Article 8. Electrical Department

§3-801   Falls City Code   §3-802

Article 8. Electrical Department
Municipality through its Municipal Electrical System, 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 Article, 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 Municipal Electrical System.
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 Utilities Superintendent, or his 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 Superintendent or his agent. (Ref. 17-901,
19-2701 RS Neb.)
owns and operates the Municipal Electrical System through the
Utilities Superintendent. 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 actual valuation
of all real estate and personal property within the corporate
limits that is subject to taxation. The revenue from the said tax
shall be known as the Light Fund and shall remain in the custody of
the Municipal Treasurer. The Utilities Superintendent shall have
the direct management and control of the Municipal Electrical
System and shall faithfully carry out the duties of his office. He
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. The Governing Body
shall by resolution set the rates to be charged for services
rendered and shall file the same in the office of the Municipal
Clerk for public inspection at any reasonable time. (Ref. 17-901
through 17-904, 17-906, 17-909, 19-1401 RS Neb.)
Every person or persons desiring electrical service must make
application therefor to the Utilities Superintendent. Any
applicant may be required to make a service deposit in such amount
as deemed necessary subject to review of the Governing Body.
Electricity may not be supplied to any house or building except
upon the written order of the Utilities Superintendent. 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. (Ref.
17-901, 19-2701 RS Neb.)
no circumstances shall connections be made between the wires of the
electrical distribution system of this Municipality and the meter
of the consumer except by a employee of the Municipality. 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 Municipality. All installation
shall be done under the supervision and strictly in accordance with
the rules, regulations, and specifications for such installation
prescribed by the Utilities Superintendent; provided, that such
rules, regulations, and specifications have been reviewed and
approved by the Governing Body. (Ref. 17-902, 19-1404 RS Neb.)
expense of the overhead system, the meter and meter socket shall be
paid by the Municipality. The expense of installation and wiring
from the meter to points of distribution, meter loop and service to
entrance shall be the responsibility of the consumer. In the event
that the customer is a nonresident, the Municipality shall furnish
the transformer pole and overhead service to yard pole, but not the
cost of the pole or wiring to points of distribution which shall be
at the customer’s expense. The service entrance conductors shall
be installed in rigid metallic conduit from the weather head to the
service disconnect unless otherwise authorized by the Electric
Inspector. Customers of the Municipal Electrical System, may at
their discretion, have the wires installed underground and in that
case, the consumer shall compensate the Municipality for any
additional costs of installation that may accrue as a result of
such option. A fused switch or a breaker is to be installed ahead
of the underground service, not to be larger than the amp capacity
of the smallest ungrounded wire. The location of the meter shall
be at the discretion of the Municipality. If the instrument
metering is to be installed and a meter cabinet is required, cost
of the meter cabinet will be paid by the customer. Underground
primary service at the Municipality’s option may be made available
whereby the Municipality’s primary cable will extend into a
Municipal transformer or transformers at a consumers location.
Such underground primary service cable shall be installed, owned
and maintained by the Municipality on consumer property; provided
prior easement for the cable route has been granted the
Municipality by the consumer. The consumer shall pay the
Municipality its estimated excess cost in providing the underground
service in lieu of standard overhead service. Maintenance and
replacement expense shall be apportioned in the same manner. (Ref.
17-902, 19-1404 RS Neb.) (Amended ord. 94-126)
Electrical bills shall be due and payable monthly at the office of
the Utilities Superintendent. Meters shall be read one (1) time
each month. It shall be the duty of customers of the Electrical
System to promptly present payment monthly at the Office of the
Utilities Superintendent to pay their bills. The Utilities
Superintendent shall charge and collect from each customer for the
amount of electricity used since the last examination, together
with any other charges, properly itemized, due the Electrical
System. Nonresidents shall be charged a uniformly higher rate than
residents. Bills shall be due on the first (1st) day of each month
and shall be payable by the fifteenth (15th) day of each month.
