CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. GENERAL PROVISIONS

For purposes of this article utility services shall include water, electrical, sewer, solid waste, capital improvement fees, storm sewer utility fees, and other utility services provided by the City.

(Ord. 988; Code 2015)

Unless otherwise provided, water, electric, sewer, solid waste (refuse) capital improvement fees, storm sewer utility fees and other utility services shall be terminated for nonpayment of service fees, or charges in accordance with sections 15-103 and 15-104.

(Ord. 988; Code 2015)

(a)   If a utility has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be ·issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)   The notice shall state:

(1)   The amount due, plus delinquency charges;

(2)   The reconnection fee due for reconnection of utilities if utilities are terminated;

(3)   Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(4)   Notice that the customer has the right to a hearing before the designated hearing officer;

(5)   Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c)   Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Ord. 988; Code 2015; Ord. 1035)

(a)   Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 1O days, for the termination of such service.

(b)   Designating Mayor as hearing officer.

(1)   The Mayor is hereby designated as the hearing officer for purposes of Chapter XV of the Code of the City of St. John, Kansas.

(2)   As the hearing officer, the Mayor shall make findings of fact in any decision rendered as part of the hearing officers duties pursuant to Chapter XV of the Code of the City of St. John, Kansas.

(Code 1991; Ord. 1030)

(a)   At the time of making application for utility service, the customer shall make a cash deposit in the amount set by the governing body to secure .payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor. Deposits shall be in addition to current connect fees.

(b)   Cash deposits for the indicated utility services shall be in the following amounts:

(1)   Water Service - Set by ordinance;

(2)   Electric Service - Set by ordinance.

In lieu of making a cash deposit, the prospective customer may present as guarantee which meets the following conditions:

(A)  The guarantor must be a current utility customer of the city with a minimum of 12 months utility history at their present address; and

(B)   The guarantor must have no more than two late payments in the 12 months immediately prior to the giving of the guarantee;

(C)   The guarantor  must  have  no  prior  disconnection  of  service  for nonpayment and have had no checks returned to the city due to insufficient funds. Prospective customers submitting letters of credit must meet the same criteria as stated above with regard to their immediate past utility provider and shall have paid their final utility bill, if due.

(c)   The city clerk shall keep a separate account of the date on which the deposit is received, the name of the depositor, and the amount thereof in a fund designated as the meter  deposit  fund. Interest shall be payable at the rate determined by the State Corporation Commission yearly and credited to the customer’s account January 151 of each calendar year.

(d)   On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year. Interest due and accrued shall not draw interest.

(e)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.

(f)    Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(g)   The provisions of this article shall not be applicable to (1) temporary utility connections of three months or less by customer harvesters, and contractors; (2) landlords requesting services for the second and subsequent times at the same address; and (3) customers who have one service and are requesting service by an additional meter or meters at an adjoining or contiguous property or building.

(h)   The utility connection fees to be paid by landlords for the second or subsequent times at the same address, and by customer harvesters and contractors for each connection shall be as follows:

Custom harvesters and contractors - $25 plus tax.

Landlords - $10 plus tax.

(i)    Any city utility customer who has made a deposit to meet the requirements of the city code of the city, and who submits an acceptable letter of credit or guarantee in response to this article, shall have their deposit and accrued interest, if any, refunded to them upon request.

(Ord. 903; Ord. 979; Ord. 981)

(a)   When a person decides to build a new residential structure within the City of St John, Kansas and such person provides the documentation provided in 15-105 as a current customer, a guarantor or a letter of credit or reference as outlined in said section, then no new construction deposit shall be required.

(b)   When such person does not have any prior references or a guarantor, then the new customer shall submit the following deposits:

(1)   While construction proceeds for the new residential structure the sum of $0.00.

(2)   Upon completion of the construction the new residential structure the following utility deposit shall be made:

(A)  House of less than 1500 square feet living space shall require a deposit of $50.00

(B)   House of more than 1500 square feet but less than 3000 square feet living space shall require a deposit of $100.00.

(C)   House of more than 3000 square feet living space shall require a deposit of $150.00.

The deposit shall be handled as those deposits set forth in 15-105.

(Ord. 993)

(a)   When a person decides to build a new commercial or industrial structure within the City of St John, Kansas and such person provides the documentation provided in 15-105 as a current customer, a guarantor or a letter of credit or reference as outlined in said section, then no new construction deposit shall be required.

(b)   When such person does not have any prior references or a guarantor, then the new customer shall submit the following deposits:

(1)   While construction proceeds for the new commercial or industrial structure the sum of $250.00.

(2)   Upon completion of the construction the new commercial or industrial structure the following utility deposit shall be made:

(A)  Structure of less than 1500 square feet shall require a deposit of $100.00

(B)   Structure of more than 1500 square feet but less than 3000 square feet shall require a deposit of $200.00.

(C)   Structure of more than 3000 square feet but less than 5000 square feet shall require a deposit of $300.00. The deposits shall be handled as those set forth in 15-105.

(Ord. 993)