The City shall make all taps to the water mains and pipes of the City and install all stops. The property owner shall install all service pipes from the main to the meters. If it is necessary for the property owner to cross any public street, avenue or alley in such installation of service pipers, he shall follow the provisions of Article 5, Chapter 13 of this Code regarding such excavations.
The costs of making such connections shall be paid by the applicant to the City Clerk and shall be as follows:
(a) Within the City, not more than three-fourths (3/4) inch service connection, $27.00.
(b) Within the City with more than three-fourths (3/4) inch service connection, the amount shall be agreed upon by the applicant and the Governing Body;
(c) Without the City, in an amount as shall be agreed upon by the applicant and the Governing Body.
(Prior Code 14-101; Code 2023)
Any person, firm or corporation desiring a connection with the municipal water system of the City shall apply in writing to the City Clerk on a form furnished for that purpose for a permit to make a connection with the water mains adjacent to the applicant’s property. Upon receipt of the application, if the same is in the proper form, and the payment of the sum required in Section 15-101, the City Clerk shall issue to the person, firm or corporation applying for the same a permit to connect to the water system.
(Prior Code 14-102; Code 2023)
All water meters shall be installed by the City of Florence. The City shall install 5/8” water meters for all residences and no larger than 1” meters for all businesses. If the person, firm or corporation desires a connection determining that a larger water meter is needed and the recommended size as set out above. The cost of said difference shall be determined by the City Council All mains and meters shall be maintained by the City, and all service pipe shall be maintained by the property owner.
(Prior Code 14-103; Code 2023)
All customers shall keep their own service pipe from the main to the meter and from the meter to the buildings, stop cocks and boxes and apparatus in good repair and protected from freezing at their own expense, and shall prevent all unnecessary waste of water; and no claim shall be made against the City by reason of the breaking or leaking of any service or service cock.
(Prior Code 14-104; Code 2023)
(a) All water supplied by the municipal water system shall be metered. All meters shall be furnished by and remain the property of the City.
(b) If any meter is found to vary in excess of 2% from 100% accuracy, the reading of the meter shall be corrected according to the percentage of inaccuracy found, but no correction shall extend beyond the date of the last regular monthly reading. A meter with this level of inaccuracy shall also be immediately replaced or repaired with an accurate meter. The city shall test any meter on request; if any meter tested is inaccurate in excess of 2%, the variance will be corrected as set out herein; and, if any meter tested is found to vary less than 2%, the meter shall not be replaced and a charge of $25.00 shall be made to the customer on the next water bill for testing.
(Prior Code 14-105; Code 2023)
Any person from whose premises the water shall have been turned off for any reason provided under this Code, including a violation of any of the provisions of this Code, and who shall turn the water on or cause the same to be turned on without authority in writing from the City, shall upon conviction thereof, be guilty of a misdemeanor.
(Prior Code 14-106; Code 2023)
Any person, company or corporation who shall willfully and maliciously injure or destroy any machinery, meters, pipes, hydrants or other fixtures or property belonging to the City, or carry away from the waterworks system of the city any water for private use without a written permit from the Water Superintendent, shall, upon conviction thereof, be fined any sum not exceeding $50.00 for each offense.
(Prior Code 14-107; Code 2023)
The City hereby reserves the right to discontinue service to any consumers of the municipal water without notice when the same is necessary for the repair of said system, or any part thereof, or for the extension of mains.
(Prior Code 14-108; Code 2023)
(a) DEFINITIONS. Customer means the utility service account holder of record. Person shall mean natural persons and all corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation. Utility Services means sanitary sewer, solid waste service and water service. The City means Florence, Kansas.
(b) DISCONTINUATION OF SERVICES WITHOUT NOTICE. The City may discontinue or refuse a particular utility service to any customer, without notice or hearing, for any of the following reasons:
(1) When the customer requests.
(2) It is determined by an employee of the city utility department, fire department or police department that the continuance of a particular utility service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.
(c) DISCONTINUATION OF SERVICES WITH NOTICE. The City may discontinue or refuse particular utility service to any customer, following compliance with the notice and hearing requirement of this ordinance, for any of the following reasons:
(1) Non-payment of utility bills and charges as provided by the City by ordinance.
(2) When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the City.
(d) DISCONTINUATION OF SERVICES: HEARING. The city may discontinue or refuse a particular utility service to any customer, following notice to the customer, for any of the reasons set out in this Ordinance. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days, following termination or refusal of service. If after such hearing the hearing officer finds in favor of the customer the hearing officer may order connection or reconnection of the service at no cost to the customer. If a hearing is held prior to a proposed disconnection, then the customer is not entitled to a hearing thereon after disconnection.
