The rates and regulations hereinafter set forth shall constitute and be considered a part of the contract with every person, company, firm or corporation supplied with gas from the gas system of the City, and every person, company, firm, or corporation, hereinafter called the customer, who accepts and uses gas shall be held to have consented to be bound thereby.

(Code 1988; Ord. 1478)

(a)   The applicant for a connection permit shall, at the time of applying for the permit, pay to the City clerk a fee of $100.00.

(b)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, desiring any type of gas service and situated within the City abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near natural gas mains, is hereby required at his or her own expense to make connection to such public natural gas main.

(c)   All new construction desiring any type of gas service must install an Excess Flow Valve (EFV) per Federal Statue.  The cost of the EFV and installation shall be the customers responsibility.

(d)   Existing customers may request an EFV be installed in a service line providing natural gas to the meter.  The main purpose of an EFV is to reduce the risk of a release of natural gas caused by excavation damage to the service line between the point of connection to the main and the meter. An excess flow valve will not prevent or stop leaks that might occur downstream of the meter. Not every service can accommodate an EFV. Installation costs shall be the responsibility of the property owner.

(e)   14-301.1 (a) and (b) are subject to the Federal Statue.

(f)    The property owner shall be solely responsible for obtaining and paying for all permits required by the City or other government or regulatory agency necessary for the installation and/or maintenance of gas service pipe.

(Ord. 1332; Code 2017; Ord. 1478)

It is unlawful for any person to use or store liquefied petroleum gasses within the city limits, except as follows:

(a)   In connection with the temporary use by an owner or occupant of a recreational type vehicle or mobile unit which is equipped with mounted liquefied petroleum gas storage tanks and having no more than two 100-pound tanks; or

(b)   Propane-powered vehicles; or

(c)   In connection with the use of a gas grill or domestic cooking unit located and used outside of a structure; or

(d)   The use by construction companies and contractors for temporary installation on a building site shall not be prohibited.  This temporary installation shall in no case exceed 45 days and must be approved by the fire chief; or

(e)   Any existing liquefied petroleum gas storage tank shall be allowed to remain until such time as the use of that storage tank is discontinued.  Once usage is discontinued, the tank shall be removed and cannot be replaced.

(Ord. 1332; Code 2017)

All applications for gas service shall be made in writing on a contract blank furnished by the City, stating full and truly the purpose for which the services are required.

(Code 1988)

(a)   Gas Service Installation.

(1)   For Services Within Boundary Lines of The City Limits.

(A)  The City shall install and maintain gas service lines from the laterals or mains to the first building wall of the property to be served with gas.  The property owner shall pay the initial costs for materials and labor required by the City or other government or regulatory agencies for the installation of the gas service pipe, riser, meter, and piping to the first building wall. After initial installation, the City shall pay the cost of labor with the property owner to pay the cost of the materials to the first building wall.

(2)   For Services Outside Boundary Lines of The City Limits.

(A)  The City shall install and maintain gas service lines from the laterals or mains to the first building wall of the property to be served with gas.  The property owner shall pay all initial costs for materials and labor required by the City or other government or regulatory agency for the installation of the gas service pipe as well as all forthcoming maintenance costs for material and labor.

(3)   For Services Within and Outside Boundary Lines of the City Limits.

(A)  The City reserves the right to authorize the subcontracting for any portion thereof including, but not limited to, piping, fitting, appliances, connections, trenching, boring, road boring, labor services and materials necessary for the installation and/or maintenance of the gas service pipe to the first building wall.  No work of any kind on any City gas line shall be performed by any private individual or contractor without prior approval from the City of La Cygne. All gas contractors or individuals must be certified, provide a certificate of liability, and be in a drug and alcohol plan.  No installation or maintenance of gas service pipe by a City approved private individual or contractor shall be covered and made ready for use without testing, inspection, and approval by the City of La Cygne or designated City Gas Representative.

