curb line of the street and including the curb cock or valve; and when used in reference to a fire system shall mean the pipe extending from the main to the wall of the building.

(Ord. No. 5401, 5-30-17)

Every person desiring a supply of water from the City shall make application to the Department of Utilities for the same. Each applicant shall have the water service installed by a licensed plumber, the cost of which shall be borne by the applicant.

Not more than one (1) residence shall be supplied through one (1) meter, and each water service shall be provided with an outside accessible standard curb cock with box of a design approved by the Department of Utilities. All fractions of a month shall be charged and considered as provided in section 3-118. No water will be furnished except through a meter furnished by the Department of Utilities. Each lot containing an attached single family dwelling unit must be provided with an individual connection to the main. Splitting a single service connection to serve multiple individual single family lots is not allowed.

(Ord. No. 5534, § 1, 7-14-20)

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 City, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that may hereafter be adopted, the City Council or its 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 City Council or its agent.

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. In the event that any street or alley must be closed for the excavations to be made, the Police and Fire Departments shall be notified prior to closing. 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 and supply 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 twenty-four (24) hours or more, the Utility General Manager shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require an inspection by the Department of Utilities. The inspection shall be made when connections or repairs are completed and before the pipes are covered. It is the customer's responsibility to notify the Department 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 for such installation recommended by the Utility and Infrastructure Board; provided that the said rules, regulations, and specifications have been reviewed and approved by the Utility General Manager and City Council.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

Either copper or galvanized iron service pipe may be used at the option of the applicant for City water. All copper or iron pipe shall have sufficient strength to sustain a pressure of not less than two hundred (200) pounds to the square inch, and at the point of connection between the corporation cock and supply pipe there shall be a copper gooseneck bend, not less than eighteen (18") inches in length, to protect the corporation cock from any strain from expansion or otherwise. All taps and connections from the water main shall be made by the Department of Utilities or under its supervision, and all expense thereof shall be paid by the applicant.

The City Council may grant a variance to the above to permit two hundred (200) p.s.i. plastic pipe to be substituted for the copper or iron pipe if:

(1)

The service length exceeds five hundred (500) feet;

(2)

Copper or iron pipe is used from the public main to the meter pit which shall be near the public right-of-way on private property;

(3)

Copper or iron pipe is used from the building being served toward the main for at least twenty (20) feet; and,

(4)

The meter pit shall conform to the standard recommended by the Utility and Infrastructure Board and Utility General Manager, and established by the City Council.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

All supply pipe shall be laid as much under the surface of the ground as the main in the street, in compliance with the rules and regulations of the City Council, and in all cases be so protected as to prevent rupture by freezing. Where, in the opinion of the Department of Utilities, the character of the soil is such as to be corrosive to iron supply pipe, steps shall be taken to minimize corrosion of the pipe.

Every service pipe shall be snaked in the ditch to allow not less than one (1') to one and a half (1 ½') feet extra length, and in such manner as to prevent rupture by settling.

(Ord. No. 5401, 5-30-17)

Every service pipe shall be provided with a stop and waste cock for each consumer, easily accessible and so situated that the water can be conveniently shut off and drained from the pipes. Stopcocks shall be of such pattern as shall be recommended by the Utility and Infrastructure Board and Utility General Manager and approved by the City Council, and shall be kept in workable condition.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

Unless otherwise permitted, curb cocks shall be placed in the supply pipe on the outside edge of the sidewalk, and protected by a box of iron pipe reaching from the top of the curb cock to the surface, of suitable size to admit a stop key for turning on and off; also, with a cast iron cover having the letter "W" marked thereon, visible and even with the sidewalk, which shall be kept visible at all times.

Before any excavation for the laying or repairing of water pipes is made in the paved streets or alleys of the City, the plumber doing such work shall obtain from the City Clerk a fixed charge per square foot of open trench, as set by the City Engineer, of the cost of refilling such excavation, and the replacing of pavement to its original condition, and shall deposit such amount with the City Clerk who shall deliver to him a permit for making such excavation. The replacing of pavement and filling of trenches shall be done by the Street Department of the City at the charge set by the City Engineer for such work. No tunneling under the pavement will be permitted, but boring for water service will be allowed. The plumber obtaining a permit shall be held responsible on his bond for all damages of any description that may be caused by the neglect or default on the part of such plumber.

No person shall make any excavation in any street or highway within six (6) feet of any laid water pipe while the ground is frozen or dig or uncover so as to expose to the frost any water pipe of the City except under the direction of the Utility General Manager or designee.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

All interconnections with the water system of the City shall be made in a manner which shall conform with the requirements of the State of Nebraska or the United States Public Health Service.

There shall be a ninety (90°) degree ell placed in one (1) side of the piping to the water meter, to permit the meter to be removed without placing strain on the piping. All piping, fittings, valve and fixtures shall be designed for a standard working pressure of one hundred twenty-five (125) pounds per square inch.

The Department of Utilities shall furnish a meter of proper size and a remote readout on such meter for each new water service; provided, that the applicant for such water service has met all requirements of the Department of Utilities. When requested, water meters may be rented by negotiation with the Department of Utilities. Each water meter shall, at all times, be located where it is readily assessable to personnel of the Department of Utilities. Whenever a meter is not readily accessible, the owner of the property involved shall be responsible for complying with this regulation at the owner's expense.

Before any water meter is set or installed, approval thereof shall be obtained from the Department of Utilities. Each water meter shall be installed with proper meter unions. All water used for construction purposes shall be metered.

When for any reason a water service or a stub-in to or for a particular property is abandoned, the owner of the property shall promptly have such service shut off at the corporation cock at the main and have any branch sealed and capped under the direction of the Department of Utilities. If, in the opinion of officials of the Department of Utilities, the owner does not comply with this regulation within a reasonable time, such service shall be shut off by the Department of Utilities and all expense connected therewith shall be chargeable against the property and shall be paid by the owner.

Every person taking water supplied through the water system of this City shall permit the Department of Utilities or its duly authorized agent, at all reasonable hours of the day, to enter his premises or buildings to read meters or to remove meters for repairs or inspection, or to examine the pipes and fixtures and the manner in which water is used, and shall at all times, frankly and without concealment, answer all questions relative to the consumption of water.

The owner of property taking City water shall keep his own service, curb cocks, stop boxes, meter pits, and all other associated apparatus in good repair and safe working order; and shall be responsible for damage to meters caused by fire, hot water, frost, overload, or any other damage except ordinary wear. All hot water tanks and other apparatus shall be designed to withstand the maximum fire pressure supplied by the Department of Utilities.

Whenever there is a water leak from a service pipe or a supply pipe or associated fittings or appurtenances to or for a particular property, the owner shall promptly have such service repaired or shut off at the corporation cock at the main. If, in the opinion of officials of the Department of Utilities, the owner does not comply with this regulation within a reasonable time, such service shall be shut off by the Department of Utilities and all expense connected therewith shall be chargeable against the property and shall be paid by the owner.

All expense from water service or from water mains shall be borne by the applicant for water service. The City Council shall by ordinance fix rate charges for water consumed by customers, minimum bills, the amount of deposit as a guarantee for the payment of bills and all other fees or charges for service rendered by the Water System.

All water shall be measured by meter; bills shall be paid monthly; and the customer will, in all cases, be held responsible and be required to pay for water used at such premises. The amount of water used will determine the price payable each month.

All fractions of a month shall be charged and considered as a full month. Monthly usage is determined to the nearest hundred cubic feet. In cases of multiple connections to separate buildings on one (1) master meter, the minimum monthly charge shall not be less than the sum of the applicable minimums listed for each connection off the one (1) master meter.

All officers of the water system are prohibited from allowing credit. The Department of Utilities shall shut off water from any premises in compliance with the disconnection procedures described in section 3-901.

Water will not be turned on into any house or private service pipe except upon the recommendation of Department of Utilities and order of the Utility General Manager or its duly authorized agent, or until an occupancy permit has been issued. When the water has been turned off from any consumer of City water, he shall not turn it on or permit it to be turned on without the consent of the Department of Utilities. The Utility and Infrastructure Board and the Utility General Manager shall recommend and the City Council shall determine the fee for such services.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

Where service pipe is intended to supply two (2) or more distinct tenants, and where only one (1) stop is used, the person controlling the same shall pay the water charge of all parties who are thus supplied, as separate bills will not be made.

All water consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Department of Utilities to shut off the water at the stop box, in which case he shall not be liable thereafter for water charges until the water is turned on again.

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 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. The City Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are sixty (60) days or more delinquent in the payment of water charges.

The Utility General Manager or the City Council upon the recommendation of the Utility and Infrastructure Board 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 or when there is a shortage of water due to circumstances over which the City has no control.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

All hydrants for the purpose of extinguishing fires, except private hydrants located on private property, 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 their designated representative; or authorized employees of the Department of Utilities in any manner to interfere with the hydrants.

Any consumers of water, wishing to lay large pipes with hydrants and hose couplings to be used only in case of fire, will be permitted to connect with the mains at their expense, but only under the direction of, and after approval by the Utility General Manager of the layout and materials used. All materials used shall be compatible with those normally used by the Department of Utilities.

It shall be the responsibility of the owner of the property served to maintain such private fire connections, including all associated apparatus, in good repair and safe working order. Upon request, the Department of Utilities will inspect and/or repair such private hydrants, charging fees as recommended by the Utility and Infrastructure Board and established by the City Council.

The use of water from such private lines and hydrants will be metered and subject to rates and fees recommended by the Utility and Infrastructure Board and established by the City Council. Any other use of water from such fire lines or hydrants without being properly metered shall not be allowed.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Municipal Water System, or to inject the same into the distribution system.

All persons within three hundred (300) feet of a water main shall be required, upon notice by the City Council, to hook-up with the Municipal Water System.

Any person wishing to change from one (1) location to another shall make a new application. 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 Department of Utilities who shall cause the water service to be shut off at the said premise. If the consumer should fail to give such notice, he shall be charged for all water used on the said premise until the Department of Utilities is otherwise advised of such circumstances.

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 System. 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 without the permission of the Department of Utilities.

All taps or plumbing work done on or to the Municipal Water System shall be done at reasonable hours, except in the case of emergencies or in cases where special arrangements have been made.

The Department of Utilities is hereby authorized to sell water service to persons outside the corporate limits of the City and shall charge such persons the rates, charges, fees, deposits, connection fees and minimum bills as are required by resolution of the City Council and further, such persons shall pay any cost or expense incurred by the Department of Utilities beyond the City's corporate limits in providing the means for such water service. No water service will be provided to residents outside the corporate limits of the City who are eligible for annexation, without the recommendation of the Utility and Infrastructure Board and the approval of the Mayor and City Council.

Residents outside the corporate limits of the City who are not eligible for annexation may request water service and, at their discretion, the Mayor and City Council may grant such service.

At the time any request for service is made by residents living outside the City limits, each shall sign an agreement with the City to annex when eligible. Refusal to annex when eligible would be grounds for the City to discontinue such service.

(Ord. No. 5401, 5-30-17)

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing the System in accordance with the provisions of this Article.

While performing the necessary work on private properties referred to in section 3-132 above, the Department of Utilities or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the inspections, except as such may be caused by negligence or failure of the company to maintain safe conditions as required.

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Water System lying within said easement. No permanent buildings, trees, retaining walls, nor loose rock walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses or rights. The City may remove part or all of the above if necessary to perform its duties at the owner's expense. Variances to this section may be made by resolution of the City Council.

No well or sump pump or series of wells or sump pumps installed for the purpose of dewatering groundwater or groundwater seepage from a basement shall be installed and discharged into a surface drainage system or storm sewer in the City of Fremont if said well(s) or sump pump(s) exceeds the pumping capacity of twenty-five (25) gallons per minute in aggregate for any one (1) property.

The City Council may, upon application of the property owner, approve a dewatering well(s) or sump pump(s) for a specific property in excess of twenty-five (25) gallons per minute if it is determined that said approval will not jeopardize the capacity of the storm sewer system for handling stormwater runoff.

This regulation shall not apply to dewatering wells for public improvement projects or for emergency repairs to private sanitary sewer or water service.

It shall be unlawful to allow any dewatering well or sump pump to discharge into a City Street when the ambient temperature is below thirty-five (35°) degrees Fahrenheit unless City Council approval is received.

(a)

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, wells or other water supplies or any other connection whereby potentially unsafe or contaminating materials may be discharged or drawn into the Municipal Water Distribution System.

(b)

The customer shall be responsible to cause all backflow, backpressure or back-siphonage protection devices equipped with test ports to be tested as often as required by the Utilities, but at least upon initial installation, when repaired, and once each year. All tests shall be done by a Backflow Preventer Test and Repair Technician, Grade VI Water Supply Operator, certified by the State of Nebraska Department of Health. Test results shall be forwarded to the Department of Utilities Water and Sewer Systems Superintendent on standard reporting forms. The test report shall be signed by the certified tester, attesting to proper backflow preventer operation. Devices equipped with test ports and installed on lawn sprinkling systems which are supplied with water from a service line equipped with a backflow, backpressure or back-siphonage detection device shall be tested upon initial installation, replacement of integral parts, and every fifth year thereafter.

(c)

At least one (1) time every five (5) years, customers of the Municipal Water Distribution and Supply System shall be required to assess and report potential backflow and back-siphonage hazards to the City on a form supplied by the City to the customer.

(d)

Enforcement of these provisions shall be carried out in accordance with the "Cross Connection - Backflow Prevention" rules and regulations promulgated by the Department of Utilities, recommended by the Utility and Infrastructure Board and adopted by the City Council, and hereby adopted by reference.

(Ord. No. 5401, 5-30-17)

The City owns and operates the Municipal Sewerage System through its Department of Utilities. The City Council, for purpose of defraying the cost of the operation, maintenance and replacement (OM&R) of the Municipal Sewerage System may establish a user charge system based on actual use and revise the charges, if necessary, to accomplish the following:

(1)

Maintain the proportional distribution of operation, maintenance and replacement (OM&R) costs among users and user classes;

(2)

Generate adequate revenues to pay the costs of OM&R; and

(3)

Generate revenues to pay the costs for capital expenditures and debt service.

The revenue from the said user charge system based on actual use shall be known as the Sewerage System Fund. The Utility General Manager shall have the direct management and control of the Sewerage System and shall faithfully carry out the duties of its office. The Utility and Infrastructure Board shall have the authority to recommend rules and regulations for the sanitary and efficient management of the Sewerage System subject to the supervision, review and approval of the City Council.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

Biological Oxygen Demand. The term "Biological Oxygen Demand" (BOD) shall mean and include the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees C., expressed in milligrams per liter.

Building or House Drain. The term "Building Drain" and "House Drain "shall mean and include that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

Building Sewer. The term "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

City. The term "City" shall mean the City of Fremont, Nebraska.

Combined Sewer. The term "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

Easement. The term "Easement" shall mean an acquired legal right for the specific use of land owned by others.

Floatable Oil. The term "Floatable Oil" shall mean oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Garbage. The term "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, sale and serving of foods.

Industrial Wastes. The term "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic or sanitary wastes.

May. The term "May" is permissive; the term "Shall" is mandatory.

Natural Outlet. The term "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

Person. The term "Person" shall mean any individual, firm, company, association, society, corporation, or group.

pH. The term "pH" shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.

Pretreatment. The term Pretreatment means the treatment of wastes to remove harmful pollutants before being discharged to the Municipal Sewerage System.

Properly Shredded Garbage. The term "Properly Shredded Garbage" shall mean the wastes from the handling, preparation, cooking, sale and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one (1) inch (1.27 centimeters) in any dimension.

Public Sewer. The term "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary Sewer. The term "Sanitary Sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

Sewage. The term "Sewage" is the spent water of a community. The preferred term is "Wastewater."

Sewage Treatment Plant. The term "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

Sewage Works. The term "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer. The term "Sewer" shall mean a pipe or conduit for carrying sewage.

Shall. The term "Shall" is mandatory; the term "May" is permissive.

Slug. The term "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Storm Sewer. The term "Storm Sewer" shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Suspended Solids. The term "Suspended Solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as non-filterable residue.

Unpolluted Waters. The term "Unpolluted Waters" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

User. The term "user" shall mean for the purpose of this Article all persons whose premises are served by the City sanitary sewerage system including all owners and tenants of real estate and buildings which are connected with such sanitary sewerage system, or are served thereby or in any way, either directly or indirectly, discharge sewage, industrial waste, water or other liquids therein. Users shall be classified as residential users who are within or outside the City or commercial users who are within or outside the City and further sub-classified on basis of user's size of water meter or service and the extent and amount of use by user. A residential user is defined to mean the owner or tenant of a dwelling used exclusively for residential purposes for one (1) family and which is connected to the City sanitary sewerage system and having a separate water meter water connection. All other users are defined to be commercial users.

