CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. GENERAL PROVISIONS

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

(a)   Bill or Billing shall mean the monthly statement which evidences the customer’s money obligation to the city for utility services furnished by the city during the period ending in the previous month.

(b)   City shall mean the City of Attica, Kansas.

(c)   Customer shall mean one or more persons who apply to and agree to pay the city for utility services to any premise.

(d)   Occupant or Tenant shall mean one or more persons who are in possession premises.

(e)   Owner shall mean one or more persons who hold legal title to the premises.

(f)   Person shall mean one or more natural persons, corporations, partnerships, associations, estates, trusts, and other types of organizations and entities, all without limitation, whether individually, singly, severally or jointly.

(g)   Premises shall mean improved real property serviced by or connected to or accessible to utility services.

(h)   Utility Services shall mean electrical service, gas service, water service and/or sanitary sewer service furnished by the city through its delivery systems and accessible to the premises

(Ord. 963; Code 1991; Ord. G-1092-01-10; Code 2015)

The City shall furnish utility services to any premises; provided all of the following requirements have been met:

(a)   A written application [whereby the customer and the property owner, if different than the customer, request(s) that the City furnish utility services to the premises and wherein the customer, the premises, the owner, and the occupant/tenant of the premises and the billing address are identified; and wherein the customer and the property owner, if different than the customer, agree(s) to be jointly and severally liable for payment of utility services, which application is signed and dated by the customer and by the property owner, if different than the customer] has been filed with the City at the Office of the City Clerk.

(b)   The required connection fees and deposits have been paid to the City and all prior or outstanding utility charges or balances owed to the City by the customer, or by the property owner, if different than the customer, have been paid to the City at the Office of the City Clerk.

(c)   A connection order has been issued or delivered by the City Clerk to the City Utility Department.

(d)   A contract for utility service has been signed by both the customer and the property owner, if different than the customer, and filed with the City at the Office of the City Clerk.

The customer shall be responsible for furnishing the City with correct application information and shall remain responsible for keeping the application information current.

The City shall not be liable or responsible for any discontinuance, disconnection, interruption or cessation of any utility services to any r premises due to any acts or events beyond the City’s control, nor shall the City be liable or responsible for any damage caused thereby.

(Ord. 963; Code 1991; G-1068-99-5; Ord. G-1092-01-10; Code 2015)

Bills will be prepared and mailed on or about the 201h day of each month. All bills shall be due and payable to the City, at the office of the City Clerk, on the 1st day of the next month, and must be paid in full by the 10th day of that month.  Bills are delinquent if not paid before the 11th day of the month due.

For purposes of determining whether or not a delinquency exists, a check or draft received in payment for utility service which is returned “not sufficient funds”, “no account” or “refused” and returned without payment  for any cause shall be deemed a non-payment on the utility bill.

(Ord. 963; Code 1991; G-1068-99-5; Ord. G-1092-01-10; Code 2015)

(a) The city may refuse to furnish a particular utility service to any premises, without compliance with the notice and hearing requirements of this article, when requested to do so by the customer in writing.

(b)   The city may refuse to furnish a particular utility service to any premises for any of the following reasons; but must immediately thereafter comply with the notice and hearing requirements of this article:

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

(2)   When the requirements of section 15-102 of this article have not been met;

(3)   When the application contains false, misrepresented or inaccurate information;

(4)   When any employee of the city utility department is denied access to the premises to read meters or to inspect, maintain, repair or replace equipment installed upon the premises;

(5)   When the customer, owner or occupant violates any rule, regulation or ordinance of the city pertaining to utility services, which violation adversely affects the health or safety of persons or property, or the integrity of the utility delivery system;

(6)   When the customer, owner or occupant attempts, causes or  permits unauthorized interference, diversion, theft, tampering,  damage or use  of utility services  or  the  utility  delivery  system  situated  or  delivered  on  or  near  the premises; or

(7)   When the customer has a delinquent bill or delinquent utility account with the •city.

(c)   A delinquent bill for one premises shall not be a reason for refusing to furnish a particular utility service to another premises, except when the customer has a delinquent bill for the one premises and is applying for utility services to another premises, in which case utility services may be refused pursuant to subsection 15-104(b) (7) of this article.

