Legal Notices
(First pub. June 11, 1953)
John R. Gallagher, Attorney
NOTICE OF HEARING OF
PETITION FOR FINAL
SETTLEMENT OF
ACCOUNT
COUNTY COURT OF HOLT
COUNTY, NEBRASKA.
ESTATE OF LYLE C. SMITH
A/K/A CLINTON SMITH, DE
CEASED.
THE STATE OF NEBRASKA,
TO ALL CONCERNED:
Notice is hereby given that a
petiion has been filed for final
settlement herein, determination
of heirship, inheritance taxes,
o fees and commissions, distribu
tion of estate and approval of fi
nal account and discharge, which
will be for hearing in this court
on July 1, 1953, at 10 o’clock,
A.M Entered this 8th day of
June, 1953.
LOUIS W. REIMER
County Judge
(COUNTY COURT SEAL) 6-8
(First pub. June 25, 1953.)
Julius D. Cronin, Attorney
NOTICE OF HEARING OF
PETITION FOR FINAL
SETTLEMENT OF
ACCOUNT
COUNTY COURT OF HOI.T
COUNTY, NEBRASKA.
ESTATE OF MABEL H.
GATZ, DECEASED,
o THE STATE OF NEBRASKA,
TO ALL CONCERNED:
Notice is hereby given that a
p>*iiinn has been filed for final
settlement herein, determination
of heirship, inheritance taxes,
fees and commissions, distribu
tion of estate and approval of
■final account and discharge,
which will be for hearing in
this court on July 8, 1953, at 10
o’clock, A.M. Entered this 12th
day of June, 1953.
LOUIS W. REIMER
County Judge.
(COUNTY COURT SEAL) 7-Pc
Ordinance No. 263-A
MUNICIPAL WATER SYSTEM
An ordinance relating to mu
nicipal water system; to provide
rules and regulations, governing
and controlling the waterworks
system of the City of O’Neill,
Holt County, Nebraska; to pro
vide penalties for the violation
thereof; to repeal all ordinances
and parts of ordinances in con
flict therewith and particularly
Ordinances numbered 78A and
118A; and to prescribe the time
when this ordinance shall be in
full force and take effect.
BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF
THE CITY OF O’NEILL, NE
BRASKA'
Cl) ARTICLE PART OF CON
SUMER’S APPLICATION AND
CONTRACT. — The City of O'
Neill, Nebraska, through its wa
ter commissioner, shall furnish
water to persons within its cor
porate limits whose premises
abut a street or alley in which
a city commercial main now is,
or may be hereafter, laid; and
may furnish water to persons
within its corporate limits whose
premises do not abut a street or
alley in which a city commercial
main now is, or may hereafter
be, laid and may also furnish
water to persons whose premises
are situated outside the corpor
ate limits of city, as and when,
according to law, its water com
missioner may see fit to do so.
The rales, regulations and wa
Insurance of All
Kinds
INSURANCE
Bonds — Notary Public
20% SAVINGS ON
YOUR PREMIUMS
RELIABLE COMPANIES
PROMPT SETTLEMENTS
Office in Gillespie
Radio Bldg.
PHONE 114 or 218
— O'NEILL — 4
L G. GILLESPIE
AGENCY
Established in 1893
SLIDE HAY
STACKERS
\7m have the original Slide
Stackers built by J< B. Sorey.
Can furnish with steel or
wood pulleys, cable or rope.
Other extra accessories in
clude cage, steel arm facings,
or steel shod runners.
Write:
Farmers Lumber &
Supply Company
Bassett. Nebraska
Or Phone 333, Collect
LIVESTOCK
j AUCTIONS
Every Tuesday
! ★
Hog Auction Starts
at 1 P-M.
Cattle Auction Follows
Consign your livestock
where there are always
plenty of buyers.
★
YOUR CONSIGNMENTS
| WILL BE APPRECIATED.