(B)  The installation, repair and restoration of gas piping, fitting, appliances, and connections, shall be done and performed in full compliance with the following: Any newly installed gas service line or replaced gas service line running from the curb or property line to the first building wall shall not be less than one half (1/2) inch in diameter, with actual size to be determined by Public Works Superintendent and/or designated City Gas Representative and must enter all buildings above the ground level; Any gas line repaired and/or restored from the curb or property line to the first building wall shall meet state KCC standards and shall enter all buildings above ground level; Any time there is any installation, repair, replacement or restoration of gas service line performed in accordance to this subsection (e), tracer wire or tracer tape shall be laid no less than one foot above the gas line, with one end connected, but not welded, soldered, or otherwise permanently attached, to the meter riser, and with the opposite end connected, but not welded, soldered, or otherwise permanently attached to the first building wall riser.

(b)   Testing Responsibilities for Installation.

(1)   Before any system of gas piping is put into service, it shall be carefully pressure tested to assure that it is gas tight.  To test for tightness, the piping may be filled with the City gas, air, or inert gas but not with any other gas or liquid.  The test shall be conducted in accordance with the standards adopted by applicable regulatory agencies and the standards established by the gas superintendent or designated City Gas Representative.

(2)   If the system of gas piping meets the required test, the City will set the gas meter and thereafter the City shall not be held responsible for any leaks or malfunctions of the customer’s system of piping from the meter to the first building wall.

(3)   Public Works Superintendent or City employee shall not light any pilot light.

(Ord. 1187; Ord. 1249; Ord. 1276; Ord. 1406; Code 2017; Ord. 1478)

(a)   Location of gas meters shall be at the discretion of the City of La Cygne.  In all instances, meter settings shall be arranged to permit access to the same during the ordinary business hours by the meter reader for the City. The owner of the property served by a gas line(s) shall be the owner of the line(s) upon his property from the first building wall and shall be responsible for and shall keep all service pipes and fixtures in good repair and free from leaks. In the event the owner of the property served by a gas line(s) fails to keep the line(s) in good repair and free from leaks the City may, with or without notice, discontinue service to the property. All lines, meter settings and loops shall be constructed in accordance with the standards established by the City. The City shall install all meters and loops necessary to connect the gas service pipe to the gas service line and the property owner will be charged the cost of labor and material used for the setting or replacing of a gas meter and all loops, stops, and valves necessary and appurtenant thereto. After the installation, the City shall maintain all loops, stops, and valves so installed.

(b)   The size and type of meter to be used in an individual hookup, either residential or commercial, will be at the discretion of and approved by the city or its authorized representative. The city may also require, at its sole discretion, other hookup requirements relating to the metering of gas such as electro-correctors, etc.

(Code 1988; Ord. 1187; Ord. 1198; Ord. 1406; Code 2017)

(a)   The rates for gas consumed shall be according to the metered quantities and shall be paid for at such rates as may be provided for hereinafter.

(b)   Only one residential dwelling shall utilize a residential meter.

(c)   All dwellings and buildings shall utilize one (1) meter a size acceptable and approved by the City.

(Code 1988; Ord. 1478)

All money received for gas service shall be kept in a separate fund and all warrants for the purchase of gas expenses of operating, extending and maintaining the gas system shall be paid from such fund.

(Code 1988)

(a)   All applications for gas connections for gas service shall be accompanied by a deposit in the amount of not less than $200.00 for residential and $350.00 for commercial.

(b)   After two (2) years have elapsed and the residential owner has complied with all the rules and regulations provided herein, and has promptly paid for all gas used when the same has become due and payable, the City clerk is hereby authorized to refund the property owner the deposit so made with interest as by law provided.  Further, an established residential owner who has had continuous service for more than two (2) years preceding the filing of a new application may make application for service at a new location without the necessity of a deposit.  In the event a customer fails or refuses to pay for gas consumed when the same becomes due and payable, then the City clerk shall apply the deposit so made in payment of gas consumed by the customer, and any surplus remaining shall be returned to the customer, and further service shall be discontinued as provided by ordinance.

(c)   The City clerk shall credit the funds from all deposits as herein provided in a special fund to be known as the meter deposit fund.

(d)   All matters concerning deposits of customers outside the three-mile area shall comply with the State Cooperation Commission of Tariffs.

