[CC 1985 §11-301; Ord. No. 733, 11-21-1983]
A. 
Any property owner or resident requesting the right to attach municipal utility services to a residential or commercial structure shall make application through the office of the City Clerk. The form for application shall contain a statement of the nature and use to be made of the sewer or utility connection, a legal description of the property to be connected, a complete description of the type of the materials proposed to be used in making such connections and any other pertinent data necessary for the proper administration of the connection by the City or any owner or owners of such real property after being connected to the municipal utility services. The applicant shall not be permitted to make utility connections until:
1. 
All appropriate charges have been paid to the City;
2. 
The Building Official has approved the connection; and
3. 
Deposit shall have been made to cover the estimated cost to the City for making the connection with any unused amounts being returned to the applicant or additional sums being paid by the applicant.
The City shall have no obligation to make the connection for services upon an application regarding real property which either has not been included in a benefit district or is not within the limits and boundaries of the City as a whole.
[CC 1985 §11-302; Ord. No. 733, 11-21-1983]
The City's employees and officials shall have access to any of the premises served by municipal utilities for the purpose of inspecting the same and gathering data concerning the operation of the utility system at all reasonable times and dates, upon reasonable notice to the owner or tenant.
[CC 1985 §11-303; Ord. No. 733, 11-21-1983; Ord. No. 1190 §1, 1-5-2004]
A. 
When no assessment has been made for the lateral sewer against the property to be connected to the City sewer, upon approval of the application for connection by the City, the assessment fee for allowing connection to the municipal sewer utility shall be designated by City staff in writing. The assessment fee shall be the pro rata cost as determined by taking the average of the three (3) most recent sewer utility projects within the City and applying to the applicant's property the same method of assessment, whether per lot or otherwise, said calculation to utilize the three (3) most recent projects' total cost assessed in making the calculations.
B. 
Separate and apart from, and in addition to, the above assessment fee, regardless of whether an assessment has been made for lateral sewer or an assessment fee paid pursuant to Subsection (A) above, where property is located within a sewer basin, a sewer basin connection fee shall be paid by the owner of any property proposing to connect to City sewer. As used herein, "sewer basin" shall mean an area of land specifically designated by the Governing Body of the City of Mulvane to benefit from a previously established interceptor sewer line, sewer main or other related improvement. The "sewer basin connection fee" shall be the fee specifically established by the City for each sewer basin based upon:
1. 
Total costs to the City at large for the sewer line or related improvements benefitting the sewer basin (including, but not limited to, construction, excavation and material costs as well as legal, administrative, fiscal, engineering, finance and interest costs directly related to the improvement), and
2. 
The relationship that the total area of the property proposing to connect to the City sewer (inclusive of streets, parks, reserves and other public dedications) bears to the total land area within the sewer basin from which the City intends to recoup its expenses.
C. 
Subject to Subsection (D), the sewer basin connection fee shall be due for any property within a sewer basin proposing to connect to the City sewer service upon either of:
1. 
The approval of the application for connection, or
2. 
The acceptance of a petition for special assessment for sewer improvements necessitating a connection, as the case may be.
If the sewer basin connection fee is not timely paid, the City Clerk of said City shall from time to time and not less often than annually, certify to the County Clerk of the appropriate County, the legal description of the real property to which said services were provided, along with the sum of such delinquent charges, including penalty and interest accrued, to be placed upon the tax rolls for collection. Upon such certification said charges shall become a lien against the property upon which they are certified, subject to the same penalties and collected in the same manner as taxes levied against the property are by law collectible.
D. 
As an alternative to paying the sewer basin connection fee at the time of approval of application or acceptance of the special assessment petition as provided in Subsection (C) above, the owner of one hundred percent (100%) of the property to be served may request, and the City in its sole discretion may provide, the sewer basin connection fee be divided into ten (10) equal annual installments and placed upon the tax rolls for collection. Said installments shall include interest at the average yield borne by the City's most recently issued general obligation bonds. Upon such certification said charges shall become a lien against the property upon which they are certified, subject to the same penalties and collected in the same manner as taxes levied against the property are by law collectible.
E. 
The procedure outlined above shall be construed as being in accordance with the laws of the State of Kansas and any provision herein deemed or finally determined to be contrary to the laws of Kansas shall be void provided that in such event the remaining provisions of this Section shall remain in full force and effect.
[CC 1985 §11-305; Ord. No. 733, 11-21-1983; Ord. No. 1410 §2, 2-18-2013]
A. 
