(a)   From the date of this section [December 13, 2004] forward, prior to the City of Gas making a new connection for any city utilities, the landowner and required interest holders of the tract of real estate requesting utility connection must agree to and sign a consent to annexation allowing the City of Gas, if it so desires at any time, to annex into the city limits said tract of real estate. City utilities will not be provided unless said landowner signs the consent of annexation.

(b)   Any property outside the city limits that currently is connected to City of Gas utilities on the date of adoption of this section [December 13, 2004] shall not be affected by this section and not be required to sign a consent to annexation for utility service it currently receives. If said property requests an additional city utility that it does not receive as of the date of this section [December 13, 2004] or a material expansion of the city utility in existence, the property owner must agree to sign the consent to annexation to receive the new utility or the expansion of service. If a utility existing on the date of adoption of this section [December 13, 2004] is disconnected, a waiver of annexation shall not be required to reconnect said utility as long as said utility is reconnected within one year from the date of disconnection.

(c)   If a tract of real estate that receives City of Gas utilities as of the date of adoption of this section [December 13, 2004] subdivides into tracts of real estate, the owner or owners of any subdivided tracts of real estate that are not connected to city utilities as of the date of adoption of this section [December 13, 2004] shall be required to sign a consent to annexation prior to connecting to city utilities.

(Ord. 2004-2, Code 1999, 54-1; Code 2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Utility services includes water and sewer services provided by the city.

(Ord. 402-96; Ord. 111-99; Code 1999, 54-31; Code 2016)

Unless otherwise provided, water and sewer utility service shall be terminated for nonpayment of service fees or charges in accordance with Section 15-104.

(Ord. 402-96; Ord. 111-99; Code 1999, 54-32; Code 2016)

If any water bill shall remain unpaid at the close of business on the 24th day of the month following the due date as outlined in Section 15-204 of this code, water service to such consumer shall be disconnected and shall not be reconnected until all past due bills for water service are paid in full, plus the reconnection fee.  In the event the 25th day of the month falls on a weekend or holiday, the shut off deadline shall be at the close of business on the next business day the City is open for business.

(Ord. 402-96; Ord. 111-99; Code 1999, 54-33; Code 2016; Ord. 490-2023)

Following the hearing allowed in Section 15-104(c), if the hearing officer shall find that service should not be terminated, notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service ten days after the date of the order. The customer shall be notified either in person or by mailing a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customers, then no further notice need be given. The hearing officer has a right for good cause, to grant an extension, not to exceed ten days, for the termination of such service.

(Ord. 402-96; Ord. 111-99; Code 1999, 54-34; Code 2016)

(a)   At the time of making application for utility service when an account is placed in a customer’s name or when a customer transfers from one account to another, a nonrefundable account service charge in the amount of $50.00, payable in advance, shall be levied to cover the costs of servicing the new account or transfer request.

(b)   In the event that the utility service shall be disconnected for failure to pay any bill due to the city for such utility and the customer requests reconnection of the utility service after payment of the bill is made as provided herein, then prior to reconnection the customer shall pay a $50.00 nonrefundable reconnection fee if said reconnection is done during the city’s normal business hours  In the event the reconnection takes place at a time other than normal business hours, the customer shall pay a $100.00 nonrefundable reconnection fee.

(Ord. 402-96; Ord. 111-99; Ord. 101-2007; Code 1999, 54-36; Code 2016; Ord. 476-2018)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the cost of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or the lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.

(b)   In the event a delinquency arises involving leased premises, in addition to the tenant, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner’s agent known to city personnel responsible for said mailing, after reasonable inquiry.

(Ord. 111-99; Code 1999, 54-37; Ord. 402-96; Ord. 460-2013; Code 2016)

(a)   Lessors of leased premises served by utility service furnished by the City shall be ultimately liable for payment of the cost of any utility service furnished by the City to such leased premises, whether the service is furnished upon the application and request of the lessor or the lessee of such premises.

(b)   If utility service is furnished by the City to leased premises, upon the application and request of the lessee, then all billings for such service furnished shall be made to the lessee. However, if the cost of such service is not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties as provided by the laws of the City. The lessor shall be notified in writing by first class mail within 10 days after a billing become delinquent.

(c)   If utility service is furnished to lease premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of the service furnished.

(d)   The city may collect the amount of the unpaid bill for utility services by any lawful means. No utility lien shall attach to the property for unpaid utility fees or charges, when the utility service has been contracted for by a lessee and not by the lessor or owner of the property to which such service is provided.

(e)   Nothing provided herein shall prohibit the city from bringing an action in court against the lessor or owner of the property to which utility service is or has been provided to obtain a monetary judgment or prohibits the turning over the debt to a collection agency, including the State of Kansas Setoff Program.

(Ord. 111-99; Code 1999, 54-38; Ord. 402-96; Ord. 460-2013; Code 2016)

Any water customers requesting reconnection of service which has been disconnected for a period of more than 30 days, shall be charged the sum of $25.00. This section shall apply, but not be limited to, seasonal shutoffs for gardens, extended vacations and owners disconnecting for seasonal savings.

(Ord. 101-2001, Code 1999, 54-39; Code 2016)