(d)   The city may disconnect a particular utility service to any premises, without compliance with the notice and hearing requirements of this article, for the following reason:

(1)   When requested to do so by the customer in writing when the customer is also the occupant of the premises.

The city may disconnect a particular utility service to any premises, but must immediately thereafter comply with the notice and hearing requirements of this article, for the following reason:

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

(e)   The city may disconnect a particular utility service to any premises, following compliance with the notice and hearing requirements of this article, for any of the following reasons:

(1)   When a bill is delinquent;

(2)   When requested to do so by the customer in writing, when the customer is not the occupant of the premises;

(3)   When the application contains false, misrepresented or inaccurate information;

(4)   When any employee of the city utility department is denied access to the premises to read meters or to inspect, maintain, repair or replace equipment installed upon the premises;

(5)   When the customer, owner or occupant violates any rule, regulation or ordinance of the city pertaining to utility services, which violation adversely affects the health or safety of persons or property, or the integrity of the utility delivery system; or

(6)   When the customer, owner or occupant attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the utility delivery system situated or delivered on or near the premises.

(f)   Any employee of the city utility department is authorized to disconnect a particular utility service to any premises:

(1)   After the city utility department has received a disconnection order issued by the city clerk, with respect to the reason under subsection (d) (1) of this section;

(2)   After the city utility department has received a disconnection order issued by the person or persons conducting the hearing, with respect to the reasons under subsection (e) of this section; or

(3)   Without a disconnection order, with respect to the dangerous condition reason under subsection (d) (2) of this section; provided however that the city must immediately thereafter comply with the notice and hearing requirements of this article, and provided further, that the particular utility service disconnected without order shall be reconnected as soon as the dangerous condition has passed or has been corrected or alleviated.

(Ord. G-984-86-2; Ord. 963; Code 1991)

(a)   The notice of utility service refusal shall be issued in writing by the city clerk immediately with respect to any of the reasons in subsection 15-104(b) of this article.

(b)   The notice of utility service disconnection shall be issued in writing by the city clerk:

(1)   On the 11th day of the month with respect to any delinquent bill (section 15-104(e) (1) of this article); and

(2)   Immediately with respect to any of the other reasons in subsection 15-104(e) of this article, or with respect to a dangerous condition disconnection (subsections 15-104(d) (2) and 15-104(1) (3) of this article).

(c)   The notice shall be served either/or on the customer, the owner and the occupant, in whatever combination is necessary to show that all persons identified in the application have been served.

(d)   The notice shall be served by the city clerk causing true and correct copies thereof to be mailed by United States mail, first class postage prepaid, to all persons identified in the application at the last known addresses as shown in the application. A certificate of mailing by the city clerk shall be conclusive proof of service.

(e)   The notice may also be served by:

(1)   An employee of the city utility or police department personally delivering copies to all persons identified in the application who reside within the city; and/or

(2)   By affixing a copy to the door of a building on the premises identified in the application.

(f)   The notice shall contain the following information (as applicable):

(1)   The names and addresses of the customer the owner and the occupant;

(2)   The address and description of the premises;

(3)   The account number, if any;

(4)   The billing address;

(5)   The particular utility service(s) affected;

(6)   The reason(s) for the refusal or disconnection;

(7)   The amount of any delinquent bill plus late charges;

(8)   The date of the refusal or disconnection of the utility service(s);

(9)   A statement of the right to a hearing and to a continuance of the hearing for good cause shown; and

(10) The date of the hearing.

(Ord. G-984-86-2; Ord. 963; Code 1991)

(a)   It shall be the policy of the City to hold a refusal/disconnection hearing with respect to every refusal to provide utility service and with respect to every notice of intention to disconnect utility service. Such hearings shall be scheduled on the date of the next regular meeting of the City’s governing body. Notice of the refusal or intended disconnection and of the hearing shall be served as provided by Section 15-105, Code of the City of Attica, Kansas.

(b)   With respect to any of the reasons in subsection 15-104(b) of this Article, the disconnection shall not occur prior to the date of the scheduled hearing nor shall the disconnection occur less than seven (7) days after the date of the notice, whichever date is later.

