CHAPTER 53: ELECTRICAL SYSTEM
Section
General Provisions
   53.01   Ownership
   53.02   Contracts and terms
   53.03   Consumer's deposit
   53.04   Licensed electrician
   53.05   Installation expense
   53.06   Meters
   53.07   Minimum rates
   53.08   Service deposit fund
   53.09   Restricted use
   53.10   Construction and landscaping
   53.11   Trimming trees
   53.12   Rates
   53.13   Inspections
   53.14   Destruction of property
Cogeneration
   53.30   Purpose
   53.31   Definitions
   53.32   Interconnections with qualifying facilities
   53.33   Rates for sales of electric energy to qualifying facilities
   53.34   Rates for purchases of electric energy from qualifying facilities
GENERAL PROVISIONS
§ 53.01 OWNERSHIP.
   The city owns and operates the city electrical system through the Director of Public Works. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the city electrical 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 tax shall be known as the Electrical Fund and shall remain in the custody of the City Clerk/Treasurer. The Director of Public Works shall have the direct management and control of the city electrical system and shall faithfully carry out the duties of his or her office. He or she 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 City Council. The City Council shall by resolution set the rates to be charged for services rendered and shall file the same in the office of the City Clerk/Treasurer for public inspection at any reasonable time.
(Neb. RS 17-902 through 17-904, 17-906, and 17-909) (1973 Code, § 3-1001)
§ 53.02 CONTRACTS AND TERMS.
   The city, through its Electrical Department, shall furnish electric current for light and power purposes to persons whose premises abut on any supply wire of the distribution system and may furnish electric current to any other persons within or without its corporate limits, as and when, according to law, the City Council may see fit to do so. The rules, regulations, and rates for electric service, hereinafter named, in this chapter, shall be considered a part of every application hereafter made for electric service and shall be considered a part of the contract between every consumer now served by the Electrical Department. 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 the applicant or customer shall constitute a contract between applicant or customer and the city, to which both parties are bound. If customer should violate any of the provisions of the contract or any reasonable rules and regulations that the City Council may hereafter adopt, the Director of Public Works, or his or her agent, shall cut off or disconnect the electric service from the building or place of the violation and no further connection of electric service for the building or place shall again be made save or except by order of the Director of Public Works or his or her agent.
(1973 Code, § 3-1002)
§ 53.03 CONSUMER'S DEPOSIT.
   (A)   Every person or persons desiring electrical service may be required to make a service deposit in the amount as has been set by the City Council and on file at the office of the City Clerk/Treasurer. Electricity may not be supplied to any house or building except upon the order of the Director of Public Works. The system shall not supply to any person outside the corporate limits electrical service without special permission from the City Council; provided, that the entire cost of wire, installation, and other expenses shall be paid by the consumer.
   (B)   Nothing herein shall be construed to obligate the city to supply electrical service to nonresidents.
(Neb. RS 17-902, 19-2,701) (1973 Code, § 3-1003)
§ 53.04 LICENSED ELECTRICIAN.
   Under no circumstances shall connections be made between the wires of the electrical distribution system of this city and the meter of the consumer, except by an employee of the city or a bonded electrician authorized to do so by the Director of Public Works. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All wiring, equipment, and apparatus shall be installed according to the electrical code duly adopted by the city. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for the installation prescribed by the Director of Public Works; provided, that the rules, regulations, and specifications have been reviewed and approved by the City Council.
(Neb. RS 17-902) (1973 Code, § 3-1004) Penalty, see § 10.99
§ 53.05 INSTALLATION EXPENSE.
   (A)   The expense of the electrical meter shall be paid by the city.
