Chapter XV · Utilities

Article 1. General Provisions

Sections 15-101 to 15-115 · 15 sections

15-101 Definitions.

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

(a)Customer — shall mean the utility service account holder of record.

(b)Person — shall mean natural persons and all corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation.

(c)Utility Services — shall mean sanitary sewer service, refuse service and water service.

(Ord. 195; Code 2018)

15-102 Discontinuance of utility services.

(a)The City may discontinue or refuse a particular utility service to any customer, without notice or hearing, for any of the following reasons:

(1)When the customer so requests.

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

(b)The City may discontinue or refuse a particular utility service to any customer, following compliance with the notice and hearing requirements of Section 15-104, for any of the following reasons:

(1)Non-payment of utility bills and charges as provided in Section 15-104.

(2)When the customer mispresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the city.

(c)The City may discontinue or refuse a particular utility service to any customer, following notice to the customer, for any of the reasons set out in this subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days, following termination or refusal of service. If after such hearing, the hearing officer finds in favor of the customer, the hearing officer may order connection or reconnection of the service at no cost to the customer.

(1)When the customer refuses to grant employees of the City’s utility department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.

(2)When the customer violates any rule, regulation or ordinance of the City pertaining to utility services, which violation adversely affects the safety of the customer or other persons, or the integrity of the City’s utility services delivery system.

(3)When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the utility services’ delivery system situated or delivered on or about the customer’s premises.

(Ord. 195; Code 2018)

15-103 Utility billing dates; delinquency date.

Utility billings shall be mailed on approximately the 1st day of each month for the previous month serviced. All billings for utility services shall be due and payable at the office of the City Clerk on the 1st day of the month and must be paid in full by the 15th day of the month. Failure to make payment before the 16th day of the month shall result in a 10% late fee.

(Ord. 195; Code 2018)

15-104 Reserved.

(Ord. 195; Code 2018)

15-105 Discontinuance of utility services.

City utility departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedure set out in this article. Customers shall remain responsible for furnishing the City with the correct address for billing purpose.

(Ord. 195; Code 2018)

15-106 Landlord liability and deposit requirements.

Owners and occupants of leased premises served by utilities furnished by the City are jointly liable for payment of the cost of any utilities furnished by the City to such premises, whether such utility service is furnished upon the application and request of the owner or the lessee of the premises. The owner of any leased premises, or the owner’s agent if lease is through an agent, shall be notified of the delinquency of the occupant of the leased premises in the same manner as notice is provided to customers pursuant to Section 15-104, at the same time of notice to the lessee-customer. The tenant will be charged a fee at the time of initiating service. This is a nonrefundable fee and is in an amount as set in the Resolution establishing the Rate Schedule for the City of Pretty Prairie, Kansas.

(Ord. 195; Code 2018; Ord. 345)

15-107 Utility fee, late payment charges and reconnection fees.

(a)Utility Fee. Any person making proper application and complying with the requirements set forth will be supplied with water and sewer service by the City. All applications must be in writing and made to the City Clerk by the owner, agent, or tenant of the property to be supplied, and must be accompanied by a $100.00 service fee which is nonrefundable. No application for water service shall be granted unless all previous water, sewer and refuse services have been paid in full.

(b)Late Payment Charges. All bills delinquent after the 15th day of the month of the billing shall be subject to a ten percent penalty.

(c)Disconnection/Reconnection Charges. Prior to reconnecting a utility service disconnected following a delinquency, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection. The customer shall pay a fee for disconnecting and/or reconnecting services according to the following scale per calendar year:

First Reconnection: $25.00

Second Reconnection: $50.00

Third or Subsequent Reconnection: $75.00

Service may not be restored on the same day as scheduled shutoff.

(Ord. 195; Ord. 284; Ord. 328; Code 2018; Ord. 341; Ord. 344)

15-108 New construction.

Customers will be charged a “new construction fee” when requesting establishment of service due to new construction. This fee will be determined in a rate schedule for a standard water utility hook up.

(Ord. 195; Code 2018)

15-109 Reading meters.

Meters shall be installed in a location which will be easy to access and the City shall cause to be read every water meter used in the City at such times as are necessary for bills to be sent out at the proper time.

(Ord. 195; Code 2018)

15-110 Meter lock out policy.

All water service connections will have a securable meter valve where applicable. When discontinuation of service is requested by customer or water purveyor, said service will be locked out and usage read.

(Ord. 195; Code 2018)

15-111 Rates.

All property upon which any building has been or may thereafter be erected having a connection with any mains or pipes which may be hereafter constructed and used in connection with the City water system shall pay such rates as determined from time to time by the City Council. In any event, users of water shall pay to the City of Pretty Prairie, Kansas, a minimum monthly fee, with said monthly minimum charges being determined by the City Council as set in a rate schedule. No water shall be furnished without charge to any person, firm or corporation.

(Ord. 195; Code 2018)

15-112 Service connection outside of city limits.

Application for utility service outside of the City Limits shall be made to the City Council of Pretty Prairie, Kansas. Said application must be approved by the City Council before such service connection is made. Before such approval can be given, applicant must sign a “Waiver of Protest”, agreeing not to sign a protest petition if the City is annexing that area. Any applicant requesting a service connection outside of the City Limits must also pay all costs of service connection with a minimum charge as outlined in Section 15-108 and in addition, it will be the City’s responsibility to maintain the line extending from the City main to the meter, but the user must pay any such cost incurred in said maintenance. A service fee will be required for all users outside the City Limits. The monthly billing rate for actual amount of water used will be doubled for all users outside the City Limits. In the event such a water shortage shall exist, the City reserves the right to discontinue service to all users outside the City Limits.

(Ord. 195; Code 2018)

15-113 Connection/disconnection.

Only city water purveyors and their designated agents can turn on, connect or disconnect or alter water service at the meter. A service fee as determined in a rate schedule will be charged for disconnecting water service for maintenance of service lines inside residence or business. When maintenance is performed between the meter and the residence or business, the shut-off will be done at no charge. In such instances where approval is obtained to connect or disconnect water service at the meter, the customer shall be held responsible for any damages incurred. Unapproved persons who connect, disconnect, or alter, water service connections at the meter will be responsible for any damages Incurred. Violations will be considered an unclassified misdemeanor punishable by a minimum fine of forty dollars ($40;00) for the first offense and a minimum fine of one hundred dollars ($100.00) for the second offense.

(Ord. 195; Code 2018)

15-114 Combined billing.

(a)The governing body hereby finds and determines that it is permitted, pursuant to K.S.A. 10-1208, as amended and supplemented, to combine the billing and collection efforts of the City’s waterworks utility and sanitary sewer utility systems into one billing and collection system for both utility systems.

(b)The governing body hereby finds and determines that the combination of the two-utility billing and collections systems will increase the efficiency of the City’s services to the public.

(c)The governing body hereby directs the City Clerk to combine the billing and collections systems for the two utilities and to establish the necessary funds and fund accounting procedures to implement the combined billing and collection system. The new accounting system shall be known as the “Waterworks and Sanitary Sewer Utility Fund.”

(Ord. 220; Code 2018)

15-115 Lien upon property receiving service.

In the event the owner of any property shall fail to pay the municipal water and/or sewer bills within sixty (60) days following the date upon which it becomes due, the City Clerk shall annually certify such unpaid bills to the County Clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.

(Ord. 338)