CHAPTER 13. UTILITIESCHAPTER 13. UTILITIES\Article II. Water Service

Water service furnished by the City shall be furnished in accordance with the rates, charges and rules and regulations provided for in this article and such additional rules and regulations as are promulgated pursuant to the authority granted in this article.

(Code 1982)

Before any consumer of water shall connect his premises with or use water from the water system of the City, application for such installation must be made to the City by the owner of the property on which the water is to be used or by his duly authorized agent.  The application shall be made on a form supplied by the City, and among other things, shall state the location of the property and the purpose for which the water is used.

Any larger or smaller service lines over sixty (60) feet in length will be sized and priced individually after consideration of installation problems as found in the field.  Extension to the distribution system to furnish water services shall be made in accordance with City policy.

(Code 1982; K.S.A. 12-808; K.S.A. 12-817; K.S.A. 65-156, 65-162a et seq. ; Code 2015)

Provision for deposits for water service shall be as set forth by resolution.

(Code 1982; K.S.A. 12-822)

The rates, conditions and availability for specified quantities of water will be set by resolution of the Governing Body.

(Code 1982; K.S.A. 12-822; Code 2015)

Each customer shall make payment as set by resolution to be due at the Office of the Utilities Department in the City Hall during regular office hours on or before the due date or within the fifteen (15) days thereafter; provided, that if the due date is the twenty-fifth (25th) day of a calendar month, payment may be on or before the tenth (10th) day of the calendar month following.  If the amount due is not paid within said time, the amount shall be classified as delinquent and shall therefore have a late payment fee consisting of the greater of ten dollars ($10.00)or ten percent (10%) of the billed amount.  If the account becomes delinquent five (5) days, the water service of the customer shall be disconnected and remain discontinued until final payment is made due, including the late payment fee imposed, plus any applicable disconnection and/or reconnection charges as may be established by ordinance or resolution of the Governing Body. 

(Code 2015)

All water meters to be installed shall be installed and owned by the City, and all meters to be installed or all existing meters or replacements for existing meters which are reinstalled shall be located outside the curb line but within the street right-of-way in a place conveniently accessible to meter readers and repairmen.  A meter and curb stop shall be placed in a meter box with a cast iron cover as prescribed by the City.  Where meters are required to be installed inside a building, the City shall furnish the meter adapters for the installation of the meters.

(Code 1982)

It shall be the duty of the property owner to keep the curb box cover or meter box cover in view above the ground and not to permit it to become covered and to keep the covers in place on the boxes.  A violation of this Section is a Class C misdemeanor.

(Code 2015)

All maintenance and repair of City-owned water service lines from the point of attachment to the main, up to and including the curb stop valve, and all meters and meter enclosures, shall be performed by the City.  The City shall, at its own expense, maintain and keep in repair all City-owned water service lines, curb stops, meters and meter enclosures.  Property owners who own their own service lines, meters, curb stops and enclosures and who elect to retain ownership thereof will be billed for repairs made to these items at the cost to the City of making such repairs, and are hereby required to pay such costs.  Customers requesting their water meter to be tested, or requesting water meter readings at times in addition to regularly scheduled readings, will be billed for any applicable charges for such services as may be established by ordinance or resolution of the Board of Commissioners.  If any meter tested is not within three percent (3%) accuracy, plus or minus, then a proper adjustment will be made at the next regular billing and any applicable change of meter fee will be waived; provided, however, no adjustment shall be made for a period exceeding the preceding two (2) months’ billing and in no event will adjustment be made for the three percent (3%) range, plus or minus, of error.

(Code 1982)

The City shall make all replacements of all service lines, curb stops, meters and meter enclosures whenever such replacement is necessary.  Replacement of service lines, curb stops, meters and meter enclosures, which are the property of the City’s Utility Department with like items of the same size or capacity, will be made at the expense of the Utilities Department.  If, in order to properly serve any premises, it is necessary to replace an existing service line or meter owned by the Utilities Department, regardless of condition, with a service line or meter of larger size or capacity, then the tap fee provided for in Section 13-202 for the applicable size service line and meter installed shall be paid by the property owner.  Payment of the cost of replacement of service lines, curb stops, meters and meter enclosures which are not owned by the Utilities Department shall be made by the property owner.  The City will bill the property owner for its actual cost of making such replacement.

