CITY OF CHERRYVALE
AN ORDINANCE AMENDING THE RULES AND REGULATIONSOF UTILITY SERVICE ACCOUNTS



ORDINANCE NO. 08-4561

4-225. NON-PAYMENT OF WATER BILLS; NOTICE.

(a) An account delinquency and service discontinuance notice shall be issued in writing on the 11th day of the month, or the next business day following the 11th, with respect to any delinquent and unpaid water service bill. Notice shall be sent by U.S. Mail, first class, to the customer (and a copy shall also be sent by U.S. Mail, first class, to the occupant of the premises serviced if the occupant is not 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 by an employee of the City Public Works Department or by any City Law Enforcement Officer, or by such City Employee posting the written notice upon a door of a building of the property serviced.

(b) The notice of account delinquency and service discontinuance shall provide the following information:
(1) Name of customer and address where service is being provided;
(2) Account number;
(3) Amount past due, including delinquency charges;
(4) Notice that water service shall be terminated upon failure to pay the delinquent billing plus delinquency charges by the 21st of the month or the 1st business day following the 21st.
(5) Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the City.

(c) Deleted.

(d) Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection. The hearing shall be conducted by the City Administrator or such other hearing officer as may be appointed by the City Administrator. In the event the hearing officer finds water service should not be discontinued, the hearing officer shall so order and advise the City thereof. In the event the hearing officer finds water service should be discontinued, the hearing officer shall so order and advise the City thereof. Unless otherwise ordered by the hearing officer, water service 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. In making a determination of whether discontinuance should be ordered, the hearing officer shall consider, but not be limited to, the following factors:
(1) whether discontinuance is dangerous to the health of the customer;
(2) the customer's family or any other residents of the premises affected;
(3) the weather;
(4) unforeseen financial hardship of the customer; and
(5) the medical conditions, ages or disabilities of the customer, the customer's family or other residents of the premises.

4-227. LIEN UPON CUSTOMER'S PROPERTY.

In the event any person shall neglect, fail or refuse to pay by the 21st of the month, or the following business day, the water and sewer billings and delinquency charges due the City, such billings and charges shall constitute a lien upon the real property served by the connection to the water meter, and shall be certified by the City Clerk to the County Clerk of Montgomery County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible or sent to the State of Kansas Set-Off Program.

4-229. DELINQUENCY ACCOUNT CHARGE.

All water and sewer service account balances are due and payable no later than the 10th day of each month following the delivery of such services. All water and sewer service account balances which remain unpaid as of the 10th day of the month shall be subject to a late payment charge at the rate of 10% of the unpaid balance for such water and sewer service charges. All checks for payment to the City for such services which are rejected or returned due to insufficient funds in customer's checking account shall be subject to a thirty ($30.00) dollar Insufficient Fund Check Fee and said fee shall be paid to the City Clerk. If said fee is not paid as provided, the customer's water service shall be discontinued as provided in Section 4-203.


REPEAL. All other ordinances in conflict herewith are hereby repealed.

EFFECTIVE DATE. This ordinance shall take effect and be in force upon its publication in the official city newspaper.

PASSED AND APPROVED by the Governing Body of the City of Cherryvale, Kansas, this 19th day of May, 2008.

City Council Action Report May 19, 2008

1. Annual Appointments
a) Reappointed Matt Dennis--Police Chief
b) Reappointed Ron Davis--Fire Chief
c) Reappointed Rebecca Anderson--City Clerk
d) Reappointed Pauline Burnor--City Treasurer
e) Reappointed John Bullard--City Attorney
f) Reappointed Richard Medley--Municipal Judge
2. Appointed Artie Hopkins to the Library Board.
3. Appointed Wade Webber as the Public Agency Director to Public Wholesale Water Supply District #4, and Jerry Wallace as the alternate.
4. Approved five revised condemnation resolutions.
5. Revised an ordinance dealing with Governing Body Laptops to allow a one-time payment.
6. Passed Ordinance 08-4561 concerning Utility Account Delinquencies.
7. Approved a bid from Dean's Home Repair for $22,277.36 for the second phase of the City Hall remodel. This remodel will expand the police department, while adding safety and security to the building.
8. Directed City Staff to begin the grant process for a housing rehab grant.
9. Approved a bid from Fink transportation to replace the transmission in the 1987 Top Kick Dump truck for $3,456.
10. Passed Ordinance 08-4560 rezoning property on Olive Street from R1 to A1.
11. Authorized City Administrator Trey Cocking to sign a contract selling city property to Vision Woodworks for future expansion.