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

(Code 2002)

Unless otherwise provided in the provisions of this Chapter, all bills for the previous month’s utility services shall be paid on or before the 15th day of the month following the month of service. For any billing not paid when due, a late charge of five percent will be added to the bill.

(Ord. 296; Code 2020)

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.

(Ord. 198, Sec. 1; Code 2002)

(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 or city treasurer 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 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(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 or city treasurer 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. 228; Code 2002)

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.

(Ord. 198, Secs. 3:4; Code 2002)

(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 discontinuation of service. Receipt thereof shall be issued to each depositor.

(b)   No deposit shall be required provided that the applicant can demonstrate history of satisfactory payment of prior utility obligations by furnishing the city clerk with written statement from all utility providers within the previous 24 month period preceding application for utility service stating that the applicant had paid all utility charges in a prompt and timely manner with no delinquencies or past dues within the 24 month period.

(c)   In the event that utility references provided in the application for utility services report or reflect that the applicant was delinquent or past due less than 25% of the time within the 24 month period preceding application for utility service, the applicant shall pay a cash deposit for indicated utility services in the following amounts:

Natural Gas -$100; Water & Sewer -$50.

(d)   In the event that utility references provided in the application for utility services report or reflect that the applicant was delinquent or past due more than 25% of the time within the 24 month period preceding application for utility service, the applicant shall pay a cash deposit for indicated utility services in the following amounts:

Natural Gas -$150; Water & Sewer -$75.

(e)   In the event that utility references provided in the application for utility services report or reflect that the applicant left owing any utility provider (other than the city) for an unpaid utility bill within the 24 month period preceding application for utility service, or should the records of the city reflect that at any time in the past the applicant owned or presently owes the city for any utility service, the city shall not make connection of any utility service until such time as all previously reported utility bills being due and payable are paid in full and the applicant pays a cash deposit for indicated utility services in the following amounts:

Natural Gas -$200; Water & Sewer -$100.

(f)    In the event that the application for utility services fail or neglect to reflect or report utility provider references for the 24 month period preceding the application, the applicant shall pay a cash deposit for indicated services in the following amounts:

Natural Gas -$200; Water & Sewer -$100.

(g)   In lieu of cash deposits set forth in subsections (c):(f), the applicant may provide an irrevocable Letter of Credit in favor of the city, issued by a federally insured financial institution for the amount of the deposit required to be valid for a period of 24 months from date of issue payable upon presentment to the drawee within the 24 month period.

(h)   Any cash deposits so made shall be kept by the city clerk in a separate account and deposits 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 on January 1st of each calendar year. That on the second anniversary date following the deposit required above, the city clerk shall refund the deposit of any depositor who is owner of the premises wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past two years. Interest due and accrued shall not draw interest.

(i)    Upon the discontinuance of any service at the request of the depositor, the deposit will be refunded upon surrender of the original receipt thereof together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto.

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

(Ord. 208, Secs. 1:10)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the cost 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 the 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 a delinquency arises involving leased premises, 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. If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected utility service may be discontinued and no further such service shall be furnished by the city to the premises until all billings for the utility service to said premises, interest, late payment charges and a reconnection charge, if applicable, is paid in full.

(Ord. 199, Sec. 2; Code 2002)

(a)   Lessors of leased premises served by utility service furnished by the city shall be ultimately liable for payment of the cost of any utility service furnished by the city to such leased premises, whether the service is furnished upon the application and request of the lessor or the lessee of such premises.

(b)   If utility service is furnished by the city to leased premises, upon the application and request of the lessee, then all billings for such service furnished shall be made to the lessee. However, if the cost of such service is not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties as provided by the laws of the city. The lessor shall be notified in writing by first class mail within 10 days after a billing becomes delinquent.

(c)   If utility service is furnished to leased premises on the application and 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)   Such charges shall constitute a lien upon the real estate served, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection subject to the same penalties and collected in like manner as other taxes collectible by law.

(e)   The lien, described in subsection (d), shall not attach to property for unpaid utility fees or charges when:

(1)   The utility service(s) have been contracted for by a tenant and not by the landlord or the owner of the property, or the agent of such person, to which the utility service is provided; or,

(2)   The utility services are owed by the United States or the state of Kansas.

(Ord. 199, Sec. 1; Code 2002; K.S.A. 12-808c; Code 2020)