Utility and Infrastructure Board. The term "Utility and Infrastructure Board" shall mean the authorized Utility and Infrastructure Board of the City of Fremont, or its authorized deputy, agent or representative.

Wastewater. The term "wastewater" shall mean the spent water of a community. From the stand- point of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions. "Normal wastewater" shall mean sewage which when analyzed shows by weight a daily average of not more than two hundred seventy-five (275) parts per million (two thousand two hundred ninety-three (2293) pounds) of suspended solids, not more than two hundred fifty (250) parts per million (two thousand eighty-five (2085) pounds) of BOD [or where biochemical oxygen demand cannot accurately be determined, a chemical oxygen demand greater than four hundred (400) parts per million (three thousand three hundred thirty-six (3336) pounds)] and not more than one hundred twenty (120) parts per million (one thousand (1000) pounds) of either insoluble matter (grease and oil), each per million gallons of daily flow.

Wastewater Facilities. The term "Wastewater Facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

Wastewater Treatment Plant. The term "Wastewater Treatment Plant" shall mean an arrangement of devices and structure for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "Waste Treatment Plant" or "Wastewater Treatment Works" or "Water Pollution Control Plant."

Watercourse. The term "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

(Ord. No. 5401, 5-30-17; Ord. No. 5450, 7-10-18)

The City through the Municipal Sewerage System shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a commercial main is now or may hereafter be laid. The City may also furnish sewer service to persons whose premises are situated outside the corporate limits of the City, as and when, according to law, the City Council may see fit to do so. The rules, regulations, and sewer rates hereinafter named in this Article, shall be considered a part of every application hereafter made for sewer service. Without further formality, the making of the application on the part of any applicant or the use of sewer service by present customers thereof shall constitute a contract between the customer and the City to which said contract both parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable rules and regulations that may hereafter be adopted, the Department of Utilities, or its agent, may cut off or disconnect the sewer service from the building or premise of such violation. No further connection for sewer service to said building or premise shall again be made save or except by order of the Department of Utilities or its agent.

Any person wishing to change from one (1) location to another shall make a new application. If any customer 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 Department of Utilities who shall cause the sewer service to be shut off from the said premise. If the customer should fail to give notice, he shall be charged for that period of time until the Department of Utilities is otherwise advised of such circumstances

For the use of the City sanitary sewerage system each user shall pay a monthly charge which shall be computed and based upon his contribution of sewage to such system.

The monthly contribution of sewage from a residential user shall be considered equal to one-third (⅓) of the water consumed by the user as shown by the water billing rendered during the months of January, February, and March last preceding the date of billing for sewer charges.

The contribution of sewage from a commercial user shall be considered equal to the amount of water consumed as shown by the current water billing plus any water used from other than the Municipal Water System as estimated or determined as provided by this Article, except multiple dwelling residences used solely for residential purposes shall be charged on a commercial rate, but the contribution of sewage will be determined on the same basis as a residential user, unless the commercial user has an effluent flow meter to measure the flow into the Municipal Sewerage System.

The sewage contribution from an industrial user to the Municipal Sewerage System Anaerobic Lagoons shall be pretreated to remove/limit harmful pollutants. Discharges that exceed harmful pollutants limits will be assessed a surcharge according to the Rate Schedule established by Ordinance.

The sewage contribution of a new residential user, either within or without the corporate limits of the City, with no established winter months' water record shall be based on estimated usage until such time as the base contribution of sewage is determined.

All fractions of a month shall be charged and considered as a full month. Monthly usage is determined to the nearest hundred cubic feet.

(Ord. No. 5450, 7-10-18)

Rates, fees, minimum charges and surcharges for the use of the Municipal Sewerage System shall be set by ordinance by the City Council. Such rate and fee schedules shall be on file in the office of the City Clerk and available for public inspection during regular office hours.

In cases of multiple connections to separate buildings on one (1) master meter, the minimum monthly charge shall not be less than the sum of the applicable minimums listed for each connection off the one (1) master meter. In the event an individual service has no meter, the service size shall determine the minimum charge.

In addition to the basic monthly charge required, when any user discharges into the Sanitary Sewerage System significant (as recommended by the Utility and Infrastructure Board and determined by the City Council) concentrations or quantities of wastewater, which as determined by the City Council, has a strength greater than normal wastewater (as defined) or discharges other substances or objects that impact sewerage operations, such user shall be subject to a sewer use surcharge, to be determined as set forth by this section, the purpose of such surcharge being to help defray the extra cost to the City of treating such wastewater. This surcharge will be set in the Rate Schedule established by Ordinance.

For use in determining the sewer use surcharge to be made against a given user for a given period of time, the Department of Utilities shall sample and analyze the wastewater discharge in order to determine the strength and/or composition of the wastewater over such period. Usually samples shall be taken from such wastewater discharge on at least three (3) composites during operations on such property. The City Council, at such times as general sewer rates are changed, shall determine the unit cost ($/lb.) to the City of removing suspended solids, of removing biochemical oxygen demand or chemical oxygen demand and of other additional treatment required for such wastewaters, flowing into the City's wastewater treatment facilities. Such determination by the City Council shall be cost based. All such sampling and analyzing of the wastewater discharge shall be in accordance with the provisions of the latest addition of "Standard Methods for the Examination of Water and Wastewater"; however, the City Council may at its discretion accept such sampling and analyzing results as may be submitted by the user on such property if the Utility and Infrastructure Board recommends and the City Council reasonably determines that such results properly reflect the overall nature of such discharge.

At the approximate end of each month, quarter, or semiannually, as recommended by the Utility and Infrastructure Board and determined by the City Council, the City Council shall make a computation of the sewer use surcharge for each property discharging industrial wastes or other high strength wastewater using the formula set forth in the Rate Schedule established by Ordinance.

Rp = Unit BOD cost (or COD cost when used in lieu of BOD) of treating normal wastewater, $/lb.

Pi = BOD or COD in the industrial waste, p.p.m. Pn = BOD or COD in normal wastewater, p.p.m.

Rs = Unit suspended solids cost of treating normal wastewater, $/lb, Si = Suspended solids in the industrial waste, p.p.m.

Sn = Suspended solids in normal wastewater, p.p.m.

Rx = Unit cost of treating any additional substance in the industrial waste, $/lb. (such as grease)

Xi = Substance requiring additional treatment in the industrial waste, p.p.m.

Xn = Substance requiring additional treatment in normal wastewater, p.p.m.

8.34 = lb./million gallons - mg /1

V= Wastewater volume, million gallons

RP = $_______, set by ordinance Rs = $_______, set by ordinance Rx = $_______, set by ordinance

(Ord. No. 5401, 5-30-17; Ord. No. 5450, 7-10-18)

The City Council shall periodically review the user charge system and revise the charges, if necessary, to accomplish the following:

(1)

Maintain the proportional distribution of operation, maintenance and replacement (OM&R) costs among users and user classes;

(2)

Generate adequate revenues to pay the costs of OM&R; and

(3)

Generate revenues to pay the costs for capital expenditures and debt service.

(Ord. No. 5401, 5-30-17)

All revenues collected from the user charge system shall be placed in a separate fund known as the Sewerage System Fund and the moneys in such fund shall be used to pay operation, maintenance and replacement (OM&R) costs and the capital cost system expansion projects.

The City Council may classify for the purpose of user rates and fees the customers of the Municipal Sewerage System; provided, that such classifications, are reasonable and do not discriminate unlawfully against any consumer or group of consumers.

Sewer use bills shall be due and payable at the same time and in the same manner as water bills are due and payable. All penalties and procedures concerning delinquent accounts with the Municipal Water System shall also be applicable to delinquent accounts with the Municipal Sewerage System.

The monthly charge imposed pursuant to this Article shall be applied separately to each individual user having a separate water meter which measures water contributed to or discharged into the City sanitary sewerage system. In the case of unmetered water supply, the quantity of water used and discharged into the sanitary sewerage system shall be recommended by the Utility and Infrastructure Board and determined to the satisfaction of the City Council and at the expense of the owner of the unmetered water supply.

If the quantity of unmetered water discharged into the sanitary sewerage system is estimated by the City Council to be ordinarily in excess of the amount permitted to be used per month under the minimum charge as applied to such user, the Utility and Infrastructure Board may recommend that the City Council require that such water supply be metered at the expense of the owner or user.

Before installation of such metering, the particular meter(s) shall be approved by the Department of Utilities. Such meter(s) shall be tested periodically by the Department of Utilities at its discretion, such testing costs to be paid by the owner or user. It shall be the responsibility of the owner or user to maintain such meter(s) in good repair and safe working order.

(Ord. No. 5401, 5-30-17)

Should a water meter get out of order or repair and fail to register properly, the user will be charged based on an estimated consumption of water. Any water meter out of order shall be repaired and put into operation as soon as practical.

If any user can show to the satisfaction of the Department of Utilities that any substantial portion of the water consumed by such user as determined by this Article is used for such purpose that it does not contribute to the sanitary sewage, then that water shall be disregarded for the purpose of determining the sanitary sewer charges to such user. Generally such water use shall be metered by the user. Before installation of such metering, the particular meter(s) shall be approved by the Department of Utilities. Such meter(s) shall be tested periodically by the Department of Utilities at its discretion, such testing costs to be paid by the owner or user. It shall be the responsibility of the owner or user to maintain such meter(s) in good repair and safe working order.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or within two (2) miles of the corporate limits thereof, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the City, or within two (2) miles of the corporate limits thereof, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article within ninety (90) days after date of official notice to do so.

Where a public sanitary sewer is not available under the provisions of section 3-217, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 3-217, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this Article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Plumbing Inspector. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Council. A permit and inspection fee in an amount set by the City Council shall be paid at the time the application is filed.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Plumbing Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Plumbing Inspector.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Nebraska. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than ten thousand (10,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

No statement contained in sections 3-220 thru 3-224 shall be construed to interfere with any additional requirements that may be imposed by the State of Nebraska.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Department of Utilities.

There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Department of Utilities. A permit and an inspection fee in amounts recommended by the Utility and Infrastructure Board and set by the City Council for each class shall be paid to the Department of Utilities at the time the application is filed. Permits are required before any work is started except in the case of an emergency.

(Ord. No. 5401, 5-30-17)

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Each applicant for sewer service shall have all sewer pipes and associated apparatus installed by a licensed plumber.

Connections with the sewers of the City system shall be of first class quality, minimum size of four (4") inch vitrified clay, cast iron, or plastic pipe, all with their suitable connections and of proper composition and weights to conform with the latest standards of the Uniform Plumbing Code and United States Commercial Standards, without reducers, laid to a uniform grade, with gasket joints in correct and good workmanlike manner. No traps shall be allowed throughout the entire line, and the soil pipe shall be continuous for ventilation purposes to a point not less than twelve (12") inches above the roof of the building, such soil pipes to be coated with an approved tar or asphaltic preparation. All connections with such pipes shall be properly trapped with a water seal of not less than one half (½") inch in depth, such seal to be protected against siphonage by connection with such pipes above the outer upper end of the trap. All joints shall be welded (glued joint) or be made by an approved method to permit no gas to escape. Connections with other than the City sewers shall be done according to the directions of the Department of Utilities.

It shall be the responsibility of the owner of the property served to maintain all sewer pipes and associated apparatus in good repair and safe working order.

When for any reason a sanitary sewer service is abandoned, the owner of the property shall promptly have such service shut off at a point between the property line and the City sewer line by capping such service under the direction of and in a manner approved by the Department of Utilities. If, in the opinion of officials of the Department of Utilities, the owner does not comply with this regulation within a reasonable time, such service shall be capped by the Department of Utilities and all expense connected therewith shall be chargeable against the property and shall be paid by the owner.

All taps and connections with the City storm sewer system shall be made a licensed plumber or contractor under the supervision of the Department of Utilities. No such taps or connections shall be made except by a licensed plumber or contractor, and the cost of such connections shall be borne by the person requesting the same.

It shall be the responsibility of the City of Fremont to maintain such taps and connections from public lines, including all associated apparatus, in good repair and safe working order.

When for any reason a tap or connection with the City storm sewer system is abandoned, the owner shall promptly have such tap or connection shut off at a point between the property line and the City storm sewer line by capping such line under the direction of and in a manner recommended by the Utility General Manager and approved by the City Council. If, in the opinion of the Utility General Manager or his or her authorized agent, the City of Fremont does not comply with this regulation within a reasonable time, such service line shall be capped by the Department of Utilities and all expense connected therewith shall be chargeable against the property and shall be paid by the City of Fremont.

No discharge of water used for the heating or cooling of a building shall be permitted to be discharged to the storm sewer system of the City of Fremont, except as previously authorized.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

The City shall charge and collect fees for sanitary sewer connections made to the public sewer of the City as follows:

(1)

The owner of the premises from which the connection is to be made shall pay to the City a Tap Fee (listed in the Master Fee Schedule), which is approved by the City Council for connection of the premises to the sewer system.

(2)

The owner of the premises from which the connection is to be made shall also pay to the City a City Sewer Connection Fee (listed in the Master Fee Schedule) per running foot of the premises abutting the street or alley in which the sewer is located. This fee shall be in addition to the Tap Fee set out in paragraph (1). The following conditions apply:

a.

If there is a public sewer line abutting the property, and that existing public sewer line was laid according to the specifications of the City of Fremont, and the property has been previously been included within an Improvement District created for the purpose of construction of the sewer, no Sewer Connection Fee will apply;

b.

If some part of the cost of construction of an abutting sewer line has been paid by the owner or previous owner(s) of the property (the cost of construction shall not include the furnishing of a right-of-way or payment of general taxes or sewer charges), then no Sewer Connection Fee will apply;

c.

But for the provisions of paragraph (3) below, if the property is adjacent to, but not within the City's corporate limits; then no permit shall be issued to Tap or Connect to the City sewer until the property owner files a petition to voluntarily annex the property into the City and the pays the Sewer Connection Fee per running foot of the premises abutting the street or alley in which the sewer is located as listed in the Master Fee Schedule. This fee shall be in addition to the Tap Fee set out in paragraph (1);

d.

If there is no public sewer abutting the property, the connection charge shall be the estimated assessable cost for installing a public sewer in front of the property plus the Tap Fee set out in paragraph (1) and if the property is adjacent to, but not within the City's corporate limits, the property shall file a petition to voluntarily annex the property into the City.

(3)

To further encourage annexation of a Single Family residential property/lot type only, a Sewer Connection Cap Fee alternative is provided in lieu of the provisions stated in paragraph (2)c. above. The following Sewer Connection Cap Fee alternative is based on, and is set to reflect, a reasoned value derived from the range of UDC front footages for single family property/lot widths comprised in the City's various UDC Residential Zoning Districts (a front footage value of seventy-five (75) feet will be used).

(SF) lot includes a Duplex or Townhome

* or actual front footage x Master Fee Schedule footage rate, whichever is less

Although the City has a voluntary annexation policy for individual property/lot owners who are outside the City limits, all City services applicants who avail themselves to the aforementioned Sewer Cap Fee alternative when obtaining City sewer services shall be allowed to voluntarily and contractually commit, at the time of application, to being annexed by the City up to thirty-six (36) months from the date of the application.

A Single Family - Sewer Connection Charge or Sewer Connection Cap Fee alternative, as defined above, may be paid by either a Full Payment or by ratable Monthly Installments that are added to the individual property owner's monthly sewer bill. The "Monthly Installment" option will provide for a payment period not to exceed thirty-six (36) months. Those using the monthly installment option will be subject to Fremont Municipal Code Section 3-258, Municipal Sewage System—Lien provisions.

(4)

Any sewer connection fee charges collected for infrastructure that was placed and initially paid for by using alternative taxpayer funded sources, such as the LB840 economic development fund, are to be repaid/refunded back to the proper source fund for reuse to the maximum extent permitted by State Statute.

(5)

If a developer proposes to connect four or more services to the City sewer system, the frontage fee in the Master Fee Schedule will be waived if all of the following conditions are met:

a.

The developer constructs all sewer facilities between the City's existing main and the individual premises in accordance with the City's construction standards and turns those facilities over to the City upon their completion.

b.

The developer makes a single tap into an existing City sewer main that has adequate capacity to serve the new customers.

c.

The developer pays for the actual cost of tapping the City's existing main.

d.

If the development is adjacent to, but not within the City's corporate limits, the developer shall file a petition to voluntarily annex the development into the City.

(Ord. No. 5401, 5-30-17; Ord. No. 5512, § 1, 2-11-20)

A separate and independent building sewer shall be provided for every building except:

(1)

Where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned; or,

(2)

Where attached single family dwelling units are approved by the City Council per the requirements of City of Fremont Municipal Code, Chapter 11, (1) building sewer must be provided for each attached dwelling lot. Splitting services to multiple lots is not allowed.

