CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 2. Water Service

Words as used in this article shall be defined as follows:

(a)   Owner - shall mean the owner of the real property connected or to be connected to the water and sewage system;

(b)   Customer - shall refer to the party in whose name the account is carried;

(c)   Consumer- shall mean the party using the water.

(Code 2016)

Before any connection is made to the water and sewage system an application for a permit must be made in writing by the owner of the premises to be connected or by his or her or their authorized representative at the office of the city clerk. Such application shall be made on forms provided by the water and sewage department and shall contain such information as the water and sewage department may require. If there is no main or distribution line to which a connection can be made, the requirements in regard to extensions must be met before the application for service connection will be accepted. The application and its acceptance shall constitute a contract or an agreement in writing between the applicant and the governing body for the installation of the connection.

(Code 2016)

The fee for the reimbursement of its costs incurred in the installation of three-quarter inch pipe and meter by the city shall be established by a vote of the governing body, passed by ordinance and listed on the most current Fines, Fees and Bonds Schedule. The charge shall be paid at the time an application for water service is made. The cost for the installation of larger than 3/4 inch pipe and meter shall be the actual cost incurred by the city in the installation of the same and shall be paid to the city upon presentation of its statement of costs.

(Code 2016)

The city may extend its mains within the city by construction when applications have been made and agreements entered into by the person or persons along the proposed extension that will produce a revenue in the judgment of the governing body sufficient to pay interest on the cost of the extension and the operating cost of the service. The city may make the extension if the condition of the water and sewage fund will permit.

(Code 2016)

All connections to the City’s water system shall be made in a manner approved by the water and sewer superintendent.

(Code 2016)

All water service sold or furnished by the water and sewage system to customers shall be measured in gallons by meters installed by the city.

(Code 2016)

Meters shall be installed in a location protected from freezing and easily accessible for reading. The meters shall be furnished by the water and sewage department and shall remain the property of the city, and the water and sewage department shall keep the meter in good repair unless damaged or injured for some cause other than natural wear and tear. If the meter is damaged by freezing, rough use, or any cause whatever other than natural wear and tear, the customer shall be charged the amount of the repair and the amount shall be collected with the bill and if not paid within the time provided for the payment of bills, the water shall be disconnected in the manner provided by section 15-216.

(Code 2016)

It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the water and sewage department may be used or wasted without being supplied under the terms provided in this article or other related ordinances or parts of ordinances still in effect. It shall be unlawful for any person to turn any curb cock on or off except a duly authorized employee of the water and sewage department or fire department. The meter box shall not be molested in any manner.

(Code 2016)

Unless special permission is granted by the superintendent of water and sewage department, each premises shall have a separate and distinct service connection, and where permission is granted for branch service pipes, each branch pipe shall have its own curb cock and separate meter.

(Code 2016)

Duly authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter, or servicing or inspecting the meter, water pipes or service installations. The city reserves the right to shut off the water in the mains for the purpose of making repairs or extensions and to discontinue any water service in accordance with the provisions of Article 1A of this chapter. A customer shall give the city reasonable notice for the discontinuance of service and upon failure to do so may be billed for the minimum monthly charge until such time as notice shall be received by the city.

(Code 2016)

It is hereby declared unlawful for any person, firm or corporation to take any water from the water and sewage system except when it is drawn under the regulations provided in this article.

(Code 2016)

The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power and service connections are in good working order, and the supply of water sufficient for the usual demands of its consumers.

(Code 2016)

It is hereby declared unlawful for any person to deface, damage or destroy any of the property of the water and sewage system, operate valves or in any other manner interfere with the operation of the water and sewage department.

(Code 2016)

Water rates shall be established by majority vote of the governing body, passed by ordinance passed by ordinance and shall be listed on the most current Fines, Fees and Bond Schedule.

(Code 2016)

Allowances may be made by the Mayor for the cost of water lost through leaks or excusable neglect after the water has passed through the meter. Any customer seeking such an allowance must appeal the bill they deem excessive by filing a written appeal with the City Clerk, requesting that the matter be heard by the Council at its next, regularly scheduled meeting. The appealing customer must show that the leak was not due to carelessness or neglect and that the customer took immediate steps to remedy the leak and minimize the loss of water. Upon proof of those factors being presented to the Council, its members may decide to require the customer to pay only the cost of producing that portion of the water used which is above the average amount of water used by the customer based upon usage over the previous twelve (12) month period. The cost per thousand (1,000) gallons shall be based on the City’s cost to produce water. In the event that figure is not ascertainable, the City shall use the cost the City pays to purchase water.

(Code 2016; Code 2025)

The governing body shall establish, by ordinance, a water service disconnection and reconnection charge. Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer’s final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty there on, and the reconnection charge.

(Code 2007)

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 2007)

It shall be a violation of this article for any unauthorized person to:

(a)   Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond a private property line unless such person is authorized by the city;

(b)   Make any connections with any extension of the supply pipes of any consumer without written permission to do so tli:1ving been first obtained from the governing body;

(c)   Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city.

(Code 2007)

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense.

(Code 2007)

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines.

(Code 2007)

The city shall have the right to discover, by any means, the origin of any leak, where the origin is indeterminate.

(Code 2007)

The rates per billing period for the use of water in the city shall be set by a fee schedule ordinance.

(Code 2007)

No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire.

(Code 2007)

No person shall establish or permit to be established or maintain or permit to be maintained, any cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body.

(Code 2007)

Approved devices to protect against backflow or back siphonage shall be installed at all fixtures and equipment where backflow and/or back siphonage, may occur and where there is a hazard to the potable water supply in that potable water or other contaminating materials may enter into the public water supply. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure: to develop which could lead to back siphonage of polluted water into the system, shall be improper and must be protected by approved backflow preventive valve as and systems as determined by the public works supervisor.

(Code 2007)

The public works supervisor or other designee of the governing body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city.

(Code 2007)

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by the authority of the mayor, or his or her representative, may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the certified water treatment operator may terminate water service to any property where the cross connections or back siphonage condition creates, in the judgment of the operator, an emergency danger of contamination to the public water supply.

(Code 2007)