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City of Seward, NE
Seward County
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Table of Contents
Table of Contents
Under 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 an employee of the municipality or a licensed electrician authorized to do so by the Light Commissioner. 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.[1] All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for such installation prescribed by the Light Commissioner; provided that such rules, regulations, and specifications have been reviewed and approved by the governing body.
[1]
Editor's Note: See Ch. 225, Art. X, Electrical Code.
A. 
Upon approval of the consumer's application, the City will run, or cause to be run, supply wire or wires to the building or buildings of the consumer, if said buildings are located on premises abutting the distribution system of the City.
B. 
No person, except those authorized by the Light Commissioner, shall connect or make any changes in the switches, motors, meters, wires, or wiring, or any electrical apparatus of any description where said light or power is used or in any way interfere with or injure the same, or any connection, when the same are connected with the supply wires of the electric distribution system of the City.
C. 
All poles, overhead wires, transformers, and other aerial construction equipment or apparatus shall be erected in a substantial manner and shall be placed in the alleys of the City insofar as it is practical to do so. All wires shall be erected and maintained at such height as shall interfere as little as possible with other wires or business interests, and all such wires shall be placed so as not to interfere with the common, ordinary, public travel upon said streets and alleys.
[Amended 9-2-1980 by Ord. No. 2080; 12-20-1983 by Ord. No. 40-83; 11-29-1984 by Ord. No. 39-84; 5-16-1989 by Ord. No. 14-89; 4-17-1990 by Ord. No. 14-90; 9-5-1995 by Ord. No. 34-95; 8-17-1999 by Ord. No. 38-99; 4-19-2005 by Ord. No. 23-05; 5-18-2010 by Ord. No. 10-10]
A. 
All electric service customers of the City to whom electric service is supplied, whether tenants, occupants or owners of the premises, shall deposit at the Utility Office/City Hall a utility deposit in such amount as may be fixed from time to time by resolution of the Council. All such funds shall be retained by the City as a guarantee of payment of all charges and service fees incurred by the depositor. For deposits over $500, interest will be payable for a one-year time period based on the average rate of interest earned by the City on investments over the immediate past 12 months preceding the return of the deposit. There will be no charge made for electrical activation services.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Utility deposits are in the nature of trust funds and shall be refunded to consumers after two years of service and no delinquencies, audited and allowed by the City Clerk-Treasurer and ordered paid out of the Electric Fund with proper deductions made for arrearages or delinquencies due the City, if any. Said utility deposit funds shall be refunded only to the original depositor, or his/her estate, and are not transferable unless approved by the City Clerk-Treasurer. The City shall have the authority to increase or decrease commercial electric service deposits, based on the usage, if it is determined necessary by order of the City Clerk-Treasurer. If a commercial deposit is increased and the commercial consumer neglects or refuses to pay the increase within 30 days, service shall be discontinued by the procedure provided for in Chapter 370, Utilities, § 370-1.2.
C. 
All utility deposits heretofore or hereafter deposited with the City that are not demanded by the depositor within four years after the discontinuance of such electric service shall be deemed forfeited and shall be transferred to the Electric Fund of the City.
[Amended 4-19-1988 by Ord. No. 6-88]
A. 
The City will designate a point on the consumer's premises where service will be delivered. All meters for electric service shall be furnished, shall be set in place, and shall remain the property of the City. All such supply wires shall be considered property of the City. It shall be unlawful for any person to employ any scheme, device or contrivance for the purpose of evading the proper service and registration of any meter or to employ any scheme or device whereby he may obtain current which does not pass through the meter furnished him by the Electric Superintendent. Finding apparatus attached to the power meter or any device in or near any meter which causes the same to register incorrectly shall be prima facie evidence of the intent of the occupier of said premises, or of said consumer, to convert electric current to his own use, which is hereby declared unlawful, and the person convicted of violation of the same shall be punished as hereinafter provided; and if it shall appear to the Electric Superintendent that any light or power meter shall have been tapped or tampered with, he is hereby empowered to install or cause to be installed, at the consumer's expense, a special meter as specified by the Electric Superintendent and accessible only to the Electric Superintendent or his agents. The consumer shall safeguard and provide adequate protection of the property of the City, including metering equipment located on the consumer's premises, and maintain clear and safe access thereto at all reasonable times.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Master metering shall be prohibited in new multifamily residential buildings. Provisions for individual-tenant metering will be installed at the time of construction so that if the use of the building changes from the above criteria, the living units can be easily converted to individual metering and billing in accordance with City standards.