(3)

A shared single sanitary service to multiple attached single family lots will be allowed for units with building permit applications dated prior to July 29, 2020, provided construction was commenced within 180 days after obtaining the building permit and diligently completed.

(Ord. No. 5401, 5-30-17; Ord. No. 5535, § 1, 7-14-20; Ord. No. 5576, § 1, 6-8-21)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Department of Utilities, to meet all requirements of this Article.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City all such connections shall be made gastight and watertight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Department of Utilities before installation. Any defective or other non-compliant work shall, upon written notice, be promptly remedied.

(Ord. No. 5401, 5-30-17)

Plumbers shall be required to keep on hand a spirit level in proper order where work is being done in connection with public sewers, and their returns shall show the actual depths below the surface and fall per foot to which their pipes have been laid.

Sewer connections for stable waste shall be syphon form approved by the sewer inspector.

Steam exhausts shall be discharged into catch basins and not directly into sewer pipes.

No junction pipe shall be cut or taken up for connection without a special permit, and then only in the presence of an inspector.

Sewer pipe connections both inside and outside of buildings shall be by "Y's" and not by "T's."

Changes of directions of sewer pipes shall be made by properly curved pipe, and not by edging or cutting.

Accidents to sewers by caving or cleaning of private connections shall be promptly reported to the Department of Utilities. No "Y's" shall be uncovered for sewer connection without the presence of an inspector.

Entrance into manholes or the opening of the same, except by the Department of Utilities personnel, is strictly prohibited.

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Utility General Manager or his authorized agent for purposes of disposal of polluted surface drainage; provided, that if responsibility can be determined, the party responsible for disposal of polluted surface drainage into the public sanitary sewer shall pay a user charge equivalent to the cost of treating the polluted drainage.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

The applicant for the building sewer permit shall notify the Department of Utilities when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Department of Utilities or its representative.

Generally. Trenches in public streets or alleys excavated for sewer purposes shall be excavated so as to impede travel as little as possible. In the event that any street or alley must be closed for the excavations to be made, the Police and Fire Departments shall be notified prior to closing. The crossing of gutters and all other ways shall be left in shape so as to permit the ready escape of water during storms. Planks or other means shall always be provided where sidewalks or crossings are opened so as to provide easy crossing over such trenches.

Barricades and lights. Flashing yellow lights shall be kept around all such unfinished work at night and sufficient barricades against accidents shall be placed around such excavations at all times.

Work not to be delayed, etc. Work in the public streets shall not be unnecessarily delayed, and, when directed by the City Administrator, the number of workmen shall be increased to hasten the work to the extent the Department of Utilities may deem necessary for public interests.

Bracing certain trenches. Trenches in depth of four (4') feet or over, and all trenches made in otherwise treacherous soil, or near large masonry buildings, shall be properly braced, and the party excavating, and his bondsmen, shall be liable for all damages arising by reason of any neglect in this respect.

Refilling trenches. The refilling of all trenches, if in unpaved streets or alleys, shall be well and thoroughly done in uniform layers of not exceeding four (4") inches and tamped with a tamper of not less than forty (40) pounds weight or with puddled earth, as may be directed by the Inspector, or other agents of the City entrusted with the supervision of such work, so as to replace all excavation material, and leave the surface in as good a condition as it was found before the commencement of the work.

(Ref. 16-66, Code 1972)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial waters to any sanitary sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by recommendation by the Utility and Infrastructure Board and with permission of the City Council and in compliance with applicable Federal and State laws.

Stormwater, other than that which is exempted herein, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet recommended by the Utility and Infrastructure Board and approved by the City Council and other regulating agencies. Industrial cooling water or unpolluted process water may be discharged, on recommendation of the Utility and Infrastructure Board and approval of the City Council, to a storm sewer or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the City for such costs. The costs shall be recommended by the Utility and Infrastructure Board with the approval of the, City Council.

(Ord. No. 5401, 5-30-17)

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(2)

Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

(3)

Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(4)

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5)

Any waters or wastes exceeding the maximum pollutant limits set forth in the Rate Schedule established by Ordinance.

Plans, specifications, and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the recommendation of the Utility and Infrastructure Board and the approval of the City Council and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(Ord. No. 5401, 5-30-17; Ord. No. 5450, 7-10-18)

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if appears likely in the opinion of the City Council that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. The Utility and Infrastructure Board may recommend to the City Council, and the City Council may set limitations lower than the limitations established below if in its opinion such more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability of these wastes, the Utility and Infrastructure Board and the City Council will each give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without the approval of the City Council are:

(1)

Any liquid or vapor having a temperature higher than one hundred fifty (150°) degrees Fahrenheit (sixty-five (65°) degrees C).

(2)

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of the maximum pollutant limits set forth in the Rate Schedule established by Ordinance or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (zero (0) and sixty-five (65°) C).

(3).

Any garbage that has not been properly shredded.

(4)

Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(5)

Any water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits recommended by the Utility and Infrastructure Board and established by the City Council for such materials.

(6)

Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be recommended by the Utility and Infrastructure Board and established by the City Council as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(7)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits recommended by the Utility and Infrastructure Board and established by the City Council in compliance with applicable State or Federal regulations.

(8)

Any waters of wastes having a pH below 6.5 or in excess of 9.0.

(9)

Materials which exert or cause:

a.

Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids, (such as but not limited to, sodium chloride or sodium sulfate).

b.

Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions)

c.

Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d.

Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

(10)

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(11)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(Ord. No. 5401, 5-30-17; Ord. No. 5450, 7-10-18)

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 3-246, and which in the judgment of the City Council, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the City Council may:

(1)

Reject the wastes,

(2)

Require pretreatment to an acceptable condition within an agreed upon period of time for discharge to the public sewers,

(3)

Require control over the quantities and rates of discharge, and/or

(4)

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 3-252.

If the City Council permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and recommendation of the Utility and Infrastructure Board and the review and approval of the City Council, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. No. 5401, 5-30-17; Ord. No. 5450, 7-10-18)

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utility General Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity recommended by the Utility and Infrastructure Board and approved by the City Council and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the City Council.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

When required by the City Council, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans recommended by the Utility and Infrastructure Board and approved by the City Council. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(Ord. No. 5401, 5-30-17)

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Article, shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.)

No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern.

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing system in accordance with the provisions of this Article. The Utility and Infrastructure Board, City Council or its representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(Ord. No. 5401, 5-30-17)

While performing the necessary work on private properties referred to in section 3-253 above, the Department of Utilities or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 3-250.

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. No permanent buildings, trees, retaining walls, nor loose rock walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses or rights. The City may remove part or all of the above if necessary to perform its duties at the owner's expense. Variances to this section may be made by resolution of the City Council.

Any person found to be violating any provision of this Article except section 3-213 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

The City has the legal authority to enforce its system of user charges, industrial cost recovery charge, and sewer use regulations on all existing or future users of the system whether located inside or outside the City limits.

In addition to all other remedies, if a customer shall for any reason remain indebted to the City for sewerage services furnished, such amount due, together with any charges in arrears, shall be considered a delinquent sewerage charge which is hereby declared to be a lien upon the real estate for which the same was used. The City Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents, whenever their tenants or lessees are sixty (60) days or more delinquent in the payment of sewerage charges.

For the purpose of carrying out the provisions of this Article, the Utility and Infrastructure Board may recommend and the City Council and Utility General Manager may promulgate such rules and regulations not inconsistent with the provisions of this Article as it deems necessary.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

The City owns and operates the Municipal Electric System through its Department of Utilities. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal Electric System 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 Electric Fund and shall remain in the custody of the Director of Finance. The Utility and Infrastructure Board and Utility General Manager shall recommend to the City Council, and the City Council shall have the authority to adopt, review and supervise rules and regulations for the safe and efficient management of the Electric System. The City Council shall by ordinance set the rates to be charged for services rendered and shall file the same in the office of the City Clerk for public inspection at any reasonable time.

State Law reference— (Ref. Neb. R.R.S §§ 16-675, 16-681)

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21)

The City through its Department of Utilities, shall furnish electric current for light, heat and power purposes to persons whose premises abut on any supply wire of the distribution system and may furnish electric current to such other persons within or without its corporate limits, as and when, according to law, its Electric System may be required to do so. The rules, regulations, and rates for electric service, hereinafter named in this Article, shall be considered a part of every application hereafter made for electric service and shall be considered a part of the contract between the City and every consumer now served by the Electric System. Without further formality, the making of application on the part of any applicant or the use or consumption of electric energy by present customers and the furnishing of electric service to said applicant or customer shall constitute a contract between applicant or customer and the City, to which both parties are bound. If a customer should violate any of the provisions of said contract or any reasonable rules and regulations the Department of Utilities may hereafter adopt, the Utility and Infrastructure Board may recommend that the City Council, or its agent, shall cut off or disconnect the electric service from the building or place of such violation and no further connection of electric service for such building or place shall again be made safe or except by order of the City Council or its agent.

(Ord. No. 5401, 5-30-17)

Every person desiring to obtain electricity from the City system shall make application therefor in writing upon forms furnished by the Department of Utilities, stating therein the location of the house or building, by street and number, desired to be connected, stating the type of service desired and any other appropriate information recommended by the Utility and Infrastructure Board and deemed necessary by the City Council.

(Ord. No. 5401, 5-30-17)

Any person wishing to change from one (1) location to another shall make a new application. If any consumer shall sell, dispose, or remove from the premise where service is furnished in his name, or if the said premise is destroyed by fire or other casualty, he shall at once inform the Department of Utilities who shall cause the electric service to be shut off from the said premise. If the consumer should fail to give such notice, he shall be charged for all electricity used on the said premise until the Department of Utilities is otherwise advised of such circumstances.

The City Council is hereby authorized and empowered to require a new or existing purchaser of City utility services to be subject to the deposit policy recommended by the Utility and Infrastructure Board and adopted by the City Council.

(Ord. No. 5401, 5-30-17)

The wiring of all houses or buildings shall be done under the supervision of the City Electrical Inspector and by a licensed electrician. All expenses of wiring, up to and including outlets, shall be borne by the applicant for City electric service. The Department of Utilities will furnish the meter and connecting service wires to the outlets of buildings. No person shall make any connections to the electric service except an employee of the Department of Utilities.

The wiring of all houses or buildings within the City for electric service shall be done under and according to the rules and regulations adopted by the National Fire Underwriters Association of the United States, as set forth in the National Electrical Code, latest edition, which rules and regulations are on file with the City Clerk and are adopted by the City, and such other regulations that may be required by the City.

Underground connection may be made to the City Electric System. Such connections shall be subject to any special charges and/or regulations recommended by the Utility and Infrastructure Board and set by the City Council.

(Ord. No. 5401, 5-30-17)

Any wiring for electric service in any house or building in this City found by the Electrical Inspector to be done or existing in violation of the rules and regulations as set forth in this Article shall be ordered by him to be changed to conform to such rules and regulations, and on the failure of the person owning such house or building to change such wiring, the Electrical Inspector will then order the Department of Utilities to discontinue service.

Customers shall be required to keep their wiring, fixtures and appliances, connected to the service wires of the Department of Utilities, in good repair and shall be responsible for all charges for service and maintenance.

Customers shall be responsible for all damages or loss of the property belonging to the Department of Utilities located on such customers' premises unless occasioned by causes beyond their control or the negligence of the Department of Utilities.

Neither the City nor any of its authorized agents shall be responsible for any interruption or failure to provide electricity unless such failure or interruption results from the gross negligence of the City or its authorized agents. The City Council or its authorized agents shall have the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability.

Customers of City utility services shall give authorized employees of the Department of Utilities permission to enter their premises for the purpose of reading and inspecting meters and keeping in repair or removing all or any part of its apparatus used in connection with the supplying of utility services.

In order to insure good service to all customers, the Department of Utilities shall have the right to refuse electric service connections or maintenance service when it develops that such service cannot be rendered without detriment to the service of other customers.

The Department of Utilities shall install and maintain one (1) meter for each class of service supplied. Each service connection shall be billed independently of all others, except as provided for large power service rate in section 3-318. Extra meters, for the consumer's convenience, will be supplied by negotiation with the Department of Utilities.

All electric meters shall be placed in or on an accessible part of the building, in such position that meter readers may be able to read same without the use of ladders, etc. The location of and placing of meters shall be approved by the Department of Utilities.

The index of the electric meter of customers shall be taken at the time service is established and at stated periods thereafter, approximately thirty (30) days apart. The Department of Utilities shall not permit the use of current from a single service for two (2) or more buildings unless the buildings are under a common ownership (or leasehold), and are intercommunicating within the buildings and are classed as one (1) fire risk and operated as a single property, or are under a common ownership or leasehold, and are on contiguous property.

No person other than an authorized employee of the Department of Utilities shall interfere with, molest or disconnect any electric meter or meter accessory, or break or remove the seal on any meter or meter accessory, or in any way prevent or hinder the action of the same.

In the event that any customer's meter falls out of repair or fails to register properly, the Department of Utilities shall charge such customer the same amount billed one (1) year previous to such disrepair. In the event that there is no such basis for comparison, the Department shall charge the customer such amount as is deemed to be fair both to the customer and the City.

All electrical outlets to buildings shall be placed in or on an accessible part of the building nearest to the distribution system and must be approved by the Department of Utilities.

The City Council, upon the recommendation of the Utility and Infrastructure Board, shall by ordinance fix rates for the various types of electric service which are furnished by the City in connection with the operation of the Municipal Electric System.

The City Clerk shall maintain at all times at its office open for public inspection a complete list of the classifications and rates for the various types of electric service furnished by the City, together with any change in rates which shall be made by the City Council.

The classifications of electric services set forth in this section are hereby established and shall be the basis upon which the electric rates and charges shall be based and fixed:

(1)

Residential Service. Residential Service shall be applicable to single-family residences within the corporate limits of the City for household purposes only, such service to be limited to single phase electric service only. Separate family units in new multi-family dwellings shall be separately metered.

(2)

Suburban Service. Suburban Service shall be applicable to single-family residences outside the corporate limits of the City for household and farming purposes, only, such service to be limited to single phase electric service only, with no motors larger than ten (10) horsepower. Separate family units in new multi-family dwellings shall be separately metered.

(3)

Commercial Service. Commercial Service shall be applicable non-residential, such service to be limited to single phase electric service only.

(4)

General Power Service. General Power Service shall be applicable to three (3) phase electric service with an annual peak demand of less than or equal to three hundred (300) KW.

(5)

Large Power Service. Large Power Service shall be applicable to any three-phase electric service supplied for loads with an annual peak demand of greater than three hundred (300) KW.

(6)

Dusk to Dawn Lighting Service. Dusk to Dawn Lighting Service is a rental lighting service for all-night outdoor lighting. Minimum length of rental agreement for such service is one (1) year.

(7)

Wholesale Power Service. Wholesale Power Service shall be applicable to service supplied to other electric utilities for resale. Such service shall be by special contract negotiated and recommended through the Utility and Infrastructure Board and approved by the City Council.

(8)

Temporary Service. Any electric service that is not of a permanent nature shall be classed as a temporary service and the cost of such installation and removal of such service shall be paid in advance by the applicant.

(9)

Standby Service. Standby Service shall be applicable to service supplied as an emergency service to a customer with some other principal source of electrical service or to a customer for a standby fire protection system. Such service shall be by special contract with rates and minimum charges to be based on the equipment and investment which is required to furnish such service.

(10)

Municipal Service. Municipal Service shall be applicable to service supplied to equipment and facilities owned and operated by the City of Fremont.

(11)

Fuel Cost Adjustment. Fuel Cost Adjustment schedules shall be set by resolution of the City Council.

Connection charges for any or all classifications of service shall be set by resolution of the City Council.

When a line extension or revision or a transformer installation or change is made for a new service, part or all of the associated costs may be charged to the applicant as a direct charge and/or with special monthly or annual minimum charges.

(Ord. No. 5401, 5-30-17; Ord. No. 5599, 11-30-21; Ord. No. 5705, § I, 2-11-25)

The City expressly reserves the right in all contracts with customers for furnishing electric service to so adjust, raise and change the rates therefor that the City will not be required to furnish such service below the cost thereof to the City. This reservation shall be a part of every customer's contract, whether expressly recited therein or not.

The rates to be charged by the City for electric service shall be at an equal rate for all consumers falling within the same classification as set forth in section 3-318; provided, however, the City Council may create electrical rate schedules to enhance the utilization of the Electric System which shall be uniform by customer classification.