(Code 1982)

Any property owner desiring to assign to the City all rights, title and interest in and to their water service lines, curb stop valves, water meters and meter enclosures may do so; provided, however, that the City shall not accept title to that portion of any service line which extends beyond the City street or alley right-of-way.  If any water meter, curb stop or meter enclosure located outside the street or alley right-of-way is assigned to the Utilities Department, the Department shall be responsible, as set forth in Sections 13-208 and 13-209, for the repair or replacement of such water meter, curb stop or meter enclosure.  The Utilities department may, at any time, whether or not such meter, curb stop or meter enclosure owned by it is in need of repair or replacement, relocate such meter, curb stop or meter enclosure to conform to the location requirement described in Section 13-206.  In the event of such relocation, the property owner shall pay the cost of reinstalling his private service line from the meter to his establishment.  In no event shall the City repair or replace at its expense any private service line which extends beyond the City street or alley right-of-way.

(Code 1982)

When it becomes necessary to replace a service line, curb stop, meter or meter enclosure which is not located within the City street or alley right-of-way, the City may relocate or install the meter, curb stop and meter enclosure to conform to the provisions of Section 13-206.  In the event of such relocation or reinstallation, the property owner shall pay the cost of reinstalling the private service lines from the relocated or reinstalled meter to his establishment; provided, however, the City may pay for such relocation when done so for the sole convenience of the City.

(Code 1982)

The City Manager or his/her designee shall promulgate such rules and regulations as may be necessary from time to time to properly conduct and administer the operations of the water system of the City and to establish conditions of service to its customers.  Violations of such rules and regulations will be punishable as provided in this article.  Fees for insufficient fund checks or other uncollectible instruments or payment may be established by ordinance or resolution of the Board of Commissioners.

(Code 1982)

A.    It shall be unlawful for any person to tamper with or break the seal on a water meter or to alter the register or mechanism of a water meter or to make outlets or connections in any manner which results or could result in the use or waste of water which has not been correctly metered, measured or charged for in accordance with the terms of this article, or to allow such use or waste of water as a result of such tampering, breaking or altering.

B.    A violation of this Section is a Class A misdemeanor.

(Code 1982)

It shall be unlawful for any person without first being authorized to do so by the City Manager or his designee to operate any valves, hydrants, stop gates, dams or any other equipment or facilities, used in the operation of the water system.  A violation of this section is a Class B misdemeanor.  Customers wanting to do their own plumbing and requiring the Utilities Department to turn the water off while work is being done and back on after work is completed will be charged an amount equal to the City’s actual cost to provide this service.

(Code 1982)

A.    It shall be unlawful for any person to make or cause to be made any connection to or upon any private or public potable water source connected to the City’s water distribution system without first obtaining a permit to do so from the City.  Prior to issuance of such permit, the City Inspector shall ascertain if the proposed connection is suitable for the intended purpose.  In determining such suitability, the City Inspector shall require that an approved backwater protection device be installed in the line between any attachment and the potable water source.  A violation of this section is a Class C misdemeanor.

B.    Fees for permits required by this Section shall be as set by resolution of the Board of Commissioners.

C.    If any person shall fail, neglect or refuse to comply with the provisions set forth in Subsection (A) of this section, the Board of Commissioners may cause to be made such repairs or alterations which may be required as a result of such noncompliance, and to assess the costs and expenses thereof against the affected property, such assessment to be made in the same manner as other special assessments are made, in the manner and form as set forth in this article.

(Code 1982)

A.    It shall be unlawful for any person to throw or place any object or pour any substance whatsoever into or to swim, play or bathe in the basins or reservoir of the Water Plant or in any manner pollute the water supply of the City.

B.    A violation of this Section is a Class B misdemeanor.

(Code 1982; K.S.A. 65-184)

The City Manager or his designee shall have access to any premises supplied with water from the distribution system operated by the Utilities Department and shall have authority to direct compliance with the provisions of this article and with the rules and regulations promulgated pursuant to authority set forth in this article.

(Code 1982)