(A)  The municipality owns and operates the municipal electrical system through the City Supervisor. The governing body, for the purpose of defraying the cost of the care, management and maintenance of the municipal electrical system may each year levy a tax not exceeding the maximum limit prescribed by state law, on the taxable value of all taxable property within the corporate limits.

(B)  The revenue from the tax shall be known as the Electrical Fund, and shall remain in the custody of the Municipal Treasurer.

(C)  The City Supervisor shall have the direct management and control of the Municipal 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 governing body.

(Neb. RS 17-902 through 17-904, 17-906, 17-909; 1999 Code, § 3-301)

The municipality, 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 such other persons within or without its corporate limits, as and when, according to law, the governing body 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 said applicant or customer shall constitute a contract between applicant or customer and the municipality, to which both parties are bound. If customer should violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the City Supervisor, or his or her 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 save or except by order of the City Supervisor or his or her agent.

(1999 Code, § 3-302)

(A)  Every person or persons desiring electrical service must make application therefor to the Municipal Clerk. Any applicant may be required to make a service deposit in such amount as has been set by the governing body and on file at the office of the Municipal Clerk. Electricity may not be supplied to any house or building, except upon the written order of the City Supervisor.

(B)  The system shall not supply to any person outside the corporate limits electrical service without special permission from the governing body. Nothing herein shall be construed to obligate the municipality to supply electrical service to nonresidents.

(Neb. RS 17-902, 19-2701; 1999 Code, § 3-303)

Upon application to the municipality for electric service, the applicant shall deposit the sum of $50 as a meter deposit if said applicant is the owner of the land, property or structure for the electric service is to be provided. Should the applicant not be the owner of said land, property or structure, said applicant shall deposit the sum of $100 as a meter deposit; provided, that if a person acceptable to the municipality shall co-sign the application for service, the non-owning applicant shall make a deposit of $50; provided further, that should the non-owning party without a co-signer keep his or her electric account with the municipality continually current for a period of 12 months, said non-owning party shall, upon application, have one-half of his or her electric meter deposit returned to him or her.

(1999 Code, § 3-304)

Contracts for electrical service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall sell, dispose or remove from the premises where service is furnished in his or her name, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the City Supervisor who shall cause the electrical service to be shut off from the said premise. If the consumer should fail to give such notice, he or she shall be charged for all electricity used on the said premises until the City Supervisor is otherwise advised of such circumstances.

(Neb. RS 17-902, 19-1404; 1999 Code, § 3-305)

(A)  Under no circumstances shall connection be made between the wires of the electrical distribution system of this municipality and the meter of the consumer, except by an employee of the municipality or a licensed electrician authorized to do so by the City Supervisor. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications for such installation prescribed by the City Supervisor; provided, that such rules, regulations and specification have been reviewed and approved by the governing body.

(B)  In addition to the license required under state law, all electricians making connection between the wires of the electrical distribution system of the municipality and the meter of the consumer shall first apply for and procure a license from the municipality. All persons licensed by the municipality shall pay an annual occupation tax and give a bond to the municipality in such amounts as established by ordinance of the governing body. The said licensed electrician shall be at all times subject to the inspection and approval of the City Supervisor and it shall be further unlawful to cover or conceal willfully and defective or unsatisfactory plumbing work.

(Neb. RS 17-902; 1999 Code, § 3-306)

(A)  Installation. All meters, meter boxes, wires and other appurtenances necessary to connect any consumer with  the municipal  power lines  shall  be provided  and installed  at the  expense  of the municipality by municipal employees only. All such equipment shall remain the property of the municipality.

(B)  Installation expense. The expense of installation and equipment up to and including the electrical meter shall be paid by the municipality. The expense of installation and wiring from the meter to the points of distribution shall be the responsibility of the consumer. Maintenance and replacement expense shall be apportioned in the same manner.

(Neb. RS 17-902, 19-1404; 1999 Code, § 3-307:308)

All electrical meters shall be read at least one time by the fifteenth of each month. Should a customer’s meter get out of repair or fail to register properly, the customer will be charged for electric current during the time when such meter is out of order or repair on the basis of monthly consumption during the same month of the preceding year; provided, if no such basis for comparison exists or if circumstances have been materially altered than such customer shall pay such amount as reasonably fixed by the City Supervisor or Municipal Treasurer.