Atkinson Livestock
MARKET
Phone 5141
Atkinson, Nebraska !
ter rates hereinafter named in
this Ordinance shall be consider
ed a part of every application
hereafter made for water service
to city and shall be considered a
part of the contract between ev
ery consumer now or hereafter
served by city. Without further
formality, the making of appli
cation on the part of any appli
cant, or the use or consumption
of water service by present con
sumers thereof, and the furnish
ing of water service to applicant
or consumer by city shall con
stitute a contract between appli
cant or consumer and city, to
which contract both parties are
any of the provisions of contract,
bound. If consumer shall violate
or any reasonable rules and reg
ulations that the water commis
sioner may hereafter adopt, wa
ter commissioner, or his agent,
may cut off or disconnect the
water service from the building
or premises or place of such vio
lation; and no further connection
for water service to said build
ing, premises or place shall again
be made save or except by order
of water commissioner, or his
agent.
(2) APPLICATION, TAP FEE,
TAPPING. — Every person de
siring a supply of water from the
City system must make applica
tion therefor to the Water Com
missioner upon blanks furnished
therefor by the City. Such ap
plications shall be accompanied
by a tap fee in .the amount of
$10.00. The application must be
made at least one day before
excavation is to be made, and
must state the size of the tap
required, the size and kind of
service pipe to be used, the
street on which main is to be
tapped, name of owner, street
number of property and legal
description of property, the pur
pose for which water is to be
used, time when tap is to be
made and any other particulars
necessary to an understanding of
the subject. The actual tapping
shall be done by City under di
rection of the Water Commis
sioner. No tap shall be made un
til the permit is taken out which
permit shall be issued by the
Water Commissioner if he ap
proves such application for
same. No person except the Wa
ter Commissioner or his lawful
ly designated agents, shall, un
der any circumstances, tap the
commercial mains of the City or
insert ferrules thereon. All costs
of excavations, and carrying wa
ter from City mains to consum
ers property shall be at the ex
pense and risk of consumer.
(3) STREET EXCAVATIONS,
BONDED PLUMBERS MAKE,
PERMIT AND FEES FOR: WA
TER SERVICE, APPLICATION
FOR. — Excavations in streets
or alleys of the City of O’Neill,
Nebraska, on connection with its
waterworks system shall be
made only by bonded plumbers
after issuance to them of writ
ten permits by the water com
missioner, or his agent, upon
written application for water
service, upon blanks to be sup
plied by said city for that pur
pose. For each permit issued ap
plicant, or his agent, shall pay
water commissioner the fee of
$2.50, which shall cover the cost
of all plumbing inspections and
issuance of certificates of satis
factory inspection on the water
job. The application must state
truly and fully for what purpose
and all uses to which the water
is to be applied, and no different
or additional use will be allow
ed, except by permission of the
water commissioner. Not more
than one house, apartment unit
or business premises shall be
supplied from one tap unless
separately metered, except by
special permission granted bv
City Council.
(4) WATER, WHEN TURNED
ON. — Water will not be turn
ed in any house or private ser
vice pipe except upon the order
of the water commissioner, or
his duly authorized agent
Plumbers are strictly prohibited
from turning the water into any
service pipe, except on the order
or permission of the water com
missioner, or his duly authorized
agent. This rule shall not be con
strued to prevent any plumber
admitting water to test pipes,
and for that purpose only. No
person, except the water com
missioner, or his agent, shall by
any device turn on water for
use on any premises after the
same shall have been shut off for
non-payment of bills, or for any
other cause.
(5) WATER NOT TO BE SUP
PLIED TO OTHER FAMILIES
BY CONSUMER; NO FURTHER
ALTERATION WITHOUT CON
SENT OF WATER COMMIS
SIONER; STEALING WATER.
—No consumer shall supply wa
ter to other families or suffer
them to take or in any manner
use the same off his premises.
After water has been introduced
into any building, or upon any
premises, no person shall make,
or employ any plumber or other
person to make, any tap or con
nection with the pipe upon the
premises for alteration, exten
sion, or attachment, without the
permission of the water com
missioner. It is hereby declared
unlawful for any person not a
consumer of the water system of
this city habitually to take , r
draw water for domestic use
from any taps or facilities not his
own.
