Ordinance Summary published in the Labette Avenue on April 13, 2023 and the full text of the Ordinance is available at www.oswegokansas.com for a minimum of 1 week from the date of publication.
Ordinance No. 1484 Summary
On April 10, 2023, the City of Oswego, Kansas adopted Ordinance No. _1484_ amending Ordinance 1438 and amending Chapter 15, Article 1, Section 15-104 and 15-105 of the Oswego, Kansas relating to establishing policies and procedures with respect to Utility Billing Dates, Delinquent Notices and Delinquency Dates. A complete copy of this Ordinance may be obtained or viewed free of charge at the Office of the City Clerk at City Hall, 703 5th Street, or at www.oswegokansas.com. The form of this summary is certified by Lucas J. Nodine, City Attorney.
Lucas J. Nodine, City Attorney
Ordinance NO. 1484
AN ORDINANCE AMENDING ORDINANCE 1438 AND AMENDING CHAPTER 15, ARTICLE 1, SECTION 15-104 AND 15-105 OF THE OSWEGO, KANSAS RELATING TO ESTABLISHING POLICIES AND PROCEDURES WITH RESPECT TO UTILITY BILLING DATES, DELINQUENCY DATE.
SECTION 1. That existing Section 15-104 of the City Code of the City of Oswego, Kansas, be and is hereby amended to read as follows:
15-104 UTILITY BILLING DATE, DELINQUENCY NOTICE, AND DELINQUENCY DATE. Utility billings shall be mailed on approximately the 25th day of each month for previous month services. All billings for utility services shall be due and payable in full at the Office of the City Clerk on or before the 10th day of the following month. A 10% penalty will then be added. If full payment has not been received by the City Clerk’s Office within 13 days past the due date (the 23rd day of each month), services will be terminated on the next business day (the 24th day of each month). The immediately preceding three sentences of this section shall constitute the only notice of delinquency that the customer will receive. Provisions will be noted on utility bill sent monthly to customers. Such notice will be highlighted or emphasized in an appropriate manner.
15-105 HEARING, EXTENSIONS (a) The customer has a right to a hearing before the designated hearing officer.
(b) The request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.
(c) Upon receipt of a request for hearing, the city clerk shall, within three working days of receipt of request, advise the customer of the date, time and place where the hearing will be held.
(d) Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice needs to be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.
(e) No extensions of service will be given any two consecutive months, and no more than three extensions within a year will be given. April 1st will constitute the beginning of a new period each year. All extensions will be in writing. Extensions may only be signed by a person listed on the service application as one who is making application for service.
(f) Commercial and industrial customers who require their utility service as part of the manufacturing process of their product will be considered for special extensions on a case by case basis, with the following guidelines:
(1) Payment plans may be extended over a six month period, if diligent payments are made every 30 days as agreed to by the owner or owner’s authorized agent and the city clerk in a written extension agreement.
(2) The agreement must be signed by the tenant or tenant’s authorized agent and the city clerk.
Section 2. That this ordinance shall be in force and take effect on July 1, 2023.
Passed by the Governing Body of the City of Oswego, Labette County, Kansas this 10th day of April, 2023.
Daniel J. Chapman, Mayor
Jennifer Hine, City Clerk