Bills not paid on or before the fifteenth (15th) day of each month
shall be deemed to be delinquent. There shall be a five percent
(5%) penalty added onto any bill deemed to be delinquent as herein
defined. In the event that any bill is not paid when the same has
been deemed to be delinquent, the Utilities Superintendent shall
give a written notice as provided in section 3-1102. The Utilities
Superintendent shall faithfully account for and pay to the
Municipal Treasurer all revenue collected by him, taking his
receipt therefor. Should a consumer’s meter get out of repair or
fail to register properly, the consumer shall be charged for
electrical current during the time such meter is out of order or
repair at the average monthly consumption shown by the meter when
in order for the six (6) months previous to such disrepair. If
there is no such basis from which to compute the bill, the
Utilities Superintendent shall set the amount of the bill which
shall be both fair to the customer and the Municipality. In the
event that electrical service is shut off for the nonpayment of any
electrical bill, there shall be assessed an additional fee set by
resolution of the Governing Body to compensate the Municipality for
the required hook-up necessary to again provide electrical service
to the delinquent customer. (Ref. 17-902, 19-1404 RS Neb.)
electrical consumers shall be liable for the minimum rate provided
by resolution unless and until the consumer shall, by written
order, direct the Utilities Superintendent to shut off the
electricity in which case he shall not be liable thereafter for
electrical service until the electricity is turned on again. (Ref.
17-902, 19-1404 RS Neb.)
service deposit required for electrical service shall be promptly
paid upon demand by all customers of the Electrical System. From
the said deposit shall be deducted all delinquent electrical
charges. The service deposit shall be collected by the Utilities
Superintendent and immediately turned over to the Municipal
Treasurer who shall keep the said fees in a trust fund for the
customers of the Electrical System. Said 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 Municipal Electrical System. (Ref. 19-1404 RS
person except an authorized agent of the Municipality shall set
meters or make connections of the Electrical System of the
Municipality. The Municipality shall keep all meters in repair at
the expense of the Municipality. The owner or tenant of a premise
where a meter is located shall provide ready and convenient access
to the meter so that it may easily be examined and read by the
authorized agent of the Municipality. The Utilities Superintendent
may have any meter tested to determine if it is registering the
true amount of current at any time at expense. Any consumer of
current from the Electrical System may request to have his electric
meter tested by the Municipality which test shall be conducted
within twenty (20) days. If the test of the meter discloses that
it is registering two percent (2%) or more fast, the expense of the
test shall be borne by the Municipality, but if the test of the
meter discloses that it is registering less than two percent (2%)
fast, the consumer shall be billed the reasonable expense of making
such test.
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 Utilities Superintendent 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. (Ref. 17-902, 19-1404 RS Neb.)
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 premise where service is
furnished in his name, or if the said premise is destroyed by fire
or other casualty, he shall at once inform the Utilities
Superintendent who shall cause the electrical service to be shut
off from the said premise. If the consumer should fail to give
such notice, he shall be charged for all electricity used on the
said premise until the Utilities Superintendent is otherwise
advised of such circumstances. (Ref. 17-902, 19-1404 RS Neb.)
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 Utilities
Superintendent 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. (Ref. 19-1404 RS Neb.)
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 Utilities Superintendent.
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
Utilities Superintendent and shall follow all rules and regulations
which he 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 Governing Body 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.
Superintendent or his 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, such inspections may take place at any time.
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.
(Ref. 28-512 RS Neb.)
The Municipal Electrical
System shall pay to the general fund of the City of Falls City a
franchise fee of seven percent (7%) of its gross receipts. This
franchise fee shall be determined and paid monthly for the prior
monthly period. Five percent (5%) of such funds shall go to
general expenditures of the City of Falls City. Two percent (2%)
of such funds shall be designated for Economic Development,
provided however, any funds not used for Economic Development in
any given fiscal year shall be placed in a capital improvement/
infra-structure fund or such other designated fund as determined by
the City Council from time to time.(Ord #2006-101; Ord #2009-103)