(c)   With respect to a dangerous-condition disconnection [Sections 15-104(c)(2) and 15-104 (f) (3) of this Article], any customer, owner or occupant identified within the application shall have a right to a disconnection hearing on the date of the next regular meeting of the City’s governing body and, if no regular meeting of the City’s governing body is scheduled within seven (7) days of the date of such disconnection, shall have a right to request advancement of the disconnection hearing on a date to be set by the Clerk not more than seven (7) days following such disconnection.

(d)   Advancement as a matter of right or continuance of hearing for good cause shown. Advancement of hearing, as allowed by Subsection 15-106(c), may be requested as a matter of right as hereafter provided. Any customer, owner or occupant shall have the right to have a scheduled hearing continued once for a period of not more than one (1) week to obtain the attendance of witnesses or for other good cause shown, as hereafter provided. Continuances shall only be granted for good cause shown. Requests for advancement must be in writing; signed by a customer, owner or occupant; and must be delivered to the Clerk not less than seventy-two (72) hours prior to the hearing as previously scheduled by the Clerk. Requests for continuance must be in writing; signed by a customer, owner, or occupant; and must be delivered to the City Clerk not less than twenty-four (24) hours prior to the hearing as previously scheduled by the Clerk.

(e)   Any customer, owner or occupant who has been provided notice of hearing or who has requested advancement or continuance of a hearing and who does not attend the hearing, as scheduled, continued, or advanced, either personally or by counsel, shall be deemed to have waived their right to hearing unless absent due to documented medical emergency or like cause. Customers, owners, and occupants may appear only personally or by counsel, with such additional witnesses or attendees as they choose, but may not appear by spouse, neighbor, friend, or other representative unless such other representative shall have written power of attorney, executed according to law, authorizing such representative to act on the customer’s, owner’s or occupant’s behalf and acknowledging that the customer, owner or occupant agrees to be bound by the decision at such hearing.

(f)   At the hearing, those persons identified in the application and the City shall have the right to present evidence pertinent to the issues, to be represented by counsel, and to examine and cross examine witnesses; however, formal rules of evidence shall not be followed or required.

(g)   The hearing shall be conducted by the governing body; by designated members of the governing body; or by a person or panel appointed by the governing body.

(h)   Hearings shall be conducted in an orderly manner, but no formal rules of evidence or procedure shall be required.

(i)    In determining the issues, consideration shall be given to; but not limited to, the following factors: the reason(s) for refusal or disconnection; the health, well-being, medical condition, age or disability of the occupant; any unforeseen financial hardships of the customer; and the weather.

(j)    At the conclusion of the hearing, a written order (together with the reasons therefor) shall be issued and filed with the City Clerk.

(k)   In addition to the reasons for the decision, the order shall state (as applicable) that:

(l)    The refusal to connect the particular utility service(s) is upheld; or

(2)   The particular utility service(s) shall be connected on or before a date certain; or

(3)   The particular utility service(s) shall not be disconnected; or

(4)   The particular utility service(s) shall be disconnected on a date certain which shall be the date that the order is issued, unless an extension of the date of disconnection is granted.

(l)    The City Clerk shall deliver a copy of the order to the City Utility Department, and shall cause copies of the order to be served in the same manner as provided in Section 15-105 of this Article.

(Ord. 963; Ord. G-984-86-2; Code 1991; Ord. G-1068-99-5; Code 2015)

The customer, the owner and the occupant shall be jointly liable for the payment of the bills plus any late charges, interest and reconnection fees.

(Ord. 963; Code 1991)

Any delinquent bill, plus any late charge, interest and reconnection fees, shall constitute a lien upon the premises, and if due and unpaid on the 25th day of the month, shall be certified by the city clerk to the county clerk of Harper County to be placed on the tax rolls for collection against the premises, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Ord. 963; Code 1991)

(a)   All delinquent bills shall be subject to a 10 percent late charge.

(b)   After the 25th day of the month all delinquent bills shall draw interest at the judgment rate.

(c)   A particular utility service disconnected pursuant to any reasons under subsection 15-104 of this article (except subsection 15-104(d)(2) of this article) shall be subject to a reconnection fee. The reconnection fee shall be the same as the connection fee then in effect for the particular utility service.

(d)   Unless otherwise ordered after a hearing, prior to reconnecting the particular utility service(s) disconnected pursuant to reasons under section 15-104 of this article, the entire balance of any delinquent bill plus any late charge, interest and reconnection fee shall be paid in full to the city clerk.

