CHAPTER XX. UTILITIESCHAPTER XX. UTILITIES\ARTICLE 5. GAS SERVICE

The rates, rules and regulations hereinafter set forth shall constitute and be considered a part of the contract with every person, company, firm or corporation supplied with gas from the gas system of the city, and every person, company, firm or corporation, hereinafter called the consumer, who accepts and uses gas shall be held to have consented to be bound thereby.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All applications for gas service shall be made in writing on a contract furnished by the city, stating the purpose for which the services are required.

(Ord. No. 2013-3047, § 1, 4-17-2013)

(a)   City natural gas services shall not be extended beyond the city limits of the city, unless required by law or expressly authorized by the governing body upon a finding that: (1) such service extension is not contrary to or is permitted by the laws of the State of Kansas and the ordinances of the city; and (2) that such service extension meets sound financial and economic standards; and (3) that such service extension is compatible with the mission and planning goals of the city.

(b)   Any such natural gas service extension beyond the city limits may at the discretion of the governing body be made contingent upon each affected real estate owner(s) entering into a written agreement with the city which conditions the delivery or extension of natural gas services to the owner’s real estate on consent of the owner(s) to future annexation of the affected real estate, and the consent of the owner(s) to special assessments that may be imposed upon the affected real estate for the purpose of paying the cost of constructing infrastructure for such gas services. The written agreement provided for by this section shall also contain the agreement of the affected real estate owner(s) to comply with all ordinances of the city pertaining to natural gas services.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The city shall install and maintain gas service lines from the laterals or mains to the building wall on the owner’s property to be served with gas. The property owner shall pay the initial costs (labor and material) of the installation of the gas service pipe and thereafter the city shall maintain the service line at the expense of the city. Gas lines located within the building are the sole responsibility of the owner.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The city shall install all gas meters at the building to be served with gas. In instances where it appears to be impractical in the opinion of the director of utilities to place a gas meter at the building, the gas meter will be placed at any other location on the property as in the opinion of the director of utilities is the most practical location. In all instances, meter placement shall be so arranged as to permit access to the same during ordinary business hours by the meter reader for the city. All lines, meter placements and loops shall be constructed in accordance with the standards established by the city. The city shall install all meters and loops necessary to connect the gas service pipe to the building.

(Ord. No. 2013-3047, § 1, 4-17-2013)

(a)   All applications for gas service within the city shall be accompanied by a non-refundable gas meter connection fee of $50.00.

(b)   All applications for gas service outside the city limits shall be accompanied by a non-refundable gas meter connection fee of $100.00.

(c)   At the request of the gas customer, the gas meter connection fee may be paid in two equal installments, one of which shall be made at the time the application for gas connection is made, the second of which may be made when the first monthly billing is received for the gas service.

(Ord. No. 2013-3060, §§ 1, 2, 9-4-2013)

(a)   The charge for any and all gas furnished by the city shall be computed and billed upon the rate of $2.00 per 1,000 cubic feet (mcf).

(b)   The rate established in subsection 20-507(a) shall be increased or decreased in accordance with the monthly fuel cost. The monthly fuel cost shall be applied to all gas consumed. This monthly fuel cost, in dollars and cents per mcf, shall equal all of the costs necessary to supply gas to the city’s customers, including but not limited to transportation costs, service fees, and the average fuel cost, in dollars and cents/mcf, for the most current billing period for which data is available, divided by the mcf usage of all customers for the most current billing period. The month fuel cost adjustment shall be applied to bills rendered during the billing period next beginning after the end of an operating month.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All amounts due for gas service shall be billed monthly. The billing statement shall provide:

(1)   A date upon which payment is due, which shall be not less than 20 calendar days and not more than 22 calendar days after the date of mailing of the billing statement.

(2)   A notice that bills paid after the due date shall be assessed a penalty equal to ten percent of the amount billed.

(3)   The date upon which payment will be delinquent and service will be discontinued, which shall be not less than five calendar days and not more than seven calendar days after the due date.

(4)   A description of the policies and fees applicable to reconnection of service after discontinuance for delinquency.

(5)   A notice of the affected person’s right to request a hearing prior to discontinuance of service.

(Ord. No. 2013-3060, §§ 1, 2, 9-4-2013)

(a)   If a gas bill is not paid on or before the delinquency date, service will be disconnected, and shall not be reconnected until the total amount of all delinquent bills plus a penalty equal to ten percent of all delinquent charges is received. An affected party shall be afforded opportunity for a hearing on the delinquent account and proposed discontinuance of service. Request for hearing must be made to the director of utilities on or before the delinquency date. If a hearing is requested, the hearing will be held at City Hall at 2:00 p.m. on the next business day following the date of the request for hearing, or as soon thereafter as a hearing officer is available. The hearing officer shall be the city manager, the director of utilities, or the city clerk. At such hearing, the customer and the city shall each 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. Formal rules of evidence shall not apply. The hearing officer shall promptly make his or her findings and shall enter his or her order accordingly. Unless otherwise ordered by the hearing officer, utility service shall be discontinued the day after the date that the order of discontinuance is issued by the hearing officer. Extension of the date of discontinuance may be granted for good cause shown. The hearing officer’s order shall be filed by the city clerk, and a copy thereof shall be provided to the customer.

