CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 3. Water

The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body.

(Code 2008)

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.

(Code 2008)

(a)   Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.

(b)   Application for water service shall cover a period of four months at the same location or in lieu thereof the payment of a sum equal to four month’s minimum under the water rate schedule. All applications for water shall be accompanied by a deposit of $50.00 for each service. In the event the consumer fails to pay his or her bill the city may apply the deposits on the unpaid account, any unearned balance to be returned to the depositor when consumption of water ceases and the water turned off: provided, that all applications for water service for garages, restaurants, hotels, battery stations and laundries shall be accompanied by a deposit of $50.00 for each service.

(c)   The application shall:

(1)   Contain an exact description including street address of the property to be served;

(2)   State the size of tap required;

(3)   State the size and kind of service pipe to be used;

(4)   State the full name of the owner of the premises to be served;

(5)   State the purpose for which the water is to be used;

(6)   State any other pertinent information required by the city clerk;

(7)   Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.

(Ord. 786, Sec. 1; Code 2008)

Application for water service shall cover a period of four months at the same location or in lieu thereof the payment of a sum equal to four months’ minimum under the water rate schedule.

All applications for water shall be accompanied by a deposit of $50.00 for each service. In the event the consumer fails to pay his or her bill, the city may apply the deposits on the unpaid account, any unearned balance to be returned to the depositor when consumption of water ceases and the water turned off: provided, that all applications for water service for garages, restaurants, hotels, battery stations and laundries shall be accompanied by a deposit of $50.00 for each service.

(Ord. 871, Sec. 2; Code 2008)

At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service.

(Code 2008)

Each water service shall be provided with a water meter approved by the light and water department and the consumer shall arrange the plumbing at his or her own expense so that meter may be installed at a point selected by the light and water department and so there shall be no fixtures connected between the meter and the main. The consumer shall maintain a passageway to the meter and keep the meter accessible for reading or removal for testing or repairing at all times. A stop and waste cock shall be installed on the street side of the water meter and the meter setting shall be provided with an approved expansion connection and all pipe work on either side of such expansion connection shall be rigidly supported so that the meter may be removed and replaced without displacing such pipe work. All meters shall be set in a horizontal position and where meters are installed outdoors, a permanent vault constructed of tile, brick or concrete of sufficient size to permit a workman to set the meter, vaults must be kept clean and free from dirt and other rubbish or water and must protect meters from freezing.

(Code 1959, 18-302)

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 service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers.

(Code 2008)

(a)   All water furnished to customers shall be metered.

(b)   Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

(c)   The city’s responsibility stops at the outlet side of the meter.

(Code 2008)

Water shall be sold on a metered basis only, and the monthly rate to be charged for water consumed for business and domestic purposes within the city limits shall be as follows:

For 3/4 inch tap, 400 Cu. Ft. minimum at a rate of Seventeen Dollars and No Cents ($17.00) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a one (1) inch tap, 400 Cu. Ft. minimum at a rate of Seventeen Dollars and No Cents ($17.00) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a one and one-half (1 1/2) inch tap, 400 Cu. Ft. minimum at a rate of Twenty Dollars and No Cents ($20.00) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a two (2) inch tap, 400 Cu. Ft. minimum at a rate of Twenty-one Dollars and No Cents ($21.00) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a three (3) inch tap, 400 Cu. Ft. minimum at a rate of Twenty-two Dollars and Fifty Cents ($22.50) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

The monthly rate to be charged for water consumed for business and domestic purposes outside the city limits shall be as follows:

For 3/4 inch tap, 400 Cu. Ft. minimum at a rate of Seventeen Dollars and Eighty-five Cents ($17.85) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a one (1) inch tap, 400 Cu. Ft. minimum at a rate of Seventeen Dollars and Eighty-five Cents ($17.85) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a one and one half (1 1/2) inch tap, 400 Cu. Ft. minimum at a rate of Twenty-one Dollars and No Cents ($21.00) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a two (2) inch tap, 400 Cu. Ft. minimum at a rate of Twenty-two Dollars and Sixty Cents ($22.60) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

For a three (3) inch tap, 400 Cu. Ft. minimum at a rate of Twenty-four Dollars and Fifteen Cents ($24.15) per month, and One Dollar and Eighty-five Cents ($1.85) for each 100 Cu. Ft. or fraction thereof over the minimum.

All water bills shall be payable monthly on the first day of each month. All property owners shall be, and are hereby liable for any and all bills contracted by themselves, their agents and tenants for the installation and costs of meters and for water supplied and used upon the premises of any such property owner and for all expenses incident to the upkeep of meters, stop boxes and supply pipes to premises of property owner.

For all water supplied by the Water Department of the City, or any department thereof, the city shall pay into the water fund for such water so furnished at the rate of Ten Cents ($.10) per 1,000 gallons or fraction thereof.

A service charge of Five Dollars ($5.00) shall be made for the connection, disconnection and re-connection of water service lines to any meter after regular working hours.

(Ord. 942; Code 2008; Ord. 994)

(a)   Fall and winter reading of city meters. The city will read water meters for the last time in November and for the first time in March each year.  Thereafter, water meters will be read monthly.

(b)   Billing adjustments. Water billing adjustments for 50% of the bill over the minimum not to exceed $150.00 will be considered for any monthly city meter readings, shall involve only water pipes located underground, and shall require the city water customer to fully comply with subsections (c) and (d) hereof.

(c)   Duty to report water leaks; inspection. All water leaks must be reported to the city immediately. The city superintendent or a designated employee shall conduct an inspection of the leak prior to making any repairs thereto.

