CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. MUNICIPAL WATER SYSTEM

Any person, firm or corporation desiring a connection with the municipal water system of the city shall apply in writing to the city clerk on a form furnished by him for that purpose for a permit to make a connection with the water pipes. The application shall contain an exact description of the property to be served, the maximum amount of water to be used per month and the uses to which the water is to be put, both general and special.

(Ord. 246, Sec. 1; Code 1994, 17-101)

(Ord. 246, Sec. 2; Code 1994, 17-102; Code 2016)

The superintendent of the water department shall have general supervision of the water system under the direction of the mayor and council. He shall employ all personal services and supervise the reading of meters monthly and make monthly reports to the city council of amounts of water pumped and the total revenue and expenditures of the water system.

(Ord. 246, Sec. 3; Code 1994, 17-103)

All water furnished by the municipal water plant of this city shall be measured by meters.

(Ord. 246, Sec. 4; Code 1994, 17-104)

All taps shall be made and installed from the water main to the meter and installed in a meter box to which the service pipe is to be connected by city employees only. The Connection Fee shall be set by resolution.

(Ord. 838; Code 1994, 17-105; Ord. 1236; Code 2016)

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

(Ord. 246, Sec. 6; Code 1994, 17-106)

No one except regular city employees of the water department or plumbers licensed in accordance with this code shall do any plumbing on any pipes connected or to be connected to the municipal water system.

(Ord. 246, Sec. 7; Code 1994, 17-107)

All excavations made by plumbers in public grounds shall not be kept open longer than is absolutely necessary to make the connections required and while open shall be protected by suitable barriers, guards and lights as provided in this code, and back fillings shall be thoroughly compacted and left in a condition satisfactory to the street commissioner, and where such backfilling is unsatisfactorily filled, the street commissioner shall place them in a satisfactory condition and the cost thereof shall be charged to the plumber, and his license will be suspended unless the sum is paid.

(Ord. 246, Sec. 8; Code 1994, 17-108)

All service pipes in this city shall be galvanized wrought iron, brass, lead, copper or cast iron and shall be laid not less than three feet below the established grade or as low as the street mains.

(Ord. 246, Sec. 9; Code 1994, 17-109)

There shall be a curb cock in every service line attached to the mains, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable “T” handles.

(Ord. 246, Sec. 10; Code 1994, 17-110)

Check valves be and the same are hereby required on all connections to steam, boilers or on any other connection deemed by the superintendent of the water plant to require one. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch.

(Ord. 246, Sec. 11; Code 1994, 17-111)

The cost of original installation of all plumbing between the curb and any service devices maintained by the consumer and all extensions hereafter made to such services, as well as all repairs to the same, shall be borne entirely by the consumer, although such service pipes and devices shall at all reasonable times be subject to inspection by duly authorized officials of the water department of this city and repairs, found to be necessary by such officials shall be made promptly or the city will discontinue service until such repairs are made.

(Ord. 246, Sec. 12; Code 1994, 17-112)

The city may extend its water mains within or without the city by construction or purchase, when applications have been made and agreements entered into by persons along with the proposed extension that in the judgment of the mayor and council, will produce a revenue sufficient to pay interest on the cost of the extension, and the operating cost of the service furnished, the minimum connection charge outside city limits shall be $150.00.

(Ord. 246, Sec. 13; Code 1994, 17-113)

Any person, firm or corporation, whose premises are outside the city limits may connect with the municipal water pipes inside the city limits; provided, that a curb cock and meter be installed inside the city limits. If the meter be installed outside the city limits, then all installations shall be as provided herein, and the pipe and service connections shall be subject to the provisions of this article.

(Ord. 246, Sec. 14; Code 1994, 17-114)

The consumer shall be responsible for the care of any meter together with the meter box or vault and appurtenant connections and appliances, installed upon his service connection for any accidental or willful injury thereto, whether by his own act or that of others not in the employ of the city, and shall at all times, when any meter is installed, protect the meter from freezing and from damage from heat, hot water, or steam and in the event of any accidental or willful injury by frost of any meter or injury by hot water, heat or steam as aforesaid, the consumer shall promptly notify the superintendent of the water department thereof, who shall have the necessary repairs made and charge the cost of repairs to the consumer.

(Ord. 246, Sec. 15; Code 1994, 17-115)

No meter shall be removed or repaired except by employees of the city under the direction of the superintendent of water.

(Ord. 246, Sec. 16; Code 1994, 17-116)

No allowance under any circumstances shall be made for water used, lost, or wasted through leaks, carelessness, neglect or otherwise, after the same has passed through the meter.