(6) RESTRICTIONS ON WA
TER USE DURING FIRE. —
All persons using water shall
keep the hydrant, hose, water
closet, urinals, fountains, bath
and all other fixtures allotted to
their use, closed during fire, and
shall be responsible for any dam
age or injury that may“ result
to others from the improper use
of said water.
(7) HOUSE BOILERS, CON
STRUCTION OF; CITY NOT A
GUARANTOR OF CONTINU
OUS SERVICE: CONSUMER
KEEPS SERVICE APPARATUS
FROM FREEZING. — All house
boilers shall be constructed with
one or more air holes near the
top of the inlet pipe and suffi
ciently strong to bear the pres
sure of the atmosphere under
vacuum. The stop cocks and oth
er appurtenances must be suffi
ciently strong to bear the pres
, sure and rim off the water in the
mains. All persons taking water
shall keep their own service
pipes, stop cocks and apparatus
in good repair and protect them
from frost at their own expense,
and shall prevent all unnecessary
waste of water. It is stipulated
by the city and water commis
sioner that no claim shall be
made against them, or either of
any cause the supply of water
them, by reason of the breaking
of any service cock, or if from
fails, or from damage arising
from shutting off water to repair
mains, making connections, ex
tensions, or for any other pur
pose that may be deemed neces
sary, and the right is hereby
reserved to cut off the supply of
water at any time any permit
granted to the contrary notwith
standing.
(8) WATER SERVICE, HOW
SECURED AFTER SHUTOFF;
FEE FOR TURNING ON. —
When the water has been turn
ed off from any consumer he
shall not turn it on, or permit it
to be turned on, without the
written consent of the water
commissioner or his authorized
agent. Whenever any water shall
have been shut off by reason of
the non-payment of water rent,
or from any other violation of
this article, the same shall not
be turned on again until payment
has been made of all rent due,
or until the removal of the cause
for which the water was shut
off, and the further payment of
two dollars to the city as a fee
for turning the water on again.
(9) WATER COMMISSIONER,
RIGHT TO ENTER PREMISES
OF CONSUMER. — Every one
using the water system of this
city shall permit the water com
missioner, or his duly authorized
agent, at all hours of the day
between seven o’clock A.M. and
six o’clock P.M. to enter his
premisees or buildings to exam
ine the pipes and fixtures, and
the manner in which the water is
used, and must at all times,
frankly and without conceal
ment, answer all questions rela
tive to consumption of water.
(10) HOSE REGULATIONS;
LIMIT ON USE OF WATER. —
No hose shall be used unless wa
ter is furnished through meter.
The right is reserved to suspend
the use of fountains and hose for
sprinkling yards and gardens
whenever in the opinion of the
water commissioner the public
exigency may require.
(11) SERVICE PIPE; SPECI
FICATIONS!, REPAIRS AND
REPLACEMENTS. — All ser
vice or other underground pipe
hereafter laid beyond the point
of union with the commercial
main in the street or alley and
on the premises of consumer to
such point in the building or
basement, as water commission
er shall designate, shall be of
copper, of such strength and
quality as the water commission
er shall prescribe. All curb boxes
and all service pipe between
commercial main and curb box,
when leaking or out of condi
tion, shall be replaced or repair
ed by the consumer at the con
sumer s expense. All consumers,
whose service pipes beyond the
curb box on the property side,
are leaking or for any other
cause are out of condition, shall,
when notified by the water com
missioner in writing, repair or
replace the same at their own
expense. All service pipe under
ground, when needing repair,
shall be replaced with copper
pipe approved by the water com
missioner. Should any consumer
faiil, neglect or refuse to repair or
replace his service pipe after ten
days notice in writing so to do,
the service will be cut off at the
curb cock until such repairs or
replacements are made.
(12) SAME, EXTRA LENGTH.
