The furnishing of water/sewer services to customers by the city of Sublette, Kansas, through its waterworks systems shall be governed by the regulations set forth in this article. The City does not guarantee the delivery of water or the maintaining of any specific water pressure through any of its mains and connecting services at any time except only when its mains, pumping machinery and power service connection are in good working order and the supply of water is sufficient for the usual demand of its customers.

(Ord. 361; Code 2020)

Water/sewer service shall be made available only after the consumer has made application to the City Clerk and has made the required cash security deposit of:

(a)   residential - $50.00

(b)   commercial - $100.00

(c)   three inch or larger connect lines - $250.00.

(Ord. 361; Code 2020)

The City will make all street excavations and bring the service lines from the main to the property line. The customer shall be responsible for the installation, maintenance, and repair of the service lines from the property line to the structure served by the service lines.

(Ord. 361; Code 2020)

The City reserves the right to interrupt water/sewer services for the purpose of making repairs or extensions to water/sewer lines or equipment. The city will endeavor, insofar as possible, to notify customers affected of the intention to interrupt service. Failure to give such notice or the interruption of service shall not give rise to any claim on the part of any customer against the City.

(Ord. 361; Code 2020)

Authorized employees of the City may enter upon any premises at reasonable hours for the purpose of reading the meter and servicing or inspecting meters and/or water/sewer lines.

(Ord. 361; Code 2020)

At the time of making application for water/sewer service, all persons applying for water/sewer service shall pay a $10.00 original connection charge. In the event the water/sewer service has been terminated by reason of non-payment of a regular service billing, prior to the reinstatement of a regular water/sewer service, the customer shall pay a seventy-five dollar ($75.00) reconnection charge. Any deposits and charges herein shall be paid to the City Clerk of the city of Sublette, Kansas. All bills not timely paid shall incur a 10% penalty fee.

(Ord. 361; Ord. 361A; Code 2020)

All billings for sewer/water service shall be due and payable at the office of the City Clerk on the 10th day of the month, and if not paid in full by the 10th day of the month, are deemed to be delinquent, and service may then be terminated in twenty (20) days, pursuant to notice, as provided in section 15-108.

(Ord. 361; Code 2020)

(a)   General welfare. The City may discontinue or refuse water/sewer service to any customer without notice or hearing when it is determined by the city utility department, fire department or police department that the continuation of service constitutes a dangerous condition presenting a likely threat to health or safety of persons or property on or near the customer’s premises.

(b)   An Account Delinquency and Service Discontinuance Notice may be issued in writing after the due date. Notice shall be sent by U.S. Mail with request for Certificate of Mailing to the customer at the last known address of the customer as shown on the records of the City or issued by personal service upon the customer by a designated city employee or by any city law enforcement officer; or by posting the written notice upon a door of the building upon the property serviced. Notice to the name of record on the account at the City Clerk’s office is deemed proper notice given.

The Notice shall be substantially in the following form, with the correct information inserted:

NOTICE OF ACCOUNT DELINQUENCY

AND SERVICE DISCONTINANCE

NOTICE DATE:                                                                      

TO:                                                                                         

            (NAME)

            (ADDRESS)

       Your city sewer/water bill plus any late penalty charges in the total amount of ($AMOUNT), which was due on (DUE DATE) remains unpaid and is now delinquent. You are hereby notified that the City intends to terminate your service on (TERMINATION DATE AND TIME), unless you pay the amount due, as above stated, in full on or before said termination date. You have the right to request a hearing to show good cause why your utility service should not be terminated, if you file with the City Clerk a written request for hearing within ten (10) days of the NOTICE DATE stated above. The hearing will be held by the Water Commissioner or his designee, on or before the 20th day from the NOTICE DATE.

(Ord. 361; Code 2020)

(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 15-108. 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.

(Code 2020)

(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, in addition to the tenant, 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.

(c)   If utility service is furnished to a leased premises on the application or 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.

(d)   The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (b) of 15-109, on real estate of the lessor.

(Code 2020)

(a)   The cost of new water meters installed by the City shall be paid by the landowner, and the meters shall remain the property of the City of Sublette but shall remain with the land. Any new water meter shall be provided/or by the City; the cost to the landowner of the meter shall be the actual cost of purchase to the City plus ten percent (10%) in addition to the installation cost as set in the City's schedule of fees. No water meters may be removed by the landowners. Single family structures shall be individually metered.

(b)   Meter installation cost. The City of Sublette's schedule of fees shall be amended to reflect a $250.00 fee as the cost of installation of a water meter.

(Ord. 361-D; Code 2020)

The City of Sublette, in providing the services of collection and disposal of residential solid waste by contracting with a private entity for the City's residential trash collection services, shall collect service charges or fees to defray the cost of said contract. Such service charges or fees shall be as follows:

(a)   Residential Solid Waste Collection Fee shall be billed on a monthly basis and be part of the resident's water bill for that billing period. The current trash rate has been previously set at $9.90 per month. Effective for the month of January 2019 and every month thereafter the fee shall be $11.50 per month.

(b)   This fee shall apply to every residence including but not limited to houses, mobile homes, each apartment in an apartment complex, and each living unit of a duplex.

(c)   Churches or other nonprofit entities may elect to be included in this ordinance and its fees by making a request to the City Clerk.

(Ord. 436; Code 2020)