Chapter XV · Utilities

Article 1. General Provisions

Sections 15-101 to 15-139 · 39 sections

15-101 Definition.

As used in this title, the following words and phrases shall be construed as defined unless from the context a different meaning is intended or unless a different meaning is specifically defined:

(a)Customer — means the utility service account holder(s) of record.

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

(c)Utility services — means water service, electric service, refuse service, and sanitary sewer service and any other utility services provided by the city.

(d)Customer service line — means, as follows:

(1)with reference to sewer lines, that portion of the line or pipe between the point of use and where the service line connects with the city’s main line;

(2)with reference to water lines where the meter is located inside of a building, that portion of the line or pipe between the point of use and the city right-of-way line or easement;

(3)with reference to water lines where the meter is located outside a building, that portion of the line or pipe between the point of use and the meter; and

(4)with respect to electric lines, that portion of the electric line between the point of use and the meter, except where ownership is modified by a net metering or parallel generation agreement.

(e)Utility services — means water service, electric service, refuse service, and sanitary sewer service and any other utility services provided by the city.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-102 Emergency power to limit; interruption of service.

The governing body may, in the event of any present or threatened emergency, limit the use of any utility, under such conditions as it may prescribe. The city reserves the right to interrupt any utility service for the purpose of making repairs or extensions to service lines or equipment.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-103 Access to meters, utility equipment.

It is unlawful for any consumer to deny admittance to the premises of such consumer, during reasonable hours, to any employee of the city for the purpose of meter reading, examination of pipes, lines, equipment and connections of the utility services.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-104 Un-metered utility use prohibited; exception.

It is unlawful for any person knowingly and willfully to use or take, or to permit any person to use or take, any water, electricity, sewer, refuse, or any other utility service from the city, which has not been metered or applied for by the person, except water used for firefighting purposes.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-105 Theft of utility services; Tampering with meter; Unauthorized Use

(a)It is unlawful for any person to obtain utility services from the city by deception, threat, coercion, stealth, mechanical tampering or use of false token or device.

(b)It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that the water or power supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the city to turn any curb cock on or off.

(c)It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner.

(d)It shall be unlawful for any person to tamper, alter, or damage any remote meter reading equipment. If equipment is altered or damaged and can no longer be used to remotely read the meter, fees to manually read meters may be levied upon the property owner or persons responsible for damage or alterations. Such manual meter read fees may be set by the Governing Body by separate fee resolution.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018; Ord. 3829)

15-106 Reserved for future use.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-107 Maintenance; customers’ and owners/landlords’ responsibilities.

Customers and owners of leased or rented premises served by city utilities shall keep service pipes, lines, equipment and connections in such condition as to remain operable. In the event such persons shall permit such lack of maintenance, such as leakage, broken service lines, or dangerous or improper use of service, such utility may be discontinued until such deficiencies have been repaired.

(Ord. 3595; Code 2008; Ord. 3744; Code 2018)

15-108 Unauthorized opening of hydrant prohibited.

It is unlawful for any person other than a member of the water department or the fire department of the city, to open any fire hydrant within the city.

(Code 2008; Ord. 3744; Code 2018)

15-109 Disconnection for misuse.

Any utility service which is misused under this Chapter may be disconnected.

(Code 2008; Ord. 3744; Code 2018)

15-110 Violation; penalty.

Any person who shall violate any of the provisions of this Chapter shall, upon conviction thereof, be fined in any sum not to exceed $500.00, in addition to any restitution ordered by the court.

(Code 2008; Ord. 3744; Code 2018)

15-111 Reserved for future use.

(Code 2008; Ord. 3744; Code 2018)

15-112 Reserved for future use.

(Code 2008; Ord. 3744; Code 2018)

15-113 Reserved for future use.

(Ord. 3744; Code 2018)

15-114 Reserved for future use.

(Ord. 3744; Code 2018)

15-115 Application for utility services required.

Every person requesting utility services from the city shall make an application for service to the city. If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.

(Ord. 3744; Code 2018)

15-116 Administration; Regulations.