Utility bills shall be due and payable monthly. It shall be the duty of each customer of the Department of Utilities to pay their bills by any of the payment methods recommended by the Utility and Infrastructure Board and approved by the City Council. Bills shall be due upon receipt. Bills not paid by the date due shall be deemed delinquent and assessed a delinquency charge. Upon being deemed delinquent, as herein defined, the Department of Utilities shall follow the procedures in section 3-901 regarding the disconnection of utilities.

(Ord. No. 5401, 5-30-17)

It shall be unlawful for any person to remove, injure or destroy any wire, pole, machinery or any appliance in or about the City Electric System, or connected therewith, or to break any electric lamp.

It shall be unlawful for any person to connect any fluorescent lighting, neon signs or other lighting or display facilities having similar load characteristics to the Electric System of the City or to permit a connection already made to continue, unless such fluorescent lighting, neon signs or other lighting or display facilities having similar load characteristics are connected with capacitors or other auxiliaries of sufficient size to maintain a power factor of ninety-five percent (95%) or more lagging, whenever the above mentioned lighting, sign or display equipment is in operation.

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the electric system lying within said easement. No permanent buildings, trees, retaining walls, nor loose rock walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses or rights. The City may remove part or all of the above if necessary to perform its duties at the owner's expense. Variances to this section may be made by resolution of the City Council.

The Police Department shall consist of the Chief of Police and such further number of regular policemen as may be duly ordered by resolution of the Council; provided, that the Chief of Police shall have further power to appoint, when necessary, such additional police temporarily as any exigency which may arise may require. The Chief of Police shall, subject to the direction of the Mayor, have control and management of all matters relating to the Police Department, its officers and members, and shall have the custody and control of all property and books belonging to the department. He shall devote his whole time to the municipal affairs, interests of the City, and to the preservation of peace, order, safety, and cleanliness thereof. The Department shall execute and enforce all laws and also the orders of the Mayor. It shall be the duty of the Department to protect the rights of persons and property. There shall be a proper police force at all fires. The Department shall take notice of all nuisances, impediments, obstructions, and defects in the streets, avenues, alleys, business places, and residences of the City. The Department shall execute, or cause to be executed, the processes issued and shall cause all persons arrested to be brought before the proper court for trial as speedily as possible. The Chief of Police and all regular and special policemen shall become thoroughly conversant with the laws of the City, and shall see that the same are strictly enforced and shall make sworn complaints against any person or persons for violation of the same.

Any person desiring the services of a Special Policeman in or about his business or property, upon agreeing to defray all expenses of the maintenance of such policeman, and upon application to the Mayor, may have any suitable person named for such Special Policeman duly appointed as such. Such Special Policeman shall take the usual oath of office and shall have the power of regular police in the discharge of his duties.

Special Policemen appointed pursuant to this section shall be exclusively employed in the protection of the business and property of such person at whose instance they were respectively appointed and they shall be subject only to the control of such person who shall be responsible for the pay of such officer, and the City shall in no case incur any liability of any character whatever by reason of the appointment of such officer.

Except as otherwise provided by this Article, each policeman of the City shall be provided with a suitable badge or insignia of office, which he shall wear in a conspicuous place upon his person at all times when on duty. Further, unless otherwise provided by this Article, all police officers shall provide themselves with and wear a uniform while on duty, if so required by the Council.

No policeman shall unnecessarily beat or abuse any prisoner in his custody or in the custody of any officer, and every policeman so doing shall be deemed guilty of a misdemeanor.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Active Service. These words shall mean when a member of the Police Reserve Unit of the City is detailed to perform regular police duty for which he is paid.

Chief. This word shall mean the Chief of Police.

Member. This word shall mean any member of the Police Reserve Unit of the City. Reserve. This word shall mean the Police Reserve Unit established pursuant to this Article.

Training Service. These words shall mean when a member of the Police Reserve Unit of the City is attending a training session for which he is not paid.

(Ref. 22-13 Code 1972)

There has been created the City Police Reserve. The Reserve shall consist of such number of members as shall from time to time be determined by the Mayor and City Council, and they shall be under the direction of the Mayor or the Chief of Police. One (1) of such group, in addition to his other duties, shall be secretary-treasurer of the Reserve and shall keep all books, records and accounts. The secretary-treasurer of the Police Reserve Unit shall present all books of accounts of the Police Reserve Unit for audit when requested to do so by the Mayor or City Council. The Mayor, by rule, shall prescribe the qualifications and standards by which applicants for membership in the Reserve shall be governed, and persons possessing such qualifications and conforming to such standards may be appointed to the Reserve by the Mayor. The Police Reserve Unit may adopt its own rules and regulations to govern its operations in matters not involving police training and during periods of active duty. Such members shall be appointed by the Mayor and confirmed by the Council.

Every member shall, before membership, take an appropriate oath to support the various existing governments of the City. The reserve is assigned the duty of preparing against the perils to life and property that may be expected to result from an attack by any foreign power during any war, or from any disaster that may threaten lives and property, and any duties assigned the members shall be deemed as training in preparation against such perils.

In the enforcement of the penal laws of the State, the penal provisions of this Code or other ordinances of the City and penal ordinances of the County, and in the performance of such other duties as may be designated by the Mayor, Acting Mayor, or the Chief of Police, every duly authorized member of the Police Reserve Unit, while on active service, shall be deemed to have all the powers of a regular peace officer. During such tour of active service, such members so appointed shall possess all the powers and privileges and shall perform the duties of the regular members of the police force of the City assigned to them by the Mayor or the Chief of Police. It shall be unlawful for any such member to attempt to carry out any order, rule or regulation promulgated by proper authority when not wearing a regular uniform as prescribed, or while not on active service as defined by section 3-505. Any violation of this section by any member shall cause his immediate dismissal from the Reserve. Members of the Police Reserve Unit shall perform such other public service as may be ordered by the Mayor, Acting Mayor or the Chief of Police and it shall be unlawful for any person to willfully resist, delay or obstruct any such member in the discharge of his duty, or in his attempt to discharge any duties of his office.

A member shall be an employee of the City for the time during which the Mayor, Acting Mayor or Chief of Police has placed the member on active service.

To be eligible for membership in the Reserve, each applicant must indicate his willingness to serve an average minimum of eight (8) hours per month in the public training service for the first two (2) months of his service and four (4) hours per month of training service minimum thereafter, and where any member has failed to give such minimum hours of training service for a period of two (2) months, the Chief shall inquire into the reasons therefor and unless good reason is shown for such failure to render the minimum hours herein required, the Chief may dismiss the member from the Reserve. Training service may include performance of regular police duty in nonpay status; provided, that it is scheduled as training.

Members suffering injury arising out of and in the course of duties assigned them by the Mayor or Chief of Police are entitled to such medical care, hospitalization, compensation and other benefits as the City may provide for other members of the City government.

The uniform, badges and equipment to be worn and carried by the members of the Reserve shall be prescribed by the Mayor. Except while on duty pursuant to call, members of the Reserve shall at no time carry loaded firearms. Unloaded firearms as an adjunct to their uniforms may be worn during parades or other public demonstrations in which the Reserve may participate. Violation of these rules concerning arms by any member shall be cause for his immediate discharge from the reserve.

Uniforms, badges and other equipment used by the Police Reserve Unit shall be purchased by the City and shall be the property of the City. Upon separation from the Reserve, all members shall return such equipment to the Chief of the Reserve or the Chief of Police.

It shall be unlawful for any person to falsely impersonate or represent himself to be a member, or to wear, use or possess any of the uniforms, badges or equipment used by the Reserve, unless he is authorized to do so.

The Police Reserve as a unit may sponsor and conduct a continuing athletic program to include but not limited to that athletic activity related to individual self defense and physical fitness.

All persons appointed by the Mayor pursuant to the provisions of this Article shall be deemed to be public officers. The Reserve shall be deemed to be a part of the police services of the City Police Department and shall be governed by this Article. Should any provision of any police ordinance of the City conflict with this Article, this Article shall prevail.

The Mayor is authorized, directed and empowered to prepare and promulgate such rules and regulations and provisions, and amendments thereto, as may, in his or her discretion, be necessary to carry out the express intent of this Article, which provisions shall include a table of organization not in conflict herewith.

The Mayor may dismiss any member from the Reserve without any hearing whatsoever, and each member shall have the right to resign from the Reserve Unit at any time.

(a)

Every Municipal law enforcement officer shall have the power and authority to enforce the laws of this state and the Municipality or otherwise perform the functions of that office anywhere within his or her primary jurisdiction. Primary jurisdiction shall mean the geographic area within territorial limits of the Municipality.

(b)

Any Municipal law enforcement officer who is within this state but beyond the territorial limits of his or her primary jurisdiction, shall have the power and authority to enforce the laws of this state or any legal ordinance of any city or incorporated village or otherwise perform the functions of his or her office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of his or her primary jurisdiction in the following cases:

(1)

Any Municipal law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow such person into any other jurisdiction in this state and there arrest and detain such person and return such person to the officer's primary jurisdiction;

(2)

Any Municipal law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow such person anywhere in an area within twenty-five (25) miles of the boundaries of the officer's primary jurisdiction and there arrest and detain such person and return such person to the officer's primary jurisdiction;

(3)

Any Municipal law enforcement officer shall have such enforcement and arrest and detention authority when responding to a call in which a local, state, or federal law enforcement officer is in need of assistance. A law enforcement officer in need of assistance shall mean (i) a law enforcement officer whose life is in danger or (ii) a law enforcement officer who needs assistance in making an arrest and the suspect (A) will not be apprehended unless immediately arrested, (B) may cause injury to himself or herself or others or damage to property unless immediately arrested, or (C) may destroy or conceal evidence of the commission of a crime; and

(4)

If the Municipality, under the provisions of the Interlocal Cooperation Act, enters into a contract with any other municipality or county for law enforcement services or joint law enforcement services, law enforcement personnel may have such enforcement authority within the jurisdiction of each of the participating political subdivisions if provided for in the agreement. Unless otherwise provided in the agreement, the Municipality shall provide liability insurance coverage for its own law enforcement personnel as provided in section 13-1802 RS Neb.

(c)

If Municipal law enforcement personnel are rendering aid in their law enforcement capacity outside the limits of the Municipality in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for such disaster, emergency or civil defense emergency when such program is conducted or participated in by the Nebraska Emergency Management Agency or with any other related training program, the law enforcement personnel shall have the power and authority to enforce the laws of this state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of their primary jurisdiction. The Municipality shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement of its personnel outside the limits of the Municipality pursuant to this subsection.

The Civil Service Commission for the City of Fremont shall consist of three (3) members appointed by the Mayor with the approval of the City Council. Members of the Civil Service Commission shall have been residents of the City of Fremont, Nebraska for at least three (3) years preceding appointment and registered voters of Dodge County, Nebraska. The Members of the Civil Service Commission shall serve without compensation. The Civil Service Commission shall function pursuant to the rules, provisions, and procedures of the applicable state law.

Ordinance Number 3357, Civil Service Act of 1985, in pamphlet form, shall be included in the Municipal Code.

(a)

An applicant for a position of any kind under Civil Service shall be able to read and write the English language, meet the minimum job qualification of the position as established by the Mayor, and be of good moral character. An applicant shall be required to disclose his or her past employment history and his or her criminal record, if any, and submit a full set of his or her fingerprints and a written statement of permission authorizing the Mayor to forward the fingerprints for identification. Prior to certifying to the Mayor the names of the persons eligible for the position or positions, the Commission shall validate the qualifications of such persons.

(b)

The Mayor shall require an applicant, as part of the application process, to submit a full set of his or her fingerprints along with written permission authorizing the Mayor to forward the fingerprints to the Federal Bureau of Investigation through the Nebraska State Patrol, for identification. The fingerprint identification shall be solely for the purpose of confirming information provided by the applicant.

(c)

Any fingerprints received by the Commission or Mayor pursuant to a request made under subsection (b) of this section and any information in the custody of the Commission or Mayor resulting from the inquiries or investigations made with regard to those fingerprints initiated by the Commission or Mayor shall not be a public record within the meaning of Neb. R.R.S. §§ 84-712 to 84-712.09 and shall be withheld from the public by the lawful custodians of such fingerprints and information and shall only be released to those lawfully entitled to the possession of such fingerprints and information. Any member, officer, agent, or employee of the Commission, Mayor, or Municipality who comes into possession of fingerprints and information gathered pursuant to subsection (b) of this section shall be an official within the meaning of Neb. R.R.S. § 84-712.09.

The City owns and manages the City Library through the Library Board. The City Council, for the purpose of defraying the cost of the management, purchases, improvements, and maintenance of the Library 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 City that is subject to taxation. The revenue from the said tax shall be known as the Library Fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the City Library. The Library Fund shall at all times be in the custody of the Director of Finance.

(Ord. No. 5518, § I, 4-21-20; Ord. No. 5549, 2-9-21)

Any person who damages or fails to return any material taken from the Library shall forfeit and pay to the Library not less than the value of the material in addition to any replacement costs and penalty which the Library Board may assess.

(Ord. No. 5549, 2-9-21)

It shall be unlawful for any person not authorized by the regulations made by the Library Board to take material from the Library, without the consent of the Library Director, or an authorized employee of the Library. Any person removing material from the Library without properly checking it out shall be deemed to be guilty of a misdemeanor.

(Ord. No. 5549, 2-9-21)

The City Library shall issue free library cards to individuals residing within the city limits. The Library Director may exclude from the use of the Library any person who shall willfully violate or refuse to comply with the rules and regulations established for the government thereof.

(Ord. No. 5549, 2-9-21)

(a)

The Library Board shall consist of five (5) appointed members who shall be residents of the Municipality and who shall serve terms of four (4) years. The Mayor shall appoint the members of the Library Board with the consent of the City Council. Neither the Mayor nor any member of the Council shall be a member of the Library Board. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and any successors to those members shall be appointed as the terms of those members expire. In case of any vacancy by resignation, removal, or otherwise, the Mayor shall fill the vacancy for the unexpired term with the consent of the Council.

(b)

No member shall receive any pay or compensation for any services rendered as a member of the Library Board.

(c)

At the time of the Board's first (1st) meeting in June of each year, the Board shall organize by selecting from their number a Chair and a Secretary. No member of the Library Board shall serve in the capacity of both the Chair and Secretary of the Board. It shall be the duty of the Secretary to keep minutes of all meetings, and to timely file the same with the City Clerk as public records.

(d)

A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall establish regular meeting dates at such times as the City Council may require. Special meetings may be held upon the call of the Chair, or a majority of the members of the Board.

(e)

The Library Board shall advise the Mayor and City Council on the operation, maintenance, and development and personnel of the City Library, and shall recommend to the City Council by-laws, rules and regulations, or changes in by-laws, rules, and regulations for the protection and development of the city library.

(f)

The Library Board shall be responsible for the intellectual content and development of the library.

(g)

The Library Director shall be appointed by the Mayor with the advice of the Library Board and the consent of the City Council. The Library Director shall generally supervise the property and operations of the City Library. The Library Director shall be accountable to the Board, but will work under the supervision of the City Administrator.

(h)

All actions of the Library Board shall be subject to the review and control of the City Council.

(Ord. No. 5549, 2-9-21)

The Library Board shall, on or before the second Monday in February in each year, make a report to the City Council of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the Library Board may deem of general interest or as the City Council may require.

(Ord. No. 5549, 2-9-21)

It is the policy of the City of Fremont that all public internet access funded in whole or in part by the City will meet standards set by the Children's Internet Protection Act. The annual report of the Library Board shall certify compliance with the Children's Internet Protection Act.

(Ord. No. 5549, 2-9-21)

(a)

The Municipality shall have the right to discontinue utility services and remove its properties if the charges for such services are not paid within seven (7) days after the date that the charges become delinquent. Before any termination, the Municipality 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 (7) days, weekends and holidays excluded, after notice is sent or given. As to any subscriber who has previously been identified as a welfare recipient to the Municipality by the Department of Health and Human Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the Department of Health and Human 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 Municipality 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 Municipality 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 a 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 Municipality's service to that household. Such certificate shall be filed with the Municipality within five (5) days of receiving notice under this section and will prevent the disconnection of the Municipality's service for a period of thirty (30) days from such filing. Only one (1) postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any past-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 Municipality 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 Governing Body.

(c)

A domestic subscriber may dispute the proposed discontinuance of service by notifying the Municipality 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 Municipality may discontinue services.

(d)

The procedures adopted by the Governing Body for resolving utility bills, three (3) copies of which are on file in the office of the Municipal Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.

(e)

This section shall not apply to any disconnections or interruptions of services made necessary by the Municipality for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.

No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity at retail in this Municipality shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitation or discharge in bankruptcy proceedings.

Any person who violates any of the prohibitions or provisions of any Article or section of this Chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular Article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed one thousand ($1,000.00) dollars and/or three (3) months, in the discretion of the court

The purpose of this Article is to:

(1)

Establish a local policy concerning cable television.

