(A) The city owns and operates the city electrical system through the Board of Public Works and the Manager of the Board of Public Works.
(B) The city shall have the power to purchase, construct, maintain and improve lighting systems for the use of the city and the inhabitants thereof. The cost of the lighting systems may be defrayed by the levy of a tax, not exceeding the maximum limits therefore as prescribed by the laws of the state, including, but not limited to, Neb. RS 19-1402, as amended or superseded, upon the assessed value of all the taxable property, except intangible property, within the city, or, when the tax is insufficient for the purpose, by the issuance of bonds of the city, as provided by the laws of the state, including, but not limited to, Neb. RS 19-1402 and 19-1403, as amended or superseded, and the City Council shall levy annually a sufficient tax to maintain, operate and extend any systems or plant, and to provide for the payment of the interest on, and principal of, any bonds that may have been or shall be issued as herein provided.
(C) In lieu of the issuance of general obligation bonds, or the levy of taxes upon property, as by law provided, the city may construct, purchase or otherwise acquire, maintain, extend or enlarge an electric light and power plant, distribution system and transmission lines, and real and personal properly needed or useful in connection therewith and pay the cost thereof by pledging and hypothecating the revenue and earnings of any electric light and power plant, distribution system and transmission lines owned or to be owned by the city. In the exercise of the authority, the city may issue and sell revenue bonds or debentures and enter into contracts in connection therewith as may be proper and necessary. No revenue bonds shall be issued until notice of the proposition relating thereto shall have been given, and where necessary, the issuance thereof shall have been approved by a vote of the electors of the city, as provided by the laws of the state; provided that, no publication of notice shall be required when revenue bonds are issued solely for the maintenance, extension or enlargement of any electrical generating plant, distribution system and transmission lines owned by the city. The revenue bonds or debentures shall be a lien only upon the revenues and earnings of the electric light and power plant, distribution system and transmission lines owned or to be owned by the city.
(D) Pursuant to Neb. RS 18-412.06, as amended or superseded, the city may enter into contracts for the purchase of electric energy, power and energy, or capacity, or any combination thereof, upon terms and conditions and for periods as the City Council may, by ordinance, authorize; provided that, the city owns or operates electric generation or transmission facilities. The obligation and liability of the city under the contracts shall be limited to the electric revenue of the city, unless prior to the execution of the contracts by the city the contracts shall have been approved as provided by the laws of the state, including, but not limited to, Neb. RS 18-412.06, as amended or superseded.
(E) Pursuant to Neb. RS 17-902, as amended or superseded, the city may enter into a contract for the furnishing of electricity, power, steam or other product to the city or to any electric, power, steam or other system or plant owned and operated by the city; provided that, before the city shall make any contract, the question shall be submitted to the electors as provided by the laws of the state, including, but not limited to, Neb. RS 17-903. The city may, by a majority vote at the election, vote bonds or taxes for the purpose of defraying the cost of the transmission line and connection with any person, firm, corporation or other city or village with which it may enter into a contract for the purchasing of electricity, power, steam or other product, and the City Council shall levy annually a sufficient tax to maintain, operate and extend any system or plant, and to provide for the payment of the interest on, and the principal of any bonds.
(F) Pursuant to Neb. RS 17-828, as amended or superseded, the city may make contracts, for a period of not to exceed five years, for the furnishing of light for the streets, lanes, alleys and other public places and property of the city, and the inhabitants thereof, the furnishing of electricity to pump water or similar services for the city and may levy a tax for the purpose of paying the costs of the lighting the streets, lanes, alleys and other public places and property of the city.
(G) The city shall have the power to grant a franchise to any person, company, corporation or association, whether publicly or privately owned, to furnish light and power to the residents, citizens and corporations doing business in the city, as provided by the laws of the state, including, but not limited to, Neb. RS 17-528 and 17-528.03, as amended or superseded.
(H) Where the city is generating its own electrical current for all or the major portion of its electric requirements, no public service company, whether publicly or privately owned, shall sell to the city unless first authorized to do so by a vote of the electors of the city provided by the laws of the state, including, but not limited to, Neb. RS 17-528 and 17-528.03, as amended or superseded; provided that, if no tax or issuance of bonds is required, the city may, by resolution of the City Council, contract for the furnishing of electricity at retail to the city, or to any electric plant within the city, with any public power district or an electric cooperative which cooperative has an approved retail service area adjoining the city.
(I) The city is authorized to contract, lease or rent the plant from any person, firm or corporation, furnishing electricity, within the city, for power or the lighting of streets, lanes, alleys and public places of the city, as provided by the laws of the state, including, but not limited to, Neb. RS 17-528.03, as amended or superseded, and city may levy a tax for the purpose of paying the cost of the lighting of streets, lanes, alleys or public places of the city or to pay the rent under the lease.
(J) Any public power district or public power and irrigation district, formed after 5-4-1945, and providing electrical service at retail to a city of the metropolitan class, owning a distribution system in the city and also owning generating plants and transmission lines or both, shall, at the request of the city, inform the city of the minimum price at which the district is permitted to sell that portion of its district within the corporate limits of the city to the city under the agreements of the district entered into with the holders of obligations issued by the district, and shall, at the request of the city, sell and convey that portion of the distribution system which is within the corporate limits to the city upon payment of the minimum price, and the city shall contract to continue to purchase all of its power and energy requirements from the district, at least until the time as all obligations of the district outstanding on the date of the sale and conveyance shall have been fully paid and retired or reserves sufficient for the redemption thereof shall have been accumulated, but the transaction shall not be consummated, nor become effective, until notice of the transaction shall have been given, and where necessary, until the transaction has been approved by a vote of the electors of the city, as provided by the laws of the state, including, but not limited to, Neb. RS 18-412.02, as amended or superseded.
(K) The City Council, for the purpose of paying for extensions and improvements of any public utilities consisting of a waterworks plant, water system, sanitary sewer system, gas plant, gas system, electric light and power plant or electric distribution system, may, as provided by the laws of the state, including, but not limited to, Neb. RS 19-1305 through 19-1307, as amended or superseded, issue and sell combined revenue bonds securing the payment thereof by pledging and hypothecating the revenue and earnings of any two or more of the public utilities, and may enter into the contracts in connection therewith as may be necessary or proper.
(L) The city electrical system shall be under the active direction and supervision of the Board of Public Works. The Board of Public Works shall have the power to operate the city electrical system and to exercise all powers conferred by law upon the city for the operation and government of the Department to the same extent, in the same manner and under the same restrictions as the City Council could do, except, however, the Board of Public Works shall not make any expenditure or contract any indebtedness, other than for ordinary running expenses, exceeding in amount of $40,000, without first obtaining the approval of the City Council. The Manager of the Board of Public Works, hereinafter referred to as the Manager, shall have the direct management and control of the city electrical system and shall faithfully carry out the duties of his or her office. The Manager shall have the authority to adopt rules and regulations for the safe and efficient management of the electrical system subject to the supervision and review of the Board of Public Works.
(Prior Code, § 3-901)
Statutory reference:
Related provisions, see Neb. RS 17-528, 17-528.03, 17-802, 17-902, 17-903, 17-906 through 17-909, 18-412, 18-412.02 through 18-412.05, 18-412.06, 19-1305 through 19-1404, 19-1307, 19-1401 through 19-1403, 19-1405