[Amended 12-2-1980 by Ord. No. 42-80; 8-3-1999 by Ord. No. 26-99[1]]
All electric current furnished hereafter to consumers by the electric distribution system of the City shall be measured by meters, which are the property of, furnished and set by the City. No person except an authorized agent of the City shall be allowed to set meters or make connections to the electric service of the distribution system of this City. The City will hereafter furnish all necessary meters to consumers and will keep all meters clean and in repair at the expense of the City. The owner of the premises where a meter is located shall provide ready and convenient access to the meter so that it may easily be examined and read by authorized agents of the City. Any consumer of current from the electric distribution system of the City may request the Light Commissioner to test any current meter or meters in use which the consumer may have reason to believe are not registering the correct amount of current. Such request shall be made at the Utility Office/City Hall and such consumer shall deposit with said office the sum of $50 per meter to be tested by a firm qualified to test meters. If, upon test, the meter is determined to be defective and does not register the amount of current 2% or less, the meter shall be repaired at City expense and such $50 so paid shall be refunded to the consumer. If, however, upon such test, the meter is determined to perform and register the electric current with an accuracy of 2% or less, then such $50 shall be retained by the City Light Department as payment for the expense incurred by the test requested by such consumer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-16-1980 by Ord. No. 24-80; 10-18-2005 by Ord. No. 50-05]
When for any reason an electric meter is not registering accurately the amount of kilowatt hours, the consumer shall be charged for the electric current during the time such meter is out of repair in a sum equal to the charge for the amount during the corresponding period of the preceding year; provided that if no basis for such comparison exists, or in the opinion of the Electric Superintendent such basis is unfair, the consumer shall pay such reasonable sum for the electricity during such period as the Electric Superintendent shall fix. In no event shall either the City be able make a claim for underpayment by the consumer or the consumer be able to make a claim for overpayment to the City, for any period of time dating back more than one year from the date of discovery of a meter out of repair or for any other reason causing a billing to the consumer to be inaccurate.
[Amended 12-2-1975 by Ord. No. 1038; 9-21-1982 by Ord. No. 21-82; 3-20-1984 by Ord. No. 7-84; 10-5-1999 by Ord. No. 48-99; 8-17-2010 by Ord. No. 21-10]
A. 
The Electric Superintendent shall monthly examine and read, or have examined and read under his supervision, all meters of consumers of electric service from the electric distribution system of the City. The employees of the Utility Office shall prepare and cause to be made bills for collection from each consumer for the amounts of current consumed since the last reading or examination of his meter or meters. The bills, so prepared, shall be mailed to the customers on or about the first day of the next month. For record-keeping purposes, bills shall be considered delinquent if they are received by the Utility Office after the close of business on the 15th day of the month.
B. 
If the consumer shall neglect or refuse to pay his bill on or before the delinquent date, the amount due will be increased by a ten-percent late payment charge, not to exceed $50. Sales-tax-exempt consumers will be exempt from the late payment charge. In addition, discontinuance of service procedures will commence in accordance with City codes.
[Amended 4-19-1988 by Ord. No. 7-88; 8-17-2010 by Ord. No. 20-10]
A. 
The term "user" as used in this article shall mean all users of the municipal electric system and the owners and tenants of real estate and buildings connected with such electric system and as hereinafter classified.
B. 
User rates shall be classified as either "residential," "commercial service," "general service demand," "rural residential," "large power" or "municipal." The following are definitions of each user:[1]
(1) 
A "residential user" shall be defined as the owner or tenant of a dwelling used primarily for residential purposes and which is located inside the City limits: provided that any property located in a residential zone of the City which conducts a small business inside the home and which is in conformity with the zoning ordinances of the City[2] shall be considered residential for the purpose of electric classification; unless the business occupies 50% or more of the residence, and then it shall be classified as a "commercial service" user.
[2]
Editor's Note: See Ch. 410, Zoning and Subdivision.
(2) 
A "commercial service user" shall be defined as any owner or tenant who uses electricity primarily for business purposes (including all churches and schools), whether or not this consumer is inside or outside the City limits.
(3) 
A "general service demand user" shall be defined as any owner or tenant who uses electricity primarily for business purposes, whether or not this consumer is inside or outside of the City limits, with a demand of 50 kilowatts or more for four consecutive months.
(4) 
A "rural residential user" shall be defined as a owner or tenant of a dwelling used primarily for residential purposes which is located outside of the City limits.
(5) 
A "large power user" shall be defined as customers with demands of 500 kilowatts or more for four consecutive months.
(6) 
A "municipal user" shall be defined as any customer meeting City criteria for service in which the City has the sole investment and interest.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).