(1999 Code, § 3-309)

The governing body has the power and authority to fix the rates to be paid by electrical consumers for the use of electricity. All rates shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Treasurer shall collect all money received by the municipality on the account of the municipal electrical system. He or she shall faithfully account for all revenue collected by him or her, taking his or her receipt therefor in duplicate, filing one with the municipal electrical system and keeping the other on file in his or her official records.

(Neb. RS 17-902, 19-1404; 1999 Code, § 3-310)

All electrical consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order direct the City Supervisor 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, 19-1404; 1999 Code, § 3-311)

The Mayor and City Council have the power and authority to contract with any person or other city to sell electric current for light, heat and power purposes beyond the corporate limits when it is beneficial to the municipality to do so. The cost of extending the lines of the electrical system beyond its borders shall be paid by the municipality out of the net earnings of the electrical system.

(1999 Code, § 3-312)

It shall be unlawful for any person to post, tack or fasten to the poles, structures, fixtures or equipment of the municipal electrical system any sign, poster, advertisement or banner without written permission from the City Supervisor.

(Neb. RS 19-1404; 1999 Code, § 3-313)

Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of the municipal electrical system shall, before doing the said work, give reasonable written notice to the City Supervisor and apply for a permit to do such work and shall follow any and all rules and regulations which the City Supervisor may prescribe for doing such work. It shall be unlawful for any person felling or removing such 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 Mayor and Council shall have the power to order cut and remove any overhanging branches or limbs of trees so that lines will be free and safe.

(1999 Code, § 3-314)

The City Supervisor or his or her duly authorized agents shall have free access at any reasonable time to each premises and building to or in which electricity is supplied; provided, that in the event of an emergency, such inspections may take place at any time.

(Neb. RS 17-902; 1999 Code, § 3-315)

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 electrical system.

(Neb. RS 28-512; 1999 Code, § 3-316)

The municipal 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 City Supervisor has the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability. The municipality 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 municipality has no control and the municipality expressly reserves the right to discontinue or disconnect any consumer’s service without preliminary notice.

(Neb. RS 17-902, 19-1404; 1999 Code, § 3-317)

Should any house or building moving occur or be necessary and it becomes necessary in said work to remove or disturb any of the property or wires of the municipal electrical system, the same should not be done except upon written permission received from the City Supervisor, who shall then order paid in advance the actual cost of moving the said wires and such cost shall be paid by the applicant prior to the moving of the building or house. All expense of removing, changing and replacing the said wires or apparatus of the electrical system shall be paid out of the deposit made prior to moving and any surplus remaining after all expenses are paid shall be returned to the applicant; provided, that if in the course of moving the said building or house it becomes apparent that additional expense will be incurred, such additional deposit as deemed necessary may be demanded.

(Neb. RS 19-1404; 1999 Code, § 3-318)

All poles, wires, transformers and other electrical equipment shall be of such quality and installed in such manner as the governing body may prescribe. In all cases where the required materials or insulation procedures have not been specifically prescribed, or where it is unreasonable to comply literally with any of said regulations, the City Supervisor may modify such regulations subject to the review of the governing body in the interest of public health and safety.

(1999 Code, § 3-319)

(A)  General

The City, pursuant to this Section, will make all improvements and extensions to its distribution system, which shall include street lighting units and circuits. The purpose of this Section is to establish general conditions under which the City will make extensions or additions to electric facilities, or upgrades to existing electric facilities, and the general guidelines to be followed in determining a customer’s Contribution in Aid of Construction (CIAOC).

The City will make permanent extensions of electrical lines and facilities and require a customer’s CIAOC based on the customer’s estimated new or increased electrical usage associated with the extension. The customer’s CIAOC will be calculated on a contribution to margin basis. The City reserves the right to determine the advisability and legality of making any extension. Extensions made by the City shall remain the property of the City.

The Total Extension Investment shall mean the total estimated project cost to serve a proposed load. This Total Extension Investment shall include, but not limited to, costs related to materials, labor, vehicles, subsistence, and applicable overheads, but exclude customer-provided facilities and costs and any costs incurred but not required solely for the customer’s service requirement.

