Chapter XV · Utilities

Article 1. General Provisions

Sections 15-101 to 15-112 · 12 sections

15-101 Definition.

For the purpose of this article utility services shall include water, electrical, sewer and other utility services provided by the city. Utility service billing is considered delinquent if not paid in full by due date.

(Ord. 1173; Code 2018)

15-102 Date for utility service billing.

Utility service billings shall be due and payable by the 15th day of each month. Bills unpaid by 12:00 p.m. noon of the following business day shall be considered delinquent and a late charge of Ten (10%) percent shall be added to each bill. If the 15th day falls on a weekend or holiday, the next business day will be considered the 15th day for purposes of billing.

(Ord. 1173; Code 2018)

15-103 Notification of delinquent utility bill.

On or about the sixteenth (16th) day of each month, the City will issue a disconnection notice to all delinquent users of City utility services. The disconnection date will be set each month by the City Clerk. This date will be no earlier than the twenty-fifth (25th) of said month and no later than the last day of said month. The disconnection date will not be set for a Friday and must be set at least one day before any City observed holiday. Failure to pay billing in full by 9:00 a.m. of the said day of disconnection date will result in disconnection of said services. After this time, utilities will only be turned on after billing, penalty, and all reconnection charges are paid in full

(Ord. 1173; Ord. 1290; Code 2018; Ord. 1320)

15-104 Extension for payment of delinquent utility bill.

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)An application for extension of services must be submitted by the close of business on the day before the disconnection date.

(b)One third (1/3) of delinquent utility bill shall be paid upon request for extension including any penalties and reconnections fees. The remaining balance will be broken into three (3) equal monthly installments beginning with the following month’s utility billing.

(c)All extension payments and utility bills subsequent to the delinquent bill shall be paid in full on or before the fifteenth (15th) day of each month as stated in section 15-102.

(d)Only two (2) such extensions shall be granted to each customer in a calendar year. 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 shall result in immediate termination of service without further notice to the customer.

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

(Ord. 1173; Ord. 1290; Code 2018; Ord. 1320)

15-105 Disconnection of services due to nonpayment, reconnection fees and reconnect times.

(a)Customers that have defaulted on payment of utility services as stated in 15-103 and 15-104 will be subject to immediate disconnection of services. If a customer has more than one utility account, all accounts will be subject to immediate disconnection if any account is in default. Orders of disconnection will be issued after said deadlines. Once the orders of disconnection have left the City office, the customer will be responsible for a reconnection fee on the following scale:

(1)The reconnection fee for the first occurrence within a twelve (12) month period following a non-payment disconnection will be $15 for water and $15 for electric.

(2)The reconnection fee for the second occurrence within a twelve (12) month period will be $25 for water and $25 for electric.

(3)The reconnection fee for the third and all subsequent occurrences within a twelve (12) month period will be $50 for water and $50 for electric.

(b)If a customer, who is not the property owner, is disconnected for non-payment and no longer resides at the location, the property owner may establish services in their own name after providing a written confirmation to the Utility Billing Office by email, U.S. Mail, or in person that the tenant no longer resides there.

(c)If a customer owes a past due balance from a previous Girard Utility account the full balance must be paid before signing up for services under a new account. If the lease indicates there are multiple tenants at a given address, all tenants must have all past due balances paid in full before services can be initiated.

(d)The property owner of record is responsible for any utility consumption and all base fees that occurs on an inactive account.

(e)The City of Girard reconnection times are set at 9:00 a.m. and 3:00 p.m. during normal business days. The customer is required to be at the residence at the time of connection or reconnection.

(Ord. 1173; Ord. 1290; Code 2018; Ord. 1339)

15-106 Utility deposit.

The City shall require a cash deposit of One Hundred Twenty-five Dollars ($125.00) from any new user (user being defined as a single person or husband and wife, jointly, who occupy residence) of electric service installed, except those users under a “Total Electric” contract, before electric service shall be extended to said user. The City shall require a cash deposit of Two Hundred Dollars ($200.00) from any new user of electric service installed who is under a “Total Electric” contract. The City shall also require a deposit of Twenty-five Dollars ($25.00) from the user of any new water service installed. The City requires two (2) forms of identification. One of the identifications must be a photo ID and show proof of age. For every property registered as a rental a lease shall be required before connection of services. All residents must be listed on the application for services. If any resident has a past due utility balance with the City, it must be paid in full before connection of services. Interest shall be paid on all funds so deposited with the City at the rate determined each year by the Kansas Corporation Commission. The City may deduct from any such deposit a sum equal to the balance of any utility bill which remains due and unpaid after termination of service. The balance of the deposit shall then be refunded to the user. Two (2) years after the posting of such deposit the City shall refund said deposit, together with accrued interest as provided herein, to the user who made the deposit, provided that during said Two (2) year period, said user has been current in the payment of all utility bills.

(a)A deposit shall not be required of any user of City utilities who have been a utility user for a period of Two (2) years and if all utility bills were paid by the 15th of each month.

(b)Any person who occupies a residence for a period two (2) years, whose utilities have been in another person’s name, must produce to the City office proof by check or other form of payment that they had paid these utility bills by the 15th of each month, must fill out a new application form for utility service to be placed in said person ‘s name with no deposit required.

(c)Any user of utility services, who has not been a utility customer of the City for a continuous six (6) month period, shall re-establish credit with the City of Girard, as provided in this section.

(d)A customer requesting utility services with the City of Girard must be at least 18 years of age.

(Ord. 1173; Code 2018; Ord. 1345)

15-107 Adjustments to water and sewer charges.

Adjustments to water and sewer 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)Water Usage

(1)Adjustments to water charges shall only be considered for unforeseen water line breaks. This does not include leaky faucets or toilets.

(2)Adjustments to water charges will not be considered unless monthly usage is three (3) times the amount of normal usage or if the customer usage is greater than 15,000 gallons, whichever is less.

(3)Adjustments to water charges will be limited to one (1) adjustment per calendar year.

(4)The method of adjustment will be as follows; The customer will pay for normal usage and 50% of the water consumed by the leak. The City will assume the remaining 50%.

(b)Sewer Usage

(1)Adjustments to sewer charges shall only be considered for unforeseen water line breaks. This does not include leaky faucets or toilets.

(2)Adjustments to sewer charges will not be considered unless the monthly usage is three (3) times the amount of normal usage or if the customer usage is greater than 15,000 gallons, whichever is less.

(3)If a customer has an adjustable water leak that is reported to the City, in the months of October, November, December, January, February, March, April or May, then the average usage charge for the months of June, July, August and September will be computed as follows: The month with the adjusted and reported water leak will be replaced with the highest normal usage month used in calculating the average. These eight months will be added and divided by eight and used as the average summer sewer charge for the months of June, July, August and September.

(4)Adjustments to sewer charges will be limited to one (1) adjustment per calendar year per service.

(Ord. 1173; Code 2018)

15-108 Return check policy.

All returned checks received by the City of Girard 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 including reconnection fees, penalties and collection fee of $35.00. Collection of checks will follow K.S.A. 60-2610. The City of Girard will only accept cash, certified check or money order from any customer having a returned check within any one-year period.

(Ord. 1173; Code 2018; Ord. 1324)

15-109 Cold/hot weather rule.

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

(Ord. 1173; Code 2018)

15-110 Petty cash fund.

A petty cash fund in the amount of $500 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor and other expenses.

(Ord. 1173; Code 2018)

15-111 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. 1173; Code 2018)

15-112 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 therefore shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount.

(Ord. 1173; Code 2018)