The City Clerk or authorized personnel shall maintain a water fund and a customer deposit fund and shall keep an accurate record of the meter readings and the amount of water consumed and total charges against and the amounts paid on each consumer’s account.

(R.O. 1965, Sec. 13-115)

All accounts carried upon the books of the municipal water department shall be with the name of the customer, and also the name of the property owner, if different than the customer, as the owner may have liability for water used upon the premises under the conditions hereinafter stated.

(R.O. 1965, Sec. 13-110)

The City Clerk or authorized personnel shall compute all billings from the meter reading reports and shall post all meter readings and amounts consumed in suitable records furnished by the City. The Clerk shall prepare, transmit and supervise the collection of the monthly bills and statements.

(R.O. 1965, Sec. 13-116)

(a)   The City may discontinue or refuse water service to any customer, without notice or hearing, for any of the following reasons:

(1)   When the customer so requests.

(2)   When it is determined by an employee of the City, Fire or Police Department personnel, that the continuance of water service constitutes a dangerous condition and is a likely immediate threat to health or safety of persons or to the property on or near the customer’s premises.

(b)   The City may discontinue or refuse water service to any customer, following compliance with the notice and hearing requirements of Section 3 of this Ordinance, for any of the following reasons:

(1)   Non-payment of water service accounts and delinquency charges.

(2)   When the customer misrepresents his identity or otherwise intentionally provides false information for the purpose of obtaining water service from the City.

(c)   The City may discontinue or refuse water service to any customer, following notice to the customer, for any of the following reasons:

(1)   When the customer refuses to grant City employees access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.

(2)   When the customer violates any rule, regulation or ordinance pertaining to water service.

(3)   When the customer attempts, or causes or permits unauthorized interference, diversion, theft, tampering or damage to water service or to the water distribution system.

If service is terminated for any of the reasons in this subsection (c), the customer shall have the right to a hearing within a reasonable time following termination or refusal of service. The procedures for requesting such hearing shall be as provided in 12-306. If after such hearing the city finds in favor of the customer, the connection or reconnection of the service shall be at no cost to the customer.

(Ord. 1168, Sec.1; Ord. 1261; Code 2015))

Water, sewer and sanitation charges and billings shall be mailed on approximately the 25th date of each month for the previous month served. All billings for utility service shall be due and payable at the office of the City Clerk on the tenth (10th) day of the month and must be paid in full by that date. Failure to make payment on or before the 10th day of the month shall result in the mailing or personal service of a Delinquency and Service Disconnection Notice at the address as show by the records of the City.

(Ord. 1168, Sec. 2; Ord. 1261; Code 2015)

The Delinquency and Service Disconnection Notice shall contain the name of the customer, the amount past due and the delinquency charges, notice that water service shall be terminated upon failure to pay the delinquent account within five (5) days of the date of mailing or service of the Notice. After service of said notice, any water service customer shall have the right to a hearing prior to disconnection. The customer shall have three (3) business days after receipt of the notice to file with the City Clerk a written request for hearing. The hearing shall be conducted within three (3) days after receipt of the request for hearing by the appointed hearing officer. Said hearing officer shall be appointed by the Mayor with the consent of the Governing Body. The procedure for requesting an immediate hearing before said hearing officer shall be stated on the delinquency and water service disconnection notice. In determining whether a termination or disconnection of service shall proceed as stated by said notice, the hearing officer shall consider certain factors, including, but not limited to the following:

(1)   Whether a disconnection of service would be dangerous to the customer, the customer’s family, or any of the residents of the premises affected;

(2)   The weather;

(3)   An unforeseen financial hardship of the customer;

(4)   The health, medical treatment, ages and disabilities of the customer, the customer’s family or other residents of the premises; and

(5)   The past payment history of the customer.

At the conclusion of the hearing, the hearing officer shall determine whether the service is to be disconnected on the date as contained in the notice. Extensions of the date of disconnection may be granted to enable the customer to make arrangements for installment payments. If a customer does not request a hearing under the foregoing procedure, the water service shall be disconnected on the date stated in the notice.

(Ord. 1168, Sec. 3; Ord. 1261; Code 2015)

After the effective date of this ordinance and in order to ensure the payment of all charges due to utility services, the City requires any customer to establish and maintain his/her credit by making a deposit before any connections for utility services are made. Current utility deposits shall be established in the following amounts:

Fifty dollars ($50.00) for water service,

Twenty-five dollars ($25.00) for sewer service,

Twenty-five dollars ($25.00) for sanitation service.

The amount of the deposit required for commercial and multi-family rental purposes may be adjusted to require higher deposit amounts. The amount of deposit required for such purposes shall not exceed twice the amount of such customer’s estimated bill for services for one (1) normal billing period. The City may require a customer to increase the amount of the deposit for any purpose at any time if the charges actually billed against the customer exceed the deposit or the account continually falls delinquent. The payment of a deposit shall in no way relieve the customer of the obligation to comply with the City’s regular collection policy with respect to past due dates and the prompt payment of bills upon presentation or the discontinuance of service for non-payment of any sums due the City.

All deposits will be refunded, with interest, as regulated by the laws of the State of Kansas. Customers may request refunds of their deposit after two (2) continuous years of service, providing that all billings have been paid on or before the tenth (10th) of each month. The customer must petition the Governing Body for the refund. The decision regarding the refund shall be at the discretion of the Governing Body, and the City Clerk shall refund such deposit with interest as directed by the Governing Body.

(Ord. 1168, Sec. 4; Ord. 1261; Code 2015)

In the event any customer fails to pay any utility service billing and/or delinquency charge, both the owner and occupants (customer) of said premises shall be jointly liable for the payment of the account. If known to the City and appearing on the water service records, the owner of any leased or rented premises shall be notified of the delinquency of the payment of the account in the same manner and at the same time as notice is provided to the customer.

In the event a customer moves from one property to another property leaving an unpaid billing for water service and other utilities at the first mentioned property, no water service shall be furnished to said customer at the property to which he or she has moved until said account is paid in full. In the event of an unpaid bill at a property, there will be no new service until the bill is paid in full.

(Ord. 1168, Sec. 5; Ord. 1237; Ord. 1261; Code 2015)

(a)   Late Payment Charges. All bills are delinquent after the tenth (10th) day of the month of the billing and shall be subject to a ten percent (10%) penalty.

(b)   Connection Fee. After the effective date of this ordinance, a connection fee in the sum of Thirty Dollars ($30.00) shall be charged to the customer requesting the water and other utility service. This connection fee is non-refundable.

(c)   Reconnection charges. Prior to reconnecting a utility service disconnected following the delinquency of an account, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection and shall also pay a reconnection charge in the sum of Forty-five dollars ($45.00) for reconnection of their water service.

(Ord. 1168, Sec. 6; Ord. 1261; Code 2015)