The City’s Allowable Investment Limit (AIL) and the CIAOC calculations within this Section are based on the customer’s projected new load. To mitigate the City’s risk for new loads not meeting projected thresholds in a given time period, the City reserves the right, in its sole discretion, to require the customer to enter into an agreement to guarantee the recovery of line extension costs prior to construction.

(B)  Contribution Calculation

(1)   Customer classes are designated as Residential and Commercial. Residential shall include customers both inside and outside the City’s corporate limits. Commercial shall include all other customers.

(2)   The City will allow an AIL to construct facilities based on Table 1 below.

(3)   The customer will be required to pay to the City an amount equal to the amount the estimated Total Extension Investment exceeds the AIL in accordance with Table 1 below.

TABLE 1

Allowable Investment Limit

City of Hebron

 

(C)  Reimbursement for Subsequent Use and Allocation Between Multiple Customers

(1)   If another customer uses a facility paid for by CIAOC within five (5) years of its construction, the customer who originally funded the construction of the facility may be entitled to reimbursement for the subsequent use, based on this Part C.

(2)   The City will recalculate the CIAOC as if the new customer began taking service at the same time as the original customer (Recalculated CIAOC). The facility cost will be allocated between the customers based on the methodology described in Part (C)(4).

(3)   The formula for refunding the original funding customer for subsequent use is as follows: Original CIAOC less the Recalculated CIAOC multiplied by the number of full years since the funding customer began taking service, divided by five (5).

(4)   If multiple customers request service within thirty (30) days and those customers use the same new facility, the facility cost will be allocated between the customers based on projected annual energy sales to each customer. For Residential customers, annual usage will be projected based on 11,000 kWh per year. After the facility cost is allocated, the AIL for each customer will be applied to determine the CIAOC applicable to each customer.

(D)  Customer Responsibilities

(1)   Where a customer’s CIAOC is necessary, the entire amount will be paid prior to the construction.

(2)   The customer is responsible for all service conductors from the City’s distribution system interconnection point, as defined by the City, to the customer’s metering point.

(1999 Code, § 3-320; Ord. 893)

(A)  The city does hereby establish a surcharge on all municipal electric service rates and charges for customers that do not utilize an approved load management device on central space air cooling systems.

(B)  The surcharge referred to in division (A) above shall be equal to 10% of the electrical service rates generated by any customer that does not utilize an approved load management device for the months of June, July, August and September of each year. Said surcharge shall be added to the monthly statement of any such customer and be subject to the same collection and delinquency rates and penalties as other utility services.

(C)  No customer of the municipal electrical distribution system shall be permitted to remove, disconnect or bypass the load management device currently in place. Any customer wishing to have such device removed or disconnected shall be required to contact the city office for the purpose of making such request and, after disconnection or removal by city personnel or designees, shall be responsible for payment of the surcharge.

(D)  In the event that a central space air cooling system is replaced by a contractor, supplier, service person or other individual that is not an employee of the city, any load management device previously in use, shall be reinstalled by such contractor, supplier, service person or other individual not an employee of the city, or, alternatively, returned and delivered to the City Clerk. All load management devices are property of the city.

(E)   Any newly installed central space air cooling system shall be reported by the contractor, supplier, service person or individual not in the employ of the city, to the City Clerk, so that the necessary load management device may be installed thereon by city personnel.

(F)   No wiring of central space air cooling systems, within the electrical service jurisdiction of the city, shall be done by any individuals or firms that are not licensed by the city.

(1999 Code, § 3-321; Ord. 745)

The City of Hebron shall charge the following rates for electric service.

Summer rates shall be applied for usage during the period of May 15 through October 15 (based on billings occurring in June through October) and winter rates shall be for usage during the period of October 15 through May 15 (based on billings occurring in November through May).

(A)  Residential

Availability: Available to single family residences and individually metered apartments for all domestic purposes, including space heating, when all services are supplied through a single meter and whose entire requirements are provided by the electric utility. Not applicable to resale, stand-by or auxiliary service.

Character of Service: AC, 60 Hertz, single-phase, at any of the City’s standard voltages where the service may be supplied by a single power transformation.   

Rates:

Minimum Bill: The sum of the Customer Charge and Energy Charge.

