(a)   Customer. The term “customer” shall refer to the utility services account holder of record.

(b)   Person. The term “person” shall include any natural persons as well as corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation.

(c)   Utility Services. The term “utility service” shall include both sanitary sewer service and water service.

(d)   Collection Agent. The City Clerk shall act as the collection agent for water billings for the city.

(Ord. 882; Code 2016)

All residential, domestic and other drinking water usage (not including exterior irrigation, lawn watering and animal husbandry) shall only be made by means of a lawful connection to the city water utility system.

The city shall make all taps to the water mains and pipes of the city and install all stops. The city shall install all service pipes from the main to the meters and shall make all excavations in the public streets, which shall be necessary therefore. The property owner shall install all service pipes from the meter to the building.

The costs of making such connections shall be paid in the following manner:

(a)   Within the city; 60% of the cost of installation will be paid by the city and the applicant will pay 40% of the cost to the City Clerk prior to installation.

(b)   Outside the city limits, the cost shall be negotiated and agreed upon by the applicant and the governing body.

(c)   The fees to be charged for the tapping of the water main shall be established by the City Clerk and approved by the governing body. The party desiring such connection shall make application therefore to the City Clerk and shall pay to the City Clerk the established fees.

(Ord. 882; Code 2016)

All water supplies by the municipal water system shall be metered. All meters shall be furnished by and remain the property of the city. The city shall, at its own expense, maintain all water meters connected with the water system. If at any time the customer desires to have the meter tested for accuracy, the same shall be done by the city and a fee shall be charged to the customer in such amount as established from time to time by the governing body. If the meter registers more than a two percent inaccuracy, the meter shall be replaced or repaired by the city and no charge shall be made to the customer for the test.

(Ord. 882; Code 2016)

An application in writing shall be presented to the City Clerk for connection with the water and/or sewer system by all persons owning land to which the water and/or sewer service is desired or needed. The city shall be under no obligation to provide any such services in the absence of the presence of an adjoining water or sewer main or service line, or in the absence of an agreement being negotiated for the extension of a water or sewer main or service line, including an agreement as to how the costs thereof will be paid. Each single-family dwelling and each dwelling unit of a two-family dwelling or duplex and each non-dwelling premise hereafter served with water shall have a separate service connection, and each service line shall have a separate meter cut-off; provided, that in exceptional cases where it is impossible to provide a separate connection by reason of location of any building or premises, the governing body may grant exceptions to this rule.

(Ord. 882; Code 2016)

A non-refundable connection fee of $50.00 shall be charged at the time a customer requests and is granted water service. The full amount of the connection fee shall be paid to the City Clerk before a service connection shall be made as provided in Section 14-102.

Provided, that no connection shall be made for any customer who owes an unpaid balance to the city for prior or existing service at any other location

(Ord. 01-2012; Code 2016)

(a)   All customers shall keep their own service line from the meter to the buildings in good repair and shall prevent all unnecessary waste of water.

(b)   The customer and/or owner of the premises shall pay the cost of the replacement of the meter, including labor, if the meter is damaged and/or frozen as a result of the neglect of the customer.

(c)   In the event the service line from the main to the meter is on private property, the city may enter upon the premises for the purpose of repairing or replacing said water line. The city shall make reasonable attempts to give as much advance notice thereof as the circumstances may allow. In an emergency, no advance notice shall be necessary.

(Ord. 882; Code 2016)

In the event the city consents to a customer or property owner performing or causing the performance of work on a service line, such work shall be performed in conformity with the directions and stipulations of the city. No excavations made in public ground shall be kept open longer than is absolutely necessary to make the connections and/or repairs required. Suitable barriers, guards and light shall protect all such excavations. Backfilling shall be thoroughly compacted and left in a condition satisfactory to the city. For such backfilled excavations that are left in an unsatisfactory condition, the City Clerk shall cause them to be repaired and the cost thereof shall be charged to the party making such excavation and to the property owner.

(Ord. 882; Code 2016)

The following rates are hereby established for all water customers of the City: 

(a)   except as otherwise provided in subsections (c) and (d) below, all customers receiving within the city limits shall pay a minimum monthly charge of $30.00 plus $8.04 per 1000 gallons of water used or any portion thereof. 

(b)   All customers receiving service outside of the city limits shall pay a minimum monthly charge of $35.00 plus $8.31 per 1000 gallons of water used or any portion thereof. 

