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

(Code 2008)

There shall be chosen by the mayor of the city at the first regular meeting of the city council alter each annual city election of the city or as soon thereafter as practicable, two council members who shall be known as the light and water committee and they shall serve for the ensuing year. The light and water committee is hereafter referred to in this chapter as the committee. Any vacancy in the committee shall be filled for the unexpired term at the first regular meeting of the city council except when the vacancy is caused by the member ceasing to be a council member, in which event the vacancy shall be filled at the first regular meeting of the city council after the election of the new council member. The committee immediately after its selection shall select one of its number as chairperson of such committee.

(Code 1959, 18-102)

It shall be the duty of the light and water committee to exercise an oversight over the water and light department of the city; to examine and approve or disapprove all accounts for expenditures of this department and no account shall be allowed until approved by the committee unless otherwise ordered by the council. The committee shall fix all rates to be charged to the consumers which are not provided for herein until the city shall establish the same by ordinance. The committee shall report and make recommendations and suggestions at any and all times when the same shall promote efficiency, protect its property or benefit the city.

(Code 1959, 18-103)

The city superintendent shall fulfill the duties of the utility superintendent.

(Code 2008)

(a)   The utility superintendent shall have charge of the water and electrical properties of the city and shall manage the same subject to the committee and city council.

(b)   He or she shall keep in repair the pumps, wells, machinery, hydrants, generators, wires and other water and electrical fixtures and properties of the city and see that they are in good condition for use and everything in connection therewith is being properly cared for.

(c)   He or she shall, with the advise and consent of the committee, employ all laborers in the department and may discharge any such subject to the approval of the committee; and he or she shall at all times see that all employees of the department are attending to their respective duties.

(d)   He or she shall have charge of all the construction of all water and electrical extensions and improvements subject to the direction and control of the committee and the council.

(e)   He or she shall see that all consumers comply with the rules and regulations controlling the properties, pay the proper rates and use no more water and electrical current than they pay and are rated for.

(f)    He or she shall see that all penalties are enforced for violations of the rules or ordinances pertaining to this department and that all plumbing, wiring and installation of fixtures or apparatus is done in good and workmanlike manner, and give permits for all plumbing done in connection with the waterworks and shall issue all permits for the use of water, tapping mains, extensions, applications for service pipe, or any attachment to the waterworks and shall have full control over the installation of any electrical apparatus used in any connection with this department.

(g)   He or she shall at all times keep on file in the office of the city clerk, permanent records and plats showing the location, size and kind of all electric transmission and power lines of circuits aboveground and underground, and full and complete description of all machinery and apparatus constituting and composing the electric light and water plants of the city.

(h)   He or she shall furnish to the city council a complete inventory of the light and water department whenever they see fit to call for same, and it shall be the duty of the light and water committee to inspect and check up the records, plats, etc., on file in the office of the city clerk pertaining to the department. Such inspections and examinations to be made during the month of January and July of each year and a report of their findings to be filed with the city clerk and read at the first meeting of the city council during the months of February and August.

(i)    He or she shall attend all meetings of the city council whenever requested to do so either by the mayor or the committee.

(j)    He or she shall report and make recommendations and suggestions at any time and at any times when the same shall promote efficiency, protect its property or benefit the city.

(Code 1959, 18-105)

The superintendent or any authorized employee of the light and water department shall have access at all reasonable hours to all parts of the premises to which water is furnished or electrical current is supplied for the purpose of inspection of use and examination of apparatus and fixtures.

(Code 1959, 18-106)

The waterworks in connection with the electrical property belonging to the city shall constitute a separate department in the financial administration of the city. All revenue arising therefrom shall constitute a separate fund to be known as the light and water fund to be applied:

(a)   To the payment of all expenses of the department, replacements and all necessary equipment and extensions.

(b)   To pay interest on bonds thereto pertaining.

(c)   The council shall at all times maintain rates that are ample to provide necessary funds to carry out the provisions of this section.

(Code 1959, 18-107)

If an electric or water meter should fail to register properly at any time, the consumption for the period shall be estimated from the consumption of a preceding period when electricity or water was supplied under similar conditions and was correctly measured.

(Code 1959, 18-108)

All bills for any utility service furnished to users by the city shall be due and payable at the office of the city clerk on the 1st day of the calendar month following the month the service was furnished. All bills due and owing on the 1st of each month must be paid on or before the 15th day of each month. Any bill not paid in full by the 15th day of the month shall be charged a ten percent (10%) penalty which shall be added to the bill. All property owners shall be, and are hereby made liable for, any and all utility bills contracted for by themselves, their agents or tenants for the premises of any such property owner. Utility services shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104. In the event utility service shall be terminated for nonpayment of services fees or charges; a re-connect fee of $50.00 shall be charged in addition to all other fees and charges set out herein.

(Ord. 851, Sec. 1; Code 2008)

(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 days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

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

(3)   Notice that the customer has the right to a hearing before the governing body or its 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 customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Code 2008)

Following the hearing, if the governing body or its designated 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 2008)

(a)   Each new customer making application for utility service shall make a cash deposit to the city in the amount as specified in subsection (b), the deposits to serve as a guaranty for the payment of service thereafter furnished to the customer’s premises.

(b)   Cash deposits for the indicated utility service shall be in the following amounts:

(1)   Water Service - $50.00;

(2)   Electric Service - $150.00.

(c)   In the event that utility service shall be disconnected or discontinued for failure to pay any bill due the city for such utility, such cash deposit shall be applied as a credit against all amount due from the customer to the city, and if there shall remain any surplus of such deposit, the same shall be returned to the customer.

(d)   Deposits collected pursuant to this section shall be governed by the provisions of K.S.A. 12-822 as amended.

(Code 2008)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the cost 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 the 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 a delinquency arises involving leased premises, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail 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. If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected utility service may be discontinued and no further such service 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, if applicable, is paid in full.

(c)   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 2008)

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 2008)

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 2008)

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 2008)

Any person or persons from whose premises the water or electric current shall have been turned off for any reason herein provided for or for a violation of any of the rules of the light and water department who shall turn the water or electric current on or cause the same to be turned on without authority in writing from the superintendent, shall be in violation of this code.

(Code 1959, 18-402)

It shall be unlawful for any person, firm, company or corporation to tap or connect with the waterworks or electrical apparatus of the light and water department or turn on water or electricity from such works without first having obtained a permit in writing to do so from the superintendent; or to interfere with any water mains, pipes, fixtures or electrical apparatus.

(Code 1959, 18-403)

Any person, persons, company or corporation who shall willfully and maliciously injure or destroy any machinery, wire, poles, transformers, meters, pipes, hydrants or other fixtures or property belonging to the light and water department, or carry away from the waterworks system of the city any water for private use without a written permit from the superintendent shall be in violation of this code.

(Code 1959, 18-404)

During any calendar year, should water and/or electric utility service furnished to users by the city be disconnected by the city at the request of the property owner, reconnection of such utility service shall be subject to the following requirements.

(Ord. 1029)

There shall be no charge for the first owner request to reconnect water and/or electric utility service to the owner’s property provided such service disconnection was performed by the city in accordance with section 15-120 above. Any subsequent request by the owner to reconnect such utility service in the same calendar year shall be subject to a reconnection fee of $25.00 per reconnection.

(Ord. 1029)

City records must evidence that all bills for water and/or electric utility service pertaining to the owner’s property are current before such owner is eligible for reconnection of such utility service.

(Ord. 1029)