(2)

Establish franchise procedures and standards which encourage the growth and development of cable systems which assure that cable systems are responsive to the needs and interests of the City.

(3)

Establish guidelines for the exercise of local authority with respect to the regulation of cable systems.

(4)

Establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal when an operator's past performance and proposal for future performance meet the standards set by the FCC and this Article.

(5)

Promote competition in cable communications and minimize unnecessary regulations that would impose undue burdens on cable systems.

(6)

Create a set of regulations, standards and procedures for cable operators.

(7)

Create a comprehensive customer service and consumer protection policy for cable operators.

(8)

Provide for access and inspection of a cable operator's books and records in order to monitor compliance with local, State and Federal laws and any franchise agreement.

(9)

Provide for a thorough construction and installation policy for a cable operator's system.

(10)

Provide for the health, safety and welfare of the citizens of the City in light of the cable operator's construction, operation and maintenance.

(11)

Provide for an emergency override capability, so that citizens of the City may be warned of a potential, imminent, actual disaster or emergency situation that exists in the area.

(12)

Create a thorough procedure for collecting and monitoring franchise fees.

(13)

Create a thorough default and revocation procedure for franchised operators; and

(14)

Create a performance review procedure in order to assist the City in its periodic evaluation of a franchised operator's performance.

(Ord. No. 5423, 10-10-17)

As used in this Article or in any franchise issued pursuant to this Article, the following terms shall have the following definitions:

City means the City of Fremont, Nebraska.

Council means the City Council of the City of Fremont, Nebraska

Mayor means the Mayor of the City of Fremont, Nebraska.

City Administrator means the City Administrator of the City of Fremont, Nebraska

Utility General Manager means the Utility General Manager of the City of Fremont, Nebraska

Affiliate means another person or entity who owns or controls, is owned or controlled by, or is under common ownership or control with the person or entity.

Applicant means a person or entity submitting an application or proposal to the City for a franchise to operate a cable system under the terms and conditions of this Article and any State or Federal regulations.

Auxiliary equipment means equipment supplied by a cable operator which enhances or assists in the reception or provision of cable service.

Basic cable service or basic service means any service tier which includes the retransmission of local television broadcast signals and any PEG channels required to be carried pursuant to applicable law or a Franchise.

Cable Communications Act or Cable Act means Cable Communications Policy Act of 1984 (as amended), the Cable Television Consumer Protection and Competition Act of 1992 (as amended), the Telecommunications Act of 1993 (as amended) and all later Federal legislation regulating cable television operators.

Cable operator or operator means any person or entity which provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in that cable system, or otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

Cable service means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of video programming service. (This shall include all forms of cable service whether provided by a cable operator or through a DBS, MDS, MMDS, or a SMATV system, if the service otherwise qualifies as a cable system. Provided, this definition shall not be construed to prohibit any other lawful service that may be provided by a cable operator.)

Cable system or cable television system means a facility consisting of a set of dosed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video, programming and which is provided to multiple subscribers within the City. Provided, this shall not include;

(1)

A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations.

(2)

A facility that does not use any public way or public right-of-way.

(3)

A facility of a common carrier which is subject, in whole or in part, to Title II of the Communications Act (or its amendments), except that the facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers; or

(4)

Any facilities of any electric utility used solely for operating its electric utility systems.

Channel or cable channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.

Charge means a one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service or repair of the cable service.

Community shall mean the geographic area within the municipal limits of Fremont, Inglewood and Dodge County, Nebraska.

Converter means any device, separate and apart from the subscriber's receiver, that will permit a subscriber to view or otherwise use signals delivered at designated dial locations or other reception and use allocations as may be applicable and required for the practical use of the signal.

Customer means a subscriber or user of the services and/or facilities of the cable system provided by a cable operator.

DBS system or direct broadcast satellite system the delivery and/or provision of cable services from a satellite to a subscriber through the use of a small earth or satellite station.

Demarcation Point shall mean a point twelve (12") inches from the exterior wall of the structure to which cable service is being provided.

Disaster emergency or disaster or emergency means an imminent impending or actual natural or humanly induced situation where the health, safety or welfare of all, or a significant portion of the residents of the City is threatened. A "disaster emergency" (by illustration" may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste, infiltration, petroleum, munitions or nuclear explosion or aircraft crash.

Drop means a small branch of cable or other transmitting medium which connects the customer's television to the feeder cable or future technical equivalent on the street, easement, right-of-way or public way.

Easement means and shall include any public easement or other compatible use created by dedication or by other means, to the City for public utility or other purposes including cable television. "Easement" shall also include a private easement used for the provision of cable service.

Entity shall mean partnership, joint venture, corporation or limited liability company.

FCC means the Federal Communications Commission.

Franchise means the initial authorization, amendment or renewal granted by the City which authorizes the construction and operation of a cable system.

Franchised operator means a person or entity that is awarded a franchise by the City to construct and operate a cable system, within all or a part of the City. A cable operator may also be a "franchised operator".

Franchise expiration means the date of expiration, or the end of the term of a franchise, as provided under a franchise agreement.

Franchise fee means a fee or a charge that the City requires as payment for the privilege of using the streets, rights-of-way, public ways and easements of the City in order to construct, maintain and operate a franchised cable system.

Franchising authority means the City.

Late charge means a charge which is added to a subscriber's account or bill for non-payment of a previously due and delinquent account.

MDS system or Multi-point distribution system means a system which transmits (via Super High Frequency) specialized programming or data or facsimile transmission to subscribers as authorized by the FCC.

Other programming service means information that a cable operator makes available to all subscribers generally.

Pay-per-view or Premium channel means the delivery over the cable system of audio and/or video signals to subscribers for a fee or charge, over and above the charge for standard or basic service, on a per program or per channel basis.

PEG channel means a channel on a cable system available for non-commercial public, educational or governmental programming.

Public way means any public street, public place or right-of-way now or later dedicated to the public use within the area served by a cable operator.

Rate means the monthly, bi-monthly, quarterly, semi-annual, annual or other periodic price paid by a subscriber in order to receive cable service.

Reporting quarter shall mean a cable operator's fiscal quarter as reported to the City. If a cable operator does not report to or notify the City concerning the dates of its fiscal quarters, then the "reporting quarters" of a cable operator shall be considered to be the periods ending on the last day of March, June, September and December of each calendar year.

Revocation,Termination or Non-renewal means an official act by the City which lawfully removes, repeals or rescinds a previously approved authorization for a franchised operator to provide cable service.

Service tier means a category of multi-channel cable service or other services provided by a cable operator, and for which a separate rate is charged by the cable operator.

SMATV system or Satellite Master Antenna Television System means a private cable system not crossing any public rights-of-way and which is located on private property.

State means the State of Nebraska.

Subscriber means a person lawfully receiving cable service delivered by the cable operator.

User means a person organization utilizing a cable system and/or its equipment for purposes of production and/or transmission.

Video programming means programming provided by, or generally considered comparable to programming provided by a television broadcast station.

(Ord. No. 5423, 10-10-17; Ord. No. 5599, 11-30-21)

Unless prohibited by Federal or State law, the Council may delegate its powers and authorities with respect to a cable operator to one (1) or more duly authorized representatives of the City, including the Mayor, the City Administrator, the Utility General Manager, a Cable Advisory Committee or an outside consultant. Provided, the Council may never delegate its franchising or revocation power to another person.

(Ord. No. 5423, 10-10-17; Ord. No. 5599, 11-30-21)

Unless exempted entirely or in part from this Article or any of its provisions, or granted relief by the Council from any of its provisions, then this Article shall be applicable to a cable operator. Unless otherwise specified, reference to "cable operator" shall mean cable operator who is not exempt from the provisions of this Article. A cable operator shall be expected to comply with this Article no later than six months after it becomes effective unless a different compliance date is given to the cable operator.

(Ord. No. 5423, 10-10-17)

Recognizing the inherent technological differences between various types of cable operators, and taking into account a number of financial, operational and maintenance considerations, the following cable operators are exempted from complying with this Article.

(1)

A cable operator who provides cable service to, or in conjunction with operating one (1) hotel, motel, time-share facility, or recreational vehicle camp (but does not include service to a mobile home or manufactured home park) and which does not use any public way; or

(2)

A cable operator who does not cross a public way or rights-of-way (as defined or interpreted by either the FCC or an applicable Court) in providing cable service to subscribers; or

(3)

A cable operator who is exempted from this Article as a result of an applicable judicial ruling.

An exempted cable operator remains exempted only as long as it meets one (1) or more of the specifications of this section. In addition, the extent of the exemption for a qualified cable operator is only for this Article. An exempted cable operator is expected to abide by, and comply with any other applicable City, County, State and Federal laws and regulations, including any applicable Federal or State consumer protection or consumer service laws and regulations.

(Ord. No. 5423, 10-10-17)

Any cable operator may file a written petition, at any time, with the City requesting relief from one (1) or more provisions of this Article. The relief requested may specifically include the delay in implementation (as to the petitioning cable operator only) of one (1) or more provisions of this Article. In order to receive any relief from one (1) or more of the provisions of this Article, a cable operator must satisfactorily demonstrate to the Council that at least one (1) of the following facts exits:

(1)

The provision and/or requirement is expressly prohibited by Federal law, the FCC or State law; or

(2)

That the provisions in question materially effects and is in conflict with an expressed right that is specifically noted in an existing franchise agreement (but only for the term of the existing franchise); or

(3)

That the imposition of the provisions and/or requirements will create an undue economic hardship on a cable operator so as to imperil or eliminate a cable operators ability to provide cable service to a majority of current subscribers.

(4)

As an alternative to requesting relief, a cable operator may petition for clarification as to the precise intent and effect that one (1) or more provisions or sections of this Article has on the petitioning cable operator.

The Council may charge the petitioning cable operator with the actual costs for processing the petition, including any costs incurred by outside consultants who are retained by the City to review a cable operator's petition. If the Council grants relief to a franchised operator, then the franchise agreement shall be amended to reflect the exact extent of the relief.

(Ord. No. 5423, 10-10-17)

A cable operator shall not be excused from complying with any of the requirements of this Article by any failure of the City on any one (1) or more occasions to seek or insist upon compliance with this Article.

(Ord. No. 5423, 10-10-17)

Any cable operator, its assignee, or transferee shall be subject to and expected to comply with;

(1)

All ordinances in effect within the City including this Article, to the extent that the cable operator has not received exemption or relief.

(2)

All Federal and State laws and rules and regulations issued by all applicable regulatory agencies.

(3)

All lawful exercise of the City's police power.

Nothing contained in this section shall prevent a cable operator from exercising any and all of its administrative and legal rights as to the constitutionality, applicability and enforceability of this Article or any later amendments.

(Ord. No. 5423, 10-10-17)

If any provisions or section of this Article is inconsistent with any provision or section of a Federal or State rule, regulation or law, then the Federal or State rule, regulation or law shall control.

(Ord. No. 5423, 10-10-17)

Subject to preemption by the FCC or any other Federal or State governmental entity or agency, the City retains the authority for:

(1)

The regulation and control of any cable system within the geographical limits of the City and within the limits prescribed by applicable law;

(2)

The award and grant of a cable franchise subsequent to review of an application or proposal by the Council;

(3)

Subject to the provisions of this Article entitled "compliance with law" and any relief or exemption granted with respect to those provisions, the amendment or repeal of all or part of this Article; and

(4)

The amendment of a franchise or mutual agreement of the Council and the holder of the franchise; and

(5)

The regulation of rates and charges associated with the providing of cable service classified as cable service by a cable operator; and

(6)

The enforcement of all laws and regulations relating to cable customer service practices and consumer protection.

(Ord. No. 5423, 10-10-17)

A cable operator shall comply with the following bonding requirements;

(1)

A construction/completion bond shall be furnished prior to the time that a cable operator commences a construction, upgrade, rebuild or repair/maintenance schedule for the cable system and/or any time table for technical and service improvements or additions to the cable system as may be committed to, or agreed upon, from time to time by the City and the cable operator.

(2)

Any construction completion bond shall specifically guarantee that a cable operator will timely abide by its construction, upgrade, rebuild or repair/maintenance schedule for the cable system and/or any time table for technical and service improvements or additions to the cable system as may be committed to or agreed upon from time to time by the City and the cable operator.

(3)

If the City draws on a bond as a result of a cable operator's failure to timely discharge its obligations or failure to construct and activate the cable system, or failure to complete a cable system upgrade or rebuild or repair maintenance, then the cable operator shall replenish the bond within 30 days to the level required in this section.

(4)

If after a review or audit of a cable operator's records it is discovered that the cable operator has underpaid the City by any amount of the total amount paid for any reporting quarter, then the City may require the cable operator to reimburse the City of the actual cost of the audit, in addition to the amount of the underpayment.

(Ord. No. 5423, 10-10-17)

In order to facilitate the needs of local customers, a cable operator shall maintain a customer service office which is easily accessible to customers. The customer service office should have an adequate and knowledgeable staff in order to handle the vast majority of customer service inquiries, including but not limited to billing inquiries, refunds, service outages, equipment service and repair, payment of bills and other charges, In addition:

(1)

The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers twenty-four (24) hours a day, seven (7) days a week.

a.

Trained company representatives will be available to respond to customer telephone inquiries during normal business hours.

b.

After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.

(2)

Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90%) percent of the time under normal operating conditions, measured on a quarterly basis.

(3)

A cable operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates a clear failure to comply.

(4)

Under normal operating conditions, the customer will receive a busy signal less than thre (3%) percent of the time.

The customer service office shall be open during normal business hours of at least forty (40) hours per week, exclusive of holidays.

(Ord. No. 5423, 10-10-17)

Under normal conditions, each of the following four (4) standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis.

(1)

Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those located up to one hundred twenty-five (125') feet from the existing distribution system.

(2)

Excluding conditions beyond its control, a cable operator will begin working on "service interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. A cable operator must begin actions to correct other service problems the next business day after notification of the service problem.

(3)

The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. A cable operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of a customer.

(4)

A cable operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

(5)

If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.

(Ord. No. 5423, 10-10-17)

Bills will be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to basic, tiered and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates, and credits.

(1)

In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days.

(2)

Refund checks will be issued promptly, but not later than either.

a.

The customer's next billing cycle following resolution of the request or 30 days, whichever is earlier, or

b.

The return of the equipment supplied by the cable operator if service is terminated

(3)

Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

(Ord. No. 5423, 10-10-17)

A capable operator shall comply with all Federal and State laws and regulations concerning special service requirements for disabled, sight or hearing impaired or ambulatory impaired customers.

(Ord. No. 5423, 10-10-17)

At any time a cable operator disturbs the yard, residence, or other real or personal property of a subscriber, the cable operator shall ensure that the subscriber's property is returned, replaced, and/or restored to a substantially similar condition as that in existence prior to the disturbance by the cable operator. The costs associated with both the disturbance and the return, replacement and/or restoration shall be borne by the cable operator. The requirements imposed upon the cable operator extend to any subcontractor or independent contractor employed by the cable operator.

(Ord. No. 5423, 10-10-17)

Editor's note— Ord. No. 5423, adopted October 10, 2017, repealed § 3-1117, which pertained to resolution of complaints/inquiries.

A cable operator shall obtain, at its own expense, all permits and licenses required by law, rule, regulation or ordinance, and maintain the same in full force and effect for as long as required.

(Ord. No. 5423, 10-10-17)

Editor's note— Ord. No. 5423, adopted October 10, 2017, repealed § 3-1119, which pertained to emergency alert system; standby power.

No person or cable operator, other than the City, shall be permitted to construct, operate or maintain a cable system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the City without first having entered into a franchise agreement with the City.

(1)

The Council may award one (1) or more non-exclusive franchises within its geographical limits.

(2)

A franchised operator shall be selected as part of a public proceeding and hearing which affords due process to both the City and the applicant. If the applicant is selected as a franchised operator, then the applicant will enter into a franchise agreement with the City, pursuant to the provisions of Federal, State, and local laws and regulations.

(Ord. No. 5423, 10-10-17)

If the Council awards an applicant a franchise to construct, operate or maintain a cable system in all or part of the City, or approves a proposal for renewal of a franchise, then a franchise agreement shall be entered into. A newly franchised operator may not lay any cable until the franchise agreement is executed by the newly franchised operator and the City. At a minimum, a franchise agreement shall contain provisions for the following:

(1)

The term or duration of the franchise;

(2)

An agreement to comply with this Article;

(3)

Any applicable construction, upgrade or rebuild schedule;

(Ord. No. 5423, 10-10-17)

Upon an award of a franchise, and the subsequent execution of a franchise agreement, a cable operator may construct, install, maintain, operate, repair, replace, remove, or restore a cable system within the geographical limits set forth in the franchise agreement.