(Ord. 963; Code 1991)

(a)   The city, or its agents, shall install all water, gas, electric and sanitary sewer service hookups.

(b)   For the installation of each newly constructed or upgraded water, gas, electric and sanitary sewer service hookup to any premises, the owner, or the owner’s agent, shall pay the city, at the office of the city clerk:

Water: The actual cost of the materials used by the city in the installation of the hookup from the city’s water service delivery system through the meter, but not less than the following minimum fees:

(1)   5/8 inch meter size hookup - $75;

(2)   3/4 inch meter size hookup - $90;

(3)   1 inch meter size hookup - $125; and

(4)   Greater than 1 inch meter size hookup - actual cost.

Electric: The actual cost of the materials used by the city in the installation of the hookup from the city’s electrical service delivery system through the meter (with no set minimum).

Gas: The actual cost of the materials used by the city in the installation of the hookup from the city’s gas service delivery system through the meter, but not less than a minimum fee of $75.

Sanitary Sewer: The actual cost of the materials used by the city in the installation of the hookup tap at the sewer main, but not less than a minimum fee of $75.

(c)   The city superintendent shall keep a list of the current costs of water, electric, gas, and sanitary sewer service hookup materials and shall furnish the city clerk with copies thereof to be made available to the public upon request.

(Ord. 964; Ord. 965; Ord. 966; Ord. 967; Code 1991)

The city shall make all connections or reconnections of all utility services to any premises. Before the connection or reconnection of a particular utility service from the city’s utility service delivery systems to any premises, the customer, or the customer’s agent, shall pay the city, at the office of the city clerk, for actual costs of connection or reconnection, but not less than the following minimum fees:

(a)   $20.00 for each electrical, $10.00 for each water, or $20.00 for each gas connection or reconnection made during regular working hours (8:00 a.m. to 2:00 p.m.)

(b)   $30.00 for connection or reconnection made before or after regular working hours.

(c)   Reconnection fees will double after the second reconnection within 12 months to the same premises due to termination of service for nonpayment.

(Ord. 963; Code 1991; Ord. G-1092-01-10; Ord. G-1192-12-15; Code 2015)

(a)   Before any particular utility service is furnished to any residential premises, the customer, or the customer’s agent, shall pay the city at the office of the city clerk, the following minimum deposits:

(1)   $115 for electrical service

(2)   $115 for gas service

(3)   $70 for water service

(4)   Or two acceptable letters of credit from the customer’s two previous utility companies.

A higher deposit may be required, if justified by the customer’s credit history or the premises average billing over the past 12 month period.

(b)   Deposits shall be kept in separate accounts showing date received, customer’s name and amount, and shall draw interest at the rate established by the KCC pursuant to K.S.A. 12-822.  After five years continuous service, all or part of the deposit plus interest may be returned to the customer and.no deposit on new residential premises need be required from the customer, if justified by the customer’s credit history.

(c)   If service is terminated for nonpayment of a bill, any cash deposit will be applied to the outstanding balance and a cash deposit will be required before service is re-established.

(d)   A separate deposit is required for each premise and cannot be transferred from one premise to another if a balance is owed and service is continued at the first premise.

(Ord. 963; Code 1991; Ord. G-1087-01-5; Ord. G-1092-01-10; Code 2015)

(a)   Before any particular utility service is furnished to any commercial or business premises, the customer or the customer’s agent, shall pay the City, at the office of the City Clerk, the following deposit:

(1)   $300 cash

(2)   Or two acceptable letters of credit from the customer’s previous utility companies.

(b)   Deposits shall be kept in separate accounts showing date received, customer’s name and amount, and shall draw interest at the rate established by the KCC pursuant to K.S.A. 12-822. After five years continuous service, all or part of the deposit plus interest may be returned to the customer if justified by the customer’s credit history.

(c)   If service is terminated for nonpayment of a bill, any cash deposit will be applied to the outstanding balance and a cash deposit will be required before service is re-established.

(d)   A separate deposit is required for each premise and cannot be transferred from one premise to another if a balance is owed and service is continued at the first premise

(Ord. G-999-91-2; Ord. G-1092-01-10; Code 2015)