(Code 1988; Ord. 1187; Ord. 1286; Code 2017; Ord. 1478)

(a)   Gas meters shall be read by the City meter readers as nearly as practical to do so at intervals of not less than thirty (30) days unless extended by motion duly passed by the City Council and when read at such intervals, such period shall be construed to be one month.  The City clerk shall notify each customer of the amount due for his service, and each gas service bill shall be due and payable within fifteen (15) days after billing at the office of the City clerk in the City Hall.

(b)   If any customer of gas fails or refuses to pay for gas consumed promptly when the same comes due and payable as herein provided, penalty of 10% of the amount of the charge for gas consumed shall be added to the delinquent account and collected in the same manner as now provided for the collection of the charge of gas consumed.  If the account is not paid within 15 days from the date when the same becomes due and payable as provided herein, the City clerk shall serve a delinquency and termination notice upon the customer by mailing the same to the name and address as shown on the application for utility service. Such notice shall provide the customer with the following information.

(1)   The amount due on the unpaid balance;

(2)   Notice that gas service will be terminated in not less than 15 days if the bill remains unpaid.  The City clerk and or City treasurer, for good cause shown, may extend the termination date.  The Superintendent or other City employee shall discontinue service until said unpaid bill and billing to the date of termination along with a $50.00 meter reconnection fee for restoring gas service is paid.

(c)   Customers outside the three-mile area shall comply with the State Corporation Commission of Kansas on all matters concerning collection, billing, and disconnection.

(d)   In addition to terminating gas service, the governing body may elect to assess such delinquent charges as a lien upon the real estate service and the City clerk shall certify such delinquent charges to the County clerk to be placed on the tax roll and collected in the manner as other taxes are collected.

(e)   Deceased account holder. Should the holder of a utility account die or leave permanently, the person still residing therein shall establish service under their name within 30 days of the triggering event.

(1)   A triggering event shall include permanent absence from the residence or death.

(2)   In the case of a death, a spouse continuing to live at the residence shall be named as the account holder on the existing account with an updated application.

(3)   In the case of the account holder permanently leaving the residence, the remaining resident shall make application for the utilities to change to a new account under their name.  All requirements for service connection, fees, and deposits shall apply.

(4)   Should the sole account holder die, and the premises is inherited, rented or sold to another party a new account must be established for service. All requirements for service connection, fees, and deposits shall apply.

(5)   In case of a death, with a copy of a death certificate, the deposit, if any shall transfer to the spouse. In all other cases a new application and deposit shall be required.

(6)   Failure to transfer the utility account to the current resident, or to that person responsible for paying the utility bill within 30 days will result in disconnection of the utilities.

(f)    Returned checks, electronic checks, credit/debit cards, and ACH payment.

(1)   All returned payments shall be paid in cash within 7-days of notice of the return of payment.

(2)   Unpaid accounts after the 7-day period shall be disconnected.  Disconnected Utility Accounts must be paid in full including all fees to be reinstated.

(3)   A Utility account shall be placed on a cash-only-basis after the second occurrence of returned payment within a 12-month period.

(4)   Unpaid accounts due to return of payment which are not paid within 30-days shall be terminated.

(5)   Any person, firm or corporation violating any provision of this section shall be fined as outlined in statute K.S.A. 21-5821 and as set in the city’s fee resolution.

(g)   Online electronic payment and credit/debit card payment.

(1)   Online electronic payment must be paid at least 5-days in advance of the 15th of the month to avoid penalties and at least 5-days in advance of the 30th of the month to avoid utility account shut-offs.

(2)   Credit/Debit Card Payments for utility bills paid within 5-days of the 15th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid penalty charges.

(3)   Credit/Debit Card Payments for utility bills paid within 5-days of the 30th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid utility account shut-off.

(Ord. 1286; Ord. 1300; Ord. 1303; Code 2017; Ord. 1478; Ord. 1521)

Customers shall be held responsible for any damage done to meters on their premises from any cause other than ordinary wear and tear. The City shall keep all meters in repair and proper working condition without cost to the customer except where meter is damaged by neglect or fault of the consumer in which case the City shall collect from the customer the cost of repairing or replacing any meter damaged while supplying a customer’s premises. No customer or other person shall repair or remove any meter or break any seal on a meter, nor tamper with or interfere with the proper registration of any meter.

