CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 5. Sewer Connections and Charges

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sewage disposal system, as used in this article, consists of all means by which sewage is transported, treated and disposed of which shall not include drainage and storm sewers or drains.

(Code 1974, § 13.20.010; Ord. 425; Code 2018, 36-200)

The city council shall promulgate and adopt necessary rules and regulations for the operation and management of its sewage system and a copy of such rules and regulations shall be maintained in the office of the city clerk for public inspection at all reasonable hours as they are from time to time promulgated, adopted, repealed and amended.

(Code 1974, § 13.20.020; Ord. 425, § 2, 1974; Code 2018, 36-201)

All users of sewage systems within the corporate limits of the city for the purpose of this chapter are classified as follows:

(a)   Residential. Residential means any structure primarily intended and used for the housing of families or households in any one structure;

(b)   Restaurants and cafes;

(c)   Automobile service stations, filling stations, garages and car washes;

(d)   Laundry and dry cleaning establishments;

(e)   Educational structures. Educational structure means any structure capable of housing ten or more students, teachers and administrative personnel;

(f)   Day care home or nursing home;

(g)   Residential structures outside the corporate limits of the city;

(h)   Business, commercial or nonresidential establishments outside the corporate limits of the city;

(i)    Miscellaneous structures located within the corporate limits of the city.

(Code 1974, § 13.20.030; Ord. 425, § 3, 1974; Ord. 620, § 1, 1987; Code 2018, 36-202)

(a)   Service charge. All persons, firms, corporations, city departments, the United States of America, the State of Kansas and its political subdivisions, and any organization whose premises are connected or may hereinafter be connected directly or indirectly to the sanitary sewer system of the city, shall be assessed a monthly service charge as provided on the city fee schedule.

(1)   Business, commercial or nonresidential establishments inside the corporate limits of the city that have multiple offices with multiple facilities that connect to the city’s sanitary sewer system although the customer only has one water meter will be charged the following:

(A)  One office for a business, commercial or nonresidential establishment inside the corporate limits of the city will be charged the same as one residential connection;

(B)  Two or more offices will be charged equal to twice the amount of a single residential connection;

(2)   Business, commercial or nonresidential establishments outside the corporate limits of the city, such sum as may be assessed by the council upon resolution;

(3)   Any residence, business, commercial or nonresidential establishments inside or outside the corporate limits of the city found to be creating additional problems for sewer maintenance or operation, the city council, by resolution, may assign fees for additional maintenance or raise the monthly base rate by 30 percent for the intended residence, business, commercial or nonresidential establishment for a length of time determined by the city council.

(b)   Usage charges. A water usage charge shall be charged as provided on the city fee schedule. This charge shall be computed by averaging the usage for the months of January, February, and March of each year, provided however, that if the average is adversely affected to the detriment of the customer by a customer water leak or by the city’s necessity to estimate water usage, then the city shall use a four months’ average. If water usage history is not available, the average shall be deemed to be 5,000 gallons.

(c)   Prorated charges. Any person, firm or corporation at the time of commencement or termination of utility service for a period less than the original billing cycle, may have their bill prorated as authorized by the city clerk.

(1)   Each connection to either a main or lateral or each separate unit of a multiple occupied dwelling or building connected to a main or lateral shall constitute a separate connection under this division.

(d)   Annual increase; changes of monthly charges. The rates identified in subsection (a) of this section, including without limitation those rates included in the city fee schedule, shall increase by two percent each year beginning with the billing reading in March 2025, and shall increase every March thereafter by two percent of the then current minimum charge.

(e)   Debt service fee. Effective January 1, 2016, a monthly debt service fee shall be applied to all accounts connected to the sanitary sewer system for the city as provided on the city fee schedule.

(Code 1974, § 13.20.040; Ord. 425, § 4, 1974; Ord. 457, § 3, 1976; Ord. 521, § 1, 1981; Ord. 619, § 1, 1987; Ord. 686, § 1, 1993; Ord. 769, § 1, 1998; Ord. 779, § 1, 1999; Ord. 815, § 1, 2002; Ord. 822, § 1, 2003; Ord. 898, § 1, 2008; Ord. 901, § 1, 3-10-2009; Ord. 920, § 1, 2-9-2010; Ord. 968, § 1, 3-12-2013; Ord. 1007, § 1, 12-8-2015; Code 2018, 36-203; Ord. 1054, § 1, 11-26-2019; Ord. 1104, §§ 1, 2, 11-28-2023)

The charges shall be payable at the office of the city clerk by the tenth day of the following month. Any balance which remains unpaid after the due date shall constitute a delinquent account. A ten percent penalty shall be added to the unpaid balance. The customer shall be mailed a past due reminder stating that service will be terminated if the past due amount is not paid within 15 days.

(Code 1974, § 13.20.041; Ord. 437, § 1, 1975; Ord. 686, § 2, 1993; Code 2018, 36-204)

(a)   Persons desiring to connect residential property to the city sanitary sewer system shall make application to the city clerk for such sewer service and if the property is within the city limits, deposit the sum provided on the city fee schedule as a connection fee, and, if outside the city, deposit the sum provided on the city fee schedule with the city clerk as a connection fee for such residential unit. Such application, if the property is outside the city limits, must be approved by the city council prior to such connection and, if such approval is not obtained, service can be terminated. The city council may reject the application and its decision shall be final.

(b)   Persons desiring to connect property other than residential property to the city sewer system when such property is located within the corporate limits of the city shall make application to the city clerk and such application shall be considered by the city council at its next regular meeting after such application is made. The city council may establish such connection charges and maintenance charges as shall compensate the city adequately for the service to be rendered to such property. Charges as may be established may be changed from time to time to compensate the city for the services provided.

(Code 1974, § 13.20.060; Ord. 425, § 6, 1974; Ord. 457, § 4, 1976; Ord. 521, § 2, 1981; Ord. 831, § 1, 2004; Ord. 898, § 2, 2008; Ord. 968, § 2, 3-12-2013; Code 2018, 36-205)

Persons desiring to connect property other than residential property to the city sewer system when the property is located outside the corporate limits of the city shall make application to the city clerk and such application shall be considered by the city council at its next regular meeting after such application is made. The city council may establish such connection charges and monthly sewer service and sewer maintenance charges as shall compensate the city adequately for the service to be rendered to such property. The applicant shall be heard by the city council during its consideration. Such charges as may be established may be changed from time to time by the city council as it deems necessary adequately to compensate the city for the services provided.

(Code 1974, § 13.20.070; Ord. 425, § 7, 1974; Code 2018, 36-206)