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

(Code 2019)

Utility service billings are due no later than 11:59 PM by the fifteenth (15th) day of each month. Bills unpaid by 11:59 PM by the fifteenth (15th) day of each month will be considered delinquent and a late charge of five ($5.00) dollars will be added to each bill.

(Code 2019; Ord. 20-09)

On or about the next business day after the fifteenth (15th) day of the month, the City will issue-disconnection notices to all delinquent utility service accounts. The disconnection date will be on or after the last Wednesday of each month. Failure to pay billing in full no later than 11:59 PM by the Tuesday before the last Wednesday of the month will result in disconnection of utility services. After this time, utilities will only be reinstated after billing, penalty, and all service charges are paid in full, unless an extension is granted under 7-106.

(Code 2019; Ord. 20-09)

Customers that have defaulted on payment of utility services as stated in 7-103, 7-108, and 7-109 will be subject to immediate disconnection of services. Orders of disconnection will be issued after said deadlines. Once the orders of disconnection have been processed, the customer will be responsible for a collection fee even if service has not yet been disconnected. Collection fees will be based on the following scale:

(a)   The collection fee for the times between 8:00 a.m. and 5:00 p.m. during normal business days will be twenty-five ($25.00) dollars.

(b)   The service fee for any other times other than listed in sub-section (a) above will be fifty ($50.00) dollars.

(Code 2019; Ord. 20-09)

Adjustments to water charges for usage attributable to ruptured water lines shall be considered by the City office on a case by case basis upon a written request by the customer and subject to the following conditions:

(a)   Adjustments to water charges shall only be considered for unforeseen water line breaks and the confirmation of repair by the City’s Public Works Director. This does not include leaky faucets, toilets, any unattended faucets, or usage caused by carelessness or neglect.

(b)   Adjustments to water charges will not be considered unless monthly usage is greater than 25,000 gallons.

(c)   The method of adjustment will be as follows: The month with the adjusted and reported water leak will be replaced by using the current customer’s last 6 months of water usage added together and divided by 6.

(d)   Adjustments to water charges will be limited to one (1) adjustment per calendar year unless otherwise approved by the City Council.

(Code 2019)

Extensions for the payment of delinquent utility bills shall be considered by the City Office on a case by case basis upon written request by the customer and subject to the following conditions;

(a)   A request for extension of services must be submitted in writing to the City Office.

(b)   One third (1/3) of the total of any utility bill shall be paid upon request for extension including any penalties and collection fees. The remaining balance will be broken into no more than six (6) equal monthly installments beginning with the following month’s utility billing.

(c)   All monthly extension installment payments, plus and along with, each continuing current monthly utility bill shall be paid in full by 11:59 PM on or before the fifteenth (15th) day of each month as stated in 7-102.

(d)   Customers shall not be eligible for an extension unless all prior extensions have been paid in full and at least ninety (90) days have elapsed since the previous extension was granted.

(e)   No extensions shall be granted on a final bill.

(f)   Failure to comply with any of the terms of the extension as set forth herein will result in immediate termination of service without further notice to the customer.

(g)   The City reserves the right to reject any extensions. Rejection of an extension will result in immediate termination of services.

(h)   Upon voluntary or involuntary disconnection of utility service to a customer’s account, any reinstatement or request for a new utility service will be denied until any current or previous payment extensions have been paid in full.

(Code 2019; Ord. 20-09)

(a)   Connection fee.

(1)   Every residential customer, whether a tenant or the owner of the property served, shall be charged a non-refundable connection fee of seventy-five ($75.00) dollars when requesting water, sewer, and solid waste utility services, or any combination thereof. The full amount of the connection fee shall be paid to the City prior to any service connection.

(2)   Every customer, other than residential property, shall be charged a nonrefundable connection fee of one-hundred ($100.00) dollars when requesting water, sewer, and solid waste utility services, or any combination thereof. The full amount of the connection fee shall be paid to the City prior to any service connection.

(3)   No connection or reinstatement of utility services shall be made for any customer who has a delinquent balance for prior service(s) at any location(s).

(4)   No connection or reinstatement of utility services shall be made for any customer who has a delinquent balance for existing service at any location unless the delinquent balance is paid in full or otherwise meets the conditions as stated in 7-106.

(5)   Any water, sewer, and solid waste utility services, or any combination thereof, that has been disconnected for more than thirty (30) days will no longer be considered existing but prior and/or previous.