(Code 1988; Ord. 1478)

(a)   All meters shall remain the property of the city and may be removed from the property of the consumer, at any time for purpose of testing and repairing same or upon discontinuance of service. Meter deposits cannot be sold or transferred by one consumer to another;

(b)   Upon written request for the removal of any gas service pipe, line, or riser by a customer and upon payment of the removal fee, which will be set by the City Council according to the nature and complexity of the removal, the City Superintendent of Public Works shall make a study as to the feasibility of the request for removal and an estimate of the cost of the removal. If the report of the City Superintendent finds that the requested removal is feasible, that no harm will be done to the gas service system and that the removal fee will cover the cost of the actual removal, upon final approval by the City Council, the request for removal will be performed by the City work crew or its designates.  If the report of the City Superintendent finds the removal fee will not cover the cost of the actual removal, the customer may at their election pay the difference between the removal fee and the projected actual cost for removal, or elect the refund of the removal fee and cancellation of the removal request.  If the report of the City Superintendent finds that the requested removal is either not feasible and/or harm could be done to the gas service system, the removal fee will be refunded and the removal request will be canceled.

(Ord. 1253; Code 2017; Ord. 1478)

(a)   All gas meters shall be tested and inspected without cost to the customers as often as deemed sufficient by the Superintendent in order to insure their repair and accurate registration.

(b)   Any customer who becomes dissatisfied with the registration of the meter supplying their service or doubts the accuracy of the meter may demand that such meter be tested subject to 14-311(c).

(c)   Provided that such customer understands to pay all cost of the testing unless the accuracy rate is greater or less than 3%, then the expense is that of the City.

(d)   Test shall be made by means of a standard, certified meter proven to be supplied by the City and when on such test the meter is found to be measuring incorrectly an adjustment shall be made for service during the preceding month but no further.

(Code 1988; Ord. 1478)

In case any meter shall stop or for any reason fail to register properly, or upon failure to read any meter, the superintendent may estimate the monthly bill on the basis of the average monthly quantity consumed during the past six (6) months. Bills estimated will contain notation that it is an estimated bill.

(Ord. 1286; Code 2017)

On streets not served by gas mains the city may run laterals; provided, that property owners desiring service will guarantee to the city a revenue sufficient to pay interest at ten percent (10%) on the cost of the extension and the operating cost of the product and service furnished. Further, any such lateral or main extension may only be made after approval and within the compliance regulations of all necessary regulatory commission.

(Code 1988)

The City shall keep all service pipes and fixtures outside to the first building wall in good repair and free from leaks with costs determined as per Section 14-303.  No claims for damages shall be made against the City on account of the breakage or leaking of any valve or service pipe nor will any allowance be made to any customer on account of any leaks or waste of gas after passing though the meter.

(Ord. 1187; Code 2017; Ord. 1478)

All plumbing and fittings installed in connection with the gas system of the city, by any individual, firm or corporation must be inspected by the city or its designated representative before the gas is turned on and within 48 hours after the plumbing connections are made the party making such repairs, additions, alterations or changes in the gas plumbing within any building within the city, must report the same to the city by giving the city a full report of each job done on a report blank furnished by the city stating what work has been done and installation, changes, and improvements made to all service connections within any building within the city, and also a report as to what fixtures have been replaced or repaired therein.

(Code 1988)

No plumber, customer or other person shall extend pipes from one property or street number to another one.

(Code 1988; Ord. 1478)

The employees of the city shall have free access at any reasonable hour to all parts of any consumer’s premises for the purpose of making inspection and repairs and for reading meters.

(Code 1988)

The city reserves the right to shut off gas at any time for the purpose of making repairs or for any other reason and no claims for damages shall be made against the city on account of any such interruption of service.

(Code 1988)

(a)   All customers shall give notice at least two (2) days in advance when they wish service to be discontinued, which notice shall be given to the City clerk and/or City treasurer. 

