CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. WATER/SEWER

The furnishing of water/sewer services to customers by the City of Satanta through its waterworks systems shall be governed by the regulations set forth in this article. The City does not guarantee the delivery of water or the maintaining of any specific water pressure through any of its mains and connecting services at any time except only when its mains, pumping machinery and power service connection are in good working order and the supply of water is sufficient for the usual demand of its customers.

(Ord. 273; Ord. 335; Code 2017)

Water/sewer service shall be made available only after the consumer has made application to the Satanta City Clerk and has made the required cash non-refundable $60.00 connection fee.

(Ord. 249; Ord. 335; Code 2017)

(a)   Water: The City shall be responsible for all costs of excavation, installation, maintenance and repair of water service lines from the city main line to the customer’s property line, within the city. The customer shall be responsible for all costs of excavation, installation, maintenance and repair of water service line from the customer’s property line to the customer’s structure, within the city.

(b)   Sewer: The customer shall be responsible for all costs of excavation, installation of newly constructed sewer lines from the City’s main sewer line to the customer’s property, and to the customer’s structure. The customer shall be responsible for all costs of maintenance and repair of the customer’s existing sewer line from the City’s main sewer line to the customer’s property and customer’s structure, with the exception of the cost of cutting and resurfacing of City streets or alleys, which shall be paid by the City.

(c)   Water/Sewer outside City Limits: There shall be no new water/sewer service lines installed or maintained by the City or water/sewer service provided or sold by the City of Satanta to real property, which is not within the City limits of the City of Satanta, Kansas.

(Ord. 273; Ord. 335; Code 2017)

The City reserves the right to interrupt water/sewer service for the purpose of making repairs or extensions to water/sewer lines or equipment. The city will endeavor, insofar as possible, to notify customers affected, of the intention to interrupt service. Failure to give such notice of the interruption of service shall not give rise to any claim on the part of any customer against the City.

(Ord. 273; Ord. 335; Code 2017)

Authorized employees of the City may enter upon any premises of customers at reasonable hours for the purpose of reading the meter and servicing or inspecting meters and/or water/sewer lines.

(Ord. 273; Ord. 335; Code 2017)

In the event the water/sewer service has been terminated by reason of non-payment of a regular service billing; prior to the reinstatement of a regular water/sewer service, the customer shall pay a $50.00 reconnection fee paid to the Satanta City Clerk. All bills not timely paid shall incur a 10% penalty fee.

(Ord. 210; Ord. 249; Ord. 271; Ord. 273; Ord. 335; Code 2017)

All billings for sewer/water service shall be due and payable at the office of the City Clerk on the 15th day of the month, and if not paid in full by the 15th day of the month, are deemed to be delinquent, and service may then be terminated in fifteen (15) days, pursuant to notice, as provided herein.

(Ord. 210; Ord. 245; Ord. 273; Ord. 335; Code 2017)

(a)   General welfare. The City may discontinue or refuse water/sewer service to any customer without notice or hearing when it is determined by the city utility department, fire department or police department that the continuation of service constitutes a dangerous condition presenting a likely threat to health or safety of persons or property on or near the customer’s premises.

(b)   An Account Delinquency and Service Discontinuance Notice may be issued in writing after the due date. Notice shall be sent by U.S. Mail with request for Certificate of Mailing to the customer at the last known address of the customer as shown on the records of the City or issued by personal service upon the customer by a designated city employee or by any city law enforcement officer; or by posting the written notice upon a door of the building upon the property serviced. Notice to the name of record on the account at the City Clerk’s Office is deemed proper notice given. The Notice shall be substantially in the following form, with the correct information inserted:

 

NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONTINUANCE

NOTICE DATE:                                  

TO: (Name)                                         

(ADDRESS)

Your city sewer/water bill plus any late penalty charges in the total amount of $_________, which was due on _________ ___, 20_ remains unpaid and is now delinquent. You are hereby notified that the City intends to terminate your service on the __ day of ____________, 20___, at __ o’clock, __ .m., unless you pay the amount due, as above stated, in full on or before said termination date. You have the right to request a hearing to show good cause why your utility service should not be terminated, if you file with the City Clerk a written request for hearing with five (5) days of the NOTICE DATE stated above. The hearing will be held by the Water Commissioner or his designee, on or before the 15th day from the NOTICE DATE.