Payment Of Fees And Charges. All payments of fees and charges due to the City under this Title shall be made by cash, check, money order, wire transfer, automated clearing house transfer, electronic check, credit card, debit card, or any other form of payment acceptable to the City; provided however, that no payment in cash may include more than two dollars ($2.00) in coins for each invoice or monthly bill.
B. 
Returned Payment. In the event any payment by a person for fees and charges due under this Title is returned to the City as not payable (e.g., a "worthless check", insufficient funds, stop-payment, refused automatic debit), the City shall impose a returned payment service charge as set forth in Section 100.160 upon such person and shall accept only verified, immediately available funds (e.g., cash, money order) from such person for payments of fees and charges due to the City under this Title for the twelve (12) months following such return.
C. 
Monies Received. All monies received as connection fees or payments for municipal utilities shall be placed into a Municipal Utility Fund. This fund shall be maintained separate and apart from General Fund monies and shall be utilized as directed by the Governing Body.
D. 
Waiver Of Available Funds Requirement. For good cause shown upon satisfactory proof, the City Clerk may waive the requirement of payment in verified, immediately available funds whenever exceptional circumstances are shown. In the event this waiver is granted by the City Clerk, the City Clerk shall enter in the official records of the City an explanation of the circumstances under which the waiver was granted.
[CC 1985 §14-102; Ord. No. 523, 6-21-1976; Ord. No. 1064, 8-16-1999; Ord. No. 1149 §26, 8-19-2002]
A. 
The parties desiring water service, in front of whose premises there is a main water line, shall pay a service connection fee at the time application is made, according to the size of pipe required, as set forth in Section 100.240.
B. 
In addition to the connection fee heretofore specified, where pipe larger than one (1) inch in size is required or the connection is made under unusual circumstances involving greater than normal costs, the parties shall, as soon as the work has been completed, pay any excess of the cost of the labor and material over the connection fee paid at the time the application was made.
[CC 1985 §14-307; Ord. No. 567, 12-5-1977; Ord. No. 1149 §27, 8-19-2002; Ord. No. 1347 §1, 6-7-2010; Ord. No. 1481 § 1, 11-21-2016]
A. 
Existing Service Connection Fee. There shall be a connection fee for any and all new and transferring utility customers of pre-existing service connections as set forth in Section 100.240. Unless same day service is requested, new and transfer connections shall occur the next business day.
B. 
Additional Fees. In addition to the connection fee, there shall be charges as set forth in Section 100.240 for same day service calls.
C. 
New Development Distribution Connection Fee. There shall be, in addition to all other fees prescribed by this Code, an installation fee for electric distribution facilities necessary to serve the anticipated load of each new residential subdivision in the City. Such fee shall be computed: (1) on a per lot basis for each new single-family buildable lot of a size less than five (5) acres, and (2) on a per meter basis for each new multi-family residential living unit not requiring any special or unusual components (herein "conventional residential distribution systems"). Such fee shall be payable prior to the initial construction of any distribution system necessary to serve any designated phase of a platted or planned unit development with the City. Such fee shall be billed at the rate set forth in Section 100.240.
D. 
Unconventional Residential Development And Commercial Development. The Utility Distribution Director shall be responsible for the calculation of any differential in cost between a conventional residential distribution system described in 700.080(C) and a more specialized distribution system necessary to serve a commercial development or unconventional residential development (including any additional or specialized lines, phase, distribution configuration, transformers or poles). Any such differential shall be due and owing at the same time as the new development distribution connection fee required by Section 700.080(C). Any person aggrieved by the Utility Distribution Director's determination in this regard may appeal the decision to the City Council.
[CC 1985 §14-203; Ord. No. 176 §4, 1-17-1955; Ord. No. 1058 §700.090, 5-3-1999; Ord. No. 1149 §28, 8-19-2002]
A. 
Security deposits required for guarantee of payment of utility bills shall be according to the size of meter required. Such deposits shall bear interest at the rate as set by the State Corporation Commission and will be refunded to the customer whenever the utility service is discontinued; provided that if any amount shall be due and unpaid for at the time service is discontinued, or the meter furnished shall be damaged in any way except by ordinary wear, the whole of such deposit or so much thereof as is necessary to pay the amount due the Utility Department shall be deducted from said deposit. The deposit required shall be as set forth in Section 100.240.
B. 
Meter Deposit Refund. After making either an initial or additional deposit as hereinabove provided, if a customer makes satisfactory timely payments by the due date for twelve (12) consecutive months following the payment of said deposit, then the customer may make written request upon a form provided by the City for the return of either the initial or additional deposits.