(c)   For water used for irrigation purposes only by USD No 398 as to Blocks 28 and 51 in the City USD 398 shall pay $8.04 per 1000 gallons of water used or any portion thereof.

(d)   For water hauled by individuals from a fire hydrant or well house, such individuals shall pay a minimum charge of $50.00 plus $10.00 per 1,000 gallons or any portion thereof.

(e)   All bills delinquent after the 15th of the month of the billing shall be subject to a ten percent (10%) penalty, with disconnection on the 3rd of the following month.

(f)   A water service reconnection of $50.00 shall be paid prior to reconnecting a utility service disconnected following a delinquency; the customer shall also pay to the City the entire balance due and owing to the City at the time of reconnection.

(Ord. 722; Ord. 762; Ord. 803; Ord. 833; Ord. 844; Ord. 09-2006; Ord. 06-2007; Ord. 01-2012; Ord. 03-2014; Ord. 06-2014; Code 2016; Ord. 01-2019; Ord. 01-2020; Ord. 01-2021; Ord. 01-2022; Ord. 11-2023)

Utility billings shall be mailed on approximately the first day of each month for the previous month serviced. All billings for utility services must be paid in full within fifteen (15) days after the date of the mailing of the bill. Failure to make payment by the due date shall result in the mailing of an account delinquency and service discontinuation warning notice. Persons making payment with insufficient checks on two (2) separate occasions within one year will be required to pay by cash, cashier’s check or money order, and payment attempted in any other manner shall be the equivalent of a non-payment, for a period of up to three (3) years.

(Ord. 882; Code 2016; Ord. 03-2019)

When property is temporarily vacant or service is to be discontinued, notice thereof shall be given to the City Clerk who shall have the service discontinued and/or disconnected, and no billings shall be made for the period of such suspended service. When service is to be recommenced, advance notice thereof is to be given to the City Clerk. Only designated city employees or contractors are permitted to turn off or on water service except as may otherwise be provided herein.

(Ord. 882; Code 2016)

(a)   Any person who shall neglect, fail, or refuse to pay within ten (10) days following notice of discontinuance the utility billings and delinquency charges due the city, such billings and charges shall constitute a lien upon the real property served by the connection to the utility service, and shall be certified by the City Clerk to the County Clerk of Marion County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible, or may collect in any other manner as provided by law.

Owners and occupants of leased premises served by the utilities furnished by the city are jointly and severally liable for payment of the cost of any utilities furnished by the city to such premises, whether such utility service is furnished upon the application and request of the owner or the lessee of the premises.

(b)   Any person violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $500.00 or be imprisoned not to exceed 60 days, or be both so fined and imprisoned. Each day any violation continues to exist shall be a separate offense and punishable as such here under.

(c)   Any person violating any of the provisions of this article shall be liable to the city for any expense, loss or damage incurred by the city by reason of such violation.

(Ord. 882; Code 2016)

The city may discontinue or refuse a particular utility service to any customer, without notice or hearing, for any of the following reasons:

(a)   When the customer so requests.

(b)   When it is determined by an employee of the city utility department, fire department or police department that the commencement or continuance of a particular utility service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.

(c)   When a utility service billing or late notice is returned and received at the city office marked “Moved, Left No Address,” “Refused, Unclaimed,” “Vacant” or “Box Closed – No Order” or other similar notice by the United States Post Office indicating that the billing is no longer deliverable to the billing address provided to the city by the customer.

(d)   The city hereby reserves the right to discontinue to any and/or all customers of the municipal water or sewer system without notice when the same becomes necessary for the repair of the system or any part thereof, or for extension of the mains, or where substances from the customer’s premises are being discharged into the sanitary sewer in violation of this chapter.

Further, the city may refuse service to any location where there is an unpaid balance owing for prior utility service at such location, and may refuse service to any customer who owes an unpaid balance to the city for prior or existing service at any other location.

(Ord. 882; Code 2016)

The city may discontinue or refuse a particular utility service to any customer, following notice to the customer, for any of the following reasons:

(a)   When the customer refuses to grant employees of the city’s utility department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.

(b)   When the customer violates any rule, regulation or ordinance of the city pertaining to utility services, which violation adversely affects the safety of the customer or other persons, or the integrity of the city’s utility services’ delivery system.