(1)

The franchised cable system may utilize the streets, rights-of-way, easements and public ways of the City.

(2)

The franchised operator shall be responsible for obtaining its own easements for private property, including privately owned utility or street light poles.

(3)

A franchised operator, through a separate pole or utility easement agreement with an affected utility, may locate the cable system on, or within, the property of the utility company.

(Ord. No. 5423, 10-10-17)

The term of a franchise may be for a period not to exceed ten (10) years from the date that a franchise agreement, or a franchise renewal agreement, is approved by the Council. Provided, a franchise may provide for an extension for an additional five (5) years as follows:

(1)

At any time between two (2) years and three (3) years prior to the expiration of the franchise, the cable operator may request an extension for up to an additional five (5) years.

(2)

Upon receipt of a request from the cable operator, the City shall review the performance of the cable operator. The performance review shall include, but not be limited to, consideration of the following:

a.

Compliance with City ordinances and the cable operator's franchise;

b.

Compliance with state and federal laws and FCC rules and regulations.

c.

Performance of the system;

d.

Technological upgrades and efforts to implement technological developments.

(3)

The City's review shall be completed within six (6) months of receipt of the request for extension.

(4)

If the City Council determines that the cable operator's performance has been satisfactory, then the extension shall be granted. If the City Council determines that the performance has not been satisfactory, then the franchise shall expire at the end of its original term.

(Ord. No. 5423, 10-10-17)

The City may develop rules and regulations with respect to the submission and processing of applications for a franchise. The rules and regulations shall primarily be aimed at determining the legal, financial, technical, and character qualifications of the applicant. [Unless otherwise prohibited by law, the rules and regulations may require an applicant to pay an application fee which shall be equal to the administrative costs associated with processing an application for a franchise]. If required, the total application fee must be paid prior to the Council's formal action on the franchise application and shall not be subject to refund. No application fee shall be required to renew an existing franchise provided that the cable operator has complied with the provisions of this ordinance and the franchise agreement.

(Ord. No. 5423, 10-10-17)

In addition to any requirements contained within this Article, all cable operators shall be expected to comply with all applicable provisions of the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, all later legislation directed at controlling or regulating cable operators, and any rules and regulations issued pursuant to this legislation. In addition, any franchise issued pursuant to this Article shall be subject to amendment to incorporate any federal legislation, rules or regulations which become effective after the date of the franchise.

(Ord. No. 5423, 10-10-17)

No person shall intercept or receive, or assist in intercepting or receiving, any communications service offered over a cable system, unless specifically authorized to do so by a cable operator, or as may otherwise be specifically authorized by law.

(1)

For purposes of this section, the term "assist in intercepting or receiving" shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for the unauthorized reception of cable service.

(2)

Without securing permission from a cable operator, or making payment to a cable operator, then no person shall be authorized to make any connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of an unauthorized or franchised cable system for the purpose of receiving or intercepting, or assisting others to receive or intercept any cable service provided lawfully by the cable operator.

(3)

No person shall be authorized to willfully tamper with, remove or damage any cable, wires, equipment, or facilities used for the distribution of cable services.

(4)

Any person who willfully violates this section shall be fined in an amount not to exceed three hundred dollars ($300.00) and shall be assessed the costs of the prosecution.

(Ord. No. 5423, 10-10-17)

The provisions of this Article will be deemed severable, and if any provision of this Article is held illegal, void, or invalid under applicable law, that provision may be changed to the extent reasonably necessary to make the provision legal, valid, and binding. If any provision of this Article is held illegal, void, or invalid in its entirety, the remaining provisions of this Article will not be affected.

(Ord. No. 5423, 10-10-17)

The City owns and operates the City of Fremont Natural Gas System through the City of Fremont, Department of Utilities (Utility). The City Council of Fremont, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal Natural Gas System 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 that is subject to taxation. The revenue from said tax shall be known as the Natural Gas Fund and shall remain in the custody of the Director of Finance. The Utility General Manager shall have the direct management and control of the Natural Gas System. The Utility and Infrastructure Board, shall make recommendations to the City Council, and the City Council shall have the authority to adopt rules and regulations for the safe and efficient management of the Natural Gas System. The City Council shall set the rates to be charged for services rendered by ordinance and shall have a copy available for public inspection at any reasonable time.

(Ord. No. 5650, § I, 8-8-23)

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

City. City shall mean City of Fremont Department of Utilities.

Department of Utilities or Utility. Department of Utilities or Utility shall mean department of the City of Fremont charged with providing electric, gas, water, and sewer utilities to the utility service territories. Department of Utilities or Utility can also mean services/agents contracted by the City of Fremont Department of Utilities.

Main. The term "main" is hereby defined to be any pipe other than a supply or service pipe used for the purpose of carrying natural gas to or distributing it in the City or the surrounding area

Meter rate. The term "meter rate" is hereby defined to be the rate or price to be charged for natural gas, based upon the quantity of natural gas consumed on any premises as measured by a natural gas meter, or estimated where the meter has been taken out for repair or not in working order, or for any other reason requiring an estimate to be made.

Service. The term "service" is hereby defined to be collectively a supply pipe and a service pipe and all associated fittings and appurtenances.

Service pipe. The term "service pipe" is hereby defined to be any pipe, fittings and appurtenances which extend beyond the main.

(Ord. No. 5650, § I, 8-8-23)

Every person desiring a supply of natural gas from the City shall make application to the Department of Utilities for the same. Application for service does not in itself bind the gas utility to serve the applicant, except under reasonable conditions, and in accordance with the applicable rate schedule.

Shortage of gas supply and interruptions of delivery: The Utility shall exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of gas to the customer, and to avoid any shortage or interruption or insufficiency of supply, or any loss or damage occasioned thereby. The Utility is not responsible for any loss or damage if the same is caused by a shortage of supply, interruption of delivery, unavoidable accident, act of God, fire, earthquake, strikes, riots, war or any other cause not within its control.

Whenever the Utility shall find it necessary for the purpose of making repairs or improvements to its system, it may suspend temporarily the delivery of gas, and notwithstanding any provision of this ordinance to the contrary, at its discretion, give such reasonable notice thereof as circumstances may permit to the affected customers. The making of such repairs or improvements shall be completed as rapidly as practicable and at such times as will cause the least inconvenience to the customers.

(Ord. No. 5650, § I, 8-8-23)

The rules, regulations, in this Article, shall be considered a part of every application hereafter made for natural gas 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 natural gas service by present consumers thereof and the furnishing of natural gas service to said consumer shall constitute a contract between the consumer and the City, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that may hereafter be adopted, the Utility or its agent, may cut off or disconnect the natural gas service from the building or premise or place of such violation. No further connection for natural gas service to said building, premise, or place shall again be made save or except by order of said City Council, or by a determination by the Utility.

(Ord. No. 5650, § I, 8-8-23)

No person except the City or any of its departments or divisions shall be authorized to do any of the following without a written contract or franchise, specifically authorizing the following:

(1)

To erect, construct, operate or maintain or use any natural gas pipeline, plant, meter, system, gasworks, or gas distribution system or facility within the City of Fremont Jurisdictional Limits in order to sell, transport or distribute or provide nonmunicipal natural gas or gas transportation to any natural gas user, transporter, or consumer within the City;

(2)

To interconnect any building, structure or facility of any kind to any natural gas pipeline or system of the City;

(3)

To acquire any natural gas pipeline, plant, meter, system, gas work, or gas distribution system or facility within the City of Fremont Jurisdictional Limits in order to sell, transport or distribute or provide nonmunicipal natural gas or gas transportation to any natural gas user, transporter, or consumer within the City of Fremont Jurisdictional Limits.

(Ord. No. 5650, § I, 8-8-23)

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. In the event that any street or alley must be closed for the excavations to be made, the Police and Fire Departments shall be notified prior to closing. 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 and supply pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition.

(Ord. No. 5650, § I, 8-8-23)

All pipelines, meters, regulators, appliances, fixtures and other apparatus shall be installed and replaced under the following regulations, except as otherwise specified:

(1)

Meters, appliances, etc. All service pipe, meter set assemblies and related apparatus installed by the Department of Utilities, upon or across any property or premises, for the purpose of delivering gas to consumers, shall remain the property of the City, and may be repaired, replaced or removed by the Department of Utilities at any time.

The owner or occupant of any property or premises where such installation has been made shall exercise reasonable care to prevent the service pipes, meter set assemblies and other related apparatus of the City from being damaged, destroyed or obstructed; and, in case any defect therein or damage thereto shall be discovered, he or she shall promptly notify the gas utility thereof.

(2)

Meter Installation and Location. All meter set assemblies and related apparatus shall be installed by the Utility and the owner of the property or premises shall provide a suitable and accessible location for same in accordance with applicable State and local building codes, and accessible at all times to properly authorized employees or representatives of the City.

No customer or owner shall construct any building, building addition, room or other obstruction over or around an existing meter location, or service line, or otherwise impair the accessibility of the system.

If a compartment is provided for housing the meter set assembly, related apparatus or any part thereof, it shall be used and occupied only and exclusively by and for such equipment.

(3)

Multiple Meter Installation and Location. In all buildings or locations where, separate meters are required for purposes of individual gas accounting or in cases where separate meters are installed to better facilitate the operation of customers' appliances, all meters shall be located at a central accessible point, or as prescribed by the Utility, and all house gas line inlets shall be properly identified, as prescribed by the Utility.

No additional meter or meters shall be installed at any location with existing meter or meter set assembly in the event such existing meter or meter set assembly is installed contrary to any provision of this Chapter or other applicable ordinances or laws.

The individual house lines connected to the outlet of the meters in all locations where two (2) or more meters are installed to service different customers in the same building or groups of buildings shall not be so tied together or interconnected in such manner as to permit or cause a back pressure on any of the other meters that are installed to service other customers located on the same property.

(Ord. No. 5650, § I, 8-8-23)

The City of Fremont Department of Utilities shall at all time have the right of ingress to and egress from the customer's premises at all reasonable hours for any purpose reasonable connected with the furnishing of natural gas and the exercise of any and all rights secured to it by law.

Any person who willfully and unlawfully prevents or causes to prevent the City from exercising its rights of ingress to and egress from the customer's premises, as set forth above, shall be guilty of a misdemeanor.

Every person taking natural gas supplied through the natural gas system of this City shall permit the Department of Utilities or its duly authorized agent, at all reasonable hours of the day, to enter their premises or buildings to read meters or to remove meters for repairs or inspection, or to examine the pipes and fixtures and the manner in which water is used, and shall at all times, frankly and without concealment, answer all questions relative to the consumption of natural gas.

(Ord. No. 5650, § I, 8-8-23)

The customer shall bear all risk and expense and shall be responsible to install and keep in good and safe condition, all piping and equipment required beyond the gas utility's meter for receiving gas from the gas utility, and for utilizing such gas including all necessary protective appliances, and the gas utility shall not be responsible for any loss or damage occasioned or caused by negligence, want of proper care, or wrongful act of the customer or customer's agents, employees, or licensees on the part of the customer installing, maintaining, using, operating, or interfering with any such regulators, service pipes, gas mains, appliances, fixtures or apparatus.

(Ord. No. 5650, § I, 8-8-23)

All expenses from natural gas service or from natural gas mains shall be borne by the applicant for natural gas service. The City Council shall by ordinance fix rate charges for natural gas consumed by customers, minimum bills, the amount of deposit as a guarantee for the payment of bills and all other fees or charges for service rendered by the Natural Gas System.

All natural gas shall be measured by meter; bills shall be paid monthly; and the customer will, in all cases, be held responsible and be required to pay for natural gas used at such premises. The amount of natural gas used will determine the price payable each month.

All fractions of a month shall be charged and considered as a full month. Monthly usage is determined to the nearest hundred cubic feet (ccf).

All officers of the City of Fremont, Department of Utilities are prohibited from allowing credit to customers. The Department of Utilities shall shut off natural gas from any premises in compliance with the disconnection procedures described in Section 3-901.

(Ord. No. 5650, § I, 8-8-23)

Natural Gas will not be turned on into any house or private service pipe except upon the recommendation of Department of Utilities and order of the Utility General Manager or its duly authorized agent, or until an occupancy permit has been issued. When the natural gas has been turned off from any consumer of City natural gas, the customer shall not turn it on or permit it to be turned on. Service shall only be restored by Department of Utility personnel or duly authorized agent. The Utility and Infrastructure Board and the Utility General Manager shall recommend and the City Council shall determine the fee for such services.

(Ord. No. 5650, § I, 8-8-23)

Where service pipe is intended to supply two (2) or more distinct tenants, and where only one (1) meter is used, the person controlling the same shall pay the natural gas charge of all parties who are thus supplied, as separate bills will not be made.

(Ord. No. 5650, § I, 8-8-23)

All natural gas consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Department of Utilities to shut off the natural gas, in which case he shall not be liable thereafter for natural gas charges until the natural gas is turned on again.

(Ord. No. 5650, § I, 8-8-23)

In addition to all other remedies, if a customer shall for any reason remain indebted to the City for natural gas service furnished, such amount due, together with any charges in arrears, shall be considered a delinquent natural gas charge which is hereby declared to be a lien upon the real estate for which the same was used. The City Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever the owners, their tenants or their lessees are sixty (60) days or more delinquent in the payment of natural gas charges.

(Ord. No. 5650, § I, 8-8-23)

The Utility General Manager or the City Council upon the recommendation of the Utility and Infrastructure Board may order a reduction in the use of natural gas or shut off the natural gas on any premise in the event of a natural gas shortage and shall not be liable for any damages caused by shutting off the supply of natural gas of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of natural gas due to circumstances over which the City has no control.

(Ord. No. 5650, § I, 8-8-23)

Any person wishing to change from one (1) location to another shall make a new application. 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 Department of Utilities who shall cause the natural gas service to be shut off at the said premise. If the consumer should fail to give such notice, he shall be charged for all natural gas used on the said premise until the Department of Utilities is otherwise advised of such circumstances.

(Ord. No. 5650, § I, 8-8-23)

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 Natural Gas System. No person may commit any act tending to obstruct or impair the intended use of any of the above-mentioned property without the permission of the Department of Utilities.

(Ord. No. 5650, § I, 8-8-23)

The Department of Utilities is hereby authorized to provide service and sell natural gas to persons outside the corporate limits of the City and shall charge such persons the rates, charges, fees, deposits, connection fees and minimum bills as are required by ordinance of the City Council and further, such persons shall pay any cost or expense incurred by the Department of Utilities beyond the City's corporate limits in providing the means for such natural gas service. No natural gas service will be provided to residents outside the corporate limits of the City who are eligible for annexation, without the recommendation of the Utility and Infrastructure Board and the approval of the Mayor and City Council.

Residents outside the corporate limits of the City who are not eligible for annexation may request natural gas service to be approved by the Mayor and City Council.

At the time any request for service is made by residents living outside the City limits, each shall sign an agreement with the City to annex when eligible. Refusal to annex when eligible would be grounds for the City to discontinue such service.

(Ord. No. 5650, § I, 8-8-23)

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing the System in accordance with the provisions of this Article.

(Ord. No. 5650, § I, 8-8-23)

The Department of Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Natural Gas System lying within said easement. No permanent buildings, trees, retaining walls, nor loose rock walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses or rights. The City may remove part or all of the above if necessary to perform its duties at the owner's expense. Variances to this section may be made by resolution of the City Council.

(Ord. No. 5650, § I, 8-8-23)

In addition to any other remedies afforded to the City or penalties assessed under this Article 12, any person who violates any of the prohibitions or provisions of any article is deemed guilty of a misdemeanor. the penalty for such violation shall be in any amount not to exceed one thousand dollars ($1,000) and/or imprisonment for any length of time not to exceed three (3) months, [at] the discretion of the court.

(Ord. No. 5650, § I, 8-8-23)

(a)

The City Council finds that it is necessary to specify requirements for the orderly, safe, and aesthetic deployment of small wireless facilities by telecommunications companies in the City.

(b)

The City owns and maintains public rights-of-way principally for use by the City and its residents for public purposes.

(c)

City rights-of-way are a finite resource and are subject to requests for use by others, including companies seeking use of rights-of-way in connection with small wireless facilities, which uses or activities can jeopardize or interfere with public health, safety, welfare, or use of rights-of-way by the City or its residents, and adversely affect aesthetics within the City.

(d)

It is necessary to regulate such uses of rights-of-way in the City to ensure they are conducted in a fair, safe, and orderly manner that does not jeopardize or interfere with public health, safety, welfare, or uses of rights-of-way by the City or its residents, and that minimizes potential adverse impacts on aesthetics within the City.

The City, in the interests of protecting public health, safety, and welfare, determines that it is appropriate to adopt rules and regulations governing small wireless facilities on or within public rights-of-way. The City through zoning also has authority to regulate uses of properties other than public rights-of-way in connection with small wireless facilities.