(e) UTILITY BILLING DATES; DELINQUENCY DATE. Utility billings shall be mailed on approximately the 1st day of each month for the previous month serviced. All billing for utility services shall be due and payable at the office of the City Clerk on the first day of the month and must be paid in full by the 15th day of the month. Failure to make payment before the 16th day of the month shall result in the mailing of an account delinquency and service discontinuation notice.
(f) NON-PAYMENT OF UTILITY BILLS.
(1) An account delinquency and service discontinuation notice shall be issued in writing on the 16th day of the month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. Mail, first class, to the customer (and a copy sent to the occupant, if the occupant is not the customer) at the last known address of the customer as shown on the records of the City in substantially the following form: ·
TO:
NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONNECTION
Your (solid waste and/or sanitary sewer and/or water) bill in the amount of $___ which was due on (date), remains UNPAID AND IS NOW DELINQUENT. The delinquency charge to be added to your bill is $___ and your total bill now due is: $ ___. You are hereby notified that the City intends to terminate your __________ service on (date and time) unless you pay the total bill now due, as stated above or unless good cause be shown why such service should not be terminated. You are further notified that you are to appear in the Florence City Building on the (date and time) to show good cause as to why your service should not be terminated for non-payment of charges. You are notified that if you fail to attend the hearing or fail to request at least 24 hours before the hearing date and time that it be rescheduled, then immediately following the hearing date, your service or services shall be discontinued. A hearing officer at the hearing will consider a reasonable payment plan in lieu of disconnection.
DATED ________
CITY OF FLORENCE
BY:
(2) Any utility customer receiving a notice of account delinquency and service discontinuation shall have the right to a hearing prior to disconnection. At such hearing, the applicant customer, and the City, shall have the right to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses; however formal rules of evidence shall not be followed. Such hearing will be conducted by one or more of the following representatives, to be designated by the Mayor or President of the Council (in the Mayor’s absence): City Clerk, Mayor, and one or more Council members. When the hearing officer finds utility service(s) should or should not be discontinued, the hearing officer shall so order the same and advise both the City and customer. Written notice of the hearing or of the findings of the hearing officer may be provided the customer by personal service made by an employee of the City utility department, or by any city law enforcement officer instead of mailing; and the City may also conspicuously post a copy of the notice on the premises. The hearing may be held on or after the 26th day of the month, so long as the other requirements of this chapter is met.
(3) The notice of account delinquency and service discontinuation shall be mailed or served at least 9 days before the hearing date, and shall provide the following information:
(A) Name of customer and address where service is being provided.
(B) Account Number, if any.
(C) Amount of past due bill plus delinquency charges.
(D) Notice that utility service will be terminated upon failure to pay the delinquent billing plus delinquency charges within 10 days from the date of mailing the notice.
(E) Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the City.
Extensions of the date of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments or for other good cause shown. In making a determination of whether to discontinue service, the hearing officer shall consider, but not be limited the following factors: Whether discontinuance is dangerous to the health of any customer, the customer’s family or any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages or disabilities of the residents of the premises.
(g) DISCONTINUANCE OF UTILITY SERVICES.
(1) City utility departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedure set out in this chapter. Customers shall remain responsible for furnishing the City with the correct address and billing purposes.
(h) UTILITY LATE CHARGES AND RECONNECTION FEES.
(1) Late Payment Charges. All bills unpaid after the 15th of the month of the billing’ shall be subject to a 15% additional charge.
(2) Reconnect-Charges. Prior to reconnecting a utility service for a customer disconnected for delinquency, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection, a fee of $50.00. In the event that the Governing Body deems it advisable to alter the amount of assessment in late fees and reconnection fees with such charges, the modification of the fees may be altered by Resolution adopted by a majority of the Governing Body of the City of Florence, Kansas which Resolution shall at all times be available for inspection at City Hall.
(Prior Code 14-109; Ord. 819; Code 2023)
The City Clerk shall act as the collection agent for the water bills of the City.
(Prior Code 14-110; Code 2023)
The following water rates are hereby established for all consumers of water within the city limits of the City of Florence, Kansas:
(a) A minimum of 2,000 gallons or less $27.39
(b) Each additional 1,000 gallons over 2,000 gallons $15.03
(c) Additional charges: In addition to the water rates set out above, the City of Florence shall collect the sum of three and four tenths cents ($.034) for each 1,000 gallons or part of 1,000 gallons of water used. Such rates shall be determined and collected and paid in the same manner as the rates for City water use are otherwise established.
(d) The governing body shall conduct an annual review of the financial condition of the City’s water utility on or before January 31st of each year in order to evaluate the need for any adjustment to the current water charges. Such review shall be held during a council meeting open to the public. If, on or before January 31 each year, the governing body takes action to adjust the current water charges, such adjustment shall go into effect for any charges yet to be billed to customers. If the governing body takes no action on or before January 31 of each year, the current water charges shall be increased by 3% effective for any charges yet to be billed to customers. After its annual review, the governing body may, by motion made and adopted at a city council meeting, announce its intention that charges shall remain the same for the following year and such a motion shall be considered action which negates the automatic percentage increase set out herein for the following year.
