Article 1. Water Rates, Fees

16.1.1.     Establishing rates by resolution.

City Water Utility Rates will be established by Resolution of the Governing Body. Such Resolution may be either specific to the setting of water rates or part of the City’s Fee Schedule Resolution. Any fees so established are incorporated herein and made a part of this Chapter as though set forth herein.

16.1.2.     Rate classification.

Residential. A residential customer is defined as a single-family or multi-family structure utilized as a residence and not primarily for commercial or industrial activity. Typically, those properties located within residential zoning classes shall be designated residential water customers. Home based business, special uses, conditional uses, and nonconforming uses are some but not all of the justifications for assigning commercial status to a property located within a residential zoning area. Such classifications are made following administrative review, and are based upon the percentage of water being utilized by the account above that utilized for residential purposes.

Commercial customers are defined as any structure whose primary function is commercial or industrial activity. Medical care facilities and schools shall be assigned commercial status regardless of zoning classification.

16.1.3.     Establishing water service; transfer of service.

Application for water service where a connection is in place shall be made at the office of the City Clerk. The application shall be in such form as shall be prescribed by the City Clerk in conformance with this Chapter, and shall include both water and sanitary sewer service.

There is hereby levied a transfer fee as set out in the City’s Fee Resolution for any customer who transfers water service from one location to another within the corporate city limits.

At the time of making application for water service, the customer shall pay the non- refundable service connection fee.

Such water customer shall acknowledge sole responsibility for all utility billings from the City including charges for such water account. Such application may include a co-account holder, such as a spouse, when such co-applicant signs the application agreeing to all of the terms of the provision of water service. Upon initiation of service such water customer(s) shall be the “account holder(s).”

Account holder shall update the account information during the term of the account if/when such information becomes out of date or obsolete. City reserves the right to rely upon the information provided by the account holder within the water service application in addressing any issue associated with such water account, including account notices.

16.1.4.     Duty to maintain current information.

Account holder(s) have a continuing duty to keep current all account information during the term of the account. City reserves the right to rely upon the information provided by the account holder(s) within the water service application, and any subsequently provided information, in addressing any issue associated with such water account, including account notices.

16.1.5.     Water protection fee; clean drinking water fee.

All water customers within the City shall be assessed those fees imposed by the State of Kansas Water Protection Act and the Clean Drinking Water Act. Said fees shall be collected by the City Water Utility in such amount as mandated by the State of Kansas, and remitted to the State of Kansas as provided by Statute.

(K.S.A. 82a-2101(a); K.S.A. 82a-954; Ord. 152)

16.1.6.     Notation on bill.

A separate notation may be made on each customer’s utility bill for the purpose of informing the water customer as to the purpose and amount of each charger or fee assessed.

(Ord. 152)

16.1.7.     Billing cycle; full payment.

Utility bills, including water charges, are generated by the City on the 15th of each month and mailed on the next business day. If the 15th of the month falls on a weekend or holiday, bills are generated on the next business day. Overdue account notices are generated on the first business day after the 10th of the month, and mailed on the subsequent business day.

Payment for water consumed is due upon receipt of the monthly bill by the water customer. Full payment of all outstanding water charges is required each month, which includes the fee assessed for all water used during the billing cycle, any late payment assessed, and any disconnect/reconnect fee.

(Ord. 370)

16.1.8.     Delinquent payments.

Late payment fees shall be applied to all utility bills not paid by the 10th of each month by 5:00 p.m. If the 10th of the month falls on a weekend or City holiday, water customers may deposit their payment in the City drop-off box no later than 8:00 am of the first City business day following the 10th of the month to avoid assessment of a late fee. The City is not responsible for payments delayed in the mail or not received by the deadlines noted above. A late fee is equal to 10% of the overdue amount compounded monthly, and will be included upon the next utility bill generated by the City.

(Ord. 370)

16.1.9.     Service disconnection for nonpayment; reconnection.

Prior to disconnecting water service for non-payment, the City will attempt to additionally notify the account holder of the overdue status of the water account via a “Notice to Stop Service”. Such notice will include a reminder that the account holder must remit full payment or make arrangements for a payment plan to avoid disconnection of service.

Account holders may request notices be sent by text, e-mail, or regular mail as such systems become available. If account holder does not opt-in to text or e-mail notification systems as such become available, all notices will be sent by regular mail. Mailed notice will be deemed complete upon mailing by the City. Failure of account holder to receive mail at the address provided by account holder to the City will not negate notice.

Payment plans must be agreed to in writing by both parties before becoming effective. Any request for extension of time to make payment is a payment plan which must be set forth in writing and signed by both parties. Failure to follow the terms of the approved payment plan will cause the account to go back into overdue status and subject to additional late fees and disconnection of service.

All water accounts that are in overdue status, except those on an approved payment plan, will be placed upon the water service disconnection list. All accounts on the water service disconnection list at 10:00 a.m. on the last Tuesday of each month will be disconnected from water service by the City. Additionally, accounts on the water service disconnection list at 10:00 a.m. will be assessed the water service disconnection/reconnection fee irrespective of whether the utility workers have physically arrived at any or all of the properties upon the water service disconnection list to disconnect such service.

To reconnect water service the account holder shall contact the City Clerk, or designee, to request reconnection of service. Upon payment of all overdue water account charges, late fees, and disconnect/reconnect fees, water service will be reconnected. Water service cannot be reconnected in a vacant structure unless the City can confirm that a valve outside of the structure controls water supply to the structure. If payment for overdue water account charges is not honored, including check, Paypal, credit card, or other form of payment, water service to the account will be immediately disconnected with no additional notice to account holder. Standard disconnect/reconnect charges shall be applied, and overdraft fees.

(Ord. 370)

16.1.10.     Abandonment of service; nonpayment.

If a water service customer moves out of a structure without full payment, the City may place a lien on the property, submit the balance to the Kansas Set-off Program, submit the balance to a collection agency, or take any other action as authorized by law, including prosecution for theft of services.

(Ord. 370)

16.1.11.     Disconnect (shut-off) and reconnection fee.

Service Disconnect/Reconnect Fee. The City shall assess a fee as set forth within the City’s fee schedule for shutting off water service for non-payment of the utility bill. Such fee shall be assessed to all accounts who remain upon the City’s disconnect list at 10:00 a.m. on the last Tuesday of the month, or the following business day, if such final Tuesday is a holiday. Such fee shall be assessed to all accounts notwithstanding that utility workers may or may not have actually completed the property visit necessary to disconnect such water service.

(Ord. 370)

16.1.12.     Payment plan arrangements.

The City Manager, or designee, may approve a payment plan as set forth in writing to allow a water service customer to pay for one month’s water service over an identified period of time. The intent of this authority is to address a one-time emergency situation. The 10% late fee shall not be assessed to outstanding charges included within an approved payment plan, during such time as the water customer is making agreed payments toward the payment plan. Charges incurred subsequent to the payment plan may accrue late fees.

(Ord. 370)

16.1.13.     Absentee water customer.

A water customer who has been absent from the property associated with the water service for more than two (2) consecutive months may request in writing to the City Clerk that the City place the water account on “vacation” status. Base water service costs will be assessed each month upon any water account while in “vacation” status.

(Ord. 370)

16.1.14.     Payments returned for insufficient funds.

An insufficient funds fee as set within the City’s Fee Schedule shall be assessed for each returned check, or any other form of payment which is not honored by the account, including, but not limited to, PayPal accounts, credit cards, and debit cards.

(Ord. 370)