[CC 1985 §14-104; Revised, 1961]
The City Clerk, upon receiving an application as hereinbefore provided, if the same is in proper form, and receiving the required connection fees and advance payments and the customer's deposit as provided in this Code, shall issue a permit to the person or persons applying for the same to connect with the municipal water system or electric system.
[R.O. 1924 §93; CC 1985 §14-105; Ord. No. 1388 §1, 1-16-2012; Ord. No. 1481 § 2, 11-21-2016]
A. 
Metering Requirement. Except for certain private unmetered security lights described below and temporary construction meters, all water and electricity furnished by the municipal water and electric systems of this City to private persons or businesses shall be measured by meters furnished by the City for that purpose.
B. 
Temporary System Service; Procedure And Fees. Where system services with respect to a given electric and/or water meter have been disconnected such that there is not a current established customer for such meter(s), a request may be made, in writing, to the City for the establishment of temporary service on one (1) or more meters, not to exceed four (4) hours. The purpose of such temporary provision of system services shall be limited to property inspections or other similarly limited purposes in which the consumption of any utility is restricted to that required to be used in connection with the specified limited purpose. Any request for such service must be made, in writing, at least one (1) full business day prior to the requested connection, and must specify:
1. 
The meter or meters to be connected,
2. 
The date and time of the connection, and
3. 
The anticipated necessary duration of the connection (not to exceed four (4) hours).
As a prerequisite to any temporary connection of the requested system services, a per-meter fee (including any applicable taxes) shall be charged and collected by the City as set forth in a fee schedule available at the City offices (as allowed by item YY of Section 100.240 of the Code), which may, from time to time, be amended by the City. Further, should any measurable consumption of any system service occur during the requested temporary connection, the person requesting the service shall be billed for such usage at the current commercial rates.
C. 
Security Lights. Citizens may request a private unmetered security light be placed upon poles on or adjacent to their property, provided the same are deemed feasible by the Utility Distribution Director. Such security lights shall be billed to utility customers on a monthly basis at the rates and charges from time to time in effect and as set forth in Section 100.240.
[R.O. 1924 §94; CC 1985 §14-106]
All taps shall be driven, street excavations made, corporation cocks inserted, pipes installed from main to curb, curb cock installed in an iron box to which the service pipe is to be connected, meters and switches installed and connections made with wires by the City employees only.
[CC 1985 §14-107; Ord. No. 586, 8-21-1978]
Unless special permission is granted by the Superintendent of the water and electrical plant, each premise shall have a separate and distinct service connection, and where permission is granted for branch services, each service must have a cut-off; provided however, that in the event the Superintendent of the water plant grants special permission, a minimum water charge and sewer fee shall be charged for each individual cut-off installed or properties zoned and utilized as commercial or businesses.
[R.O. 1924 §96; CC 1985 §14-108]
No one except regular employees of the Water and Electric Departments of this City or persons licensed as plumbers or electricians shall do any plumbing or wiring work on any pipes or wires connected or to be connected to the municipal water or electric systems.
[R.O. 1924 §97; CC 1985 §14-109]
No excavation made by a plumber in public ground shall be kept open longer than is absolutely necessary to make the connections required and while open, shall be protected by suitable barriers, guards and lights as provided in the ordinances of this City, and backfilling shall be thoroughly compacted and left in a condition satisfactory to the Street Commissioner. Where such excavation is in an unsatisfactory condition, the Street Commissioner shall repair it and the cost thereof be charged to the plumber, and his/her license will be suspended unless said sum is paid.
[R.O. 1924 §103; CC 1985 §14-115]
The cost of original installation of all plumbing and wiring services and devices and all extensions hereafter made to such services as well as all repairs to the same shall be borne entirely by the consumer although such services and devices shall at all reasonable times be subject to inspection by duly authorized officials of the Water and Electric Departments of this City. Repairs found to be necessary by such officials shall be made promptly by the consumer or the City will discontinue service.
[CC 1985 §14-116; Ord. No. 176 §3, 1-17-1955]
Parties desiring water service in front of whose premises there is no water line shall assume the cost of running a pipe line from a service tap as made by the Water Department to their premises in addition to the connection fees and advance payments herein provided.
[R.O. 1924 §104; CC 1985 §14-117; Ord. No. 176 §3, 1-17-1955]
Every consumer shall provide a suitable place where a meter can be installed. All water and electric meters shall be located outside of buildings except in those cases where it is more advantageous to the City that the meter be located at a point determined by the City. The City shall install and maintain the same, and if at any time the consumer desires to have the meter tested for accuracy, the same shall be done by the City and a fee of thirty-five dollars ($35.00) charged therefor to the consumer if the meter registered ninety-seven percent (97%) or more accurate. If the meter registers less than ninety-seven percent (97%) accurate, it shall be replaced and repaired before installation on another service, and no charge shall be made.
