For purposes of this article utility services shall include water, gas, sewer, solid waste (refuse) and other utility services provided by the city.
(Code 2012)
Unless otherwise provided, water, 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.
(Code 2012)
(a) A delinquency and termination notice shall be issued by the City Clerk contemporaneously with the monthly utility bill which is mailed, first-class postage prepaid, to the address provided by the person responsible for the bill. A copy of the notice shall also be sent to the occupants of the premises if different from the responsible party.
(b) Contents of the notice shall include:
(1) The amount due, plus late fees and penalties, if applicable;
(2) A statement that service shall be discontinued on the 25th day of the month unless payment is received in full;
(3) A statement that a hearing shall be available upon request to address disputed billing upon written notice, served upon the City Clerk by the end of business the 20th day of the month in which the termination notice was served upon the customer. In the event that the 20th day of the month falls on a weekend or holiday for which City Hall is not open for business, notice shall be served upon the city clerk no later than close of business the next working day thereafter.
(c) Procedural requirements are as follows, and provided in writing to each applicant for hearing by the City Clerk:
(1) Notice of the hearing date will be provided to the customer by the City Clerk upon receipt of the request for hearing by the customer.
(2) All hearings shall be conducted on the 24th day of the month in which the termination notice was served upon the customer. Time of the hearing shall be agreed upon by customer and city clerk. All hearings shall be heard at City Hall, 110 North Union Street, McLouth, Kansas unless otherwise noticed. In the event the 24th day of the month falls on a weekend or holiday for which City Hall is not open for business, the hearing shall be held the next working day thereafter at the time and location provided above.
(3) All hearings shall be presided over by the Mayor or his/her designee.
(4) All findings of the hearing officer shall be final.
(Ord. 2003-03; Code 2012)
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.
(Code 2012)
(a) All applications for utility services shall be accompanied by a cash deposit in the amount of $300 to secure payment of accrued bills or bills past due for non-payment or discontinuation of service. The person making the application and deposit shall be deemed to be the responsible party for payment of utility service bills and charges. Receipt thereof shall be issued to each such responsible person. The $300 shall be considered an undivided amount for water, sewer, gas, and any additional services provided by the city and billed on a periodic basis to the responsible party.
(b) Any applicant whose utility services have been suspended or terminated by reason of nonpayment of utility charges within a five year period prior to the subsequent application, at the same or different location, whether to the city of McLouth or other municipality or supplier, shall be required to post a deposit in twice the amount as set forth in subsection (a).
(c) The deposits 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 annually by the state corporation commission, and credited to the responsible party’s account.
(d) For responsible parties making deposits for leased or rented property, the total deposit shall be retained for the length of the tenancy. For responsible parties making deposits for property owned or being purchased by the responsible party pursuant to a mortgage recorded by the register of deeds, the deposit may be returned to the responsible party after the passage of two years, and in the discretion of the governing body for the city, if all utility service bills are current, no debt is past-due, and there have been no excessive delinquent payments received on the account.
(e) Upon termination of services, and upon demand and notice by the responsible party, the deposit and any accrued interest previously credited to the account shall be returned by the responsible party, provided no outstanding debt on any utility is owed. Failure of the responsible party to make full payment for any and all utility service bill or bills due and owing at the time of termination for services or the next billing cycle may result in withholding any amount up to and including the full amount of the deposit and accrued interest necessary to satisfy the unpaid debt or debts, regardless of which utility or utilities remain unpaid or delinquent. If any balance above the amount of the deposit withheld remains, the city shall have the right to seek full reimbursement through any legal means available.
(f) Any deposit not funded to the responsible party within three years of discontinuation of services shall be deposited in the water fund of the city upon compliance with the provisions of K.S.A. 12-822, as amended.
(Ord. 2004-06; Code 2012)
(a) In the event that any person, except the United States or the state of Kansas, shall fail to pay the fees or charges for such utility service(s), utility service shall be terminated as provided in sections 15-102:104. The governing body may refuse the delivery of utility service(s), as permitted by law, until such time as the fees and charges are paid in full.
(b) In the event that any person, except the United States or the state of Kansas, residing, occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the governing body to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law.
(c) The lien, described in subsection (b) of this section, shall not attach to property for unpaid utility fees or charges when the utility service(s) have been contracted for by a tenant and not by the landlord or owner of the property to which the utility service is provided.
(d) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.
(e) 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.
(Code 2012)
(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, the party to whom the service was applied for, whether it be lessor, lessee or both, shall be initially notified in writing of the delinquency by first class regular mail within ten (10) days after the billing to the lessee becomes delinquent.
