The rates per month for gas furnished by the city shall be as follows:

(a)  

For each person, firm, company, corporation, or industry, the above listed minimums will be charged for the first 1,000 cubic feet (MCF) of gas metered to each installation. All metered gas above the first 1,000 cubic feet (MCF) shall be billed at $8.45 per 1,000 cubic feet (MCF) or $0.00845 per cubic foot, except as provided otherwise below.

(b)   For each heavy use industrial customer using gas in excess of 8,000 MCF per month, all metered gas above the first 1,000 cubic feet (MCF) shall be billed at $7.65 per MCF. Heavy use industrial customers shall be determined annually by the City Administrator by totaling the monthly usage of all the meters serving a potential heavy use industrial customer for the prior year and dividing such usage by 12 (annual usage of all meters serving the customer divided by 12 months = the average monthly usage).

(c)   Gas rates for customers outside the corporate limits of the City are hereby set and provided for under Section 15-408 of this Article.

(d)   Gas rates for all customers may be subject to a fuel cost adjustment charge (FC) which may be applied when natural gas supply fuel cost increases are charged to the City by its natural gas suppliers. The amount of the fuel costs adjustment will be determined by the City Administrator.

(e)   In addition to the gas rates charged by the City to customers as established herein, the City shall charge all customers a $1.90 surcharge per 1,000 cubic feet (MCF) of gas metered, effective as of the May 1, 2021 billing cycle, as the dedicated source of revenue established in Ordinance 150-2021-038 necessary for repayment of the City Utility Low-Interest Loan.

(a)   All gas accounts shall be due and payable at the office of the city clerk on the 1st day of each month for the preceding month.  If the account is not paid on or before the 12th of the month, there shall be added a late payment charge of 10 percent.

(b)   The city clerk, upon request, may waive the penalty if the customer has demonstrated prompt payment of his or her account over the prior six months period.  

(Ord. 150-1986-015, Secs. 2:3)

(a)   All non-owners of residential real estate (tenants of apartments, mobile home owners, and renters) shall be assessed a $100.00 deposit.

(b)   Security deposits for commercial and industrial accounts shall be established by the city clerk and shall be held as security for payment of all charges. Such security deposits may be set at any reasonable amount based on prior experience but shall not exceed $5,000.00.

(c)   In lieu of a cash security deposit the city clerk is authorized to accept surety bonds, with such sureties as are acceptable, payable to the city clerk, in an amount not less than the applicable cash security deposit established by the city clerk.

(d)   Commercial and industrial security deposits may be refunded after five years of continual service if the account has been kept current and has not been assessed delinquent penalties for late payments.

(e)   The city will pay at least the minimum rate of interest as established under the provisions of K.S.A. 12-822 to the customer on the security deposit at least once each year. Payment may be in the form of a credit to the customer account or actual cash or check refund as determined by the city clerk.

(Ord. 150-1988-017, Sec. 1; Ord. 110-2011-072)

Whenever the city receives a request from a customer desiring a connection with the city gas system the customer shall be assessed a connection charge of $20 before the meter is turned on.  Any service disconnected for nonpayment of a delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, a reconnection charge of $20.00, and an additional meter deposit of $20.00.

(Ord. 150-1986-015, Sec. 5,7; Code 1990)

(a)   All connections to the City’s gas system shall be made by City employees only.

(b)   The fee for connecting new meters to the City’s gas system shall be the rate required to fully reimburse the City’s actual cost of the specified meter and automatic meter reading appurtenances, plus applicable sales tax, plus the estimated hourly expense (at the rate of $25.00 per hour) for connection to the City’s gas system.

(c)   The fee for installing yard lines shall be the greater of $300 or the actual cost to the City for the installation.

(Ordinance No. 020-2020-175)

All meters shall remain the property of the city and shall be maintained in good order by the city at no charge to the customer.

(Ord. 150-1986-015, Sec. 6; Code 1990)

(a)   Service for gas shall be extended to rural customers located within a three mile radius of the corporate boundaries of the city.  Service to rural customers shall be at the discretion of the governing body and may be denied, discontinued or curtailed should the city determine gas supplies are inadequate to meet the demands of both city and rural customers.