—Every copper service pipe
must be sufficiently waving to
allow not less than one foot ex
tra length, and laid in such man
ner as to prevent rupture by
settling.
(13) SAME, DEPTH OF
TRENCH. — All service pipe
must be laid as much under the
surface of the ground as the
main in the street, unless oth
erwise ordered by the water
commissioner and in all cases
be so protected as to prevent
rupture by freezing.
(14) STOP COCKS. — Every
pipe must be provided with a
stop cock for each consumer,
easily accessible and so situated
that the water can be conven
iently shut off, stop cocks to be
known as inverted key Minne
apolis pattern round way curv
stops, MUELLER’S, or any oth
er equally as good, to be deter
mined by the water commission
er.
(15) SAME, WHERE PLACED;
STOP BOXES. — Unless other
wise permitted, stop cocks shail
be placed in the service pipe at
or near the curb line, and pro
tected by a standard stop box,
Minneapolis pattern, or other
equally as good, to be determin
ed by the water commissioner.
The stop box shall reach from
the top of the ground to the stop
cock in the service pipe and shall
be of suitable size to admit a
stop key for turning on and off
the stop. The stop box shall be
equipped with a cast iron cov
ering having the word “Water"’
or the letter “W” marked there
on, and shall be so placed as to
be level with top cover of meter
box; and shall in each instance
be placed uniformly at a point
at or near the curb line.
• (16) STOP AND WASTE. —
There shall be a stop and waste
cock attached to every supply
pipe at a point in the building
so as to admit of water being
shut off in frosty weather and
and the pipes being emptied.
(17) SERVICE PIPE EXCA
VATIONS IN STREETS;
EARTH DEPOSITS FROM. — In
making excavations in streets or
highways for the laying of ser
vice pipes or making repairs, the
planks or pavement, stones and
earth removed must be deposit
ed in a manner that will occa
sion the least inconvenience to
the public and provide for pas
sage of water along gutters.
(18) SAME; BARRICADES
AND LIGHTS. — No person
shall leave any excavations made
in a sidewalk, street or highway
open at any time without a bar
ricade, and during the night
warning lights must be main
>tained at such excavations.
(19) SAME; EARTH RELAID,
HOW; COMMERCIAL MAINS,
NO TAPPING WHEN GROUND
FROZEN, EXCEPTIONS. — Af
ter service pipes are laid, in fill
ing the opening the earth must
be laid in layers of not more
than nine inches in depth, and
each layer shall be thoroughly
tamped and puddled. The streets,
sidewalks and pavements must
be restored to as good condition
as previous to making excava
tion. All dirt, stones and rubbish
must be removed immediately
after completion of the work. *f
an excavation in any street, al
ley or highway shall be left open
or unfinished for the space of
twenty - four hours, or if the
work shall be improperly done,
or if the rubbish shall not be re
moved, the water commissioner
shall have the right to finish or
correct the work, and the ex
penses incurred shall be charged
to the consumer and shall be
paid by the plumber, drainlay
er or other person authorized by
consumer to do the excavating
work, or by consumer, before
the water is turned on. No main
shall be tapped or connections
made, when the ground is frozen,
except by special permission of
the water commissioner.
(20) SERVICE DEPOSITS;
TAP OR CONNECTION FEE;
NON-RESIDENT TAP AND IN
STALLATION FEES, METFR
PITS, SPECIFICATIONS FOP..
— The applicant for water ser
vice from the waterworks system
of the City of O’Neill, Nebraska,
may, in the discretion of the wa
ter commissioner, be required to
accompany the application with
a service deposit of $5.00 to in
sure the payment of water bills
and other charges. And, if appli
cant’s property does not abut a
commercial main he shall be en
titled to connect with the city
commercial mains under terms
and conditions of this ordinance.
