For purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other utility services provided by the city.

(Code 2007)

Unless otherwise provided, water, electric, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104.

(Code 2007)

(a)   If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)   The notice shall state:

(1)   The amount due, plus delinquency charge;

(2)   Notice that service will be terminated if the amount due is not paid within ten (10) days from the date of the notice unless the date of the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday. The water shall be shut off at 8 a.m. on the 21st day of each month. If the 21st day falls on a Saturday, Sunday or legal holiday, then the shut off will occur on the next business day (at 8:00 a.m.);

(3)   Notice that the customer has the right to a hearing before the designated hearing officer;

(4)   Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c)   Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Ord. 2018; Code 2022)

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 2007)

(a)   At the time of making application for utility service, the property owner or customer shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.

(b)   Cash deposits for the indicated utility services shall be in the following amounts:

(1)   Water and Sewer Service - $100.00.

(c)   The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “meter deposit fund.” Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.

(e)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded, with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.

(f)   Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Ord. 2018; Code 2022)

A petty cash fund in the amount of $1,000.00 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts.

(Code 2007)

The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the city clerk by check which shall state clearly the purpose for which issued.

(Code 2007)

Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount.

(Code 2007)

(a)   Make out and be responsible for the collection of all water bills due the city for water service supplied to any consumer or customer.

(b)   Keep proper records of the account of each customer, including the monthly charges of water rents, the state retailer’s sales tax, deposits to secure payment of bills, all connection charges, penalties, rebates, and all other financial transactions with each customer.

(c)   Keep a regular set of books showing in detailed account all collections, appropriations, expenditures, and claims approved for payment; and shall make all payment of claims after their approval by the governing body.

(d)   Have and perform such other duties in connection with the water department as the governing body may prescribe.

(Code 1977, 13.04.040; Code 2007)

(a)   The charges set forth in this chapter shall be payable upon billings rendered each month by the utility billing clerk in accordance with the rules and regulations thereof as provided by ordinance.

(b)   The utility billing clerk shall bill each consumer of water from the public water system of the city on a monthly basis. The city clerk shall determine the monthly billing based upon the customer’s previous water meter reading period. The clerk shall take the previous water period consumption and bill the customer monthly.

(Code 1977, 13.08.080; Code 2007)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the costs of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.

(b)   In the event that a delinquency arises involving leased premises, in addition to the tenant, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner’s agent known to city personnel responsible for said mailing, after reasonable inquiry.

(c)   If utility service is furnished to a leased premises on the application or request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished.

(d)   The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (b) of 15-106, on real estate of the lessor.

(K.S.A. 12-808c; Code 2022)