(Ord. 245; Ord. 273; Ord. 335; Code 2017)

The following monthly charges shall be made to each service connection served by the City of Satanta for water from the city water works system:

(a)   “In City” rate:

(1)   The Base Rate is $11.00 for the first 5,000 gallons or fraction thereof for each month.

(2)   An additional $0.65 for each 1,000 gallons or fraction thereof above the first 5,000 gallons up to 15,000 gallons per month.

(3)   An additional $0.75 for each 1,000 gallons or fraction thereof above 15,000 gallons up to 25,000 gallons per month.

(4)   An additional $0.95 for each 1,000 gallons or fraction thereof above 25,000 gallons up to 50,000 gallons per month

(5)   An additional $1.05 for each 1,000 gallons or fraction thereof above 50,000 gallons per month.

(b)   “Out of City’’ rate to existing out of City customers connected to City prior to March 6, 2002 (No new customers after March 6, 2002) shall be 1.5 times the amount for “In City” rate as listed in subsection (a).

(Ord. 245; Ord. 271; Ord. 273; Ord. 335; Ord. 370; Code 2017)

The rate and charge made and collected by the city for all water distributed and delivered to mobile tanks from the City water loading dock shall be six dollars ($6.00) per one thousand (1,000) gallons.

(Ord. 273; Ord. 335; Ord. 377; Code 2017)

Sewer rates shall be based upon the volume of water each user shall obtain from the city water system each month. Each water meter shall be deemed to designate a separate user and will be billed at least the minimum fee.

Monthly user fees shall be as follows:

(a)   “In City” rate:

(1)   $14.00 per month up to the first 50,000 gallons,

(2)   $16.00 per month for use of between 50,001 gallons to 100,000 gallons,

(3)   $29.00 per month for use of between 100,001 gallons to 200,000 gallons,

(4)   $39.00 per month for use of between 200,001 gallons to 300,000 gallons,

(5)   $49.99 per month for use over 300,001 gallons.

(b)   “Out of City” rate to existing out of City customers connected to City prior to March 6, 2002 (No new Out of City customers after March 6, 2002) shall be:

(1)   1.5 times the amounts as listed under subsection (a).

(c)   In addition to the rates addressed herein, there shall be an additional $7.00 fee per user as a wastewater capital improvement surcharge.

(Ord. 246; Ord. 273; Ord. 335; Ord. 370; Code 2017; Ord. 391)

The cost of new water meters installed by the City shall be paid by the landowner, and the meters shall remain the property of the City but shall remain with the land. Any new water meters provided by the landowners may be installed by the City only after the landowner provides the City with a Certificate of Accuracy and pays a 10% of meter cost installation fee. Said meter shall become the property of the City, and shall remain with the land. No water meters may be removed by landowners. The following charges shall be made for each new water meter connection and meter installed and connected within the city: Two Hundred-Fifty Dollars ($250.00) or the actual costs of materials and installation, whichever is greater.

(Ord. 273; Ord. 335; Code 2017)

(a)   In the event that any person, except the United States or the state of Kansas, shall fail to pay the fees or charges for such utility services(s), utility service shall be terminated as provided in section 15-108. The governing body may refuse the delivery of utility service(s), as permitted by law, until such time as the fees and charges are paid in full.

(b)   In the event that any person, except the United States or the state of Kansas, residing, occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the governing body to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law.

(c)   The lien, described in subsection (b) of this section, shall not attach to property for unpaid utility fees or charges when:

(1)   The utility service(s) have been contracted for by a tenant and not by the landlord or the owner of the property, or the agent of such person, to which the utility service is provided; or,

(2)   The utility services are owed by the United States or the state of Kansas.

(d)   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.

(Code 2017)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the costs 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 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 that 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.

(c)   If utility service is furnished to a leased premises on the application or 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)   The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (b) of 15-106, on real estate of the lessor.

(K.S.A. 12-808c; Code 2017)