(d)   Self-repair of water leaks. Any individuals repairing their own water leaks are required to have the city superintendent or a designated employee approve all repairs or be provided proof that a licensed plumber has repaired the leak.

(Ord. 1012)

All water bills shall be payable at the city clerk’s office on the 15th day of the calendar month following the date of the reading of the meter. All bills due and owing on the 15th day of the month must be paid before the last day of the month at 1:00 p.m. or such service may be disconnected by the city pursuant to section 15-109.

(Code 1959, 18-312; Ord. 1022)

In the event a bill remains unpaid on the last day of the month, water service to the user shall not be disconnected if the daytime high temperature on the last day of the month is below 38° Fahrenheit. Water service shall remain connected until the first day thereafter that the daytime high temperature is 38° Fahrenheit or higher. Water service disconnected for nonpayment of a delinquent bill hereunder shall remain disconnected until the delinquent bill, interest penalty thereon, and the reconnection charge are paid in full.

(Ord. 1022)

If a water bill appears excessive and complaint is made immediately to the superintendent, the meter shall be reread and reasonable assistance given in search for the cause of waste water, but in no case will the light and water department be liable for water wasted on the consumer’s side of the meter.

(Code 1959, 18-303)

(a)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, 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 public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b)   Before any connection is made to. the city’s water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(Code 2008)

All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only.

(Code 2008)

Anyone desiring water shall make application in writing to the city clerk for a permit signed by the owner or his or her agent at least one day before the excavating is ready, showing the size of the tap to be used and the kind of service pipe to be used and the exact location where the main is to be tapped; the name of the owner and the purpose for which the water is to be used, together with a diagram of the property showing the location and giving the lot and block on which it is situated. All tapping and laying of service pipes to sidewalk and the placing of the stop cock, including the iron box for the same and the digging and the filling of trenches shall be done under the supervision of the superintendent who shall be furnished with all materials and labor by the city, for which material and labor shall be charged the then current actual cost to the city of the materials plus a reasonable fee for labor and or machine hire required for making street, alley or other opening and/or closing. A current list of all costs shall be kept on file with the city clerk’s office at all times.

(Ord. 801, Sec. 1)

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 thereon, and the reconnection charge.

(Code 2008)

(a)   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 or distribution system of the municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the superintendent of the city and by the Kansas State Board of Health.

(b)   It shall be the duty of the superintendent of the city to cause surveys and investigations to be made of all industrial and other properties served by the public water supply where private, auxiliary, or emergency water suppliers other than the public water supply are known to exist or where such supplies are likely to exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the superintendent shall deem necessary.

(c)   The superintendent of the city or his or her duly authorized representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of inspecting the piping system or systems thereof. On demand the owner, lessees, or occupants of any property so served shall furnish to the superintendent any information which he or she may request regarding the piping system or systems and any private, auxiliary or emergency water supply used or useful on such property. The refusal of such information, when demanded, shall, within the discretion of the superintendent, be deemed evidence of the presence of improper connections as provided in this section.

(d)   No person shall spray a herbicide, insecticide, etc. by using a sprayer with a hose adaptor connected to the public water system of the city, unless there is a back-flow valve that will prevent the herbicide, insecticide, etc., from entering the public water supply system.

(e)   The superintendent of the city is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property whereon any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measure as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such connection or connections shall have been eliminated or corrected in compliance with the provisions of this section.

(Ord. 819, Secs. 1:5)

Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted 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 backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive valves and systems as determined by the superintendent.

(Code 2008)

Water consumers shall cause to be placed at their own expense in the service pipe between the main and the property line and within 12 inches of the curb if the Street is curbed or within 12 inches of the street side of the sidewalk if the street is not curbed, a curb cock and service box which shall comply with the rules of the light and water department and no water shall be supplied or continued unless this is done. All service pipe installed between the water mains and the curb cock shall be extra strong lead pipe or extra strong wrought iron pipe and the connection at the main shall be with an approved lead flange corporation stop cock with at least two feet of extra strong lead pipe installed under the supervision of the superintendent.

(Code 1959, 18-304)

All work done and all materials used, locations and fixtures shall be done under the direction, orders and approval of the superintendent.

(Code 1959, 18-308)

The city utility superintendent 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 2008)

In all cases where water is to be supplied to several parties or tenants from one connection where the supply is controlled by one service box, the light and water department contracts with only one of the parties who shall be liable for any failure on the part of the others to comply with the rules or ordinances governing the department and shall have all water shut off in the case of any violation. A minimum shall be collected from each consumer.

(Code 1959, 18-305)

Hose larger than one inch shall not be allowed to be used except upon an additional charge therefor, and sprinkling without a nozzle or spray or with a larger opening than one-fourth inch is forbidden.

(Code 1959, 18-310)

The Light and water department reserves the right at any time without notice, to shut off water in the mains for the purpose of repairs, extensions or when caused by accident and shall be liable for no damages occasioned by the unavoidable scarcity of water.

(Code 1959, 18-311)

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. 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.

(Code 2008)

It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body.

(Code 2008)

Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and a charge of $10.00 will be made to the customer.

(Code 2008)

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 city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off.

(Code 2008)

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive.

(Code 2008)

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 employed by the city;

(b)   Make any connections with any extension of the supply pipes of any consumer without written permission to do so having 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 2008)

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 2008)

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 2008)

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its utility superintendent 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 city utility superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply.

(Code 2008)