Applicant at his own expense
shall build water service from
curb box or stop box at or near
curb line in and upon his own
premises. Applicants for water
service whose property is situ
ated outside the corporate limits
of the City of O’Neill, Nebraska,
shall pay tap or connection fee in
addition to service deposit, as
.aforesaid, in such sum as the
mayor and council shall, in each
case, fix. PROVIDED, HOWEV
ER, nothing herein shall be con
strued to obligate the City of
O’Neill to furnish water service
to non-residents unless it is able
to do so without curtailing the
demands of resident consumers
or without overloading its
pumps, machinery or other
equipment. All meter pits, if
meters are not set in basements,
shall be constructed by applicant
or consumer at his own expense
at or near lot line on premises
of applicant, but preferably in
street between curb line and lot
line, and shall be of such design
as sanctioned and approved by
the water commissioner. PRO
VIDED, that all meters shall be
set in a horizontal position so
that same may be easily read by
the water commissioner, or his
agents, whether set in meter pit
or in basement. The water com
missioner shall, whenever it Ls
inconvenient to make readings
of any meter, now set or here
after to be set in meter pits or
in basements, be empowered to
give consumer twenty days’ no
tice in writing to reset said meter
in a horizontal position, in such
manner and location so same can
be properly and conveniently
reached for reading, and, if the
consumer refuses or neglects to
do so, then the water commis
sioner may reset or cause to be
reset, said meter horizontally
and the cost thereof shall be
charged to, and paid by, said
consumer as water rent, or water
commissioner may cause water
service to such premises to be
shut off until consumer complies
with this regulation.
(21) WATER EXTENSION; UN
SUPPLIED TERRITORY CON
NECT WITH CITY MAINS. —
Extension of commercial mains
into unsupplied territory witnin
the corporate limits, may be
made by means of water exten
sion districts, as provided by law
by resolution of the mayor and
council; PROVIDED, if premises
of any applicant do not abut a
street where commercial main is
laid or hereafter laid, and, if the
creation of a water extension
district be not feasible or prac
tical, such applicant shall be
supplied with service by con
necting with the nearest com
mercial main and at his own ex
pense bring the water service to
his own premises from the com
mercial main to be tapped
(22) CONSUMERS’ LEDGER
SEPARATE ACCOUNTS KEPT
IN. — When the city shall enter
upon any contract, as provided
in this Ordinance, and water is
supplied to such applicant there
under, it shall be the duty of
the city water commissioner and
collector, to keep or cause to be
kept, a separate, detailed and ac
curate account of all water ren:s
and charges due from each con
sumer with all debits and credits
as the case may be.
(23) HYDRANTS, EXCEPT
DRINKING FOUNTAINS, PRO
HIBITED IN STREETS. — No
hydrants, except for public
drinking fountains, shall be
placed within the limits of any
street, and no drinking fountain
shall be erected, for general use
which has openings by which it
can be used as a source of do
mestic supply; PROVIDED, the
city may place fire hydrants at
such points in streets and other
public areas as the mayor and
council deem necessary.
(24) METERS, TYPE; SER
VICE DEPOSIT; METER RE
PAID; REPLACEMENT; SEAL
ING OF; TESTING OF. — Here
after all water service connected
with the water plant and system
of the City of O’Neill, Nebraska,
.;hall have placed thereon a wa
ter meter, Pittsburg or as good,
furnished and set in place at the
expense of the consumer. No
person other than the water com
missioner, his assistants, or a
plumber under the direction of
the water commissioner, shall be
allowed to set meters, to tap
commercial mains or make con
nections to the water service of
the City. All meters so set and
installed will be kept in repair
at the expense of the consumer.
When meters are entirely worn
out they will be replaced by the
consumer. Hereafter all meter-;
shall be sealed in three places,
lo-wit: Once on the burr connec
tion, on each side, and on the
cover of the registering dial;
and no person shall deface, in
jure or break said seal, unless
authorized to do so by said water
commissioner. All water meters
may be tested at the expense of
the city any reasonable number
of times. Meters shall be sold at
actual cost by the City to com
sumers and shall be the property
of consumers.
