CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\Article 1. General Provisions

Definitions, unless the context specifically indicates otherwise the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:

(a)   Business Building means any building being used for any commercial or mercantile activity customarily engaged in as a means of livelihood or profit.

(b)   Customer means any person, firm, business; corporation or governmental unit furnished water by the department.

(c)   Customer’s service line means a supply pipe installed, maintained and owned by the customer extending from the meter setting to the premises served.

(d)   Department service line means a pipe with appurtenances connected to a water main for the purpose of controlling the flow of water and extending from the water main to the inlet side of the meter yoke.

(e)   Master meter means one meter measuring the water furnished to serve two or more premises.

(f)   Meter means a mechanical device which measures and records the quantity of water furnished to a customer.

(g)   Meter setting means a box, vault or tile with covering, containing a meter, meter yoke and connection appurtenance.

(h)   Water main means a water pipe owned by the city located in a public right-of-way or utility easement, to which department service lines may be connected.

(Ord. 346; Code 2018)

For the purpose of the article, a water service unit is hereby defined as any single residence, business building, or property which uses water, either directly or indirectly, from the water system of the City of Thayer, Kansas and where two or more residences, business buildings or properties shall use water from the water system of said city from a common water meter, a separate charge of $6.50 per month or fraction thereof shall be made upon the occupant or user of each such residence, business building or property.

(Ord. 346; Code 2018)

Applications for water service shall be made at the office of the water department by or on behalf of the customer requesting water and water service. The applications shall be in such form as shall be prescribed by the department. Every customer using water from the waterworks system shall be deemed to have consented and agreed to the terms and provisions by the department. Every customer using water from the waterworks system shall be deemed to have consented and agreed to the terms and provisions of this chapter and all reasonable rules and regulations as shall be promulgated by the director of water in implementations of the chapter. In all instances where the director of water shall deem it necessary, customers shall make a $40.00 deposit with the department as a security for service to be furnished that customer.

(Ord. 346; Code 2018)

If an application is for water service to premises not previously served, the following requirements shall be met:

(a)   Meter settings and service lines in areas served by existing water mains. In areas where water mains exist adjacent to property to be served, the applicant, upon submission of information to the department as to the location and nature of the premises, will be provided with information as to the proposed location of the meter setting. If the customer’s service line has been installed prior to the application of service, it shall be the applicant’s responsibility to clearly mark the location thereof. The department shall have sole jurisdiction, however, to determine the location to the department service line, and the feasibility of a connection to the customer’s service line. It shall be the applicant’s responsibility at his own expense to run service to the meter setting and meter shall be placed within public right-of-way or such other locations as determined by the director of water, and will be installed and maintained by the department and kept within its exclusive control.

(b)   Installation and maintenance of customer’s service line. The customer shall be responsible for the maintenance, repair and any leakage in the piping from the meter to place of use.

(c)   Size of meters. The department shall determine the size of the meter to be installed, based upon information furnished by the applicant. Any change in meter size requested by a customer after the initial meter installation shall be granted insofar as is reasonable but the entire cost shall be borne by the customer unless determined otherwise by the director of water. In cases of dispute as to meter size, the department shall have sole jurisdiction.

(d)   Size of department service line. The size of the department service line shall be determined by the department, based upon information furnished by the applicant. Any change in size or location of the department service line after the original installation shall be done at customer’s expense unless determined otherwise by the director of water.

(e)   Connection fees. Outside the city. Prior to the installation of a standard service for customers outside of the city, the applicant shall pay in advance a connection fee of $200.00 plus cost of installatio8n by the department of the standard service line. The fee for the service shall be based upon service installation cost records maintained by the department and shall be an average of all similar size service lines, meter sets and appurtenances.

(Ord. 346; Code 2018)

All water bills shall be paid at the city office. All water bills rendered in accordance with the regular schedule of meter rates are due and payable when rendered and shall be deemed delinquent if not paid on or before the 10th of the month thereafter. On all bills deemed delinquent, interest of 10% per month on the delinquent bill shall be charged. The department is authorized to discontinue and disconnect water service for any customer who shall be delinquent by the 15th of the month and service will be discontinued and a turn on fee of $75.00 will be charged. Customers are responsible for furnishing the department with their correct address for billing purposes.

(Ord. 346; Code 2018; Ord 406)

There will be a $10.00 charge to have your water transferred from one place to another. If the customer turns the water on or off and damage the water meter, they are responsible for the damage. They should notify the water department to have their water turned on or off.

(Ord. 346; Code 2018)

The city council of the City of Thayer, Kansas, retains continuing jurisdiction and authority to change from time to time the schedule of rates and charges the regulations provided in this chapter as such changes shall be determined expedient and necessary.

(Ord. 346; Code 2018)

(a)   A cash deposit for water service within the city limits of the City of Thayer, Kansas shall be in the amount of $60.00.

(b)   In the event that water service shall be disconnected or discontinued for failure to pay any bill due the city for such water service, such cash deposit shall be applied as a credit against the amount due from the customer to the city, and if there shall remain any surplus of such deposit, the same shall be returned to the customer.

(Res. 101083; Ord. 326; Code 2018; Ord. 411)

(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 15-105. 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.

(K.S.A. 12-808c; Code 2018)

(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, 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. If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected water service may be discontinued and no further such service shall be furnished by the city to the premises until all billings for the water service to said premises, interest, late payment charges and a reconnection charge, if applicable is paid in full.

(K.S.A. 12-808c; Ord. 326; Code 2018)

(a)   Lessors of leased premises served by the water service furnished by the city shall be ultimately liable for payment of the cost of any water 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 the water service is furnished by the city to the 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 becomes delinquent.

(c)   If water service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for water 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)   Such charges shall constitute a lien upon the real estate served, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes collectible by law.

(Ord. 326; Code 2018)