(b)   Nonpayment: Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty (10%) of the total bill thereon, and the sum of $50 reconnection charge, and such reconnection shall be made between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday.

(c)   Repairs: No charge for shut off/turn on for repairs during normal business hours of 9:00 a.m. and 3:30 p.m., Monday through Friday within the City limits and a $50.00 fee for those outside the boundary lines of the City limits.

(d)   Emergencies:  A $70.00 fee for emergency shut off or turn on of gas service after normal business hours.

(e)   Vacancies (Temporary & Extended): Account owner shall complete a change form. Account will be charged the minimum monthly rate to “hold” the account.  For extended periods, not to exceed twenty-four (24) months, the account can be closed and all deposits if any will be refunded.  To reconnect the service a new application will have to be filled out and a new deposit paid.

(f)    Vacated Lot/Abandoned home/Non-active account: Upon discontinuance of service and removal of a gas meter for a period of twenty-four (24) months or more, the customer will by application submit a request for return to service. The customer shall submit with the application a fee equal to the cost of the meter and labor, plus any applicable deposits to begin gas service.

(Ord. 1267; Code 2017; Ord. 1478)

No person shall remove, obstruct, alter or injure any pipe, connection, valve, box, meter or in any way injure or damage any building, machinery, fixture or appurtenance of the gas system of the city, or carry off or injure any pipe, tools, fixtures, supplies or apparatus, or other property appertaining to the gas system of the city.

(Code 1988)

If any person or persons shall turn the gas on or cause same to be turned on upon any premises where gas may be shut off for any of the reasons herein provided, without authority from the superintendent, he or she shall be deemed guilty of a violation of this article.

(Code 1988)

No person or persons, firm or corporation shall be permitted to make excavations in any street or alley within the corporate limits of the city for the purpose of laying pipes for gas service without first having secured a permit in writing to do so from the superintendent except those who have a legal right to do so. Such permits shall be governed by the provisions of sections 12-20 1 through 12-203, inclusive, of this code.

(Code 1988)

No person, firm or corporation except the city or its authorized agent, shall turn on the gas into any building which is served by the city with gas.

(Code 1988)

All gas mains hereafter newly constructed or replaced shall have a diameter of at least four inches (4”) and that hereafter all gas lateral supply lines newly constructed or replaced shall have a diameter of at least three inches (3”).

(Code 1988)

The position of gas superintendent for the City of La Cygne shall report directly to the Supervisor of Public Works and shall be appointed by the mayor with the advice and consent of the council. Compensation of this position to be fixed by motion of the council.

(Code 1988)

The gas superintendent shall have general charge of the gas system. He shall direct the laying of pipes and services in the streets and alleys and public ground, the installation of meters and connections, the making of repairs and renewals and shall monitor and supervise all maintenance, cathodic protection, odorization and other activities conducted by the general city employees with respect to the natural gas system. He shall also be responsible for all records keeping which might be required by the Kansas Corporation Commission, Department of Commerce, Department of Transportation, Federal Energy Regulator Commission, or any other supervising agency. Further, it is the duty of the superintendent to develop and implement all emergency or other contingency plans which might be necessary. The gas superintendent shall also report to the waterworks/natural gas committee or to the council as a whole, when requested.

(Code 1988)

(a)   The rates charged by the City of La Cygne for consumption and use of natural gas provided by said City to the customers within the corporate limits of said City shall be as follows:

(1)   A minimum charge of $15.04 for the first 1000 cubic feet of natural gas, or less, if the usage of same does not exceed said amount within the regular monthly billing period.

(2)   A $10.04 charge for each 1000 cubic feet of natural gas used in excess of the amount referred to in paragraph (a)(1) above.

(b)   The rates charged by the City of La Cygne for consumption and use of natural gas provided by said City to customers who are not within the corporate city limits but are within three miles of the corporate limits of the City of La Cygne are as follows:

(1)   A minimum charge of $15.47 for the first 1000 cubic feet of natural gas, or less, if the usage of same does not exceed said amount within the regular monthly billing period.

(2)   A $10.16 charge for each 1000 cubic feet of natural gas used in excess of the amount referred to in paragraph (b)(1) above.