(c)   When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the utility services’ delivery system situated or delivered on or about the customer’s premises.

(d)   Non-payment or insufficient payment of utility bills.

Provided, however, that any discontinuance under this section shall not be carried out on a day prior to a weekend or legally recognized holiday.

(Ord. 882; Ord. 891; Code 2016)

(a)   Service discontinuance notice shall:

(1)   Be issued in writing and sent by United States mail, first class, or may also be provided by personal service by an employee of the city utility department or by any city law enforcement officer or by such city employee posting the written notice upon a door of a building upon the property serviced:

(2)   Be issued to:

(A)  The customer, at the last known address of the customer as shown on the records of the city.

(B)  To the occupant of the premises served if the occupant is not the customer.

(C)  The owner of any leased premises, or the owner’s agent, if leasing is through an agent.

(3)   Provide the following information: the name of the customer and address where service is being provided; account number; and the reason for discontinuance of service.

(4)   Notice that the utility service shall be terminated within 10 days of the mailing of the notice.

(b)   Account delinquency and service discontinuance with respect to any delinquent and unpaid utility service bill has the same requirements as above and shall:

(1)   Provide account past due amount, plus delinquency charges.

(2)   Provide hearing date (customer may request at least 24 hours prior to the hearing date that the hearing be rescheduled).

(Ord. 882; Code 2016)

(a)   Any utility customer receiving a notice of service discontinuance shall have the right to a hearing within a reasonable time, not to exceed ten (10) days following termination or refusal of service. If, after such hearing, the hearing officer finds in favor of the customer, the hearing officer may order connection or reconnection of the service at no cost to the customer.

(b)   If notice of service disconnection is due to non-payment of utility bill then the utility customer receiving notice shall have the right to a hearing prior to disconnection and which time and date will be set out in the notice. In the event the hearing officer finds utility service(s) should not be discontinued, the hearing officer shall so order and advise the city thereof. In the event the hearing officer finds utility service(s) should be discontinued, the hearing officer shall so order and advise the city thereof.

(c)   The hearing shall be conducted by the City Clerk or such other hearing officer as may be appointed by the Mayor, with the consent of the governing body. At such hearing the applicant customer, and the city, shall have the right to:

(1)   Present such evidence as is pertinent to the issue.

(2)   Be represented by counsel, and may examine and cross-examine witnesses. Formal rules of evidence shall not be followed.

(d)   In making a determination of whether discontinuance should be ordered, the hearing officer shall consider, but not be limited to the following factors: Whether discontinuance is dangerous to the health of the customer, the customer’s family or any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages or disabilities of the customer, the customer’s family or other residents of the premises.

(e)   Unless otherwise ordered by the hearing officer, utility service(s) shall be discontinued on the date that the order of discontinuance is issued by the hearing officer.

(f)   Extensions of the date of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments or for other good cause shown.

(g)   The customer shall be given notice of any order of discontinuance by the hearing officer in person or by certified mail.

(Ord. 882; Code 2016)

Check valves shall be and are hereby required on all connections to steam boilers or on any connection deemed by the superintendent of the waterworks to require one. Safety and release valves shall be placed on all boilers and other steam apparatus connected with the municipal water system where the steam pressure may be raised in excess of 40 pounds per square inch.

(Ord. 882; Code 2016)

It shall be unlawful for any person to:

(a)   Injure, molest or in any way interfere with any water meter, meter box or cover, or anything appertaining thereto belonging to the city.

(b)   Turn on water or to break the seal on any top cock where the city has caused such water to be turned off and such stop cock sealed due to nonpayment of water rent unless express permission has first been obtained from the City Clerk or his or her authorized representative.

(c)   Take any water from the municipal water system except through a meter installed by the city or from any premises not owned by him, her or them without permission of the owner thereof.

(d)   Turn any curb cock or meter valve on or off except a duly authorized employee of the waterworks department or an authorized representative.

(e)   To open or interfere with fire hydrants, except members of the fire department, waterworks department employees or street department employees. Building material or other obstructions shall not be deposited at or near fire hydrants to hinder their use. No horse or other animal shall be hitched to any fire hydrant or other fixtures used in connection with the waterworks system.

(Ord. 882; Code 2016)

(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 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 premise 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 on real estate of the lessor.

(K.S.A. 12-808c; Ord. 03-2014; Code 2016)