ORDINANCE NO. 815

April 23, 2025

ORDINANCE NO. 815

AN ORDINANCE REPEALING ORDINANCE NO 810 REGULATING WATER RATES AND SERVICES OF THE MUNICIPAL WATER WORKS OF TRIBUNE, KANSAS, PROVIDING FOR INSTALLATION CHARGES, METER DEPOSITS, ASSESSMENT OF LATE CHARGES ON DELINQUENT WATER ACCOUNTS, TERMINATION OF SERVICE, HEARING PROCEDURE FOR TERMINATION OF SERVICE DUE TO NON-PAYMENT, THE PROHIBITION OF UNAUTHORIZED TAMPERING WITH MUNICIPAL WATER METERS AND PROSCRIBING PENALTIES FOR VIOLATIONS THEREOF.

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF UNIFIED GREELEY COUNTY, KANSAS

SECTION 1. The following monthly rates are hereby established for each water meter:

     For meters less than 2” there will be a $20.00 charge

     For meters 2” and above there will be a $40.00 charge

SECTION 2. The following monthly rates are hereby established for water usage:

     Consumers within Municipal Service District (City Limits):

     $5.00 per thousand gallons.

     Consumers outside the Municipal Service District (City Limits):

     $7.50 per thousand gallons.

The Board of Supervisors shall have the authority to determine and fix water rates, for any and all consumers who are not covered by the above provisions and may refuse or deny service to any person, corporations or entities outside the Municipal Service District. All such rates shall be fixed by ordinance of the Board of Supervisors.

SECTION 3. No exemptions for monthly water service charges shall be allowed, with the exception of municipally-owned properties and Golden Wheat Village. This section repeals any prior exemption-related policies and/or resolutions.

SECTION 4. Every applicant for water service shall pay the following connection fees charged when establishing water services for each new consumer or property:

     $20.00 for each meter less than 2”

     $40.00 for each meter 2” and above.

SECTION 5. The installation charge per water installation shall be the actual cost of the meter, pipe, other materials, excavation and connection to the main. In all instances the costs of meter installation, including street repairs, are to be borne by the property owner. The costs of the street repairs charged to the property owner will be at the Municipal Service District’s cost of such repairs plus fifteen percent (15%). No part of the installation charge shall be refunded to any use by the Municipal Service District and upon non-use or upon non-payment of water service charges on the part of the user, the Municipal Service District may remove such meter and close the connection to the water main.

SECTION 6. All monthly water service charges shall be due and payable on or before 15 days after the billing date. All such service charges not paid by the 15th day after the billing date as hereinbefore provided shall be subject to a late charge often percent (10%) of the service charge.

SECTION 7. In the event any monthly water service charges shall remain unpaid after the 25th day following the billing date, the Municipal Service District shall disconnect the meter of such

delinquent user and There shall be the following disconnection fees charged when terminating water services:

     $20.00 for each meter less than 2”

     $40.00 for each meter 2” and above.

Upon payment by the user of the delinquent water charge, and a reconnection charge of $50.00, the Municipal Service District may reconnect such meter and restore service to such user.

SECTION 8. In the event any monthly water service charges are due and payable but not yet delinquent pursuant to SECTION 6 herein, the customer may request from the Utility Administratoran extension of time within which to pay the said water service charges and avoid termination of service. Said request shall be made in writing and received by the Utility Administrator not later than fifteen ( 15) days after the billing date. Any such extension shall be conditioned upon the following: ( 1) Each monthly water service charge during the extension period must be paid when due: (2) A minimum of twenty-five percent (25%) of the monthly water service charge which is the subject of the request (extended payment) must be paid on each succeeding monthly payment due date until the customer’s account is brought current; (3) A late charge often percent (10%) of the service charge shall be assessed each month against the unpaid balance, pursuant to SECTION 6 herein, until the customer’s account is brought current: and (4) Failure to pay any monthly water service charge extended payment during the extension period shall result in termination of service as herein provided. Any longer or additional extensions of time must be approved by the Board of Supervisors. 

SECTION 9. In the event more than one ( 1) residence or business establishment, whether separate structures or a single structure, are supplied with water service through a single meter, the monthly water service charges shall be billed to the owner of such property. The owner of the property on which any meter is installed shall be liable for the payment of any delinquent water or service accounts and in the event such delinquent accounts shall remain unpaid the Municipal Service District shall not reinstate any water service to said property until such delinquent accounts are paid in full.

SECTION 10. In all instances where there now exists, or shall hereafter exist, provisions of statute or ordinance, or both, for the termination of utility service, or other services, provided by the Unified Greeley County Municipal Service District, because of the failure of any customer, or other person or entity legally liable for payment, to pay the lawful cost of such utility or other service, and is discontinued the procedure herein provided shall be followed.