(b)   It shall be the responsibility of rural customers to maintain such taps, connections and service lines.  The city shall not extend its gas mains to a rural area solely for the purpose of providing as to rural customers.

(Ord. 150-1988-018, Sec. 1)

Rates for the use of city gas shall be extended to rural customers as follows:

(a)  

For each month the above listed minimums will be charged for the first 1,000 cubic feet (MCF) of gas metered to each rural installation. All metered gas above the first 1,000 cubic feet (MCF) shall be $12.175 per 1,000 cubic feet (MCF).

(b)   Gas rates for all customers may be subject to a fuel cost adjustment charge (FC) which may be applied when natural gas supply fuel cost increases are charged to the City by its natural gas suppliers. The amount of the fuel costs adjustment will be determined by the City Administrator.

(c)   In addition to the gas rates charged by the City to rural customers established herein, the City shall charge all rural customers a $1.90 surcharge per 1,000 cubic feet (MCF) of gas metered, effective as of the May 1, 2021 billing cycle, as the dedicated source of revenue established in Ordinance 150-2021-038 necessary for repayment of the City Utility Low-Interest Loan.

(Ord. 150-2021-039)

The monthly charges as set forth in section 15-408 above shall be payable on or before the 12th day of each month at the office of the city clerk. 

(Ord. 150-1988-018, Sec. 3)

(a)   Initial security deposits for any new rural residential account may be assessed in the amount of $100.00 which shall be held by the city as security for payment of all charges.  After two years of continual residential service, if an account has been kept current with no late payments, the security deposit may be refunded at the discretion of the city clerk.

(b)   It is the intent of the governing body that all non-owners of residential real estate (tenants of apartments, mobile home owners, and renters) should be assessed a $100 deposit.

(c)   Security deposits for commercial and industrial accounts shall be established by the city clerk and shall be held as security payment of all charges.  Such security deposits may be set at any reasonable amount but shall not exceed $5,000.

(d)   In lieu of a cash security deposit, the city clerk is authorized to accept surety bonds, with such sureties as are acceptable, payable to the city clerk, in an amount not less than the applicable cash security deposit established by the city clerk.

(e)   Commercial and industrial security deposit shall be refunded after seven years of continual service if the account has been kept current and has not been assessed delinquent penalties for late payments.

(f)   The city will pay at least the minimum rate of interest as established under provisions of K.S.A. 12-822 to the customer on the security deposit at least once each year.  Payment may be in the form of a credit to the customer account or actual cash or check refund as determined by the city clerk.

(Ord. 150-1988-018, Sec. 4)

All rural customers connected to the city’s gas system shall be assessed a hookup charge of $30.00 prior to their meter being turned on by the city.  Such hookup charge is a fee assessed by the city which will not be returned to the customer.

(Ord. 150-1988-018, Sec. 5)

All meters requested for installation by rural customers shall be the property of the city.  A meter installation and maintenance payment of $300 is required before a meter will be set.

(Ord. 150-1988-018, Sec. 6)

An account not paid in full on or before the date stated above shall become delinquent and shall be charged with a delinquency charge of 10 percent of the net amount of the account before sales tax.

(Ord. 150-1988-018, Sec. 7)

Discontinuance of service for nonpayment shall occur when an account remains delinquent 25 days after the due date.  No such discontinued service shall be restored unless the account is first paid in full together with an additional reconnection charge of $30.00 and an additional meter deposit of $30.00 or such larger amount as the city clerk may determine. 

(Ord. 150-1988-018, Sec. 8)

The city recognizes its obligation to inspect pipelines that convey natural gas from a gas main to the outside wall of residential premises which are individually metered and directly served by the city. Such inspection is required by state and federal laws and regulations. 

(Ord. 150-1989-020, Sec. 1)

As provided by state regulations, the city will maintain all gas distribution pipelines (mains), meters, and service lines from the transmission pipelines to the meter. 

(Ord. 150-2001-033, Sec. 1; Code 2003)

All gas lines between the meter and the outside wall of any residential structure shall hereby be designated yard lines and the maintenance and repair of such lines shall be the responsibility of the property owner.