(Ord. 246, Sec. 17; Code 1994, 17-117)

The quantity of water recorded by the meter shall be conclusive evidence on both the city and the consumer as to the quantity on which to compute the cost to the consumer, except when the meter has been found to be defective or has ceased to register. In such case, the quantity of water shall be determined by the average daily registration as shown by the meter when in order.

(Ord. 246, Sec. 18; Code 1994, 17-118)

The city hereby reserves the right to put seals on any water meter or its couplings in or upon any premises and may shut off the supply if such seals are found broken or removed. Upon the second offense thereof, and for any further offense the superintendent shall cause the service to be discontinued and shall refuse to continue service to such premises as long as the consumer on the premises (at the time of the breaking of the seal or the removal of the same) shall continue to be occupant thereof.

(Ord. 246, Sec. 19; Code 1994, 17-119)

The superintendent is hereby directed and authorized to have all water meters carefully tested before being installed. After their installation they shall be tested as frequently as circumstances warrant in the discretion of the city. If at any time a consumer becomes dissatisfied, with the accuracy of the meter on his or her service, he or she may make application to have his or her meter tested which application shall be accompanied by a fee of $10.00. Upon receipt of such application and fee the superintendent shall as soon as practicable have the meter tested in the presence of the consumer or the complaining party if he or she desires, and if the test shows that the meter has been over-registering more than two percent (2%) the previous bill based on the reading of such meter shall be corrected accordingly and the $10.00 fee returned. If the test shows that the meter is not over registering or under-registering more than two percent, the meter shall be considered as correct. If the test shows that the meter has been under-registering more than two percent the previous bill based on the reading of such meter shall be corrected accordingly, and the test fee of $1.00 retained by the city. The city reserves the right to remove and test any meter at any time, and if such meter is found to be inaccurate, to substitute another meter of the same size in its place.

(Ord. 246, Sec. 20; Code 1979; Code 1994, 17-120)

For the purpose of reading meters, duly authorized employees of the water department of this city may legally enter upon any premises at a reasonable hour.

(Ord. 246, Sec. 21; Code 1994, 17-121)

All accounts carried upon the books of the municipal water department of this city shall be with the consumer or his or her authorized agent and the consumer shall at all times be liable for water used upon the premises.

(Ord. 246, Sec. 22; Code 1994, 17-122)

At the time of application, a prospective customer for water service shall provide the personal information, as is required as a condition for receiving electrical service, on such form as may be presented by the city clerk. Provided, however, that the required electrical deposit shall serve as a combined deposit for water and other utility service. Such application for both services shall entitle the city to all the securities and remedies for payment as contained under the provisions of section 15-214 for electrical service. In the event the applicant desires utility service without electrical hookup, the city clerk shall require a deposit of $100.00 as security for water service and sewer service. Payment of interest by the city on the deposit shall be on the basis described in section 15-214.

(Ord. 759, Sec. 3; Code 1994, 17-123)

The city hereby undertakes, when the water supply is sufficient, upon the petition of at least 51 % of the persons, firms, companies, or corporations occupying buildings abutting upon any street or part of street in this city, to sprinkle the street or part thereof with water, assessing the cost thereof against each such person, firm, company or corporation occupying such buildings, in a manner to be determined by the mayor and council of this city.

(Ord. 246, Sec. 24; Code 1994, 17-124)

It is hereby declared to be unlawful for any person in the city or any person owning or occupying premises connected to the municipal water system of this city to use or allow to be used during a fire, any water from the water system, except for the purpose of extinguishing the fire, and 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.

(Ord. 246, Sec. 25; Code 1994, 17-125)

All consumers of the city water are hereby notified that in case of fire all the mains are subject to fire pressure and that no claims will be allowed against the city for any leaks or rupture caused by the fire pressure. Pressure regulators or relief valves should be placed on all service pipes or lines that are liable to rupture under the fire pressure. All consumers are hereby prohibited from using water for sprinkling or other similar uses when the fire pressure is on.

(Ord. 246, Sec. 26; Code 1994, 17-126)

It is hereby declared unlawful for any person, firm or corporation to take any water from the municipal water system of this city, except the same is taken under authority as provided by this article.

(Ord. 246, Sec. 27; Code 1994, 17-127)

It shall be unlawful for any person, except a duly authorized employee of the city water department to turn any curb cock on or off.

(Ord. 246, Sec. 28; Code 1994, 17-128)

The city hereby reserves the right to discontinue service to any or all consumers of the municipal water system without notice when the same is necessary in the repair of the system, or any part thereof, or for nonpayment of water rents, after notice and hearing as provided in section 15-136.

