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

(Code 2001)

(a)   Owners of premises served by utility services under this article shall be required to carry such services in their name, whether owned, individually or by another legal entity. Owners of the served premises shall be liable for payment of the costs of any utility service accounts arising from service provided to the premises. This provision shall also apply when the premises are leased to a third party by the owner or when leased by or through an agent or other representative of the owner. In the case of properties other than residential, the city may permit the owner’ s legal representative to contract for utility services, but the owner will continue to be ultimately liable for payment for utility services furnished by the city to the premises.

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

(Ord. 725; Code 2026)

(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 (5) days after the delinquency occurs and mailed to the owner at the address provided to the city for mailing utility bills. A copy also shall be mailed to the tenant as provided below.

(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 owner until the close of the next business day in which to pay the charges;

(3)   Notice that the owner 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 owner of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Ord. 725; Code 2026)

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 (5) days after the date of the order. The owner and tenant, if applicable, shall be notified either in person or by mailing a letter to his or her billing address and/or premises by certified mail, return receipt requested, However, if the order is made at the hearing in the presence of the owner and if applicable, the tenant, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed ten (10) days, for the termination of such service.

(Ord. 725; Code 2026)

(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:

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)   The deposit and interest accrued shall be payable in cash upon demand by the property owner depositing the same or it may be credited on the payment of any bill rendered; provided, that 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.

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

(f)   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. 632; Code 2001)

(a)   In the event a delinquency arises involving a leased premises, the tenant shall be notified in writing of the delinquency of the landlord by first class regular mail within ten (10) days after the billing to the landlord becomes delinquent.

(b)   If the tenant chooses to pay the delinquent account, service will not be terminated.

(c)   The tenant will be allowed to continue paying for utility services for a period of ninety (90) days to allow resolution of the non-payment by the landlord or to allow the tenant to obtain other housing, at which time service to the leased premises will be terminated.

(Ord. 725; Code 2026)

(a)   If service has been terminated to the leased premises for failure by the landlord to pay the delinquent utility bill or after ninety (90) days of payment by the tenant, no further utility services 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 is paid in full.

(b)   If the bill remains unpaid, the delinquent utility account 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 collected by law.

(Ord. 725; Code 2026)

A petty cash fund in the amount of $1,000 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 2001)

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 2001)

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 2001)