(Ord. 150-1989-020, Sec. 3)

The city shall have the authority to discontinue gas service to any residence or business if so necessitated by leakage or unsafe conditions on a yard line and shall have the right to inspect yard lines to ensure the safe conditions of the lines. 

(Ord. 150-1989-020, Sec. 4)

Nothing in this article shall be interpreted to transfer the ownership and/or responsibility for maintenance or repair of any yard line or in-house residential line. 

(Ord. 150-1989-020, Sec. 5)

The city recognizes its obligation to ensure the safety of its citizens and gas utility customers.  Therefore, in accordance with current gas safety practices the city hereby establishes material and testing standards for all gas yard lines in the city. 

(Ord. 150-1989-021, Sec. 1)

For purposes of this article yard lines shall mean all natural gas customer transmission lines between the gas meter and the outside foundation wall of the customer’s residence or business.  Yard lines shall not include any gas piping located in the interior structure of the customer’s residence or business.  

(Ord. 150-1989-021, Sec. 2)

The maintenance and repair of leakage, damage, breakage or other unsafe situations shall be performed at the expense of the property owner using materials approved by the city.

(Ord. 150-2001-033, Sec. 1; Code 2003)

All repairs, maintenance, installation or replacement of gas yard lines in the city shall be performed by city employees or designees. 

(Ord. 150-2001-033, Sec. 1; Code 2003)

All gas yard line piping in the city at the time of replacement because of leakage or at the time of installation of a new yard line shall be constructed of materials as stated in section 15-425.  Materials deviating from these standards may not be installed without written authorization from the gas utility superintendent, building inspector and city administrator. 

(Ord. 150-1989-021, Sec. 5)

Materials used in replacement or installation of new gas yard lines in the city are hereby required to be thermoplastic pipe/tubing meeting the following standards:

(a)   Plastic piping/tubing must be polyethylene plastic pipe marked with the ASTM D2513 standard marking;

(b)   Plastic piping/tubing must carry PE pipe designations PE 2306, PE 3306, PE3406 or PE 3408;

(c)   Plastic piping/tubing must have an odorless risers at both ends;

(d)   Plastic piping/tubing must be approved by the building inspector prior to installation.

(Ord. 150-1989-021, Sec. 6)

(a)   All gas yard lines must be buried at a minimum depth of 24 inches below the ground surface.  Backfill material should be free of rocks or debris which may damage or puncture the line.  An electrical conductive wire or other means of locating the buried pipe must be installed at the time of burial.

(b)   The installation of a replacement gas yard line by means of insertion into an old steel line is permissible if done in compliance with existing state and local safety regulations.

(c)   No plastic gas yard line installed under this article shall be allowed above ground nor allowed to support an external load.

(Ord. 150-1989-021, Sec. 7)

All gas yard lines in the city must be tested and inspected by the city.  A pressure test of the gas yard line replacements or new installations must be conducted according to federal and state pipe safety regulations.  The plastic piping/tubing shall be tested at a pressure of 20 psig for a period not less than 60 minutes.  The building inspector shall inspect the pressure test to insure compliance with all applicable standards and must inspect the line prior to being covered by fill material. 

(Ord. 150-1989-021, Sec. 8)

The city shall continue the inspection of pipelines that convey gas from a gas main to the outside wall of residential premises which are individually metered and directly served by the city gas utility, as required by state and federal laws and regulations, and shall have access rights to carry out such responsibility. 

(C.O. No. 140-1989-008, Sec. 2)

It is the judgment of the governing body that the public safety of areas served by the city gas utility, and the cost of gas service provided by the city, will be best served by providing inspections as required under section 15-428, but requiring the cost of repairs to privately owned gas pipelines to be paid by the owner.  The governing body has provided the means and standards for repairing gas pipelines. 