(Ord. 246, Sec. 129 Rev.; Code 1994, 17-129)

The city clerk or water superintendent shall maintain a water fund and a customers’ deposit fund and shall keep an accurate record of all water sales, installation charges, fees, penalties, deposits, and all other receipts, and the disbursements from the water funds, and from the customers’ funds. He or she shall keep an accurate record of the meter readings, and amount of water consumed and total charges against the amounts paid on such customer’s account.

(Ord. 246, Sec. 30; Code 1994, 17-130)

The city clerk or water superintendent shall figure all customers’ bills from the meter reading reports and shall post all meter readings and amount consumed in suitable record books furnished by the city. He shall make out the monthly bills and supervise their collection.

(Ord. 246, Sec. 31; Code 1994, 17-131)

The rates to be charged for water furnished to patrons by the city shall be as follows:

(a)   $29.00 per month (minimum charge).

(b)   $4.92 per 1,000 gallons per month.

(Code 1994, 17-132; Ord. 1242; Code 2016)

(a)   $29.00 per month (minimum charge).

(b)   $4.92 per 1,000 gallons per month.

(Code 1994, 17-132.1; Ord. 1135; Code 2016; Ord. 1242; Code 2016)

(a)   $29.00 per month (minimum charge).

(b)   $4.92 per 1,000 gallons per month.

(Code 1994, 17-132.2; Ord. 1135; Code 2016; Ord. 1242; Code 2016)

(Ord. 988, Secs. 1:2; Code 1994, 17-132.A; Code 2016)

Section 15-214 shall apply to delinquency, notice and hearing rights in the failure of a customer to pay for water and sewer charges when due. In the event the service becomes delinquent, the city clerk shall charge $5.00 additional to the delinquent bill. The existing provisions of section 15-129 shall continue to apply under this provision. Provided, however, upon the hearing, provided in section 15-214, infra, the customer shall have a right to appeal to the city council on the decision of the city clerk and/or superintendent of utilities on the issue of termination of water service upon any grounds, including customer delinquency and inaccuracy of billing. Provided, however, that the appeal shall be made in writing to the city council within five days of the hearing decision to terminate water or sewer service, or within five days of default of any hearing agreement previously established through the city clerk and/or superintendent of utilities under the terms of section 15-214. Thereupon, the city council shall promptly establish time for hearing and make due determination of the conditions, if any, imposed for termination of water or sewer service. In the interim, on appeal, water service shall be continued to the conclusion of the hearing before the city council. The customer shall have the right to ask questions of any witnesses or to present such information as the customer desires to the city council, individually or through representation.

(Ord. 759, Sec. 5; Code 1994, 17-133)

At such time as the customer satisfies deposit security requirements and such other terms as should be established by the city council for reconnect of water and sewer services after termination for delinquency, there shall be charged a $10.00 reconnection fee.

(Ord. 759, Sec. 6; Code 1994, 17-133.1)

The city reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the governing body determines the public exigency so requires.

(Code 1994, 17-134)

Whenever the governing body determines that water use must be restricted or prohibited, they shall forthwith issue a proclamation of emergency through the news media and use other appropriate methods of making public the proclamation.

(Code 1994, 17-135)

In the event a proclamation of emergency is used, water usage will be restricted or prohibited first for uses in the following priority:

(a)   Watering lawns, gardens, trees, shrubs, plants and watering outside dwellings for such purposes as car, boat or trailer washing or washing exterior of dwellings;

(b)   Industrial uses of water, including but not limited to, car wash operations and packing plant operations;

(c)   Business uses other than industrial;

(d)   Home uses other than those set forth in subsection (a).

(Code 1994, 17-136)

The city shall 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 service connections are in good working order, and the supply of water sufficient for the usual demand of its consumers.

(Ord. 246, Sec. 35; Code 1994, 17-137)

(a)   Upon receiving the consent and approval of the Kansas Department of Health and Environment, and until further direction of the governing body of the city, the water department is hereby authorized and directed to provide the means and to proceed with the introduction of sufficient fluoride to raise the total fluoride concentration in the finished water to 1.0 part fluoride to every million parts of water being distributed in the water supply of the city or such concentration as is ordered from time to time by the Kansas Department of Health and Environment.

(b)   Funds for fluoridation shall be provided from the water department funds, and by the issuing of no-fund warrants as granted by the Board of Tax Appeals of the State of Kansas

(Ord. 702, Sec. 1, 2; Code 1994, 17-138)