(25) WATER RATES; MINI
MUM CHARGES; METERS,
WHEN READ; BILLS, HOW
RENDERED; SAME, RENTS.
WHEN DUE; WHEN DELIN
QUENT; SERVICE WHEN
SHUT OFF FOR NON - PAY
MENT; NON-RESIDENT CON
SUMERS; TEMPORARY USERS
—The following is established as
a tariff of water rates to resi
dent consumers from the water
works system of the City of O’
Neill, Nebraska, based on bi
monthly consumption:
A. MINIMUM CHARGES
In no case shall the minimum
charge for water service based
on bi-monthly consumption by
each individual consumer be less
than Three dollars, and no dis
count to be allowed.
B. RATE SCHEDULE
For the first 10,000 gallons, or
fraction thereof, of water used or
consumed, $3.00; no discount al
lowed.
For the next 40,000 gallons of
water used or consumed, 25c per
thousand gallons.
For the next 150,000 gallons
of water used or consumed, 20c
per thousand gallons.
Next 100,000 gallons of water
used or consumed, 18c per thou
sand gallons.
Next 100,000 gallons of water
used or consumed, 17c per thou
sand gallons.
Over 400,000 gallons of water
used or consumed, 15c per thou
sand gallons.
C. METER READINGS; BILL
ING; SERVICE SHUT OFF
FOR NON-PAYMENT
All meters of consumers shall
be read by the water commis
sioner, or his agent, between the
20th day of the last month of
the bi-monthly period during
which water service is used and
the first day of the succeeding
period. The water commissioner,
or his duly authorized agents
who are charged with the duty of
reading water meters, shall, as
said water meters are read,
make statements for each con
sumer and enter the same on
the books of the water depart
ment. All bills for water service
shall be due on the first dav
of the succeeding bi - monthly
period, and shall be payable at
such place as the water commis
sioner shall designate. If such
water bills are not paid within
thirty days after the same are
due, the water service of the
consumer shall be shut off, and
shall not be turned on again un
til said bill and other charges it
any, due said city be paid, to
gether wth a fee of $3.00 for re
sumption of service. The water
commissioner may, whenever he
deems it advisable or necessary,
declare any water bill due at any
time and proceed to collect the
same; and, in his discretion, may
require charges for water ser
vice to be paid in advance. The
City of O’Neill is hereby divid
ed into two Water Districts. Dis
met imo. t snail comprise all of
the territory lying East of Fourth
Street, and District No. 2 shall
comprise all of the territory ly
ing West of Fourth Street. The
bi-monthly periods for comput
ing water rentals in District Nc.
1 shall commence on the 1st day
of July, September, November,
January, March and May of
each year, and in District No. 2
on the first day of alternate
months from those set forth for
District No. 1.
D. FLAT RATES PROHIBITED
No flat rates for water service
will be quoted or allowed.
E. DISCRIMINATION
No water service shall be fur
nished to any consumer under
any other rate than is provided
in this ordinance. PROVIDED,
nothing in this subsection con
tained shall be contrued to pre
vent the local governing body of
the city from entering into spe
cial contracts with large con
sumers of water who furnisn
their own extensions and otoer
means of service in connecting
with city mains; AND PROVID
ED FURTHER, no water shall be
furnished by the City of O’Neill,
Nebraska, to any consumer with
out a meter being first propcrlv
installed: AND PROVIDED
FURTHER, ANY WATER FUR
NISHED BY CITY TO ANY
NON-PROFIT Group, sect or re
ligious association for their
church, tabernacle or house of
religious worship, or to any
manse, parsonage or building
used for housing the priest, pas
tor, preacher or religious leader
in connection with such church,
tabernacle or house of religious
worship aforesaid; or for any
parochial school or academy or
hospital established or maintain
ed by any religious group or sect;
or for any public school; shall be
delivered through properly in
stalled water meters, as herein
before described and required,
and the water rate for such wa
ter shall be set by the mayor and
city council, but in no event
shall such rate be less than the
actual cost of producing and de
livering the same to such con
sumers.