(C.O. No. 140-1989-008, Sec. 3)

The city, being subject to the jurisdiction of KDOT which regulates and requires operators of gas utilities to test employees of the systems for the presence of prohibited drugs and provide an Employee Assistance Program, does hereby establish an anti-drug program for all employees of the gas utility and for such other persons involved with the gas utility program who shall be designated as “covered employees” by the city administrator.  The anti-drug program will meet all requirements of federal and state regulatory agencies for drug testing, monitoring and follow-up as outlined in United States Department of Transportation Regulations at 49 CFR Parts 192, 193, or 195, pursuant to and in accordance with 49 CFT Parts 199 and 40 and amendments thereof.

(Ord. 150-1990-024, Sec. 1)

Employees subject to this drug testing program are required to be tested under the following types of test:

(a)   Pre-Employment Testing:

(1)   A pre-employment drug test will be conducted when an individual is hired for a position.

(2)   A pre-employment drug test will be conducted when a current employee transfers from a position not covered into a covered position.  An employee who previously is separated from a Part 199 anti-drug program position will be pre-employment tested prior to performing a function covered by the pipeline safety standards.

(3)   Only applicants who are offered a covered position will be tested before being employed.  Pre-employment job applicants who test positive will not be hired and do not have the right to have their samples retested. Employees transferring into a position requiring drug testing who test positive do have the right to have their sample retested.  Employees who fail a drug test will not be hired for the position requiring drug testing.  If applicant’s drug test is positive, then the city will refer to the MRO review (see Section 15-433 -Medical Review Officer).

(4)   An employee who transfers from one covered position to another covered position does not require pre-employment testing.

(5)   Employees working in a covered position on the effective date and continues to work in a covered position do not require a pre-employment test.

(b)   Random Testing:

(1)   All employees working in a covered position are subject to unannounced testing based on random selection.  This includes temporary employees performing work in a covered position.

(2)   The operator will test at least 50 percent of covered employees every 12 months, divided on the bases set forth in paragraph six below.  All persons will be subject to be randomly picked for drug testing at each random testing date.  A person may be randomly picked more than once or not picked more than once or not picked at all during the annual period.  (NOTE:  During the first 12 months of the program, at least 25 percent of the covered employees will be tested, with the final collection in the first year meeting the 50 percent annualized rate.)

(3)   To assure the selection process is random, all covered employees will be placed in a common pool.  All full-time and temporary employees will be in this pool.

(4)   The random computer selection procedure will be used.

(5)   The selection procedure will select sufficient additional numbers to be used to reach the appropriate testing level during each test period.  These alternate numbers will be tested in order of selection only if persons selected are unavailable for testing due to vacations, medical leave, or travel requirements.

(6)   Random testing will be done on a quarterly basis.

(c)   Post-Accident Testing:

(1)   Employees working in covered positions whose performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident will be tested.

(2)   The employee will be tested as soon as possible, but not later than 32 hours after the accident.  Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be as soon as possible.

(3)   All reasonable steps will be taken to obtain a urine sample from an employee after an accident.  In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and, if necessary, reference will be made to the DOT drug testing requirements.  If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample.

(4)   If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as a covered employee.

(d)   Reasonable Cause Testing:

(1)   When there is reasonable cause to believe that a covered employee is using a prohibited drug, the employee will be required to take a drug test.

(2)   50 or Fewer Employees - Only one supervisor of the employee must substantiate the decision to test for reasonable cause.  This supervisor must be EAP trained in drug use symptoms.

(3)   A decision to test must be based on specific contemporaneous physical, behavioral, or performance indicators of probable drug use. Examples of this are evidence of repeated errors on-the-job, regulatory of city rule violations, or unsatisfactory time and attendance patterns, coupled with a specific contemporaneous event that indicated probable drug use.

(4)   Testing under 49 CFR, Part 199 is limited to marijuana, cocaine, opiates, amphetamines, and PCP.

(Ord. 150-1990-024, Sec. 1)

(a)   Drug testing will be performed utilizing urine samples.

(b)   Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be performed.

(c)   An applicant who is offered a covered position will be required to report to the drug testing collection site specified in section 15-435 within 48 hours of notification and provide a specimen of his or her urine.

(d)   Upon notification that a drug test is required, an employee will report as soon as possible but not later than 24 hours (32 hours for post-accident) after notification to the drug collection site and provide a specimen of his or her urine.