(B)  Rural Residential

Availability: Available to single family residences and individually metered apartments located outside the City’s corporate limits for all domestic purposes, including space heating, when all services are supplied through a single meter and whose entire requirements are provided by the electric utility. Not applicable to resale, stand-by or auxiliary service.

Character of Service: AC, 60 Hertz, single-phase, at any of the City’s standard voltages where the service may be supplied by a single power transformation.

Rates:

Minimum Bill: The sum of the Customer Charge and Energy Charge.

(C)  Commercial

Availability: Available to non-residential customers within the City’s corporate limits. Not applicable to resale, stand-by or auxiliary service.

Character of Service: AC, 60 Hertz, single-phase or three-phase, at any of the City’s standard voltages where the service may be supplied by a single power transformation.   

Rates:

Minimum Bill: The sum of the Customer Charge and Energy Charge.

(D)  Rural Commercial

Availability: Available to non-residential customers located outside the City’s corporate limits. Not applicable to resale, stand-by or auxiliary service.

Character of Service: AC, 60 Hertz, single-phase or three-phase, at any of the City’s standard voltages where the service may be supplied by a single power transformation.

Rates:

Minimum Bill: The sum of the Customer Charge and Energy Charge.

(E)   Electric Vehicle Charging Station

Availability: Service is available to non-residential customers for service only to electric vehicle loads, including battery charging and accessory usage, for the express purpose of providing public charging service to electric vehicles.

Contract: Customers must contract for this service through an agreement with the City.

Character of Service: AC, 60 Hertz, single phase or three phase, at any of the City’s standard voltages where the service may be supplied by a single power transformation.

Rates:

Effective for all billings after:	January 15, 2022	January 15, 2023
Customer Charge, per month	$125.00	$125.00
Energy Charge, per kWh	0.1300	0.1300

Minimum Bill: The sum of the Customer Charge and Energy Charge.

(Ord. 943)

Service to the City shall be measured and bills shall be rendered to the various departments of said City and shall be collected and paid for in accordance with the above rates.

(Ord. 943)

The City may be charged a fuel adjustment rate by the wholesale supplier and reserves the right to pass the cost along to its residential and commercial consumers. The City also expressly reserves the right to change and amend these rules and regulations as may, from time to time, be advisable.

(Ord. 943)

Meters will typically be read on or about the 15th of each month. Bills will typically be sent to customers on or about the 1st of the next month.

(Ord. 943)

(A)  Qualifications

(1)   Customer must have a good payment history of at least 12 months at the service location (no delinquents).

(2)   The customer’s account must have a zero balance by December 16th of each year.

(3)   Customer must sign budget billing agreement each year.

(B)  Process

(1)   The budget billing amount is calculated based on the average monthly cost of utilities from January 15-December 15 of each year.

(2)   A letter agreement offering budget billing will be sent to qualified customers by January 1st of each year. Customer must sign and return the agreement to the City office by January 15th of each year in order to participate in the budget billing plan.

(3)   Customers will not be allowed to negotiate the amount of the budget billing.

(4)   Budget billing starts on the February 1st bill.

(5)   Budget billing customers must be on Automated Clearing House (ACH) or the bill must be paid by the 16th of each month. If payment is not made by the 17th, the total balance due must be paid in full by the 30th of the month and the customer will be removed from budget billing.

(6)   Budget billings will be reviewed by City staff in July of each year and billing amounts may be adjusted due to a credit or debit on the customer’s account. If the budget billing amount needs to be adjusted, a letter will be sent to the customer.

(7)   At the end of the budget billing year (December 15 of each year), the full balance must be paid by December 16th. Any credit due to a customer will be paid at the end of the year by check.

(C)  Removal from Plan

(1)   A customer will be removed from budget billing for any of the following reasons:

(2)   If payment for the budget billing amount is returned for any reason, including, but not limited to, insufficient funds or closed account. To be re-instated, the customer will be required to re-establish good payment history for the next 12 months.

(3)   If payment is not made by the 17th of the month.

(4)   If the customer requests to be removed from the budget billing plan in writing at least 10 days before the 1st of the month.

(Ord. 943)

(A)  Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense, and upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.

(B)  (1)  Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 3-1001; Ord. 744)