CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. GENERAL PROVISIONS

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.

(Code 2007)

Water or other utility service shall be terminated for nonpayment of service fees or charges. Termination of service shall occur if such utility fee or charge is not paid in full at the city offices by the close of business on the 28th day of the month in which such fee or charge was billed to the customer. The city shall send delinquent notices for nonpayment of service fees or charges to the customer at the customer’s last known address by the 16th of each month notifying the customer that service shall be terminated if such fee or charge is not paid in full at the city offices by the close of business on the 28th day of the month in which such fee or charge was billed to the customer.

(Ord. 597, Sec. 2; Code 2007)

(a)   At the time of making application for utility service, the property owner or customer shall make a deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service, except for consumers who have established a good credit reference with the City’s utility department. Receipt thereof shall be issued to each such depositor.

(b)   Deposits for the utility services shall be in the following amounts:

(1)   Water and Sewer Service - $100

(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.

(d)   Any deposit or deposits may be returned to the customer after a good credit record has been established by not receiving more than three (3) late notices in a 12 month period. Interest due and accrued shall not draw interest.

(e)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded therefor together 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. 516; Code 2007; Ord. 694; Code 2016)

(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.

(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.

(Ord. 616, Sec. 5; Code 2007)