(26) WATER RENT, HOW
COMPUTED, WHEN METER
OUT OF REPAIR. — When for
any reason a water meter is not
registering accurately the vol
ume of water passing through it,
the consumer shall be charged
for the period in which the
meter is inaccurate a sum equal
to the charge for the amount of
water used on said premises
curing the corresponding period
of time in the preceding year;
PROVIDED, that if no basis for
such comparison exists, or :f in
the opinion of the water com
missioner such basis is unfair,
then the consumer shall pay
such reasonable sum for water
rent during such period as the
water commissioner shall fix.
(27) DELINQUENT RENTS A
LIEN; STEPS TO SATISFY;
CERTIFICATION TO COUNTY
CLERK. — All accounts due
from water consumers for water
rent shall be a lien upon the
premises or real estate, upon
which, or for which, the same
was used or supplied from and
after the time said amounts be
coming due for water rent, as
hereinbefore provided, are de
linquent and from and after the
date the owner shall have been
notified in writing of such delin
quency by said city: PROVIDED,
the water commissioner shall no
tify in writing, or cause to be
notified in writing, all owners of
premises or their agents when
ever the tenants or lessees of
premises are thirty days delin
quent in payment of water rent
It shall be the duty of the water
commissioner, on the first day
of each month, to report to the
council a list of all unpaid ac
counts due for water, together
with a description of the prem
ises or real estate, upon or for
which the water service was
used or supplied. It shall be the
duty of the City Clerk to certify
to the County Treasurer the
amount of such water liens and
the description of the propc.ty
mvoivea, wnen oraerea Dy tne
Council. Such liens shall be col
lected as other municipal taxes
(28) WATER SUPPLY, NOT
TO BE CONTAMINATED. —
No person shall place in or near,
or around, the waterworks sys
tem of this city any dirt, filth,
or impure substance whatever;
or any substance or fluid by
which the water shall be render
ed impure, unpalatable, or dan
gerous for human or animal con
sumption.
(29) PUBLIC FIRE HY
DRANTS. — All hydrants erect
ed by said city for the purpose
of extinguishing fires are hereby
declared to be public hydrants,
and no person or persons other
than members of the fire de
partment in the active discharge
of their duties as such, or the
water commissioner, or some
person acting directly through
his order, shall open said hy
drants or attempt to draw water
from the same, or at any time
uncover or remove any protec
tion from any of said hydrants
or in any manner interfere with
the same; and no person author
ized to open hydrants shall del
egate his authority to another,
or let out, or suffer any person
to take the wrenches in his pos
session or control, or suffer the
same to be taken from any house
in said city, except for the pur
pose strictly connected with the
fire department, or as they may
accompany fire apparatus on oc
casion of fire.
(30) LEAKAGE REPORTED.
— It shall be the duty of the
chief of police, or any other
person acting with police au
thority, to report to the water
commissioner all cases of leak
age of water, or waste of the
same, and all violations of this
article or any other ordinance
relating to the water system of
the said city coming to their
knowledge, and they shall en
force the observance of said ar
ticle or ordinances so far as they
have authority so to do.
(31) METER TAMPERING. —
It is hereby declared unlawful
for any person, firm or corpora
tion to tamper with any water
meter or by means of any con
trivance or device to divert the
water from the service pipe so
that the same will not pass
through said meter or while
passing through said meter to
cause the same to register inac
curately.
(32) WATER COMMISSION
ER, OFFICE CREATED; DU
® .
