As used in this article, the following definitions shall apply:

(a)   Customer shall mean the utility service account holder of record.

(b)   Person shall mean natural persons and all corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation.

(c)   Utility Service shall mean water, gas, electrical, sewer, and the collection or disposal of refuse, trash, garbage and other solid waste and other utility services provided by the city.

(Ord. 279; Code 2022)

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

(1)   When the customer so requests.

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

(b)   The city may discontinue or refuse a particular utility service to any customer, following compliance with the notice and hearing requirements of Section 15-104, for any of the following reasons:

(1)   Non-payment of utility bills and charges as provided in Section 15-104.

(2)   When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the city.

(c)   The city may discontinue or refuse a particular utility service to any customer, following notice to the customer, for any of the reasons set out in this subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days, following termination or refusal of service. If after such haring 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.

(1)   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.

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

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

(Ord. 279; Code 2022)

Utility billings shall be mailed on approximately the 25th day of each month for the previous month serviced. All billings for utility services shall be due and payable at the office of the city clerk upon receipt and must be paid in full by the 15th day of the month. Failure to make payment before the 15th day of the month shall result in the mailing of an account delinquency and service discontinuation notice.

(Ord. 279; Code 2022)

(a)   An account delinquency and service discontinuance notice shall be issued in writing on the 16th day of the month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. mail, first class, to the customer (and a copy also sent by U.S. mail, first class, to the occupant of the premises serviced if the occupant is not the customer) at the last known address of the customer as shown on the records of the city. Written notice may also be provided by personal service upon the customer by an employee of he 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.

(b)   The notice of account delinquency and service discontinuance shall provide the following information:

(1)   Name of customer and address where service is being provided

(2)   Account number

(3)   Amount past due plus delinquency charges

(4)   Notice that utility service shall be terminated upon failure to pay the delinquent billing plus delinquency charges within 10 days of the date of the mailing of the notice.

(5)   Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the city.

(c)   The notice of account delinquency and discontinuance shall be substantially in the following form:

NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONTINUANCE.

TO: _______________ your water bill in the amount of $ ____ which was due on _______ __, ____, remains unpaid and is now delinquent. The delinquency charge to be added to your bill is $ ____. You are hereby notified that the city intends to terminate your service on ___________, ___, unless you pay the amounts due as above stated or unless good cause be shown why such service should not be terminated. You are further notified that you are to appear in the Bird City City Hall on the __ day of ___________ ____ at ___ then and there to show good cause as to why your service should not be terminated for the non-payment of charges. Should you fail to attend the hearing or fail to request at least 24 hours prior to the above hearing date that the hearing be rescheduled, then you are notified that immediately following the hearing date such service or services shall be discontinued.

DATED _________

CITY OF BIRD CITY, KANSAS

By:________________________

__________________, City Clerk

(d)   Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to the disconnection. At such hearing, the applicant customer, and the city, shall have the right to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses, however formal rules of evidence shall not be followed. 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. In the event the hearing officer finds utility service should not be discontinued, the hearing officer shall so order and advise the city thereof. In the event the hearing officer finds utility service should be discontinued, the hearing officer shall so order and advise the city thereof. Unless otherwise ordered by the hearing officer, utility service shall be discontinued on the date that the order of discontinuance is issued by the hearing officer. 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. The customers shall be given notice of order of payments or for other good cause shown. The customers shall be given notice of order of discontinuance in person, or by certified mail. 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.

(Ord. 279; Code 2022)

City utility departments are hereby authorized to discontinue and disconnect utility service to any customer pursuant to the procedure set out in this article. Customers shall remain responsible for furnishing the City with the correct address for billing purposes.

(Ord. 279; Code 2022)

(a)   In the event any person shall neglect, fail or refuse to pay within 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 Cheyenne County, Kansas, to be place on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(b)   The lien, described in subsection (a), shall not attach to property for unpaid utility fees or charges when:

(1)   The utility service(s) have been contracted for by a tenant and not by the landlord or the owner of the property, or the agent of such person, to which the utility service is provided; or,

(2)   The utility services are owed by the United States or the state of Kansas.

(Ord. 279; K.S.A. 12-808c; Code 2022)

Owners and occupants of leased premises served by the utilities furnished by the city are jointly liable for payment of the cost of any utility 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. The owner of any leased premises, or the owner’s agent if leasing is through an agent, shall be notified of the delinquency of the occupant of the leased premises in the same manner as notice is provided to customers pursuant to Section 15-104 and at the same time of notice to the lessee-customer.

(Ord. 279; Code 2022)

(a)   Late Payment Charges. All bills delinquent after the 15th day of the month following the billing shall be subject to a $15.00 penalty, and to an additional $15.00 penalty for each additional month the bill remains delinquent.

(b)   Reconnection Charges. Prior to reconnecting a utility service disconnected following a delinquency, the customer shall pay to the city the entire balance due and owing to the city at the time of reconnection. The customer shall also pay a reconnection charge of $ 25.00 for utility service.

(Ord. 279; Code 2022)

The sewage disposal system and the waterworks system owned and operated by the city are hereby declared to be a water and sewage system. which shall hereafter be operated and financed as provided herein and by law.

(Code 1998, 13-102; Code 2022)

Any and all charges and revenues collected in connection with the operation of the water and sewage system shall be deposited in and credited to a “water and sewer fund” for use in the operation, repair and maintenance thereof.

(Code 1998, 13-103; Code 2022)

There is hereby created and established a Water and Sewage Department of the city for the operation, repair and maintenance of the city’s water and sewage system, which shall be under control and supervision of the City Superintendent and which shall have such employees and personnel as may be decided upon by the City Council from time to time.

(Code 1998, 13-104; Code 2022)

The City Council has established the following rates for water uses and sewer:

(a)   A base rate of $38.00 per month per meter for a minimum usage of up to 4000 gallons per month;

(b)   Water usage over 4,000 gallons per month will be charged at the rate of $4.00 per thousand gallons per month over 4,000 gallons plus the minimum base rate.

(c)   The sewer rate shall be $30.00 per month.

(Code 1998, 13-105; Ord. 326; Ord. 334; Code 2022; Ord. 367)

There shall be a charge of Five Dollars ($5.00) per thousand gallons of water, or fraction thereof, obtained from bulk purchase of city water and all such purchases shall be reported to the Office of the City Clerk if the City of Bird City, Kansas by the person or persons purchasing it.

(Code 1998, 13-106; Code 2022)

There shall be a water connection fee of Seventy-Five Dollars ($75.00) collected from each new user of city water prior to connection of the water to any commercial or residential building.

(Code 1998, 13-107; Code 2022)

(Code 1998, 13-108; Code 2022)

(Code 1998, 13-109; Code 2022)

(Code 1998, 13-110; Code 2022)

In the event of termination of water service to any commercial or residential building as herein provided, there shall be collected from the user of such water a fee of Twenty-Five Dollars ($25.00) for the reconnection of water service and water service shall not be reconnected until the water user has paid the account in full and a new cash deposit in the same amount is furnished.

(Code 1998, 13-111; Code 2022)

There is hereby established water tap fees for city water in an amount equal to the cost of the material and excavation plus twenty percent (20%). The city shall connect users of city water to the city’s water mains and shall include in said connection all necessary material to effect such connection, including water meters. The city shall furnish the material and excavation so as to provide that the water shall be available on the property line of the user.

(Code 1998, 13-112; Code 2022)