(Ord. No. 5699, 11-26-24)

For the purposes of this Article, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this Section or Neb. R.R.S. § 86-1201 et seq., known as the Small Wireless Facilities Deployment Act. The purpose of these provisions is to promote consistency and precision in the interpretation of this Article. The meanings and construction of words as set forth shall apply throughout this Article, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.

Action or to act. The City's grant of an application or issuance of a written decision denying an application.

Antenna. Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

Applicable codes. Any uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with federal, state or local law and to the extent such codes have been adopted by the City and are generally applicable in the City.

Applicant. Any person who submits an application and is a wireless provider.

Application. A written request submitted by an applicant to the City (1) for a permit to collocate small wireless facilities on an existing utility pole or support structure; or (2) for a permit for approval for the installation, modification, or replacement of a utility pole or support structure to support the installation of a small wireless facility.

Authority pole. A utility pole owned, managed, or operated by or on behalf of an authority.

Authorization. Any approval that the City must issue under this Article, applicable codes, or law prior to the deployment of a small wireless facility, along with any associated antenna equipment and support structure, including, but not limited to, zoning approval, building permit, and/or permit under this Article.

Cantenna means a cylindrical shaped antenna installed at the top of a pole.

Collocate or collocation. To install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a support structure or utility pole. Collocate or collocation does not include the installation of a new utility pole or new support structure in the right-of-way.

Communications facility. Any set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.

Communications network. A network used to provide communications service.

Communications service. A cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, or a wireless service.

Communications service provider. A cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service provider includes a wireless provider.

Decorative pole. A pole that is specially designed and placed for aesthetic purposes.

Deployment. Placement, construction, or modification of a small wireless facility.

FCC. The Federal Communications Commission.

Fee. A one-time, nonrecurring charge, to be collected upon application.

Ground mounted equipment. Equipment installed, affixed, placed, or situated at or below grade level, including without limitation equipment located at or below grade adjacent to sidewalks, drive aisles or streets, and is distinct from equipment mounted on existing above-ground infrastructure having a primary purpose unrelated to small wireless facilities, such as utility poles.

Historic district. Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)—(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.

Law. Applicable federal, state, or local laws, rules or regulations as adopted or amended from time to time, including without limitation, applicable provisions of Neb. R.R.S. § 86-1201 et seq., known as the Small Wireless Facilities Deployment Act.

Make-ready work. All work, as reasonably determined by the City, required to accommodate a small wireless facility on a utility pole, and to comply with all the City's applicable codes. Such work includes, but is not limited to, modification or replacement of utility poles or lines, installation of guys and anchors, rearrangement of existing equipment, inspections, reasonable consultant fees or expenses, permitting work, design, planning, construction, materials, cost of removal (less any salvage value), tree trimming (other than tree trimming performed for normal maintenance purposes), facility construction, or conduit system clearing, but does not include ordinary maintenance.

Microwireless facility. Any small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and with any exterior antenna no longer than eleven (11) inches.

Ordinary maintenance and repair. Routine maintenance and/or repairs that maintain functional capacity, aesthetic and structural integrity of a facility and do not increase the usefulness or life of the facility.

Permit. A written authorization, in electronic or hard copy format required by the City to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or an existing support structure, or to install, modify, or replace a utility pole or support structure to support installation of a small wireless facility.

Permittee. An applicant that has received a permit under this Article, and its successors and assignees.

Person. An individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization.

Public power supplier. A public power district or any other governmental entity providing electric service. Public power supplier includes a municipal electric utility or a rural public power supplier.

Rate. A recurring charge, collected on a regular basis such as annually.

Replace or replacement. In connection with an existing utility pole or support structure, to replace (or the replacement of) same with a new pole or structure, substantially similar in design, size and scale to the existing pole or structure and in conformance with this Article and any other applicable codes, in order to address limitations of the existing pole or structure to structurally support collocation of a small wireless facility.

Right-of-way. The area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in Section 39-1302, the National System of Interstate and Defense Highways, or a private easement.

Rural public power supplier. A public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class.

Sight triangle zone. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two-and-a-half (2 ½) feet and ten (10) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, sixty (60) feet in each direction along the centerline of the streets. At the intersection of major or other arterial streets, the sixty (60) foot distance shall be increased to ninety (90) feet for each arterial leg of the intersection.

Shot clock. The period of time in which the City is required to act on an application.

Small wireless facility. Any wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty (50) feet or less in height including the antennas or (b) are mounted on structures no more than ten (10) percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three (3) cubic feet in volume; (3) all other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than twenty-eight (28) cubic feet in volume; (4) the facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.

Support structure. Any structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. "Support structure" does not include a utility pole.

Technically feasible. By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a material reduction in the functionality of the small wireless facility.

Utility pole or pole. A pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. Utility pole does not include (1) support structures; (2) any transmission infrastructure owned or operated by a public power supplier or rural public power supplier; and (3) any distribution or communications infrastructure owned or operated by a rural public power supplier.

Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications; and (b) radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of technological configuration. Wireless facility includes small wireless facilities. "Wireless facility" does not include (a) the structure or improvements on, under, or within the equipment which is collocated; (b) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna; or (c) a wireline backhaul facility.

Wireless infrastructure provider. Any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or support structures, but that is not a wireless services provider.

Wireless provider. A wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider.

Wireless services. Any services using licensed or unlicensed spectrum, including the use of wi-fi, whether mobile or at a fixed location, provided to the public using wireless facilities.

Wireless services provider. A person who provides wireless services.

Wireline backhaul facility. An above-ground or underground facility used to transport communications services from a wireless facility to a communications network.

(Ord. No. 5699, 11-26-24)

This Article shall apply to all deployments of small wireless facilities on rights-of-way within the City and its two-mile extraterritorial jurisdiction, as amended or annexed from time to time, except as specifically excluded in this Section or in this Article. With respect to deployments on rights-of-way which are owned by another jurisdiction, the City shall coordinate its regulation under this Article with such jurisdiction, by agreement or otherwise, so that only one (1) of the jurisdictions regulates the same. This Article shall not apply to any facility that was in existence and authorized by an agreement with the City as of the effective date of this Article. Notwithstanding this Section, the shot clock for an application shall be governed by this Article or by an existing agreement, whichever provides for a shorter shot clock. Notwithstanding this section, application fees and yearly rates shall be governed by this Article or by an existing agreement, whichever provides for smaller fees or rates. Small wireless facilities shall be governed by this Article, and not by other lease requirements of the City or this Code. This Article shall not apply to the design, engineering, construction, installation, or operation of any small wireless facility located in the interior structure or upon the site of any college or university campus, stadium, or athletic facility not owned or controlled by the City, other than to comply with applicable codes, laws, or as otherwise agreed by the person or entity owning or controlling the college or university campus, stadium, or athletic facility. For an application submitted to the State of Nebraska regarding a location within right-of-way or other property owned or controlled by the State, to the extent that the State seeks a recommendation from the City regarding such application, the City shall apply the location and design standards of Section 3-111. The applicant for a location on such State right-of-way or other property shall provide to the City a copy of the application submitted to the State. City shall not require an application, permit, or other approval or charge fees or rates for ordinary maintenance of small wireless facilities, replacement of small wireless facilities with small wireless facilities that are substantially similar in weight or windage or the same size or smaller, or for the installation, placement, maintenance, operation or replacement of microwireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code. Except as otherwise provided in this Article, City requires a permit for all other work, and for any work that requires excavation or closing of sidewalks or any vehicular lanes within the right-of-way.

(Ord. No. 5699, 11-26-24)

It shall be unlawful for any person to install, maintain, or operate a small wireless facility, unless such person shall have previously obtained a permit under this Article from the City facilities in a single administrative proceeding.

[(1)

Reserved.]

[(2)

Reserved.]

(3)

Replacement or modification. A permittee shall be required to file an application and pay an application fee for the proposed replacement or modification of an existing small wireless facility, antenna equipment, or associated utility pole or support structure. In such case, the application shall include updated drawings of the facilities showing such replacement or modification. Such proposed replacement or modification shall be reviewed and acted upon by the City as if it were an initial application. This subsection does not apply, and no permit, application, or fee will be required, with respect to the replacement of a small wireless facility with a small wireless facility that is substantially similar in weight or windage or the same size or smaller, unless excavation or closing of sidewalks or any vehicular lanes within the right-of-way is required.

(4)

Shot clock. The City shall act on a filed application, and all associated requests, on or before the expiration of the shot clock period.

a.

The shot clock period for an application is the sum of:

1.

Ninety (90) days, plus an additional ten (10) business days if requested in writing by the City prior to the expiration of the ninety (90) days, plus;

2.

Such additional number of days of the tolling period, if any, pursuant to subsection (4)b. below.

b.

Unless a written agreement between the applicant and the City provides otherwise, the tolling period for an application, if any, is as set forth below:

1.

If the City notifies the applicant in writing on or before the twentieth (20th) day after submission that the application is incomplete, and specifically identifies the missing documents or information, the shot clock date calculation shall restart at zero (0) on the date on which the applicant submits all the documents and information identified by the City to render the application complete.

2.

Subsequent findings of incompleteness shall further toll the shot clock from the time the City sends written notice of incompleteness until the time the applicant provides the missing information.

3.

If the applicant submits new or additional documents or information that include material changes not otherwise required by the City, a new application and application fee shall be submitted, which will restart the shot clock at zero (0).

(3)

The shot clock deadline for an application is determined by counting forward, beginning on the day after the date when the application or any missing or additional information or documents, as the case may be, is submitted, by the number of calendar days of the shot clock period identified pursuant to this subsection (4); provided, that if the deadline calculated in this manner falls on a weekend or holiday, the deadline shall be the next business day after such date. The term "business day" means any day that is not a weekend day or holiday.

(5)

Permit issuance. Approval of an application authorizes the permittee to deploy, maintain and operate the small wireless facilities and any associated utility pole covered by the permit for a period of five (5) years in accordance with this Article, subject to applicable relocation requirements and the permittee's right to terminate at any time. At the end of each such term, such permit shall be considered automatically renewed for an equivalent duration so long as the permittee is in compliance with applicable requirements. Application review and permit issuance shall be conducted administratively by the Utility General Manager or designee.

(Ord. No. 5699, 11-26-24)

(a)

Application fees.

(1)

An application for a permit under this Article for the collocation of a small wireless facility on an existing utility pole or support structure shall be accompanied by an application fee in the amount specified in the Fremont Master Fee Schedule for up to five (5) small wireless facilities on the same application.

(2)

An application for a permit for a new, modified, or replacement utility pole or support structure intended to support one (1) or more small wireless facilities, and for one (1) small wireless facility to be placed on such pole or structure, shall be accompanied by an additional application fee as specified in the Fremont Master Fee Schedule.

(b)

Annual fees.

(1)

A permittee who is charged City occupation taxes under Neb. R.R.S. § 86-704 shall pay such occupation taxes and shall not be charged any additional amount for use of the right-of-way.

(2)

A permittee who does not pay the City occupation taxes under Neb. R.R.S. § 86-704 shall pay to the City an annual rate of specified in the Fremont Master Fee Schedule for each small wireless facility each year, or any applicable occupation taxes from time to time specified by City Ordinance under Neb. R.R.S. § 16-205.

(3)

For collocations of small wireless facilities on City poles in City right-of-way, permittee will pay City the amount specified in the Fremont Master Fee Schedule per pole per year.

(4)

The annual amounts described in subsection (b)(2) or (b)(3) above shall be determined on a calendar year basis and paid on or before January 1 of the calendar year to which they relate.

(c)

Costs. In addition to fees specified in this Section above, applicant or permittee shall be liable for and pay all costs and expenses specified by Sections 3-1301 through 3-1313, or otherwise incurred in connection with facilities, poles, equipment, or actions of applicant or permittee, including without limitation, the obligation of the applicant or permittee to reimburse to the City the actual cost of repair as provided in Section 3-1310.

(Ord. No. 5699, 11-26-24)

(a)

In the event that any facility of a permittee on City right-of-way or City property obstructs or hinders travel or public safety or obstructs or interferes with the legal use of such right-of-way or property by the City, utilities or other authorized users, as determined at the sole discretion of the City Engineer or any designee of the City Engineer ("City Engineer"), the City may provide written notice to the permittee of such interference, obstruction, or hindrance and of the need to resolve such interference, obstruction, or hindrance. Not in limitation of the immediately preceding sentence, in the event that any such facility of the permittee causes any radiofrequency interference to any City facilities or other uses of City right-of-way or City property, the City may notify the permittee in writing of such interference and the need to resolve such interference. Upon service of any notice under this subsection, the permittee shall remedy such interference, obstruction, or hindrance within ninety (90) days or, in the case of an emergency, within such shorter time period as directed by the City. If such interference, obstruction, or hindrance is not resolved in a timely manner, the permittee shall, at its own expense, remove its facilities from that location and restore the location to a condition equal to or better than the condition before construction or installation of the facilities. In such case, the permittee may apply for the relocation of similar facilities at another location satisfactory to the City Engineer, without payment of an application fee.

(b)

Within ninety (90) days following written notice from the City, the permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its facilities, whenever the City has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any City improvement in, under or upon the public right-of-way. The permittee shall be responsible to the City for any damages or penalties the City may incur as a result of the permittee's failure to remove or relocate the facilities as required in this subsection.

(c)

The City retains the right and privilege to cut or move any facility of the permittee located within the public right-of-way or on City property, as the City may determine in its sole discretion to be necessary, appropriate or useful in response to any public emergency, and the permittee will pay the cost. If circumstances permit, the City shall notify the permittee and give the permittee an opportunity to move its own facilities prior to cutting or removing the facilities. In all cases the City shall notify the permittee after cutting or removing the facilities as promptly as reasonably possible.

(d)

The permittee may cease using its facilities at a location. The permittee shall notify the City of its intent to cease using any facility at the time the decision is made, but in no case shall such notification be made later than thirty (30) days prior to the date the use ceases. The permittee shall, within thirty (30) days of such notice, remove its facilities at the permittee's own expense, unless the City determines and states in writing, in its sole discretion, that any part of the facilities may be abandoned in place. The permittee shall remain solely responsible and liable for all of its facilities until they are removed from the public right-of-way unless the City agrees in writing to take ownership of the abandoned facilities. For the purpose of this subsection, abandonment of facilities and cancellation of the related permit shall be deemed to have occurred after such facilities are not used for a period of ninety (90) days.

(e)

If the permittee fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its facilities or remove any of its abandoned or unused facilities or otherwise take any action as required in this Section, the City or its contractor may do so. In such case, the permittee shall pay all costs related to such work.

(Ord. No. 5699, 11-26-24)

In submitting an application and maintaining and operating its facilities, the permittee agrees to indemnify, defend and hold harmless the City, and all officers, officials, employees, and agents of the City, and each of them, from and against all claims, causes of action, costs, damages, demands, suits, judgments, and expenses, including without limitation court costs, costs of defense, and attorney fees, arising out of or resulting from, in whole or in part, any acts or omissions of permittee or any owner, director, officer, manager, partner, employee, contractor, agent, successor or assign of permittee (each referred to as "Affiliated Party") in connection with a permit, this Article, use of City rights-of-way, or the installation, construction, operation, maintenance, replacement, modification, or repair of facilities, whether or not any act or omission complained of is authorized, allowed, or prohibited by the permit or this Article. Execution and submission of an application by the applicant shall be deemed to constitute an agreement to the provisions of this Section.

(Ord. No. 5699, 11-26-24)

(a)

Upon and after application, the permittee, at permittee's cost and expense, shall obtain and maintain during the term of the permit and completion of all work on City property, the type and amount of insurance as specified by the City Engineer in accordance with City policies at the time an application is submitted, and at a minimum including the following: (1) commercial general liability ("CGL") with a limit of one million dollars ($1,000,000.00) per occurrence for bodily injury (including death) and property damage liability and five million dollars ($5,000,000.00) general aggregate including products/completed operations and explosion, collapse and underground hazards, and completed operations and waiver of subrogation in favor of City; (2) commercial automobile liability insurance with limits of one million dollars ($1,000,000.00) Combined Single Limit ("CSL") each accident for bodily injury and property damage covering all owned, hired, and non-owned motor vehicles; (3) workers' compensation insurance in compliance with the statutory requirements of the state(s) of operation and employer's liability with a limit of five hundred thousand dollars five million dollars ($500,000.00), each accident/disease/policy limit. On all such policies and certificates of insurance other than workers compensation and employer's liability coverages, permittee shall cause City to be included as an additional insured on such coverages on a primary and non-contributory basis for the duration of the permit and completion of all work on City property, and shall waive subrogation of claims against City as an additional insured. All such policies and certificates of insurance shall be issued by companies authorized to do business in the State of Nebraska. A certificate of insurance shall be filed with the City Clerk's office prior to commencement of any construction or installation or other work or activity under a permit.

