ORDINANCE NO. 2354 AN ORDINANCE AMENDING TITLE 13 UTILITIES, CHAPTER 13.05 GENERAL PROVISIONS, SECTIONS 13.05.070 UTILITY BILLING DATES – DELINQUENCY DATE; 13.05.080 NONPAYMENT OF UTILITY BILLS; 13.05.110 CHARGE FOR BAD CHECKS; 13.05.130 DEPOSIT, COMMERCIAL; AND DELETING SECTION 13.05.220 AUTHORITY; AMENDING CHAPTER 13.15 WATER RATES, SECTION 13.15.010 WATER RATES; AND AMENDING CHAPTER 13.40 WASTEWATER RATES, SECTION 13.40.010 WASTEWATER CHARGES OF THE MUNICIPAL CODE OF THE CITY OF GARDNER, KANSAS, 2008, AND AMENDING OR REPEALING ALL ORDINANCES OR REGULATIONS NOT IN CONFORMITY HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS: SECTION ONE:  Title 13 Utilities, Chapter 13.05 General Provisions, Section 13.05.070 Utility billing dates – Delinquency date is hereby amended to read as follows: 13.05.070 Utility billing dates – Delinquency date. Utility billings shall be mailed on approximately the seventh, seventeenth, and twenty-seventh of each month for the previous month’s services. All billings for utility services shall be due and payable within 20 days of the billing date and must be paid in full by this date. SECTION TWO:  Title 13 Utilities, Chapter 13.05 General Provisions, Section 13.05.080 Nonpayment of utility bills is hereby amended to read as follows: 13.05.080    Nonpayment of utility bills.  A.  Failure to make payment before the due date as defined in Section 13.05.070 shall result in the mailing of an account delinquency and service discontinuation notice. Notice shall be sent by U.S. mail, first class, to the customer at the last known address of the customer as shown on the records of the City. Written notice may also be provided by personal service upon the customer or the occupant of the premises, if the occupant is not the customer, by an employee of the City of Gardner or by such City Employee posting the written notice upon a door of a building upon the property serviced. B. The notice of account delinquency and service discontinuance shall provide the following information: 1. The name of the customer and address where service is being provided. 2. Amount past due plus delinquency charges. 3. Notice that disconnection of service will occur within 15 calendar days of the date of mailing of the delinquency notice unless prior written arrangements were made. 4.    Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the City, provided the customer submits a written request for hearing to the City of Gardner Finance Department not less than three business days prior to the date of termination of service. C. Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection. To obtain a hearing, the customer must submit a written request to the City of Gardner Finance Department not less than three business days prior to the date for termination of service. At such hearing, the applicant customer, and the City, shall have the right to present such evidence as is pertinent to the issue. The hearing shall be conducted by the City Clerk or his/her designee. In the event the Hearing Officer finds utility service(s) should not be discontinued, the Hearing Officer shall so order and advise the City thereof. In the event the Hearing Officer finds utility service(s) should be discontinued, the Hearing Officer shall so order and advise the City thereof. Unless otherwise ordered by the Hearing Officer, utility service(s) shall be discontinued on the date that the order of discontinuance is issued by the Hearing Officer. 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. The customers shall be given notice of order of discontinuance in person or by certified mail. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. In making a determination of whether discontinuance should be ordered, the Hearing Officer shall consider, but not be limited to, the following factors: whether discontinuance is dangerous to the health of the customer, the customer’s family or any other residents of the premises affected, as evidenced by a medical order from the customer’s physician; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages or disabilities of the customer, the customer’s family or other residents of the premises. SECTION THREE:  Title 13 Utilities, Chapter 13.05 General Provisions, Section 13.05.110 Charge for bad checks and bank drafts is hereby amended to read as follows: 13.05.110 Charge for bad checks and bank drafts. The City shall levy a charge of $30.00 for all checks or bank drafts returned from the banks to the City for payment of City utilities which are returned for the reason of insufficient funds, account closed or stopped payment. If the City receives two or more returned checks or bank drafts in a 12-month period, the City may refuse to accept checks or additional bank drafts and require payment by cash, money