Colwich, Kansas Sedgwick County
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SECTION 15-201 DEFINITIONS.

Wherever used in this article, the terms listed below will have the meanings indicated which are applicable to both the singular and the plural thereof.

User: Person, company, firm, corporation, or organization utilizing water for potable use or disposing water to the citywide sanitary sewer collection system.

city: city of Colwich, Kansas (Ord. 477; Code 2004)

SECTION 15-202 REGULATIONS.

The rules and regulations hereinafter set forth shall constitute and be considered a part of this ordinance for every person and company, firm or corporation supplied with water from the municipal water system of the city,hereinafter referred to as the "city". Every person, company, firm or corporation hereinafter sometimes called "consumer", who utilizes water or requests the use of water shall be held to have consented to be bound hereby.

  1. In connection with the operation of the municipal water system, there is hereby created a water utility department to be staffed with personnel at the discretion of the city council of the city.
  2. Connection to Municipal Water System Required. At such time as a municipal water system becomes available to any property, a direct connection from all structures and property within the city to such municipal water system shall be made by all owners of such properties and/or structures providedhowever, that every water faucet within all dwellings must be connected to the municipal water system, and no other water system, and provided, further, that existing well water systems, including those located in garages of residences, may be used only for lawn consumption and may not be used for potable consumption; and provided further, that attached garages or outbuildings may be plumbed for municipal water system service from the host building.
  3. Notwithstanding any provision in this article to the contrary, no industrial or commercial consumer of water in the city limits shall be required to connect to the municipal water system if such consumer has in the preceding six months shown an average water use in excess of 300,000 gallons per month.(Ord. 477, Sec 1; Ord. 505 Sec. 1; Code 2004)

SECTION 15-203 SERVICE/PRESSURE NOT GUARANTEED.

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, and power service connection are in good working order, and the supply of water is sufficient for the usual demands of its consumers. The city does not guarantee any specific water pressure for its services. The city shall not be liable for any damages done or accidents due to the lack of pressure, or insufficient water supply or a break in the mains, or the shutting off of the water supply, or the failure of power or other energy used for pumping.

SECTION 15-204 RATES.

The city will establish a system of water revenues through a separate ordinance, which in combination with a mill levy assessed against real property in the city will be sufficient to pay annual debt service and anticipated operation and maintenance expenses. The water revenue system will consist of a combination of a monthly minimum charge and a rate per unit of water used.

SECTION 15-205 FIRE HYDRANTS.

In the event a consumer files a written request with the city clerk requesting the city install one or more fire hydrants at or near a designated premise, and the fire hydrant, or hydrants, due to their location will facilitate fire protection to said consumer premise only, and the fire hydrant or hydrants are installed on said premises, then the following charges shall be made for same:

  1. $3,500.00 for each fire hydrant if attached to an existing main. Should new mains be required to provide service the cost for the installation will be determined based on the cost associated with such improvements.

SECTION 15-206 METERS.

The installation of meters and water service lines shall be in accordance with the following specifications and requirements:

  1. All water furnished to customers shall be metered.
  2. One meter service line and meter shall be installed for each premise. Additional meters, water service lines and other appurtenances may be installed as approved by the city and all such additional costs shall be borne by the applicant unless determined otherwise by the city. The city shall do any new five-eighths inch meter installations after a fee for construction has been paid to the city clerk. The cost of installing new water service within the city limits shall be as follows:
    1.  The cost of installtion for non-boring connection is hereby set at the sume of $750.00.
    2.  The cost of installation for a bored connection is hereby set at the rate of $750.00 plus the actual cost of such boring.
  3. In the event a consumer requests a meter larger than five-eighths inch, the consumer shall pay, in addition to the permit, inspection and connection fee, the additional cost of any larger meter, together with all increased costs incidentals to the installation of said meter.
  4. All meters installed shall remain the sole property of the city. It shall be unlawful for any person to tamper with or obstruct access thereto by the city.
  5. Each and every unit, business or place of business, shall be on a separate water meter. The city shall permit no master metering of the water except as noted below or approved by the city council:
    (1) Detached garages or outbuildings may be plumbed for water service from the host building.
  6. Meters shall be located between the sidewalk or property line and curbing. In the business district, after initial completion of construction of the water system, the meter must be installed in a location specified by the maintenance supervisor.
  7. The city's responsibility for repair and maintenance of any water line shall not extend past the property line, but in no event shall the city's responsibility extend beyond the water meter.(Ord. 477, Sec. 5; Ord. 491 Sec, 1; Ord. 477A, Sec. 1; Code 2004)

SECTION 15-207 TESTING.

Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a request is made in writing for the meter to be tested, and it is found to be accurate within five (5) percent, the meter will be deemed correct and a charge of $10.00 will be made to the customer. The city will send the meter in question to the manufacturer for re-certification. Should the meter be found to be inaccurate, an adjustment may be given to the customer for any period during which the accuracy appears to have affected the water meter reading, not to exceed six months of billing assessments.