   (B)   All other expenses associated with the electrical system other than the electric meter shall be the responsibility of the consumer.
   (C)   Maintenance and replacement expense shall be apportioned in the same manner.
(Neb. RS 17-902) (1973 Code, § 3-1005) (Ord. 965, passed 5-14-2020)
§ 53.06 METERS.
   All electrical meters shall be read at least one time each month during which electrical service is used on the day/time as prescribed by the Director of Public Works. In the event a meter is broken or otherwise fails to register accurately the use of electricity by any consumer, the six-month average of the season one year previous to the breakage shall be used for billing purposes.
(1973 Code, § 3-1006) (Ord. 757, passed 1-11-2007; Ord. 964, passed 3-12-2020; Ord. 965, passed 5- 14-2020)
§ 53.07 MINIMUM RATES.
   All electrical consumers shall be liable for the minimum rate provided by resolution unless and until the consumer shall, by written order, direct the Director of Public Works to shut off the electricity in which case he or she shall not be liable thereafter for electrical service until the electricity is turned on again.
(Neb. RS 17-902) (1973 Code, § 3-1007)
§ 53.08 SERVICE DEPOSIT FUND.
   The service deposit required for electrical service shall be promptly paid upon demand by all customers of the electrical system. From the deposit shall be deducted all delinquent electrical charges. The service deposit shall be collected by the City Clerk/Treasurer who shall keep the fees in a trust fund for the customers of the electrical system. The fund shall be put out at interest separate and apart from other funds. Interest arising therefrom shall be expended solely for the repair of equipment and property of the city electrical system.
(1973 Code, § 3-1008) (Ord. 965, passed 5-14-2020)
§ 53.09 RESTRICTED USE.
   The city electrical system does not guarantee the delivery of electric current over the lines of the distribution system, except when it has sufficient power, current, equipment, and machinery to do so. The Director of Public Works has the power and authority to disconnect or discontinue the service for any good and sufficient reason without liability. The city shall use due care and reasonable diligence to provide and supply uninterrupted service to consumers, but shall not be liable for damages resulting from interruption of service due to causes over which the city has no control and the city expressly reserves the right to discontinue or disconnect any consumer’s service without preliminary notice.
(Neb. RS 17-902) (1973 Code, § 3-1010)
§ 53.10 CONSTRUCTION AND LANDSCAPING.
   No person shall commence any construction, landscape, or other project without first giving the City Clerk/Treasurer an advance 48-hour minimum notice excluding Saturday, Sunday, and legal holidays, and without first having called the Nebraska Diggers Hotline or state-designated alternative type hotline. In the event any person or persons shall cause damage to any city utility line without giving the city the aforesaid notice, that person shall be charged the actual cost of any repairs to the damaged lines, by the city, including labor.
(1973 Code, § 3-1011) (Ord. 558, passed 4-18-1985; Ord. 965, passed 5-14-2020) Penalty, see § 10.99
§ 53.11 TRIMMING TREES.
   Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of the city electrical system shall, before doing the work, give reasonable written notice to the Director of Public Works and shall follow any and all rules and regulations which he or she may prescribe for doing the work. It shall be unlawful for any person felling or removing the trees or branches to disrupt or damage the lines without first giving proper notice and receiving permission in writing to do so. Whenever it becomes necessary to protect the lines or property of the electrical system, the City Council shall have the power to order cut and removed any overhanging branches or limbs of trees so that the lines will be free and safe.
(1973 Code, § 3-1012) Penalty, see § 10.99
§ 53.12 RATES.
   Rates for electric service for energy to be delivered by the city, through its city electric distribution system, are hereby established, as follows:
   (A)   Schedule 1, Residential Electric Service.
      (1)   Applicable. To single-family residences and individually metered apartments for all domestic purposes, including space heating, when all service is supplied through a single meter;
      (2)   Character of service. 60 cycle, AC, single-phase, 120 volt, two wires; or 120/240 volt three wire (optional with the system):
 
