[Amended 9-4-1979 by Ord.
No. 1180; 5-3-1988 by Ord. No. 9-88]
The municipal electrical system will endeavor to supply but
will not guarantee uninterrupted service or constant voltage level.
The consumer waives claim by its application for or its receipt of
such supply, and hereby releases and discharges the City from claims
for, and shall indemnify and save harmless the City from, any and
all loss and damage arising from interruption of service, or on account
of injury to persons (including death), or damage to property on the
premises of a consumer or under a consumer's control, unless such
loss, damage, or injury is the natural, probable and reasonably foreseeable
consequence of the City negligence, and such negligence is the sole
and approximate cause thereof. The Electric Superintendent shall have
the power and authority to disconnect or discontinue for repairs to
the system and for emergency purposes as may be necessary for the
operation and maintenance of the municipal electric system and where
hazardous conditions are found to exist. 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 cause over which the municipality
expressly reserves the right to discontinue or disconnect services
for the purposes heretofore set forth.
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 Light Commissioner.
[Amended 5-3-1988 by Ord.
No. 10-88]
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 said work, give reasonable written notice to the Light Commissioner and shall follow any and 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. The consumer shall permit the City and the City shall have the right to trim trees, including the removal of limbs, to the extent that such trimming shall be necessary (generally removal of all limbs and branches within five feet of any overhead wire or structure) to prevent interference with the City's lines. Work must be done in accordance with the requirements of Chapter
364, Trees, of the City of Seward Municipal Code.
Whenever it becomes necessary to protect the lines or property of the electric distribution system of this City, the Mayor and Council shall have the right to remove and cut away overhanging branches or limbs of trees so that its lines will be free and open, and such right, privilege, and authority shall be exercised by the City whenever its Mayor and Council at any regular, stated, or special meeting passes a resolution stating its intention so to cut or remove such obstructions to the lines and service of its electric distribution system. Work must be done in accordance with the requirements of Chapter
364, Trees, of the City of Seward Municipal Code.
The Light Commissioner or his 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.
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)
Consumers shall not use, nor permit to be used, the service
of the electric distribution system of this City for the operation
of radio, wireless, or other equipment that will affect said service
without complying with the rules of this City governing such equipment.
Any person operating or causing to be operated any oil burner, motor,
sign, or other electrical apparatus within the corporate limits of
the City or connected with any light and power system in said City
or any suburban or farm lines, which shall cause unnecessary electrical
interference with radio reception, shall equip such apparatus with
proper filtering attachments to eliminate the interference; provided
that the foregoing shall not apply to the use of necessary medical
or health equipment or apparatus where said interference cannot be
reasonably eliminated.