(6)   Connection fees shall not be transferred from one customer to another.

(b)   Transfer fee.

(1)   Every customer, whether a tenant or the owner of the property served, shall be charged a non-refundable transfer fee of twenty-five ($25.00) dollars when requesting the transfer of water, sewer, and solid waste utility services, or any combination thereof. The full amount of the transfer fee shall be paid to the City prior to the change of any services.

(2)   No transfer of utility services shall be made for any customer who has a delinquent balance for existing service at any location unless the delinquent balance is paid in full or otherwise meets the conditions as stated in 7-106.

(3)   A customer’s utility service at a previous location must be closed within thirty (30) days after the requested date of transfer. If a customer’s service at the previous location is still in effect thirty (30) days after the requested date of transfer, the full remaining non-refundable connection fee amount will be assessed to the customer’s new address account.

(4)   Transfer fees shall not be transferred from one customer to another.

(c)   Landlords; owners of rental property; tenants.

(1)   The owner(s) of any and all rental properties shall be required to pay, for each property owned, a non-refundable connection fee of seventy-five ($75.00) dollars if residential, or a non-refundable connection fee of one-hundred ($100.00) dollars if a business, when requesting water, sewer, and solid waste utilities, or any combination thereof. The full amount of the connection fee shall be paid to the City prior to any service connection.

(2)   The City agrees to allow the transfer of service between landlords and tenants when the tenant pays the full non-refundable connection fee of seventy-five ($75.00) dollars if residential as detailed in 7-107(a), the full non-refundable connection fee of one-hundred ($100.00) dollars if a business as detailed in 7-107(a), or the full non-refundable transfer fee of twenty-five ($25.00) dollars if transferring service as detailed in 7-107(b), at the time a tenant requests water, sewer, and solid waste utilities, or any combination thereof.

(d)   Returning of existing deposits

(1)   All existing utility deposits associated with active accounts on record will be returned to the user through monthly utility billing statement credits at the City’s earliest convenience. All existing utility deposits associated with inactive utility accounts will be refunded by check at the City’s earliest convenience.

(Code 2019; Ord. 20-09)

If any person, except the United States or the State of Kansas, fails to pay the fees or charges for such utility services(s), utility service may be terminated as provided in this article. The City may refuse the delivery of utility service(s), as permitted by law, until the fees and charges are paid in full.

If 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 may constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges may be certified by the City Clerk 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.

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

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.

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.

(Code 2019; Ord. 20-09)

All insufficient funds received by the City of Plainville will be considered nonpayment of services and result in the immediate disconnection of services upon the completed transaction of reimbursement to the financial institution from the City. The customer will be responsible for all fees and penalties, and an insufficient fund collection fee of $25.00. The City of Plainville will only accept cash, certified check or money order from any customer having insufficient funds within any one-year period.

(Code 2019)

The City of Plainville does not fall within the rules and regulations of the Kansas Corporation Commission. Therefore, weather, temperature or medical conditions have no bearing on disconnection of services due to nonpayment.

(Code 2019)

A petty cash fund in the amount of $1,250 is established for the use of the city utilities department, for paying postage, freight, temporary labor, and other emergency expenses, including, if necessary, refund of deposits made to secure payment of accounts.

(Code 2019)

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.

(Code 2019)

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.

(Code 2019)

Any person violating any provisions of articles 1, 2, 3, or 4 of Chapter VII shall be deemed guilty of a violation of this code and upon conviction shall be fined in a sum of not more than $500.00 or by imprisonment for not more than 30 days in the county jail or by both such fine and imprisonment, and each day of failure to comply with this article shall constitute a separate offense.

(Code 2019)

(a)   The governing body of the City of Plainville is authorized to enter into contracts or agreements necessary for the collection of delinquent debts owed to the City of Plainville.

(b)   Any person or entity delinquent on any charges, fees, costs, assessments, and/or fines owed to the City of Plainville shall pay any and all charges related to the reasonable costs of collection of said charges, fees, costs, assessments, or fines. This shall apply to, but is not limited to, charges for water, trash, electricity, code violations, parking tickets, municipal court fines, fees, court costs, interest accrued thereon, or any other debt due and owing to the City of Plainville. The costs of collection shall include, but are not limited to, court costs, surcharges, attorney fees, and collection agency fees, except that such costs of collection may not include both attorney fees and collection agency fees.

(Ord. G-18-04; Code 2019)