CHAPTER XX. UTILITIESCHAPTER XX. UTILITIES\ARTICLE 2. SERVICE CHARGES

(a)   Rate structure

(1)   The following rates are hereby established and fixed for the consumption of water from the city's water system within the city's corporate limits, for utility billings issued after September 1, 2015:

Gallons Used Per Month

First 1,500 gallons, minimum charge

$16.00

Next 15,000 gallons, per 1,000 gallons

3.43

Next 60,000 gallons, per 1,000 gallons

3.19

Next 75,000 gallons, per 1,000 gallons

2.58

All over 151,500 gallons, per 1,000 gallons

2.24

(2)   The following rates are hereby established and fixed for the consumption of water from the city's water system within the city's corporate limits, for utility billings issued after December 1, 2015:

Gallons Used Per Month

First 1,500 gallons, minimum charge

$16.00

Next 15,000 gallons, per 1,000 gallons

3.64

Next 60,000 gallons, per 1,000 gallons

3.38

Next 75,000 gallons, per 1,000 gallons

2.73

All over 151,500 gallons, per 1,000 gallons

2.37

(3)   The following rates are hereby established and fixed for the consumption of water from the city's water system within the city's corporate limits, for utility billings issued after December 1, 2016:

Gallons Used Per Month

First 1,500 gallons, minimum charge

$17.00

Next 15,000 gallons, per 1,000 gallons

3.86

Next 60,000 gallons, per 1,000 gallons

3.58

Next 75,000 gallons, per 1,000 gallons

2.89

All over 151,500 gallons, per 1,000 gallons

2.51

(b)   To the consumers of water from the city's water system consumed outside of the corporate limits of the city from the city's water system, all rates shall be 50 percent greater than the rates set out in subsection (a) of this section for the consumers of water from the system within the corporate limits of the city.

(c)   For any part of a month less than 21 days, the charge shall be per day 1/20 of the monthly minimum.

(d)   Effective December 22, 2017, there shall be charged to all consumers of the city’s water system a municipal pool improvement charge in the amount of $2.00 per meter per month, for no more than thirty-six (36) months.

(Ord. No. 2013-3063, § 2, 11-6-2013; Ord. No. 2014-3086, § 2, 11-19-2014; Ord. 2015-3097; 2017-3129)

(a)   All persons whose premises are or shall hereafter be connected to the city's sanitary sewage disposal system (sometimes referred to as "customer") shall pay to the city a monthly sewer service charge for the use of and/or availability of such sanitary sewage disposal system (sewer service charge).

(b)   The monthly sewer service charge for each customer who has received city water service during all of the first two metered months of the year shall be based on water consumption determined as of April 1 of such year according to the following formula: First, there shall be ascertained the aggregate water consumption for such customer as stated in the water bills dated in February and March of the current year, for which average water used is being calculated. Such average water use shall then be divided by two to obtain a monthly average water consumption for the two-month period.

(1)   Based on such monthly average water consumption, the monthly sewer service charge for that customer shall be as follows, for utility billings issued after December 1, 2014:

First 1,500 gallons

$8.78

All over 1,500 gallons, per 1,000 gallons

2.07

(2)   Based on such monthly average water consumption, the monthly sewer service charge for that customer shall be as follows, for utility billings issued after December 1, 2015:

First 1,500 gallons

$9.30

All over 1,500 gallons, per 1,000 gallons

2.19

(3)   Based on such monthly average water consumption, the monthly sewer service charge for that customer shall be as follows, for utility billings issued after December 1, 2016:

First 1,500 gallons

$9.86

All over 1,500 gallons, per 1,000 gallons

2.32

(c)   The sewer service charge for each customer who has not received city water service during all of the first two metered months of a calendar year shall be based on 75 percent of actual water consumption, when ascertained, the same rates for computing the sewer service charge as set out in subsections (b)(1) and (b)(2) of this section shall apply and shall be the monthly sewer charge for that customer until April 1 in the next succeeding year.

(d)   If the premises is located within the corporate limits of the city but has rural water or a well and is connected to city sewer service, then the customer shall be required to purchase and maintain a water meter and shall be charged the same rates as any other customer within the city limits.

(e)   For customers whose premises are situated outside the corporate limits of the city, such customer shall be required to purchase and maintain a water meter, and all rates shall be 50 percent greater than the rates set out in this section for customers within the corporate limits of the city.