order, certified check or credit card. SECTION FOUR:  Title 13 Utilities, Chapter 13.05 General Provisions, Section 13.05.130 Deposit, commercial is hereby amended to read as follows: 13.05.130 Deposit, commercial. A deposit equivalent to two months’ average bill will be required for all new commercial accounts or any old commercial account that has been delinquent within the preceding two years, as provided by K.S.A. 12-822. The City Administrator may waive the deposit requirement. The deposit requirement for new accounts will be estimated by a representative of the City and be subject to an equitable adjustment after six months of billing. At least one-third of the deposit must be paid at time of applying for utility service with the remainder being paid in the first two billing cycles. Commercial users who have paid their utility bills for a period of at least one year and have not had delinquent utility bills or problems can be eligible for consideration of return of meter deposits with the City. Refunds shall be issued the billing cycle following completion of the one-year requirement. The amount of deposit refund shall be reflected as a credit on the next applicable billing cycle. If a customer is disconnected for nonpayment and does not have a deposit with the City, a deposit will be required before reconnection of service. SECTION FIVE:  Title 13 Utilities, Chapter 13.05 General Provisions, Section 13.05.220 Authority is hereby deleted in its entirety. SECTION SIX:  Title 13 Utilities, Chapter 13.15 Water Rates, Section 13.15.010 Water rates is hereby amended to read as follows: 13.15.010    Water Rates. All persons, firms or corporations having a connection with the City of Gardner water system shall be charged a monthly water service charge for each meter by which they are served and a water usage charge in accordance with the following rates. When multiple persons, firms or corporations are served by one water meter, a monthly water service charge shall be billed for each residential dwelling unit.
SECTION SEVEN:  Title 13 Utilities, Chapter 13.40 Wastewater Rates, Section 13.40.010 Wastewater charges is hereby amended to read as follows:
13.40.010 Wastewater charges. All persons, firms or corporations having a connection with the City of Gardner wastewater system shall pay monthly wastewater charges consisting of a wastewater service charge, a wastewater usage charge and an extra-strength surcharge as provided herein. When multiple persons, firms or corporations are served by one water meter, a monthly wastewater service charge shall be billed for each residential dwelling unit. A. Residential and Nonresidential Wastewater Users. 1. A monthly service charge of $9.45. 2. A monthly wastewater usage charge of $6.00 per 1,000 gallons. Monthly wastewater usage charges will be based on actual metered water usage except during the months of April, May, June, July, August, September, October, and November, for which wastewater usage will be for not more than the average water usage during the months of December, January, February, and March (winter average). Residential customers initiating wastewater service after March, or otherwise unable to establish a winter average, will be billed for actual wastewater use or  5,000 gallons, whichever is less, until an actual winter average can be established. Commercial customers initiating wastewater service after March, or otherwise unable to establish a winter average, will be billed for actual wastewater use or 20,000 gallons, whichever is less, until an actual winter average can be established. B. Nothing in this section shall prohibit the City from determining wastewater usage charges on an individual basis for those customers with large consumptive use of water. The City shall not be prohibited from charging new customers with expected large water usage wastewater usage charges based on actual water usage until a winter average can be established. C. Those customers discharging sewage, the strength of which is in excess of normal domestic sewage, will be billed a surcharge in addition to the normal charges. The surcharge shall be as follows: 1. $0.50 per pound B.O.D., 2. $0.46 per pound S.S. D. Any customer who discharges any pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s treatment works, or any customer who discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such customer shall be as determined by the City of Gardner. SECTION EIGHT:  All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto. SECTION NINE:  This ordinance shall take effect and be in force following its passage, approval and publication as provided by law. PASSED and APPROVED this 1st day of November, 2010. CITY OF GARDNER, KANSAS, (SEAL) /s/  David C. Drovetta, Mayor, Attest: /s/  Doreen K. Pesek, City Clerk.