(Prior Code 14-111; Ord. 807; Ord. 826; Ord. 836; Code 2023)
If under the provisions of Chapter 15 or any part of the Code of the City of Florence, Kansas, the City is required to disconnect the water, the customer shall be charged a fee of $10.00.
(Prior Code 14-112; Code 2023)
Anytime the City is required to excavate for a water leak or to shut off the water on a service line the customer shall be charged a minimum fee of $50.00 or the cost incurred.
(Prior Code 14-113; Code 2023)
(a) A Service Connection Fee for new Water and/or Sewer service must be paid prior to service being established. Service Connection Fees cannot be transferred from one customer to another.
(1) Water and/or Sewer (Residential): $100.00 nonrefundable. Must be paid in full before service is connected.
(2) Water and/or Sewer (Commercial and Industrial): $250.00 nonrefundable. Must be paid in full before service is connected.
(b) TRANSFER AND TRANSFER FEE: Water users shall be charged a transfer fee of $10.00 for each service turned on and turned off when:
(1) Desiring to have their water physically disconnected/connected for a period of time (i.e. vacation, sprinkler, cleaning, repairing leak).
(2) Moving from one address to another address (see below). A transfer fee will not be charged when only changing names on the account (landlords).
(c) MOVING TO ANOTHER ADDRESS. Should a customer move to another address in the City’s service area, utilities may be established at the new address without additional Service Connection Fees providing the following criteria are met:
(1) The account, or any previous account in the customer’s name, cannot have been disconnected due to failure to pay during the past 24 consecutive months.
(2) Customer must have a good payment record which is defined as no more than one late payment in a 12-month period of time, or for the duration of the account if it has been active less than 12 months.
If the above criteria has been met, a non-refundable transfer fee of $10.00 will be required to transfer the utilities. If the above criteria cannot be met, then a new Service Connection Fee as outlined in paragraph (a) will be required.
(Prior Code 14-114; Ord. 831; Code 2023)
(Prior Code 14-115; Ord. 831; Code 2023)
Any person, firm, or corporation violating any of the provisions of this article for which another penalty is not specifically provided shall, upon conviction thereof, be fined in any sum not exceeding $100.00.
(Prior Code 14-116; Code 2023)
All owners of residences and businesses in the City of Florence, Kansas, who maintain a water meter inside a building on their premises shall be required to move the meter to a meter box located outside the building between the main line and the building if one of the following conditions exist:
(a) Violation by the user of any City Ordinance having to do with the use of water or water meters.
(b) Any time a city employee cannot gain access to the premises where the meter is located to read the meter for two (2) consecutive months.
(c) Any time water cannot be shut off to the meter and city employees cannot gain access thereto.
(d) When the service line is in need of repair or replacement.
(Prior Code 14-117; Code 2023)
No new meter shall be placed inside new buildings, apartments, or mobile homes.
(Prior Code 14-118; Code 2023)
In the event a meter is required to be moved, the cost of moving and resetting of said meter box shall be the responsibility of the owner of the premises.
(Prior Code 14-119; Code 2023)
At any time a new water meter is to be installed or replaced, it shall be placed on the parking area adjacent to the private property line.
(Prior Code 14-120; Code 2023)
Those buildings located on Blocks 200, 300, 400, and 500, Main Street, are exempt from the requirements of Section 15-117.
(Prior Code 14-121; Code 2023)
(a) Whenever the City replaces a City water line by or to a parcel of real estate in the City which parcel had a water meter connection for use of that parcel immediately prior to the water line replacement, and if the Owner at the time the water line is replaced signs an Agreement with the City in conformance with the terms of this Ordinance, the City shall place a meter connection at or reasonably near the parcel of real estate, and the City shall collect from the Owner of the parcel and the Owner shall pay the minimum rate for water usage for 30 months, whether or not the Owner or Owner’s tenant actually uses any through a meter so installed.
(b) This charge shall serve as a cost recoupment for the City, and shall not be a fee that is or will be required in addition to the actual water usage of the Owner on the described premises.
(c) If Owner moves or sells the property, the City shall be entitled to collect the charges provided in Section One from the Owner, or add the same to the taxes and collect the same as part thereof to the extend not paid.
(d) If Owner uses more water than the minimum charge in any month of the said 30 month, Owner shall pay only the actual water bill incurred, and not any additional sum by reason of installation of the connection; however, Owner shall pay the minimum for at least 30 months, not only a sum equal to 30 months at the minimum rate.
(Prior Code 14-122; Code 2023)