(b)

Upon and after application, the permittee of a permit located on right-of-way or other City property shall provide and maintain in effect a bond with a surety, in favor of the City, in the minimum amount of fifty thousand dollars ($50,000.00), to cover all permitted sites of the permittee. The exact amount of the surety bond is to be determined by the Fremont Electrical Utility based upon factors, including without limitation, the number of locations and volume of work. The surety of the bond shall be a surety company licensed to do business in Nebraska. The bond shall be conditioned:

(1)

That the permittee and its successors or assigns shall indemnify, defend, and hold harmless the City and City officers, officials, employees, and agents as set forth in Section 3-1308.

(2)

For the maintenance of the sidewalk or public right-of-way.

(3)

For the compliance with the permit, this Article, and all applicable laws regarding the permitted facilities and the use of the City right-of-way or other property.

(4)

For the return of the sidewalk, street, right-of-way or other public property to equal or better condition as existing prior to commencement of any work pursuant to the permit.

(Ord. No. 5699, 11-26-24)

As

a condition of the issuance of a permit under this Article, the permittee shall perform the following duties:

(1)

Small wireless facilities and associated communications facilities, utility poles and support structures shall be located, installed and maintained so that they do not endanger the lives, health or safety of persons, or interfere with any public improvements the City or other governmental entities (including any traffic control devices or signs, gas, electric, storm water, sanitary sewer or water utilities or enterprises) now or hereafter have in place or may deem proper to make. The location, installation or maintenance of the small wireless facility and associated communications facilities, utility pole and support structure shall not hinder or obstruct the usual travel or public safety on right-of-way, or obstruct the legal use of right-of-way by utilities or the safe operation of their systems or provision of service.

(2)

All construction, excavation, maintenance and repair work done by the permittee shall be done in a safe, workmanlike and expeditious manner which minimizes inconvenience and danger to the City, the general public and individuals. All such construction, excavation, maintenance and repair work done by the permittee shall comply with all applicable codes and laws. The City shall have the right to inspect all construction or excavation work to ensure compliance with applicable codes, laws, and permits, and may order the permittee to perform corrective work. All right-of-way or other City property disturbed by permittees' activities shall be promptly restored by the permittee at its expense to its former condition, subject to inspection by the City. If the permittee fails to make or perform required repairs, correction, or restoration, the City may give the permittee written notice of the required work. If after such notice the permittee fails to do the required work within fourteen (14) days, the City may do the work, and permittee shall pay the City the reasonable cost of such work. The City shall grant the permittee a ten-day extension to perform work if requested by the permittee within the original fourteen-day period. In the event of immediate threat to life, safety, or to prevent serious injury, the City may immediately undertake to do the work and then notify the permittee and charge the permittee for all applicable costs.

(3)

All small wireless facilities and associated communications facilities, utility poles, support structures, improvements, and work shall be installed, constructed, maintained, operated, modified, repaired, replaced, and carried out in a safe, workmanlike, and expeditious manner, in accordance with all applicable law, and providing reasonable protection against injury or damage to any and all persons or property.

(4)

Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control and other devices, signs, lights, and precautions to protect, warn and guide the public (vehicular and pedestrian) through the work zone or as otherwise appropriate in connection with permitted work or improvements. The manner and use of any traffic control devices, signs, lights, or precautions shall be described within a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is filled and finished to the satisfaction of the City, or as otherwise directed by the City.

(5)

All construction and use of the small wireless facilities and associated communication facilities, utility poles, and support structures shall comply with the permit and approved final plans and specifications. Upon completion of installation of the small wireless facilities and associated communication facilities, utility poles and support structures, the permittee shall notify the Fremont Electric Utility within three (3) business days of the completion of said work so that the City may conduct an inspection as provided for above. Any construction that does not conform to the permit and approved final plans and specifications, or applicable law, shall be reconstructed or repaired to conform to such requirements within five (5) business days. If permittee fails to satisfy such requirements within five (5) business days, the City may revoke the associated permit.

(6)

If a new utility pole or support structure is to be built or installed for the sole or primary purpose of supporting a small wireless facility, such pole or structure shall comply with all applicable codes and law.

(Ord. No. 5699, 11-26-24)

The City desires to promote aesthetically acceptable and area conforming wireless facilities. Wireless facilities deployed in the City shall use equipment and techniques that minimize visibility and perceptibility of small wireless facilities to the greatest extent feasible, including without limitation, using the smallest and least intrusive equipment, shapes, colors, placements, and other camouflaging techniques available with respect to small wireless facilities. All facilities in the public right-of-way must comply with all applicable provisions in this Section.

(1)

All small wireless facilities shall meet the following requirements:

a.

Concealment elements must be incorporated into the proposed design of the small wireless facility installation and must include approved camouflaging or shrouding techniques.

b.

Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the greatest extent technically feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment elements must be non-reflective and painted or otherwise colored the same as the existing support structure;

c.

The antenna shall be no more than three (3) cubic feet in volume. All other equipment associated with a small wireless facility, whether ground-mounted or pole-mounted, together, shall be no more than twenty-eight (28) cubic feet in volume. The antenna and related equipment must be the smallest size technically feasible with substantially the same performance as larger alternatives;

d.

The color of the small wireless facility shall be the same as the color of the utility pole or support structure upon which it is attached;

e.

There shall be no advertising or signs on the small wireless facility, except for equipment logos, specifications, or maintenance instructions that are generally not readable from the ground or from ten (10) feet away, and except for signage required by the FCC;

f.

A small wireless facility shall be mounted at a height no more than the greater of (a) fifty (50) feet, including the antenna; or (b) five (5) feet above an existing utility pole in place as of the effective date of this Article and located within five hundred feet in the same right-of-way;

g.

Cantennas shall be no more than twelve (12) inches in diameter and forty-eight (48) inches in height;

h.

If the antenna of the small wireless facility is side-mounted, it shall not protrude more than eighteen (18) inches beyond the side of the pole, and shall not extend beyond the height of the pole;

i.

Collocations between wireless service providers on the same support structure is required wherever technically feasible. If an applicant proposes not to collocate in areas where options are or appear to be available, the applicant must document why the collocation is infeasible;

j.

Cabling shall be located within conduit or inside the pole or support structure to as great a degree as possible, and otherwise shall be as flush to the pole or support structure as possible. Any support arms shall use flanges or channels to conceal exterior cables and passive radiofrequency gear. Shrouds, sleeves, or ninety-degree connectors shall be used to prevent exposed cables;

k.

When facilities are permitted to be pole-mounted, facilities other than the antenna(s), electric meter and disconnect switch must be concealed within an equipment shroud. The facilities must be installed at a height that presents the least aesthetic impact, but in no event lower than twenty (20) feet above ground level, except for the disconnect switch. The equipment shroud must be non-reflective and painted, wrapped or otherwise colored to match the support structure. Shrouds must be mounted flush to the support where feasible. Standoff mounts must provide the minimum separation distance from the support structure necessary for feasibility;

l.

A small wireless facility shall include a disconnect switch. The disconnect switch shall be no more than twelve (12) cubic inches in size, shall be painted the same color as the pole or support structure, and shall be mounted on the pole or support structure at a maximum of six (6) feet above grade, unless otherwise directed by the City Chief Building Official;

m.

Unless otherwise required by the City, or for compliance with FAA or FCC regulations, small wireless facilities shall not include any lights or lighting;

n.

City may request technically feasible alternative locations for the collocation of small wireless facilities pursuant to Section 86-1237(5)(d) of the Act, and the applicant will cooperate with the City to address the City's request. If an applicant reasonably believes an alternative location is infeasible, it must document to the City the basis for the applicant's belief;

o.

By publication of this Chapter, all Applicants are notified that the City desires to reserve space on Authority Poles in the City for such uses or purposes from time to time determined in the sole discretion of the Fremont Utility General Manager or any designee of the General Manager. Not in limitation of the foregoing, all wireless facilities located or collocated on a City-owned pole on which a decorative banner may be placed, or located or collocated on any other pole in City right-of-way on which City has the right to place a decorative banner, must be placed above the banner or place designated by the City for a banner for that specific pole;

p.

All wireless facilities located or collocated on City-owned or other poles in right-of-way must be placed on the backside of the pole, facing away from the nearest street;

q.

If decorative street lights and poles have been installed in a neighborhood or district, small wireless facilities shall only be installed at intersections as combination poles designed for mounting street lights and small wireless facilities and matching the decorative street lights and poles. The purpose of this is to eliminate the removal of decorative street lights mid-block and to preserve the intended decorative aesthetics of the neighborhood or district;

r.

If wireless equipment for both 4G and 5G technology is to be collocated on the same pole, the City requires a cantenna for the 4G equipment where technically feasible, and a maximum of three (3) antennas per pole aside from the cantenna;

s.

Small wireless facilities must not be installed or strung up using cables or wires between poles or structures when technically feasible alternatives exist, such as collocating to a pole or mounting on the ground;

t.

Small wireless facilities shall not be allowed on traffic signal systems; and

u.

Such other requirements as established and published by the City Administrator from time to time, which other requirements shall be effective with respect to applications filed on or after the publication date. For this purpose, publication shall mean posting by the City Administrator or the City Administrator's designee in three (3) public places in the City, or publication by such other method as specified by the City Administrator or City Administrator's designee from time to time.

(2)

A new or replacement utility pole for a small wireless facility, referred to in this subsection as a "new pole," shall be subject to the following requirements:

a.

The new pole shall meet the generally applicable standards for such poles as established by the owner of such poles or applicable law.

b.

The new pole shall comply with applicable codes of general applicability.

c.

The new pole shall be substantially similar in color, diameter, material, style, design characteristics, and arm structure of the nearest adjacent existing poles; provided, that there shall be no new installations of wooden poles.

d.

A new decorative pole replacing an existing decorative pole shall conform to all applicable design aesthetic features of the decorative pole being replaced, including concealing all equipment and wiring within the replacement pole.

e.

If the existing street light poles are not capable of accepting new equipment, the provider must remove and replace those poles with a combination pole designed for mounting street lights and small wireless facilities.

f.

The height of a new pole shall not exceed the greater of (a) five (5) feet above the tallest existing utility pole in place as of the effective date of this Article located within five hundred (500) feet of the new pole in the same right-of-way; or (B) fifty feet above ground level.

g.

The diameter of the new pole shall be no more than fourteen (14) inches; provided, that the bottom sixty-six (66) inches of the new pole may be no more than eighteen (18) inches in diameter.

h.

The new pole shall be in alignment with existing trees, utility poles, and streetlights.

i.

The new pole shall be an equal distance between trees when possible, with a minimum of fifteen (15) feet separation such that no proposed disturbance shall occur within the critical root zone of any tree.

j.

The new pole shall be placed with appropriate clearance from existing utilities, to accommodate the passage of traffic in the right-of-way and any work done on or around the facilities.

k.

The new pole shall be placed outside of the required sight triangle zone, where pedestrian trails, sidewalks, and streets intersect(s).

l.

The new pole shall be placed so as not to be located along the frontage of a Historic District.

m.

The new pole shall not be placed within fifty (50) feet of the apron of a fire station or other emergency service responder facility.

n.

In accordance with existing standards for street light poles, and provided it does not result in an effective prohibition of service, a new pole shall be located no closer than one hundred fifty (150) feet from an existing street light pole on an arterial or collector street, and no closer than one hundred (100) feet from an existing street light pole on a local or residential street. This requirement shall not prevent the replacement of light poles in place as of the effective date of this Articles that do not meet this spacing requirement.

o.

A new pole shall not be located within seven (7) feet of an electrical conductor unless the applicant obtains the written consent of the entity that owns or manages the electrical conductor.

p.

New or existing poles, support structures, or other structures, equipment, or facilities shall not interfere with, obstruct, or obstruct access to or use of:

1.

Any existing above ground or underground right-of-way user facilities, or public facilities.

2.

Any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors.

3.

Any public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike sharing stations).

4.

Fire hydrants or fire escapes.

5.

Any doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way.

(3)

All small wireless facilities, and all of their associated equipment, ground equipment, communications facilities, and utility poles and support structures, shall comply with the following requirements:

a.

So as not to impede or impair public safety or the legal use of the right-of-way by the traveling public, ground mounted equipment must be installed below grade, or if installation below grade is not technically feasible, concealed in a ground-mounted cabinet. If technically feasible, new ground-mounted small wireless facilities must be collocated in an existing cabinet. Ground mounted cabinets must comply with the following design standards:

1.

In urban sections with curb and gutter, ground mounted equipment shall not be located closer than four (4) feet from the pavement or face of curb, and shall not be located closer than two (2) feet from a sidewalk, bike lane, or shared-use path as measured to the nearest part of the equipment.

2.

In rural sections with open ditches, ground mounted equipment shall be located at least one (1) foot inside the right-of-way line. Ground mounted equipment shall be placed outside of all sight triangle zone(s).

3.

Ground mounted equipment locations shall be located a minimum of twelve (12) feet from driveway aprons as measured parallel to the right-of-way or as determined by the City Engineer in a field sight distance inspection.

4.

Ground mounted equipment shall be consistent with any applicable design standards of the Fremont Guidelines and Regulations for Driveway Location, Design and Construction, most current edition at the time an application is submitted. Ground mounted equipment must be secured to a concrete foundation or slab with a breakaway design allowing the equipment to disconnect from the foundation in the event of collision or impact.

5.

Screening of ground mounted equipment with a variety of plant material may be required based on the characteristics of the surrounding area.

6.

Not in limitation of immediately preceding subsection "g," all proposed ground mounted equipment shall comply with applicable design, landscape, screening, or camouflaging requirements in effect when an application is submitted, if any, including without limitation, any such requirements based on surrounding context, colors, materials, locations, plants, and planting plan.

b.

Such items shall not materially interfere with sight lines or clear zones for air or land transportation or pedestrians.

c.

Such items shall not obstruct or hinder the usual travel or public safety on right-of-way, or obstruct the legal use of right-of-way by utilities or the safe operation of their systems or provision of service.

d.

Such items shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement.

e.

Such items shall comply with applicable design, landscape, screening, or camouflaging requirements in effect when an application is submitted, if any, including without limitation, any such requirements based on surrounding context, colors, materials, locations, plants, and planting plan.

f.

Such items shall comply with applicable codes and laws of general applicability.

(4)

Regardless whether or not poles, support structures, or other infrastructure on or to which small wireless facilities will be attached are privately or publicly owned, requirements of Sections 3-1301 through 3-1313, including without limitation, permitting and aesthetic requirements, shall apply with respect to small wireless facilities attached on or to any poles, support structures, or other infrastructure located within City right-of-way, except to the extent expressly proscribed by the Small Wireless Facilities Deployment Act.

(Ord. No. 5699, 11-26-24)

(a)

In its application, the applicant shall identify any make-ready work proposed to be performed by the City. Within one hundred twenty (120) days after receipt of a completed application that includes a proposal for make-ready work that the Fremont Electrical Utility determines satisfactory, the City shall provide a preliminary good faith estimate of the cost of such make-ready work to be paid by the applicant to the City. The applicant shall accept such good faith estimate by paying to the City the amount of the estimated cost, after which City shall commence the make-ready work. Make-ready work to be performed by the City shall be completed within ninety (90) days after written acceptance of the good faith estimate by the applicant, subject to any delays for causes beyond the control of City. Upon the City's completion of the make-ready work, the applicant shall pay the City, or the City shall refund to the applicant, as the case may be, the difference between the cost estimate paid and the actual cost. Total fees shall not exceed actual costs of the make-ready work. Alternatively, the City and the applicant may agree that the applicant or a party other than the City may perform the make-ready work, subject to the City's approval before and after the work.

(b)

The City may require replacement of the utility pole if the Fremont Electric Utility determines that the collocation would make the utility pole structurally unsound. The person owning the utility pole shall not require more make-ready work than required to meet applicable codes and industry standards.

(Ord. No. 5699, 11-26-24)

A permittee may assign its rights to a permit, small wireless facility, and associated equipment or structures it owns, to an assignee. Such assignment shall not be effective until closing on the permittee's conveyance of the small wireless facilities and associated equipment or structures to the assignee, and the applicant and the assignee sign and file with the Planning Department a notice of assignment, containing:

(1)

The assignee's name, address, telephone number, and e-mail address, including emergency contact information;

(2)

Exact location of all small wireless facilities and associated equipment or structures being assigned; and

(3)

Assignee's assumption of all permittee's obligations under the permit, this Article, and applicable law, in form and content satisfactory to the City Engineer.

(Ord. No. 5699, 11-26-24)