SECTION 15-208 TAMPERING WITH METER.

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. Violation of this Section shall be punishable by a fine of not more than $1,000.00 for each twenty-four (24) hour period.(Ord. 477, Sec 7; Code 2004)

SECTION 15-209 LEAKS PROHIBITED; PENALTY.

No allowances shall be made for water used or lost through leaks, carelessness, and neglect or otherwise after the same has passed through the meter. However, every customer shall have the right to appeal to the city the water bill or meter reading which he or she considers excessive.(ord. 477, Sec 8; Code 2004)

SECTION 15-210 MONTHLY BILLINGS.

All monthly water bills are due and payable at city hall on the fifteenth (15th) day of each month. The city shall be entitled to a delinquent interest payment of two percent (2%) per month on the delinquent amount.

If water service is terminated because of non-payment of bill and the water bill is thereafter paid in full, water service to the premises may be reinstated on payment of a disconnection fee of $25.00. The customer may make advance payment to avoid service termination.

In the event that the city receives more than one insufficient funds check from a customer in payment of their water bill, then the customer shall in all future payment of their water bill pay the same in cash or cash equivalent. Receipt of an insufficient funds check shall be treated by the city clerk as an unpaid water bill and the penalties will be assessed as set forth by ordinance for providing a check of insufficient funds to the city.(Ord 477, Sec. 9; Code 2004)

SECTION 15-211 NOTICE: HEARING.

If any water bill is not paid by the fifteenth (15th) of the calendar month, then a delinquency and termination notice shall be issued containing the following information:

  1. The amount of the unpaid balance plus interest.
  2. The customer's right to a fair hearing before the city council or the city council's delegate by appointment.
  3. Notice that service will be terminated if the amount due is not paid by the 25th of the month without further notice from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges.

    If the customer of record is not the occupant where service is provided, then the department shall provide similar notification to the occupant. The request for a hearing must not be any later than three (3) working days before the date of discontinuance. Such hearing will be conducted by the city council or its delegate. Customers are responsible for furnishing the department with their correct address for billing purposes.(Ord. 477, Sec. 10; Code 2004)

SECTION 15-212 FINDING.

Following the hearing, if the city council or its delegate shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If service is to be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, no further notice need be given. The city council or its delegate has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.(Ord. 477, Sec. 11; Code 2004)

SECTION 15-213 DISCONNECTION AND RECONNECTION OF SERVICE.

Residents who will be leaving town for a period of more than two weeks and requests service to be disconnected will be charged a $10.00 service fee.

If the city water department is dispatched to terminate service for non-payment of a water bill, but before service is terminated the bill is paid in full, the water consumer shall still be charged the applicable disconnection fee set forth.

Payments for disconnection will only be accepted at city hall. No city employee shall accept payment outside of city hall. Connection of water service for a new service or for non-payment of an account will take place between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday at city hall. Service will not be reconnected unless a person 18 years of age or older is present at the residence. No service that has been disconnected for non-payment will be reconnected after office hours or on weekends. If water is re-connected by someone other than a city employee without the city's approval the occupant will be charged with theft of services in Municipal Court.(Ord. 477, Sec. 12; Code 2004)

SECTION 15-214 APPLICATION FOR SERVICE.

Every person will make application in writing to the city clerk for service. The application shall be in such form as shall from time to time, be prescribed by the governing body. A request for water service shall be accompanied by an advanced deposit of $100, which the city will hold as credit to be applied to the final amount due at the time of discontinued service. No deposit will be required for homes connecting to the water system for the first time during the first six months of the system's operation.

When water is discontinued, said credit will be deducted from the unpaid balance and if the remaining credit is a debit balance, the customer shall pay the city the amount due.

A property owner may have water connected for a deposit in the amount of $10.00 for the purpose of cleaning and renovating rental property. If the service remains connected the bill will be sent to the property owner until such time the occupant establishes a new service.(ORd. 477, Sec. 13; Ord. 499, Sec. 1; Code 2004)

SECTION 15-215 UTILITY DEPOSIT.

At the time of making application for utility service, the property owner or customer shall make a deposit in the amount of $100.00 to secure payment of accrued bills or bills due on discontinuance of service. Except, in conformance with K.S.A. 12-808c, the city clerk shall require a single deposit to be paid by a customer who is a non-owner tenant for all utility services, in an amount not to exceed an amount equal to the expected average bills for a three month period for such utility services. Receipt thereof shall be issued to each such depositor. Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer's account January 1st of each calendar year.

On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year. Interest due and accrued shall not draw interest.

Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer. Deposit refunds will be made at the next regularly scheduled accounts payable cycle.

Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.(Ord. 477, Sec. 14; Code 2004; and Code 2010)

SECTION 15-215 UNAUTHORIZED SERVICE.

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. Except in the case of an emergency, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to turn off the water at the water meter or curb cock, and, after repairs have been made, to turn on the water at the water meter or curb cock, provided that the city has not otherwise terminated the service.(Ord. 477, Sec. 15; Code 2004)

SECTION 15-217 LIABILITY TO PROPERTY OWNERS:

  1. Each owner of real property within the city, to which water and/or sewer services are supplied, and who is the actual user of said services is hereafter liable to the city for all charges for providing such city water to the real property.
  2. In the event such water is not paid within the time and in the manner required by ordinance of the city, the city clerk shall attempt to collect the delinquent amount using a reputable collection agency. (ORd. 477, Sec. 15; Code 2004)

SECTION 15-218 INTERRUPTION OF SERVICE.

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.(Ord. 477, Sec. 17; Code 2004)

SECTION 15-219 PROHIBITED ACTS.

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

  1. Perform any work upon the pipes or appurtenances of the city's waterworks systems beyond a private property line unless such person is employed by the city.
  2. Make any connections with any extensions of the supply pipes of any consumer without first obtaining written permission to do so from the mayor or the governing body.
  3. Remove, handle, or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. Except that, it shall not be unlawful for the owner or occupant or the authorized agent of the owner or occupant to remove the meter lid and turn off the water at the water meter or curb cock, as set forth in Section 15 of this article, provided; that the said meter lid is subsequently replaced.(Ord. 477, Sec. 18; Code 2004)

SECTION 15-220 UNIFORM PLUMBING CODE.

No person, firm or corporation shall violate the provisions of the Uniform Plumbing Code in effect with Sedgwick County Department of Code Enforcement.(Ord. 477, Sec. 19; Code 2004)

SECTION 15-221 RIGHT OF ACCESS.

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspection meters or water lines.(Ord. 477, Sec. 21; Code 2004)

SECTION 15-222 WASTING OF WATER.

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.(Ord. 477, Sec. 22; Code 2004)

SECTION 15-223 UNAUTHORIZED USE OF HYDRANTS.

No person, firm or corporation, unless authorized by the city council shall take or remove water from any public or private fire hydrant, plug, street, wash, draw, cock, hose, pipe, fountain, except for fire purposes, or in anyway use or take water for private use without paying for same as herein provided. Water necessary for municipal uses, such as fire fighting, flushing of streets and sewers, street sweepers and dust control, may be obtained from fire hydrants by the city.(ORd. 477, Sec. 22; Code 2004)

SECTION 15-224 CHECK VALVES.

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.(Ord. 477, Sec. 23; Code 2004)

SECTION 15-225 PROTECTIVE BACKFLOW DEVICES REQUIRED.

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.(Ord. 477, Sec. 24; Code 2004)

SECTION 15-226 CROSS CONNECTIONS PROHIBITED.

No person shall make or permit to be made a cross connection whereby a private, auxiliary, or emergency water supply other than the public water supply of the city may enter the supply or distribution system of the municipality. No installation of potable water supply piping or part thereof shall be made in such a manner that it will be possible for untreated used, unclean, polluted or contaminated water, mixtures or substances to enter any portion of such piping for any tank, receptacle, equipment or plumbing fixture by reason of backsiphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle, equipment or plumbing fixture is flooded, or subject to pressure in excess of the operating pressure in the hot or cold water piping. Upon notification that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the city or its duly authorized agents.(Ord. 477, Sec. 25; Code 2004)

SECTION 15-227 SERVICE REFUSAL/CONTAMINATION.

The water department, pursuant to the provisions of the Kansas statues may refuse to deliver water to any premises whereon any condition exists which might lead to a contamination of the public water supply and may continue to refuse such delivery of water to any such premises until such condition is remedied.(Ord. 477, Sec. 28; Code 2004)

SECTION 15-228 INSPECTION.

The city maintenance 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. (Ord. 477, Sec. 28; Code 2004)

SECTION 15-229 ADDITIONAL RULES.

It shall be the duty of the governing body to formulate and enforce such additional rules, not inconsistent herewith, as may be necessary from time to time for the proper conduct of the water department and the same shall be binding upon the city and its customers upon such approval. (Od. 477, Sec. 28; Code 2004)

SECTION 15-230 PENALTY:

Any person, firm or corporation violating any provision of this Ordinance shall, upon conviction, be fined a sum not to exceed $500.00. Any subsequent violation taking place within any given 24 hour period shall be deemed a separate violation for which a separate fine shall be assessed.


 
City of Colwich
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colwichclerk@sbcglobal.net
310 S. Second
 
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February 12, 2010 / Diana Brooks / Colwich, Kansas / colwichclerk@sbcglobal.net

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