SECTION 11. A delinquency and termination notice shall be issued by the Utility Administrator within ten (10) days after the delinquency occurs and mailed to the customer (and a copy also mailed to the occupant of the premises serviced if the occupant is not the customer) at the last known address as shown on the records of the Municipal Service District. The customer and occupants shall be responsible for advising the Utility Administrator of current addresses. The notice shall indicate (1) The amount due, plus penalty and interest, (2) The type of service and the date on which such service will be terminated if the amount due is not paid (such date to be not less than ten (10) days from the date of the notice), (3) The customer’s right to a hearing before an officer designated by the Municipal Service District, designating the officer and the place of such hearing, if requested, and ( 4) That such hearing must be requested in writing, filed with the Utility Administrator, at least three (3) working days (Saturdays, Sundays and holidays excluded) before the date for termination. Upon receipt of a request for such hearing, the Utility Administrator shall immediately advise the applicant-customer of the date and the time of the hearing.

SECTION 12. If the officer before whom the hearing is held shall find service should not be terminated, he or she shall so order and advise the public works director. If the officer finds service should be terminated, he or she shall so order and service shall be terminated three (3) days from the date of the order, and the customer shall be notified in person, or by posting notice on the premises, or by mail, unless such order is made at the hearing in the presence of the customer. Extension of the termination date, up to ten ( 10) days from the order, may be granted by the hearing officer for good cause shown.

SECTION 13. The applicant-customer, and the Municipal Service District, may present such evidence as is pertinent to the issue, may be represented by counsel, may examine and cross-examine witnesses, but formal rules of evidence shall not be followed.

SECTION 14. Hearings may be conducted by the Board of Supervisors.

SECTION 15. If, upon inspection at the request of the applicant-customer, the public works director determines that a leak has occurred beyond the meter to the applicant-customer’s property (on the applicant-customer’s side of the meter), the charge of all water metered through said meter, including water lost through such leak, shall be due and payable by the applicant-customer as hereinabove set forth. However, if a monthly water service charge exceeds by $150.00 the applicant-customer’s average monthly water service charge for the six (6) months immediately preceding the discovery of the water leak, then in that event the applicant-customer may request from the Utility Administrator a six (6) month extension to pay the balance of the delinquent payment due. Provided, however, the applicant-customer must pay a minimum of one-sixth (1/6) of the delinquent payment due together with the current monthly water service charge each month until the delinquent balance is paid in full. A longer extension of time must be approved by the Board of Supervisors. Failure to pay any monthly water service charge during the extension period shall result in termination of service as hereinabove provided. No late charge shall be assessed to the applicant-customer during the extension period provided that each monthly water service charge is paid as provided herein.

SECTION 16. In the event any person, firm, corporation, association, political or governmental unit, the same being a water service consumer hereinunder, shall fail, neglect, or refuse to pay the monthly water service charge fixed herein, such charges shall constitute a lien upon the real estate served by a water service connection and shall be certified by the Utility Administrator to the Unified Clerk of Unified Greeley County, Kansas, to be placed on the tax rolls for collection, subject to the same penalties and collected in a like manner as other taxes are by law collectible.

SECTION 17. No person shall knowingly and intentionally in any manner tamper with, nor allow through neglect or otherwise another person to tamper with, any water meter belonging to Unified

Greeley County Municipal Service District and installed for the purpose of measuring water supplied to any consumer therefrom. 

Only persons employed or authorized by the Unified Greeley County Municipal Service District may install, remove, tum on, shut off, adjust or handle in any manner water meters belonging to said Municipal Service District. 

Any person who is found to have violated any of the provisions of this Section for which a penalty is not otherwise provided shall, upon conviction thereof, be fined an amount not exceeding $100.00 or imprisoned for a period not exceeding one (1) month, or both so fined or imprisoned. In addition,such person shall be liable for any actual damage to the meter, pipe or fittings tampered with and for any water consumed or lost because of such tampering.

SECTION 18. Ordinance Nos 618,664,667,669,688, 712, 726, 784,793,803, and 810 are hereby repealed.

SECTION 19. This Ordinance shall take effect June 1, 2025 and from and following its publication in the official newspaper of Unified Greeley County as provided by law.

Passed and adopted this 14th day of April, 2025.

BOARD OF SUPERVISORS OF UNIFIED GREELEY COUNTY, KANSAS

Steve Mangan, Chairman

Alan Waggoner, Supervisor

Stan Shafer, Supervisor

Monty Moritz, Supervisor

Scott Steele, Supervisor

ATTEST:

Jerri Young, Unified County Clerk