(b)   Before service is reconnected, the consumer shall pay a reconnection fee of $30.00. If the consumer has been charged a reconnection fee for that premises at any time within the previous twelve months, the reconnection fee shall be $100.00. If a consumer requests that reconnection occur at any time other than the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday excluding legal holidays, the consumer shall be charged an additional fee of $30.00.

(Ord. No. 2013-3060, §§ 1, 2, 9-4-2013)

(a)   Consumers shall be held responsible for any damage done to meters on their premises from any cause other than ordinary wear and tear. The city shall keep all meters in repair and proper working condition without cost to the consumer except where the meter is damaged by neglect or fault of the consumer in which case the city shall collect from the consumer the cost of repairing or replacing any meter damaged while supplying a customer’s premises.

(b)   No consumer or other person shall repair or remove any meter or break any seal on a meter, nor tamper with or interfere with the proper registration of any meter, other than persons authorized by the city.

(c)   All meters shall remain the property of the city and may be removed from the property of the consumer, at any time for the purpose of testing and repairing same or upon discontinuance of service.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All gas meters shall be tested and inspected without cost to the consumer as often as deemed sufficient by the director of utilities in order to insure their thorough repair and accurate registration. A consumer may request that a meter be tested. If, upon test by the director of utilities, the meter shall be proved to be accurate or within three percent fast or slow the meter shall be deemed correct and a charge as will be determined by the director of utilities will be made to the customer. When a meter is found to be measuring incorrectly an adjustment shall be made for service during the preceding month but not further.

(Ord. No. 2013-3047, § 1, 4-17-2013)

In case any meter shall stop or for any reason fail to register properly, or upon failure of the city to read any meter, the director of utilities may estimate the monthly bill on the basis of the average monthly quantity consumed during the previous month, or the same month the previous year if available.

(Ord. No. 2013-3047, § 1, 4-17-2013)

On streets not served by gas mains the city may run laterals; provided, that property owners desiring service will guarantee to the city a revenue sufficient to pay interest at six percent on the cost of the extension and the operating cost of the product and service furnished, until the cost of the extension is paid in full.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The property owner shall keep fuel lines and fixtures outside the building in good repair and free from leaks at his/her expense. No claims for damages shall be made against the city on account of the breakage or leaking of any valve or fuel line nor will any allowance be made to any consumer on account of any leaks or waste of gas after passing through the meter.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All plumbing and fittings installed in connection with the gas system of the city, by any individual, firm or corporation must be inspected by the director of utilities or designated representative before the gas is turned on. Within 48 hours after the plumbing connections are made the party making such repairs, additions, alterations or changes in the gas plumbing must report the same to the director of utilities by giving the director of utilities or his designated representative a full report of each job done on a report form furnished by the city stating what work has been done and installation, changes, and improvements made to all service connections within any building within the city, and also a report as to what fixtures have been replaced or repaired therein.

(Ord. No. 2013-3047, § 1, 4-17-2013)

No plumber, consumer or other person shall extend pipes from one property or street number to another one.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The employees or designated representatives of the city shall have free access at any reasonable hour to all parts of any consumer’s premises for the purpose of making inspection and repairs and for reading meters.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The city reserves the right to shut off gas at any time for the purpose of making repairs or for any other reason.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All customers shall give written notice at least two days in advance when they wish service to be discontinued, which notice shall be given to the city clerk.

(Ord. No. 2013-3047, § 1, 4-17-2013)

No person shall remove, obstruct, alter or injure any pipe, connection, valve, box, meter or in any way injure or damage any building, machinery, fixture, or appurtenance of the gas system of the city, or carry off or injure any pipe, tools, fixtures, supplies or apparatus, or other property appertaining to the gas system of the city.

(Ord. No. 2013-3047, § 1, 4-17-2013)

If any person or person shall turn the gas on or cause same to be turned on upon any premises without authority from the director of utilities, he or she shall be deemed guilty of a violation of this article.

(Ord. No. 2013-3047, § 1, 4-17-2013)

No person or persons, firm or corporation shall be permitted to make excavations in any street or alley within the corporate limits of the city for the purpose of laying pipes for gas service without first having secured a permit in writing to do so from the director of public works or the director of utilities except those who have legal right to do so.

(Ord. No. 2013-3060, §§ 1, 2, 9-4-2013)

No person, firm or corporation except the director of utilities or his or her authorized agent, shall turn on the gas into any building which is served by the city with gas.

(Ord. No. 2013-3047, § 1, 4-17-2013)

The director of utilities shall have general charge of the gas system. He or she shall direct the laying of pipes and services in the streets and alleys and public ground, the installation of meters and connections, the making of repairs, and the reading of gas meters.

(Ord. No. 2013-3047, § 1, 4-17-2013)

All gas mains hereafter newly constructed or replaced shall have a diameter of at least one inch. All gas lateral supply lines newly constructed or replaced shall have a diameter of at least one inch.

(Ord. No. 2013-3047, § 1, 4-17-2013)