[R.O. 1924 §105; CC 1985 §14-118; Ord. No. 1149 §29, 8-19-2002]
A. 
For the purpose of reading meters, duly authorized employees of the Water and Electric Departments of this City may legally enter upon any premises at any reasonable hour.
B. 
Whenever any user fences or otherwise encloses the electric meter, he/she shall purchase a gate lock from the City at a rate as set forth in Section 100.240.
[CC 1985 §14-120; Ord. No. 701, 10-18-1982; Ord. No. 716, 5-16-1983; Ord. No. 1058 §700.220D, 5-3-1999; Ord. No. 1149 §30, 8-19-2002; Ord. No. 1245, 12-4-2006; Ord. No. 1347 §2, 6-7-2010; Ord. No. 1585, 8-19-2024]
A. 
The City hereby reserves the right to discontinue service to any or all customers of municipal water, sewer and electrical systems without notice when the same is necessary for the repair of the system.
B. 
Billing shall be mailed on or before the 25th day of each month, or the next business day thereafter, for the previous month's service. Payment of utility billings shall be due upon the close of business on the 5th day of the month following the date of mailing. To the extent not otherwise provided by this Code, a one-time five percent (5%) late fee will be charged and become due and owing on the unpaid balance of any utility account for which payment is received after close of business on the 5th day of the month following the ordinary billing cycle. If the City does not receive a customer's payment within five (5) days of the billing due date (prior to the 10th of the month), the City shall mail such customer a delinquency and termination notice. If the City does not receive a customer's payment prior to 8:00 A.M. on the 10th day after the date of the mailing of such delinquency and termination notice (ordinarily prior to 8:00 A.M. on the 20th of the month), or the next business day thereafter if the 20th: (i) is not a business day, or (ii) if it is a Friday or other day on which City Hall closes before 5:00 P.M. (the "disconnect date"), the City shall terminate and disconnect such customer's utility service for which payment is past due.
C. 
The delinquency and termination notice mailed subsequent to the identification of delinquent bills shall provide the customer of record with the following information:
1. 
Name and address where service is being provided;
2. 
Account number;
3. 
Amount past due;
4. 
Notice that service shall be terminated upon failure to pay the delinquent billing prior to the disconnect date and that payment after 8:00 A.M. on the disconnect date will not avoid termination or related fees;
5. 
Notice of the utility administrative fee due if payment is not received by the City prior to the disconnect date;
6. 
Notice that the customer may request, no later than the close of business three (3) business days prior to the disconnect date, a hearing with respect to its past due bill.
D. 
If the City does not receive a customer's payment on its past due utility bill prior to the disconnect date, such customer shall be charged an additional utility administrative fee in the amount set forth in Section 100.240. If a customer's utility service is disconnected for non-payment and a customer requests reconnection to occur before 8:00 A.M. or after 2:45 P.M. on any business day, or anytime on Saturday, Sunday or holidays, such customer shall be charged an additional after hours reconnection fee in the amount set forth in Section 100.240. Payments received after the close of City Hall on any business day shall be deemed to require after hours reconnection unless such customer specifically requests reconnection to occur between 8:00 A.M. and 2:45 P.M. on the next regular business day. Upon the issuance by the City of a customer's second (2nd) disconnection order for non-payment within a twelve (12) month period and upon each subsequent disconnection order, such customer shall deposit with the City (in addition to any applicable utility administrative fee and after hours reconnection fee) an additional deposit in an amount equal to the highest residential or commercial deposit (as appropriate) currently being charged by the City as set forth in Section 100.240. With respect to residential customers, the City shall collect such additional deposits until such time as the customer's total deposit amount on record reaches one thousand two hundred dollars ($1,200.00). This deposit cap shall not apply to commercial utility accounts, which shall have no such cap. All delinquent bills, service charges, fees and deposits shall be paid before any disconnected utility service will be reconnected.
E. 
Any customer whose utility bill is past due may request a hearing with respect to such past due bill. The request for hearing must be made no later than the close of business three (3) business days prior to the disconnect date. Such hearings will be conducted by two (2) or more of the following representatives:
1. 
Utility Distribution Director;
2. 
Utility Billing Clerk;
3. 
City Clerk;
4. 
City Administrator;
5. 
Mayor;
6. 
Other representatives as may be appointed by the Mayor.
If a hearing is requested under this Section and such hearing cannot be held by the City prior to the disconnect date, the representatives to preside over such hearing may, in their sole and absolute discretion, postpone termination of service despite such customer's continued utility bill delinquency. No such extension may exceed fifteen (15) days from the disconnect date.