(Ord. 1261; Ord. 1267; Code 2017)

(a)   Changes in the rates charged customers three miles or more outside the city limits of La Cygne, Kansas, shall be calculated upon a fixed margin mechanism. This fixed margin mechanism shall be fixed by the City of La Cygne, Kansas, with the State Corporation Commission of Kansas and shall be in conformity with the following specific rules and regulations hereby officially adopted by the City of La Cygne, Kansas:

(1)   Availability. Suburban and farm areas are permitted to hook onto the La Cygne Gas System outside the city limits.

(2)   Deleted.

(3)   Reconnect Charge. If the gas shall be discontinued to any customer for nonpayment of gas bill or for any other reason caused by the said customer, a charge of $35.00 shall be made to reconnect such customer.

(4)   Monthly Rate. Gas rates shall be as follows:

(A)  A minimum charge of $15.04 for the first 1000 cubic feet of natural gas, or less, if the usage of same does not exceed said amount within the regular monthly billing period.

(B)  A $4.44 charge added to the actual cost of gas to the City of La Cygne as billed by its supplier(s) for each 1000 cubic feet of natural gas used in excess of the amount referred to in paragraph (a) (4) above.

       The City of La Cygne agrees to provide the KCC with: a customer’s bill; a supplier’s bill and a copy of the current supplier’s effective rate monthly customer charge;

(5)   Payment.  The City of La Cygne shall follow the KCC regulations, Section II, Standards on Delayed Payment Charges. 

(Ord. 1286; Ord. 1327; Ord. 1369; Ord. 1379; Ord. 1394; Ord. 1402; Ord. 1414; Ord. 1432; Code 2017)

The gas rates set out in Section 14-328 shall be the base gas rate for the city. The base supplier costs used to establish the above rates is $5.50 per 1,000 cubic feet (MCF). Whenever the cost of natural gas purchased by the city increases above the base supplier cost, the rates as provided in Section 14-328 shall be increased by the same amount per 1,000 cubic feet, in dollars and cents. Any such rate adjustment for the cost of the purchased natural gas shall be determined as follows:

(a)   Referring to the monthly invoice from the supplier, the cost of natural gas per 1,000 cubic feet shall be determined.

(b)   Next, any increase in such cost above the base supplier cost of $5.50 in dollars and cents per 1,000 cubic feet shall be calculated.

(c)   The rates as established in Section 14-328, including the minimum, will be increased by the same dollars and cents amount per 1,000 cubic feet (MCF) as was calculated in paragraph (b) of Section 14-330. Any monetary refunds received by the city from the supplier shall be deducted from the actual cost of natural gas on the next invoice period.

(d)   Any decrease in the cost of supplier’s natural gas below the base supplier cost of $5.50 per 1,000 cubic feet (MCF) shall have no affect on the base gas rates as set out in Section 14-328.

(Ord. 1310; Code 2017)

Any person found to be violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00).  Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.

(Ord. 1332; Code 2017)

 

Budget customers must reside at the same location for one (1) year and be in good standing with no delinquencies to be eligible for the budget program.  Furthermore, customers cannot receive energy assistance of any kind to be part of the budget program.

(a)   The City clerk will review all budget customers on a yearly basis to be set for review in the month of June. Adjustments to the plan will be made by the City clerk at this time.  As of July 1st, all accounts with outstanding balances must be paid to $0.00 to remain on the program.

(b)   All budget customers must make the full budget payment on time. Any delinquent account will be immediately dropped from the program and the full balance if any will be due upon the due date of the current bill.  Overpayments will not be accepted.

(Ord. 1478)

(a)   The purpose of this section is to update the definition of landlord responsibilities as defined by K.S.A.12-808c.

(b)   If water and/or natural gas are furnished by the City to leased premises upon the application and request of the lessee, then the deposit required for such services shall be paid by the lessee and all billing for water and/or natural gas furnished shall be made to the lessee.

(c)   If water and/or natural gas are furnished to such leased premises the application and request of the lessor of the premises then all deposits shall be payable by the lessor, all billings for water and/or natural gas furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of all said water and/or natural gas furnished.

(Ord. 1478)