(a)The city manager or his or her designee is authorized to establish through written policy such rules and regulations as will efficiently accomplish the billing and collection of payments for water, electric, refuse and sewer, or other utility service furnished consumers;

(b)The governing body of the city shall have at all times the right to direct amendment, deletion or addition to any such rules and regulations;

(c)Such rules and regulations shall be available and furnished to consumers on request in the utility business office.

(Ord. 3744; Code 2018)

15-117 Payments; When due.

Any billing for utility services shall be due, payable, received and paid in full by the due date listed in the billing notice, which shall be established by city rules or regulations. Cash payment may be required. All delinquent bills must be paid prior to transferring service to another location.

(Ord. 3744; Code 2018)

15-118 Reserved for future use.

(Ord. 3744; Code 2018)

15-119 Reserved for future use.

(Ord. 3744; Code 2018)

15-120 Delinquent notice; hearing and termination.

(a)When any utility account shall become delinquent as herein provided, the utility office shall cause a written notice of such to be mailed by regular mail to the customer’s current mailing address, stating:

(1)The amount due on the unpaid balance;

(2)Notice that service will be terminated if the account is not fully paid within 10 days thereafter;

(3)If service is terminated, service will not be reinstated without payment of the account in full, payment of any applicable administrative fee, payment of collection charges and furnishing of an adequate utility deposit as established by the city’s fee resolution or the city’s rules and regulations.

(Ord. 3744; Code 2018; Ord. 3843)

15-121 Discontinuance of utility service.

(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 the city manager or his or her designee that the continuance of a particular utility service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or property on or near the customer’s premises;

(3)When the customer refuses to grant employees of the city utility department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement;

(4)When the customer violates any rule, regulation or ordinance of the city pertaining to utility services which adversely affects the safety of the customer or other persons, or the integrity of the city’s utility services delivery system; and

(5)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.

(b)The city may discontinue or refuse a particular utility service to any customer for any of the following reasons; provided, notice to the customer is given:

(1)Nonpayment of utility bills and charges; and

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

(Ord. 3744; Code 2018; Ord. 3843)

15-122 Suspension of discontinuance of utility service during inclement weather.

(a)From November 1st through March 31st the city’s normal policy for disconnection of utilities for non-payment is modified as follows:

(1)If temperatures are forecast to fall below 35 degrees during the next 48 hours, the City of Osawatomie will suspend residential electric service disconnections.

(2)The city, following a cold weather suspension, will not resume service disconnection activities until there is a forecast of temperatures above 35 degrees for 48 continuous hours.

(3)Nothing in this policy shall prohibit the City from disconnecting or terminating water service, or other non-electric utility services, in accordance with its policies during this time period.

(Ord. 3744; Code 2018; Ord. 3843)

15-123 Reserved for future use.

(Ord. 3744; Code 2018)

15-124 Reserved for future use.

(Ord. 3744; Code 2018)

15-125 Utility account responsibility.

(a)All charges for utility services shall be the responsibility of the applicants or persons in whose name the account is carried by the utility office. In addition, any adult person residing at the location receiving the utility service shall be equally responsible for payment.

(b)If at the time of application for utility service the customer has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.

(c)If utility service is furnished to leased 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 service furnished.

(d)In the event any person, partnership, corporation or business occupying the real property and having a legal, equitable or purchase option interest therein shall neglect, fail or refuse to pay the utility billing and delinquency charges due the city within 15 days following notice of discontinuance, such billings and charges shall constitute a lien upon the real property served by the connection to the utility service, and shall be certified by the city clerk to the County Clerk of Miami County, Kansas, to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(e)The lien, described in subsection (d) of this section, shall not attach to property for unpaid utility fees or charges when the utility services have been contracted for by a tenant and not by the landlord or owner of the property to which the utility service is provided.

(Ord. 3744; Code 2018)

15-126 Service fees and charges.

The city may establish such service fees and charges necessary to effectively operate the city’s utility services. Such fees may include, but are not limited to: late fees, penalties and interest, service disconnection charges, reconnection charges, and service transfer fees. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and any applicable services fees established by the governing body in the city’s fee resolution.

(Ord. 3744; Code 2018)

15-127 Reconnection; Payment requirements.