(e)   The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Program.

(Ord. 150-1990-024, Sec. 1)

(a)   The MRO is a doctor of medicine, knowledgeable in drug abuse disorders.

(b)   The following is a list of the MRO’s specific responsibilities:

(1)   Receive positive confirmed results from laboratory.

(2)   Request, if needed, a quantitative description of test results.

(3)   Receive a certified copy of the original chain-of-custody.

(4)   Review and interpret positive test results.

(5)   Inform the tested individual and provide test results.

(6)   Conduct a medical interview with the tested individual by telephone.

(7)   Review the individuals medical history or any other relevant biomedical factors.

(8)   Give the individual an opportunity to discuss the test results.

(9)   Order a reanalysis of the original sample in a certified laboratory, if necessary.

(10) Consult with others if questions of accuracy arises.  Consistent with Part 9 - confidentiality.

(11) Consult with laboratory officials.

(12) Not receive urinalysis results that do not comply with the mandatory guidelines.

(13) Not declare as positive an opiate-positive urine without “clinical evidence.”

(14) Determine whether a result is scientifically sufficient.

(15) Determine whether a result is consistent with legal drug use.

(16) Forward results of verified positive test results to management officials.

(17) Maintain the required records to administer this program.

For additional details of responsibilities see the U.S. Department of Health and Human Services (DHHS) Medical Review Officer Manual.

(Ord. 150-1990-024, Sec. 1)

(a)   The testing laboratory is a NIDA/CAP certified laboratory.

(b)   The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports showing compliance.

(Ord. 150-1990-024, Sec. 1)

(a)   The collection agency is a local doctor or clinic for the drug screen procedure to perform the specimen collection along with the test kit, and chain-of-custody.  A separate chain-of-custody will be completed for each specimen collected.

(b)   The collection agency will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports showing compliance.

(Ord. 150-1990-024, Sec. 1)

(a)   Education - Every covered employee will receive the following drug use education:

(1)   Drug information will be periodically distributed and displayed in the work area.

(2)   A copy of the policy will be given to each employee and displayed in the work area.

(3)   The hot line telephone number for employee assistance will be given to each employee and displayed in the work area.

(b)   Training - Every supervisor covered will determine whether an employee must be drug tested based on reasonable cause who will receive the following drug use training:

(1)   A one hour (minimum) training period on the specific contemporaneous physical, behavioral, and performance indicators of possible drug use.

(2)   The training specialist for this program has completed the EAP training course.

(Ord. 150-1990-024, Sec. 1)

(a)   The city will keep the following records for the periods specified:

(1)   Records that demonstrate the collection process conforms to Part 199 will be kept for a minimum of three years.

(2)   Records of employee drug test results that show employee failed a drug test, and the type of test failed and records that demonstrate rehabilitation, if any, will be kept for a minimum of five years, and include the following information:

(A)  The functions performed by each employee who fails the drug test.

(B)  The prohibited drugs which were used by each employee who fails the drug test.

(C) The disposition of each employee who fails the drug test (e.g., termination, rehabilitation, leave without pay, etc.).

(D)  The age of each employee who fails the drug test.

(3)   Records of employees drug test results that show employees passed a drug test will be kept for a minimum of one year.

(4)   A record of the number of employees tested by type of test will be kept for a minimum of five years.

(5)   Records confirming that supervisors and employees have been trained as required will be kept for a minimum of three years.  Training records will include copies of all training materials.

(Ord. 150-1990-024, Sec. 1)

(a)   Each individual’s record of testing and results will be maintained private and confidential.  With the exception of the testing laboratory, MRO, designated personnel manager or upon request of RSPA or State Agency Officials as part of an accident investigation, the results of individual drug tests will not be released to anyone without the expressed written authorization of the individual tested.  Prior to testing, the individual will be informed about who will receive test date (e.g., testing laboratory, MRO, personnel manager).

(b)   All written records will be stored in locked containers or in a secure location with access available only by the individuals listed above.

(Ord. 150-1990-024, Sec. 1)