F. 
Utility departments of the City are hereby authorized to discontinue and disconnect utility services to any customer who shall be delinquent in payment of utility bills. Customers shall remain responsible for furnishing the departments and the City with the correct address for billing purposes.
[CC 1985 §14-121; Ord. No. 642, 10-20-1980; Ord. No. 1149 §31, 8-19-2002]
A. 
Any person, association, corporation or partnership desiring to drill a private water well within the City limits of the City of Mulvane or those not within said City but connected to the municipal water utilities services shall first secure a permit from the City Clerk for drilling said well. Said permit shall disclose the exact location of said well and the avowed purposes for said well.
B. 
In the event said well furnishes water to any portion of the residence or building within the City limits wherein City water is used, an appropriate check valve as hereinbefore specified shall be utilized. There shall be a permit fee as set forth in Section 100.240 for any person, association, corporation or partnership desiring to drill said well.
[CC 1985 §14-124; Ord. No. 974, 8-15-1994]
A. 
Where the monthly water bill of any user of the public water of Mulvane, Kansas, is above normal due to a consumer leak, the head of the Water Department may allow an adjustment based on the previous twelve (12) month average. Upon establishing a twelve (12) month average, the consumer is obligated to pay their own average based on the current rates established. The consumer is also obligated to pay for the additional water usage over their established average at the current City rate. Any difference in the amount to be paid by the consumer and the amount billed for the billing period shall be the credit adjustment allowed.
B. 
If the consumer has not established a twelve (12) month average any adjustment shall be based on the City average water usage. The consumer is obligated to pay the City average based on the current rates established. The consumer is also obligated to pay for the additional water usage over the City average at the current City rate. Any difference in the amount to be paid by the consumer and the amount billed for the billing period shall be the credit adjustment allowed.
C. 
No adjustments shall be made until a representative of the Water Department determines that the excessive bill was due to a consumers leak and said leak has been satisfactorily repaired; provided however, that no adjustment shall be made where water-cooled air-conditioning equipment is used.
D. 
In individual cases where the indicated consumption for one (1) billing period is abnormally high, and the Water Department can find no possible explanation for such consumption, the head of the Water Department may allow an adjustment through the best practical method.
E. 
No bill adjustment shall be extended to the same customer more than once during a twelve (12) month period.
[CC 1985 §14-125; Amended Ord. No. 783, 3-17-1986]
Any residential subscriber who moves from one residential address within the City to another residential address within the City during the same calendar month shall be, upon application to the Superintendent, entitled to pro-rate the utility charge for such month for utility services delivered to any two (2) such locations within that month and such residential subscriber shall not be liable for double payments.
[Ord. No. 1525, 4-20-2020]
Notwithstanding the monthly utility billing requirements for all residential users of: (1) water under Section 700.260, (2) electricity under Section 700.290, (3) sanitary sewer under Section 715.040, and (4) storm water sewer under Section 720.015 (or such other similar or replacement provisions of the Code applicable to residential customers), the Governing Body of the City may from time to time (but shall not be required) to approve, in writing, a system of monthly payments aimed at "averaging" or "leveling" the monthly costs for residential users. Any such programs shall be in writing and shall require that such payment imbalance (when compared to the otherwise ordinarily required payments) shall be brought current to a balance of "zero" at least once each calendar year. Such system shall otherwise be subject to such participation requirements that are from time to time outlined, established or adjusted by the City's Governing Body.
[Ord. No. 1525, 4-20-2020]
Upon the occurrence of a declared national, State, or local emergency by the President of the United States, Governor of the State of Kansas, or Mayor of the City, the Governing Body of the City may temporarily relieve, discontinue or temporarily forgive any and all late fees or charges and additional deposits otherwise establish by this Code and otherwise collected by the City to secure payment for its utilities, including, but not limited to: (1) utility late fees established by Subsection (B) of Section 700.220 of the Code, (2) utility late payment notice administrative fees established by Subsection (D) of Section 700.220 of the Code, (3) additional utility deposits required for multiple disconnections by Subsection (D) of Section 700.220 of the Code, (4) gross monthly bill electric charges established by Subsections (E) and (F) of Section 700.290, Subsections (C) and (D) of Section 700.300, and Subsections (F) and (G) of Section 700.310, (5) sewer penalty fees incorporated by Section 715.050, and (6) storm drainage late charges incorporated by Subsection (C) of Section 720.015. Nothing in any of this Section shall be deemed to waive or relieve any such fees or charges for an individual or group of utility users in the absence of the express approval of the Governing Body of the City.