(c) Should the delinquency not be cured within the ten (10) days, the City will send a notice of intended shutoff. If the applying party was the lessor, only the lessor will receive notice of the intent to shutoff. If the applying party was the lessee, both the lessor and the lessee will receive such notice. 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.
(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, as provided in subsection (b) of 15-106, on real estate of the lessor.
(Code 2012; Ord. 2024-01)
A petty cash fund in the amount up to $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 2012)
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 2012)
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 2012)
(a) Application Permit. Any person desiring to connect to a utility owned, regulated, or operated by the City of McLouth, Kansas shall apply for a connection permit, obtained from the city clerk. “Person” shall be defined to include any individual, corporation, sole proprietorship, partnership, limited partnership, joint venture, or other business organization or legal entity.
(b) Applicability.
(1) Connection permits shall be required for any water, sewer or gas connection. Each service shall be considered a separate connection, and each shall require a separate permit and separate fee.
(2) As applied to multiple-residence structures, to include, but not limited to, duplexes, apartment buildings, mobile home parks: each distinct unit which requires a separate meter for any utility, and each distinct units which is to be connected to the municipal sewer system, shall be considered as independent connections, and each shall require a separate permit and fee for each connection requested, irrespective of the number of units owned or controlled by any person or applicant.
(c) Connection Charge. The applicant for a connection permit shall, at the time of application, pay a sum of $500 for each service connection requested.
(1) The water service connection fee shall be $500.00 and shall not include the cost of any water meter required.
(2) The gas service connection fee shall be $500.00 and shall not include the cost of any gas meter required, or yard lines required.
(3) The sewer service connection fee shall be $125.00 with a $500.00 damage deposit also required to be paid prior to connection and to be refunded as described in Section 15-403.
(Ord. 2003-01; Code 2012; Ord. 2023-14)
(a) As stated in Sections 15-204, 15-319 and 15-402, all houses, buildings and properties used for human occupancy shall be connected to city water, sewer and gas (unless the property is fully powered by electricity) or otherwise deemed unfit for human habitation per section 4-601.
(b) Should the City receive a written request for voluntary disconnection from said service for any reason other than the immediate transfer of service to another party, a charge of one hundred and fifty dollars ($150.00) shall be charged to the account for disconnection.
(c) Requests for reconnection shall be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday (hereinafter "regular hours") at City Hall, provided that business is being conducted that day.
(d) Services disconnected voluntarily or for non-payment shall not be reconnected until all fees and costs are paid in full, including penalties, interest, and reconnection fees, as applicable.
(e) The charge for reconnection during regular hours shall be twenty-five dollars ($25.00). The fee for reconnection after hours shall be fifty dollars ($50.00).
(f) For all subsequent requests for reconnection during regular hours received in a twelve (12) month period, the cost shall increase by twenty-five dollars ($25.00). For example, the third request in a twelve-month period shall mean a charge of $75 .00.
(g) For all subsequent requests for reconnection outside regular hours received in a twelve (12) month period, the cost shall increase by fifty dollars ($50.00). For example, the third request in a twelve-month period shall mean a charge of $150.00.
(Ord. 2000-09; Code 2012; Ord. 2023-15)
All utility bills shall be rendered monthly for water, sewer, solid waste and gas and shall be due and payable on the 15th day of each month. Whenever payment is not made by the due date, the city shall have the right to terminate utility service after notice and hearing, as provided for in section 15-103. Before service shall be restored, the customer shall pay the bill, late fee in an amount equal to 10% of the unpaid bill and the reconnection fee provided for in section 15-112.
(Ord. 2000-01; Code 2012)
(a) Rates for water, sewer, and solid waste disposal services shall be set by resolution adopted by the governing body. Any change in these rates set by the governing body shall be published in the official city newspaper once prior to the effective date of the rate change.
(b) A fee is to be levied upon customers outside the city limits of McLouth, Kansas who are served by utilities provided by the City of McLouth, Kansas. This fee shall be in the amount of $5, which shall be in addition to the regular rate for each particular utility service provided. This additional fee shall be deemed appropriate to defray the cost of operation, repairs, maintenance, extension and enlargement of said utilities systems as well as all charges incidental to the operation of said systems.
(c) The monthly base rate for natural gas, per gas customer, shall be $15.00 plus applicable taxes. The monthly rate for natural gas reflects the purchase cost and transportation to the City of McLouth, Kansas with the City adding not more than $3 per thousand cubic feet over purchase and transportation cost. Due to the constant fluctuations of natural gas costs, the City can change this monthly rate without prior notification.
(Ord. 2008-03; Code 2012; Ord. 2014-03; Ord. 2018-07)