In the event of termination of utility services as provided in this chapter, no customer so terminated shall be reinstated or reconnected as a utility customer of the city until:

(a)Any unpaid accounts attributable to the customer shall have been paid in full; and

(b)All applicable administrative or service fees, such as delinquency fees or penalties and interest, as established in the City’s fee resolution are paid in full; and

(c)A paid a deposit has been provided as provided in this article.

(Ord. 3744; Code 2018)

15-128 New applicant; Payment requirements.

Any new applicant for sewer, water and electric utility service to a dwelling or residence shall pay to the utilities office of the city, prior to the furnishing of any such service to such location, the following fees as established in the City’s fee resolution:

(a)A refundable deposit fee, in accordance with this article;

(b)a service initiation fee for each such service requested; and

(c)any other such utility administration fees as included in the fee resolution.

(Ord. 3744; Code 2018)

15-129 Reserved for future use.

(Ord. 3744; Code 2018)

15-130 Utility security deposits.

(a)The city will establish through its fee resolution and written policy the standard deposit amount for each type of city account, such as residential, commercial or other categories of accounts.

(b)The city may establish a higher utility deposit for those applicants that have a prior record of utility turn-offs by the city. The criteria for the higher deposit and the amounts shall be established in the city’s written policy regarding utility billing rules and procedures. In no case shall the deposit(s) exceed an amount equal to the expected average bill for a three-month period for such utility service.

(c)The city may also establish written rules to establish the following for applicants or previous customers with accounts in good standing with the city:

(1)a reduced deposit for those accounts that establish automated bank draft for the payment of services; and

(2)the waiver of a deposit for previous customers who had an account in good standing and with a good payment record.

(Ord. 3744; Code 2018)

15-131 Utility security deposits; use.

Deposits collected pursuant to this article shall be governed by the provisions of K.S.A. 12-822 as amended. In the event of nonpayment of the account for which any deposit is made, such deposit and interest accrued thereon shall be applied by the city clerk to payment of such unpaid account. If there shall remain any surplus of such deposit, the same shall be returned to the customer. The city will not refund amounts of $5.00 (USD) or less unless the customer requests such a refund in writing.

(Ord. 3744; Code 2018; Ord. 3843)

15-132 Utility security deposits; records; interest; refunds after 24 months; conditions.

The utility office shall keep records of all utility security deposits. Existing customer deposits and all deposits hereafter made pursuant to this title, together with any accrued interest thereon as provided by law, shall be refunded to the depositor when it shall have been determined by the utility office manager that such utility customer has established an experience of payment of billings on the account by the timely and full payment of accounts, when due, for a prior period of 24 full, consecutive months. In the event a subsequent utility bill is not paid when due, the city may require a new security deposit.

(Ord. 3744; Code 2018; Ord. 3843)

15-133 Utility security deposits; refund upon termination of service.

All utility security deposits held by the city shall be refunded upon termination of service and payment for utility services furnished by the city, together with surrender of the receipt covering such deposit. In the event the receipt has been lost or destroyed, the utility office manager may require other sufficient evidence of the entitlement of claimant to any such deposit.

(Ord. 3744; Code 2018)

15-134 Unclaimed deposits; Notice; Disposition.

Deposits received from customers under the provisions of this title as security for payment of utility bills, together with interest accrued thereon, and which remain on deposit for a period of 3 years or more after discontinuance of service to said customers shall be disposed of as provided by Kansas Statutes Annotated 12-822 and any amendments thereto. The city will not refund amounts of $5.00 (USD) or less unless the customer requests such refund in writing.

(Ord. 3744; Code 2018; Ord. 3843)

15-135 Deposit; Required after refund when terminated.

In the event a utility customer shall have previously received a deposit refund as provided in this article and shall subsequently have service to that account terminated as herein provided, utility services of the city shall not be reinstated until and unless a new deposit shall have been made by such customer as herein provided and required of all new utility customers.

(Ord. 3744; Code 2018)

15-136 Reserved for future use.

(Ord. 3744; Code 2018)

15-137 Petty cash fund.

A petty cash fund in the amount of $2,000 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts.

(Ord. 3744; Code 2018; Ord. 3843)

15-138 Same; deposits.

The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the city clerk by check which shall state clearly the purpose for which issued.

(Ord. 3744; Code 2018)

15-139 Same; vouchers.

Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount.

(Ord. 3744; Code 2018)