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

(a)   For purposes of this article, utility services shall include water, electrical, sewer, solid waste (refuse), and any other utility services provided by the City.

(b)   Any person, firm, or corporation desiring a connection for any municipal utility shall apply in writing to the City Clerk, on a form furnished for that purpose, for application for any utility services.  The application shall:

(1)   Contain an exact description including street address of the property to be served

(2)   For water service, state the size of tap required and the size and kind of service pipe to be used

(3)   State the full name of the owner of the premises to be served and all occupants of the premises to be served

(4)   Any other pertinent information required by the City Clerk including full name, date of birth, social security number, closest relative not living in the premises (for contact information), and place of employment 

(5)   List of all adults residing in the premises

(c)   Each application for service shall be accompanied by payment of fees and/or costs as specified in the Mount Hope City Code

(d)   The City of Mount Hope reserves the right to refuse service to any person who has an unpaid utility bill or bad debt with the City.  If the applicant is a tenant and the landlord chooses to keep the utilities in his/her name after the tenant moves in, utility service may be refused or discontinued if the City determines the benefit user residing in the rental property has unpaid debts with the City.  Benefit users may not avoid payment of past services by having utilities put in the landlord’s name, or any other name.  The landlord will not be responsible for any of the tenant’s previous unpaid utility bills or bad debts but will be responsible for any debts occurring while the City utilities are in his/her name. 

(e)   It shall be unlawful for any person or persons to interfere with, tamper, destroy, or force open any meter, faucet, or connection, or in any way whatsoever to destroy, injure, or deface any part of the meter. 

(f)   Any person, firm, or other entity violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in Municipal Court shall be fined an amount not to exceed $500.  Each day’s violation of this article shall constitute a separate offense or violation of this article.

(Code 1994; Ord. 222-2015)

Unless otherwise provided, water, electric, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:107.

(Code 1994)

(a)   If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within 10 days after the delinquency occurs and mailed to the customer at his or her last known address.  A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)   The notice shall state:

(1)   The amount due, plus delinquency charge;

(2)   Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(3)   Notice that the customer has the right to a hearing before the city council;

(c)   Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held following receipt of the request.

(Code 1994)

Following the hearing, if the council shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk.  If the council finds that service should be terminated, an order shall be issued.  The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested.  However, if the order is made at the hearing in the presence of the customer, then no further notice need be given.

(Code 1994)

The City shall cause utility service customers to receive a monthly statement for utility services rendered.  The statements are due upon receipt by the customer. In the event the statement is 30-60 days  delinquent, a late charge of ten percent (10%) will be assessed and added to the utility charges. In addition to the late charge, any statement that is over 60 days delinquent will be assessed  interest at the rate of one percent (1%) per month of the total amount of the utility statement will be assessed and added to the utility charges.

(Ord. 78-2001; Ord. 198-2013)

Service shall be terminated only after the city shall have caused a notice of termination to be sent by U.S. mail, first class, to the customer at the last known address of the customer as shown on the records of the city or the notice of termination may be posted on the premises indicated by the address.  If within 10 days from the mailing or posting of the notice the statement remains unpaid, and no request for a hearing before the city has been received, the city shall terminate the utility services, and no further service shall be furnished by the city to the customer until all billings for the utility service to the premises, interest, late payment charges, if applicable, are paid in full.

(Ord. 89-5-2, Sec. 3)

In the event any customer disputes the amount shown on the statement, they may notify the city clerk of the dispute, and shall thereupon have the right to a hearing before the city council at its first meeting following the notice of termination.  If a hearing is requested, no services shall be terminated prior to the hearing date.  It shall be presumed, in the absence of such notice of dispute or request for hearing, that the customer does not dispute the amount shown on the statement.

(Ord. 89-5-2, Sec. 4)

(a)   At the time of making application for utility service, the property owner or customer shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service.  Receipt thereof shall be issued to each such depositor.

(b)   Cash deposits for the indicated utility services shall be in the following amounts:

(1)   Rental Property:

Electric - $115;

Water - $9;

Service Connection Fee (non-refundable) - $1.

(c)   The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “meter deposit fund.” Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.

(d)   On the third interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor who is owner of the premises wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year.  Interest due and accrued shall not draw interest.

(e)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.

(f)   Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Code 1994)

(a)   The City Clerk/Treasurer is hereby authorized to establish and maintain a petty cash fund for the efficient carrying out of the purpose of which the fund is established, but not to exceed $300.00. This fund is established for the purpose of making change and payment of incidental office expenses incurred by the City. The fund shall be administered by the City Clerk/Treasurer in accordance with regulations providing for such lawful administration.

(b)   A sum of up to, but not exceeding $300.00 is appropriated from the City General Fund to the City Cash Fund for the purposes authorized by this section. The City Clerk/Treasurer is authorized, from time to time, to reimburse the petty cash fund for actual expenses incurred for lawful expenditures.

(Code 1994; Ord. 194-2012)

The petty cash fund shall be deposited in the regular deposit.  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.

(Code 1994)

Prior to reconnection of a utility service disconnected following a delinquency, the customer shall pay to the city the entire balance due and owing to the city prior to reconnection.  The customer shall also pay a charge of $25 for the reconnection of electrical, water or both utility services.

(Ord. 92-1-7, Sec. 2)

Citizen/debtor shall pay any and all charges related to the reasonable costs of collection of any fine/fee/costs of services, as well as any costs/assessments for clean-up of the property for a municipal violation that is the issue herein. This specifically applies to, but is not limited to, charges for water, trash, electricity, property code violation fines, parking tickets, municipal court fines, fees, court costs, interest accrued thereon, and any other debt due and owing to the municipality. The costs of collection include, but are not limited to, court costs, surcharges, attorney fees, and collection agency fee, except that such cost of collection may not include both attorney fees and collection fees.

(Ord. 166-2009; Code 2013; Ord. 234-2017)