(f)   Where the use of water from city water service is such that a portion of all water used is lost by evaporation, irrigation, sprinkling or other cause, or is used in manufactured goods and commodities, and either:

(1)   The person in control provides proof thereof and installs a meter or measuring device approved by the director of public utilities to enable measurement of the amount of water so used or lost; or

(2)   An evaporation loss allowance is established by ordinance which specifies the percentage of all water used that is lost by evaporation;

then no monthly sewer service charge shall be made for that portion of the customer's total water usage so used or lost; except that in no case will the minimum charge be adjusted or reduced.

Direct discharge of sewage or industrial waste to salt or fresh water or to points other than the city sewer system shall not be cause for adjustment or reduction of the sewer service charge.

(g)   An evaporation loss allowance is hereby established for all industrial dry cleaners operating within the city as follows: 20 percent of all water used by an industrial dry cleaner operating within the city shall be presumed to have been lost by evaporation, and no monthly sewer service charge shall be made for that portion of the customer's total water usage so used or lost, except that in no case will the minimum charge be adjusted or reduced.

(h)   Effective December 1, 2014, there shall be charged to all consumers of the city’s water system a wastewater treatment plant improvement sewer service charge in the amount of $10.00 per meter per month.

(Ord. No. 2013-3063, §§ 1, 2, 11-6-2013; Ord. No. 2014-3086, § 2, 11-19-2014)

As an alternative to the rate calculation method set forth in subsection 20-32(b), nonresidential customers, upon written request submitted to the city manager by such customer, may be billed for wastewater service charges based on actual water usage for each monthly billing period.

(Ord. No. 2006-2908, § 1, 4-5-2006)

All amounts due for water, sewer service, landfill utilization charges, and other utility-related fees or charges authorized by ordinance shall be billed monthly. The billing statement shall provide for a date upon which payment is due, which shall be not less than 20 calendar days after the date of mailing of the billing statement, and shall set forth the applicable late payment policies, charges, and fees.

(Ord. No. 2013-3065, §§ 1, 2, 12-18-2013)

(a)   Hearing. If a water bill, sewer service charge, or other utility-related fee or charge authorized by ordinance is not paid on or before the due date, an affected party shall be afforded opportunity for a hearing on the past-due account and any proposed disconnection 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 disconnected the day after the date that the order of disconnection is issued by the hearing officer. Extension of the date of disconnection 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)   Late fee. If a water or sewer service charge or other utility-related fee or charge authorized by ordinance is not paid on or before the date upon which payment is due as stated in the bill, there shall be assessed a late fee equal to ten percent of all unpaid water and sewer charges.

(c)   Delinquency fee. If a water bill or sewer service charge or other utility-related fee or charge authorized by ordinance is not paid on or before the date and time on which final payment is due as stated in the bill, charges not paid by the delinquency date will be added to the next month’s statement and shown on the statement as a previous balance.

(d)   Disconnection and reconnection of service. Service for an account will be disconnected if the account has a previous balance showing on the statement at the time it becomes delinquent. There shall be assessed a delinquency fee of $30.00. The delinquency fee shall be assessed regardless of whether service is disconnected.  Service shall not be reconnected until all charges and fees are paid in full. If payment of a delinquent account and all applicable late fees and delinquency fees is made before disconnection occurs, the city clerk may cancel the disconnection.

(e)   Off-hours reconnection of service. 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.

(f)   Nonresidential exemption from disconnection of service. The city manager may exempt a nonresidential consumer from disconnection of service upon determining that disconnection would be contrary to the public interest.

(Ord. No. 2014-3070, §§ 1, 2, 4-16-2014; Ord. 2016-3109)

If any sewer charge for a premises not receiving city water service is not paid by the 22nd day of the month in which it became due, such charge shall be a lien upon the real estate served by the sewer connection. Such charge may be certified by the city clerk to the county clerk who shall place it upon the tax roll for collection subject to the same penalties and in the same manner as taxes are by law collected.

(Code 1971, § 26-52)

Failure to receive a water or sewer service bill will not be a valid excuse for failure to pay the bill, as each property owner is conclusively presumed to know of the accruing of such bills and charges.

(Code 1971, § 26-54)

A collection fee of $25.00 or 25 percent of the amount due, whichever is greater, shall be added to any utility account that is submitted for collection through the Kansas Setoff Program or any other collection process.

(Ord. No. 2010-2999, § 1, 7-21-2010)