(A) Intent. The Public Power and Irrigation Overlay District is an overlay district designed to provide public power and irrigation districts with basic guidelines that would allow for normal and regular operations of the district to function in areas that may conflict with existing regulations. When there is a conflict, these overlay districts supersede other city regulations set forth in the City of North Platte Code of Ordinances.
(B) Public Power and Irrigation District is defined in Neb. RS 70-601 as:
(1) DISTRICT means a public power district, public irrigation district, or public power and irrigation district, organized under Neb. RS Chapter 70, Article 6, either as originally organized or as the same may from time to time be altered or extended, and includes, when applicable, rural public power districts organized under Neb. RS Chapter 70, Article 8, and subject to Neb. RS Chapter 70, Article 6;
(2) MUNICIPALITY, when used in relation to the organization or charter of a public power district or to the election of successors to the board of directors of a public power district, means any county, city, incorporated village, or voting precinct in this state;
(3) GOVERNING BODY, whenever used in relation to any municipality, means the duly constituted legislative body or authority within and for such municipality as a public corporation and governmental subdivision. When used with reference to a voting precinct, GOVERNING BODY means the county board of the county in which the precinct is located;
(4) IRRIGATION WORKS means any and all sites, dams, dikes, abutments, reservoirs, canals, flumes, ditches, head gates, machinery, equipment, materials, apparatus, and all other property used or useful for the storage, diversion, damming, distribution, sale, or furnishing of water supply or storage of water for irrigation purposes or for flood control, or used or useful for flood control, whether such works be operated in conjunction with or separately from electric light and power plants or systems;
(5) POWER includes any and all electrical energy and capacity generated, produced, transmitted, distributed, bought, or sold, hydrogen produced, stored, or distributed, and ethanol produced for purposes of lighting, heating, power, and any and every other useful purpose whatsoever;
(6) PLANT or SYSTEM includes any and all property owned, used, operated, or useful for operation in the district's business, including the generation by means of water power, steam, or other means or in the transmission, distribution, sale, or purchase of electrical energy, hydrogen, or ethanol for any and every useful purpose, including any and all irrigation works which may be owned, used, or operated in conjunction with such power plant or system;
(7) ENERGY EQUIPMENT includes, but is not limited to, equipment or facilities used or useful to generate, produce, transmit, or distribute power, heated or chilled water, or steam for use by the district or the district's commercial and industrial customers; and
(8) PUBLIC POWER INDUSTRY means public power districts, public power and irrigation districts, municipalities, registered groups of municipalities, electric cooperatives, electric membership associations, joint entities formed under the Interlocal Cooperation Act, joint public agencies formed under the Joint Public Agency Act, agencies formed under the Municipal Cooperative Financing Act, and any other governmental entities providing electric service.
(Ord. 4091, § 1, 3-15-2022)