Effective November 1, 2106
Effective October 1, 2017
Summer
Winter
Summer
Winter
Customer charge
$18.00/month
$18.00/month
$20.00/month
$20.00/month
First 600 kWh
11.50¢/kWh
10.00¢/kWh
11.50¢/kWh
10.20¢/kWh
Balance
10.50¢/kWh
8.00¢/kWh
10.50¢/kWh
8.24¢/kWh
 
      (3)   Minimum bill. The customer charge;
      (4)   Fuel adjustment. At the option of the city, the above rates and bills may be adjusted from month to month for production cost adjustments charged by the city’s supplier(s);
      (5)   Load management credit. Those customers that volunteer to have direct load control switches installed on air conditioners, heat pumps, and hot water heaters are entitled to an annual credit of $24, to be applied to the bill for September usage;
      (6)   Seasons. Summer season covers usage in the months of June through September. Winter season covers usage in the months of October through May; and
      (7)   Terms and conditions. In case of bi-monthly billing, the minimum and the kilowatt-hour blocks will be doubled for billing purposes. Service will be furnished under the city’s general terms and conditions.
   (B)   Schedule 2, General Service Electric Service.
      (1)   Applicable. To any non-residential customer served by the utility for lighting, heating and power purposes where the customer does not qualify for service under another rate offered by the utility. Not applicable to resale, supplemental, auxiliary or shared service;
      (2)   Character of service. The single-phase, or three-phase if available, alternating current electric service will be supplied at the systems standard voltages when all service at one location is measured by one meter:
 
Effective November 1, 2016
Effective October 1, 2017
Summer
Winter
Summer
Winter
Customer charge
$30.00/month
$30.00/month
$35.00/month
$35.00/month
First 500 kWh
11.50¢/kWh
11.50¢/kWh
11.50¢/kWh
11.50¢/kWh
Next 2,500 kWh
10.75¢/kWh
9.50¢/kWh
10.75¢/kWh
9.80¢/kWh
Balance
10.75¢/kWh
8.50¢/kWh
10.50¢/kWh
8.75¢/kWh
 
      (3)   Minimum bill. The customer charge;
      (4)   Terms and conditions. Service will be furnished under the city’s general terms and conditions for service under this schedule;
      (5)   Fuel adjustment. At the option of the city, the above rates and bills may be adjusted from month to month for production cost adjustments charged by the city’s supplier(s); and
      (6)   Load management credit. Those customers that volunteer to have direct load control switches installed on air conditioners, heat pumps, and hot water heaters are entitled to an annual credit of $24, to be applied to the bill for September usage.
   (C)   Schedule 3, Municipal Water Pumping Services.
      (1)   Applicable. To municipally-owned water pumps:
 
Effective November 1, 2106
Effective October 1, 2017
Summer
Winter
Summer
Winter
Customer charge
$30.00/month
$30.00/month
$35.00/month
$35.00/month
First 500 kWh
10.50¢/kWh
9.00¢/kWh
10.75¢/kWh
9.25¢/kWh
Next 2,500 kWh
10.50¢/kWh
9.00¢/kWh
10.75¢/kWh
9.25¢/kWh
Balance
10.50¢/kWh
8.00¢/kWh
10.75¢/kWh
8.25¢/kWh
 
      (2)   Minimum bill. Customer charge.
   (D)   Schedule 4, Irrigation Service.
      (1)   Applicable. To wells, pumps, center-pivot irrigation systems, the primary purpose of which is agricultural irrigation;
      (2)   Character of service. The single-phase, or three-phase if available, alternating current electric service will be supplied at the systems standard voltages when all service at one location is measured by one meter:
 
Effective November 1, 2016
Effective October 1, 2017
3 days per week of direct control
$48.00 per connected HP
$49.00 per connected HP
Winter energy rate
9.00¢/kWh
9.95¢/kWh
Summer energy rate
12.00¢/kWh
12.70¢/kWh
 