*
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TIES; APPOINTMENT; SALA
RY; REMOVAL. — There is
hereby created as provided by
law the office of water commis
sioner in and for the City of O’
Neill, Nebraska. The mayor shall
nominate and by and with the
advice and consent of the coun
cil, shall appoint some competent
person as water commissioner of
the city, whose term of office
shall be until the close of the
municipal year, or until his suc
cessor shall be appointed and
qualified. Annually hereafter on
the first Tuesday in May, said
water commissioner shall be ap
pointed as aforesaid, but said
water commissioner may at any
time for sufficient cause be re
moved by a two-thirds vote of
all the members required to be
elected to the council, and any
vacancy occurring in said office
of water commissioner, by death,
resignation or removal from of
’fice. as aforesaid, or removal
from the city, may be filled in
the manner hereinbefore pro
vided for the appointment of
such commissioner. He shall re
ceive such salary payable m
monthly installments as the
council shall by resolution fix.
The water commissioner shall
perform the ordinary duties in
cidental to his office, together
with any other duties which the
mayor and council may from
time to time prescribe. He shall
be held responsible for the eco
nomic operation and prudent
management of water plant, sys
tem, pump house, machinery and
appliances used in connection
with producing and distributing
water to inhabitants of the City
of uweiu, under tne direction
of the mayor and council.
(33) WATER SERVICE DE
POSIT FUND, HOW MANAG
ED. — Service deposits when
received by the city treasurer
from the water commissioner
shall be held separate and apart
in fund to be known as “Water
Service Deposit Fund,” which 13
in the nature of a trust fund.
When for any reason water ser
vice is no longer required, said
service deposit shall, upon de
mand, be returned to said cus
tomer with proper deductions, if
any, for unpaid rentals then due
for water service. The water
commissioner shall give each ap
plicant or consumer a separate
receipt for all service deposits
received by him, and said re
ceipt shall be surrendered for
cancellation by the consumer
when seeking repayment of said
service deposit.
(34) LIABILITY OF CITY. —
The City of O’Neill, Holt Coun
ty, Nebraska, shall in no manner
be liable for any damages caus
ed by shutting off the supply of
water of any consumer while the
system or any part thereof is
undergoing repairs, or caused by
the freezing of the main or the
breaking of any pipe or service
cock, or by a shortage of water
due to accident, to circumstances
over which the city has no con
trol, or to an act of God.
(35) RESERVATION S;
AMENDMENTS, ALTERA
TIONS. — The Mayor and Coun
cil reserve the right at all times
to shut off the water for neres
sary repairs or extensions, and
the right to amend or alter by
ordinance these rules and regu
lations when by them deemed
advisable.
(36) VIOLATION, PEN ALT V.
— Any person violating any of
the provisions of this article, in
juring waterworks, property, or
any owner, agent, architect,
rirainlayer, plumber, contractor,
superintendent or other person,
failing, neglecting, omitting, re
sisting or refusing to comply
with any of the provisions, con
ditions, terms, rules, regulations
or requirements of this article
shall, upon conviction thereof,
be fined in any sum not less than .
ten dollars, nr r more than one
hundred dollars for each offense.
(37) REPEAL OF PRIOR
ORDINANCES IN CONFLICT.
— All ordinances and parts of
ordinances passed and approved °
prior to the passage and approv
al of this ordinance and in con
flict therewith are herby repeal
ed. Ordinances Numbered 78-A
and 118-A are hereby specifically
repealed.
(38) WHEN OPERATIVE —
This ordinance shall be in full
force and take effect from and
after its passage, and publication
according to law.
Passed and approved June 15,
1953.
J. E. DAVIS
Mayer
ATTEST:
O. D. FRENCH
City Clerk. (SEAL)
A family picnic was held at
the P. V. Hickey home Sunday
evening. The affair hoonred Mr ».
Hickey on father’s day and also
served as a farewell for Patrick,
jr., who leave today (Thursday)
for military service.
Sees Coronation
Harold E. Miller, son of Mr.
and Mrs. Earl Miller of Atkin
son was recently promoted to
the grade of army corporal, at
Greenham common air base,
Neuburey, Berkshire, England.
Corporal Miller has been a
dozer operator at Greenham
where he has been stationed
for the past 12 monhs. He at
tended the coronation of
Queen Elizabeth II.
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405 E. DOUGLAS ST.
O’NEILL, NEBR.
Night Phone 530W Day Phone 579 !
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