      (3)   Minimum bill. The connected HP charge.
      (4)   Terms and conditions. Service will be furnished under the city’s general terms and conditions for service under this schedule;
      (5)   Fuel adjustment. At the option of the city, the above rates and bills may be adjusted from month to month for production cost adjustments charged by the city’s supplier(s); and
      (6)   Other terms. Customer agrees to pay annual hookup charge prior to May 1.
   (E)   Schedule 5, General Service Demand Electric Service.
      (1)   Applicable. To any non-residential customer for lighting, heating and power purposes where the customer's electrical energy usage exceeds 30,000 kWh per billing period for three consecutive billing periods, or customer's electrical demand exceeds 100 kW for three consecutive billing periods. Not applicable to resale, supplemental, auxiliary or shared service;
      (2)   Character of service. The single phase, or three phase if available, alternating current, electric service will be supplied at the systems standard voltages when all service at one location is measured by one meter:
 
Effective November 1, 2106
Effective October 1, 2017
Summer
Winter
Summer
Winter
Customer charge
$55.00/month
$55.00/month
$80.00/month
$80.00/month
Demand charge
$15.00/kW
$11.50/kW
$15.00/kW
$11.75/kW
Energy charge
6.60¢/kWh
5.26¢/kWh
6.60¢/kWh
5.29¢/kWh
 
      (3)   Minimum bill. The customer charge plus the demand charge.
      (4)   Minimum billing demand. The minimum billing demand shall be the maximum integrated 15 minute kilowatt load occurring during the billing period but not less than 80% of the highest demand established during the summer period of the preceding 11 months. A demand register meter may be installed by the utility if a customer has an electric service capable of exceeding 100 kW of electric demand, or when monthly usage exceeds 25,000 kWh.
      (5)   Removal from general service demand rate. Once a customer is deemed to have met the qualifications to be placed on the general service demand rate schedule, it shall remain on the general service demand rate for a period of at least 12 months. If the customer's energy and demand usage fall below the threshold for inclusion in the general service demand for 12 consecutive months, the customer will be moved to the general service rate schedule for subsequent billing periods.
      (6)   Terms and conditions. Service will be furnished under the city's general terms and conditions for service under this schedule.
      (7)   Fuel adjustment. At the option of the city, the above rates and bills may be adjusted from month to month for production cost adjustments charged by the city's supplier(s).
      (8)   Load management credit. Those customers that volunteer to have direct load control switches installed on air conditioners, heat pumps, and hot water heaters are entitled to an annual credit of $24, to be applied to the bill for September usage.
   (F)   Late payment penalty. Bills are due and payable on the tenth day of each month. All customers who have unpaid bills on the eleventh day of each month shall be assessed a penalty of 10% of their total utility bill.
(1973 Code, § 3-1013) (Ord. 518, passed 3-11-1982; Ord. 545, passed 2-9-1984; Ord. 548, passed 6-7-1984; Ord. 575, passed 8-6-1986; Ord. 599, passed 7-7-1988; Ord. 608, passed 3-8-1990; Ord. 609, passed 4-5-1990; Ord. 617, passed 11-7-1991; Ord. 715, passed 10-11-2001; Ord. 724, passed 10-9-2003; Ord. 746, passed 10-6-2005; Ord. 769, passed 11-16-2007; Ord. 803, passed 2-11-2010; Ord. 807, passed 9-16-2010; Ord. 855, passed 8-9-2012; Ord. 874, passed 5-9-2013; Ord. 889, passed 3-17-2015; Ord. 912, passed 10-13-2016)
§ 53.13 INSPECTIONS.
   The Director of Public Works, or his or her duly authorized agents, shall have free access at any reasonable time to each premise and building to or in which electricity is supplied; provided, that in the event of an emergency, the inspections may take place at any time.
(Neb. RS 17-902) (1973 Code, § 3-1014)
§ 53.14 DESTRUCTION OF PROPERTY.
   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 city electrical system.
(Neb. RS 28-512) (1973 Code, § 3-1015) Penalty, see § 10.99
COGENERATION
§ 53.30 PURPOSE.
   In order to comply with §§ 201 and 210 of the Public Utility Regulatory Policies Act of 1978 and with the rules and regulations of the Federal Energy Regulatory Commission pertaining thereto, the following policies relating to interconnections of the electric system of the city with cogeneration and small power production facilities, rates for sales of electric energy to the facilities, and rates for purchases of electric energy from the facilities are hereby established.
(1973 Code, § 3-1016) (Ord. 511, passed 5-7-1981)
§ 53.31 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AVOIDED COSTS. The incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from qualifying facilities, the utility would generate itself or purchase from another source.
   COGENERATION FACILITY. A facility which produces electric energy and steam or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.
   INTERCONNECTION COSTS. The reasonable costs of connection, switching, metering, transmission, distribution, safety provisions, and administrative costs incurred by the electric utility directly related to the installation and maintenance of the physical facilities necessary to permit interconnected operations with a qualifying facility, to the extent the costs are in excess of the corresponding costs which the electric utility would have incurred if it had not engaged in interconnected operations, but instead generated an equivalent amount of electric energy itself or purchased an equivalent amount of electric energy or capacity from other sources. (INTERCONNECTION COSTS do not include any costs involved in the calculation of avoided costs.)
   QUALIFYING COGENERATION FACILITY. A cogeneration facility that meets the requirements of the Federal Energy Regulatory Commission regarding ownership, fuel use, and operating and efficiency standards.
   QUALIFYING SMALL POWER PRODUCTION FACILITY. A small power production facility that meets the requirements of the Federal Energy Regulatory Commission regarding ownership, fuel use, fuel efficiency, and reliability.
   SMALL POWER PRODUCTION FACILITY. A facility which produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination thereof totaling not greater than 80 megawatts at one site.
(1973 Code, § 3-1017) (Ord. 511, passed 5-7-1981)
§ 53.32 INTERCONNECTIONS WITH QUALIFYING FACILITIES.
   (A)   Qualifying facilities desiring to interconnect with the electric system of the city shall make application to the Department of Utilities for the interconnection. Applicants shall use the forms as are prescribed by the city and shall furnish all information requested.
   (B)   The city shall establish reasonable standards to be met by qualifying facilities to ensure system safety and reliability of interconnected operations. The standards may include, but shall not be limited to, the following areas: power factor; voltage regulations; fault, overcurrent, and over-under voltage protection; harmonics; synchronization; and isolation.
   (C)   Interconnection costs associated with the interconnection with a qualifying facility shall be paid for by the qualifying facility. Qualifying facilities shall be required to execute contractural agreements with the city before any interconnection is established.
(1973 Code, § 3-1018) (Ord. 511, passed 5-7-1981) Penalty, see § 10.99
§ 53.33 RATES FOR SALES OF ELECTRIC ENERGY TO QUALIFYING FACILITIES.
   Rates for sales of electric energy to qualifying facilities shall be those current standard rates adopted from time to time by resolution of the Mayor and City Council which apply to other customers of the utility in the same classification(s) of electric service.
(1973 Code, § 3-1019) (Ord. 511, passed 5-7-1981)
§ 53.34 RATES FOR PURCHASES OF ELECTRIC ENERGY FROM QUALIFYING FACILITIES.
   (A)   Rates for purchases of electric energy from qualifying facilities shall be established by resolution of the Mayor and City Council.
   (B)   The rates shall be just and reasonable to the electric consumer of the utility and in the public interest, shall not discriminate against qualifying cogeneration and small power production facilities, and shall be related to avoided costs; however, in no case is the utility required to pay more than the avoided costs.
   (C)   Standard rates shall be established for purchases from qualifying facilities with a design capacity of 100 kilowatts or less. Rates for purchases from qualifying facilities with a design capacity over 100 kilowatts may be standard rates or may be by individual contracts, the terms of which are fair and reasonable.
(1973 Code, § 3-1020) (Ord. 511, passed 5-7-1981)