Chapter XV · Utilities

ARTICLE 2. WATER

Sections 15-201 to 15-226 · 27 sections

15-201 Superintendent of water and sewage; duties

(a)The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be under the supervision of the mayor and hired by the governing body.

(b)The superintendent of water and sewage shall have supervision and control of all other officers and employees of the city waterworks which the governing body may provide. He or she shall make a monthly report to the city clerk of the number of gallons of water pumped, the cost thereof, and the number of gallons of water metered. He or she shall make recommendations to the city council for the improvement or enlargement of the waterworks. He or she shall make and keep up-to-date a map showing the location of water mains, gate valves, and fire hydrants of the city and file a copy of the same in the office of the city clerk and shall make such reports and perform such other duties as the city council may direct.

(Code 1956, 13-101:102; Code 1997; Ord. 578)

15-202 Regulations.

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

(Code 1997)

15-203 Service 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, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers.

(Code 1997)

15-204 Service connections required.

(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 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.

(c)Unless special permission is granted by the superintendent of water and sewage, 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 1956, 13-104, 107, 111; Code 1997)

15-204a Multiple dwelling units; hotels; tourist camps.

(a)Any premises occupied as a duplex, apartment house or other multiple dwelling unit, or occupied in conjunction with a commercial building or other building and which receives water service from a single service pipe, shall pay the minimum water bill as for a domestic customer for each separate unit, unless provisions are otherwise made by contract for such service.

(b)Hotels, motels, and tourist camps may receive service through single installation and shall pay such water rates as may be provided for commercial users of water.

(c)Separate water meters may be installed at the option of the city upon request of the owner for each apartment or other domestic service unit.

(Code 1956, 13-108)

15-205 Application for service.

(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)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.

(c)Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207.

(Ord. 476, Sec. 1; Code 1997)

15-206 City to make connections.

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.

(Ord. 476, Sec. 1; Code 1997)

15-207 Connection fees.

The fees for connection to the city waterworks system shall be as follows:

(a)For connecting water main with three-fourths inch service line and installing three-fourths inch meter - $50.00;

(b)For connecting water main with larger than a three-fourth inch tap, service line or meter - $50.00 plus the cost for actual materials.

(Ord. 476, Sec. 1; Code 1997; Ord. 526; Code 2017; Ord. 573)

15-208 Curb cocks.

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

(Code 1956, 13-110; Code 1997)

15-209 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.

(Code 1997)

15-210 Unauthorized service.

It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to tum 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 1956, 13-116; Code 1997)

15-211 Meters.

(a)All water furnished to customers shall be metered as well as all connections to the service whether billed or unbilled i.e., all city owned properties not billed but monitored for usage.

(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 at a location specified by the city.

(c)The city’s responsibility stops at the property line.

(Code 1956, 13-105; Code 1997; Ord. 578)

15-212 Same; testing.

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.

(Code 1997; Ord. 578)

15-213 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/agent of the city to turn any curb cock on or off.

(Code 1997; Ord. 578)

15-214 Leaks prohibited; penalty.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed 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 1956, 13-105; Code 1997)

15-215 Reconnection charge.

A water service reconnection charge of $50 is hereby established. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest, penalty hereon, water deposit fees as applicable and the $50 reconnection charge.

(Ord. 476, Sec. 4; Code 1997; Ord. 526; Code 2017; Ord. 573; Ord. 578)

15-216 Utility deposit.

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 15-205 and 15-207 to secure payment of accrued bills or bills due on discontinuance of service. Customers in good standing (have paid their utility account in full each month for 12 consecutive months) are not required to pay an additional deposit for other service locations established within the city. However, if service at a location is shut off due to non-payment, then a deposit will be required at that location prior to service being reinstated as well as other applicable fees as outlined in Section 15-215. Deposits will also be required at any other service locations until the customer is deemed to be in “good standing”. The same customer will not be required to pay utility deposits on current service locations that have not been shut off for non-payment, only new installs. New customers must pay a deposit for each service location until they are deemed in “good standing”. Customers currently in good standing that install a meter at a second location are not required to pay a utility deposit.

(Code 1997; Ord. 578)

15-217 Interrupt service.

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

(Code 1956, 3-117; Code 1997)

15-218 Prohibited acts.

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 connection 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 modify or disturb any meter, meter lid, cutoff or any other appurtenances to the water system of the city.

(Code 1997)

15-219 Wasting 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.

(Code 1997)

15-220 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 inspecting meters or water lines.

(Code 1997)

15-221 Rates.

The rates per month for the use of water in the city shall be as follows:

(a)Customers located inside city limits:

(1)Minimum rates (2,000 gallons or less each month) $32.00;

(2)Each 1,000 gallons above the minimum $1.50, or $.015 per each 10 gallons over the minimum 2,000 gallons;

(b)Customers located outside the city limits:

(1)Minimum rate (2,000 gallons or less each month) $33.00;

(2)Each 1,000 gallons above the minimum $1.50, or $.015 per each 10 gallons over the minimum 2,000 gallons;

(c)Hauled by user (not fit for human consumption) $2.00 per 1,000 gallons or $.20 per 100 gallons or fraction thereof.

(Ord. 562; Code 2017; Ord. 582; Ord. 599)

15-222 Payment of bills.

Meters shall be read each month between the 15th and 24th of the month. All water bills for the previous month’s water usage shall be paid by the 15th of the month. For bills not paid by the 15th of the month following the service a late charge of 20 percent will be added to the bill after 12:01 a.m. on the 16th day of the month. All bills not paid in full must be paid by the date and time on the overdue letter issued.

(Ord. 472, Sec: 2; Code 1997; Ord. 578)

15-223 Delinquent accounts; notice; hearing; finding; liability.

Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104.

(Code 1997)

15-224 Use during fire.

No person owning or occupying the 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 1956, 13-114; Code 1997)

15-225 Use, distribution and investment of revenues.

The revenue derived from the sale of water shall be used only for operating, renewing or extending the plant or distribution system, the payment of interest on outstanding bonds issued for the construction or extension thereof; and payment of the salaries thereof. At any time that there may be a surplus of such fund, it shall if needed to redeem bonds, be placed quarterly in a sinking fund which shall only be used for the purpose of redeeming bonds that may have been issued for renewing or extending the plant or distribution system or making renewals or extensions thereto; provided, that when any surplus of either the operating, fund or sinking fund is not needed for any of the above stated purposes, the surpluses may be transferred and merged into the general revenue fund or any other fund or funds of the city, or such surpluses, in whole or in part, may be set aside in a depreciation reserve fund which may be used as hereinabove provided, and which may be invested in U.S. government bonds and in any municipal bonds of the State of Kansas; provided, that such surplus funds so set aside shall not be invested, under the provisions of this section, in the bonds of any county, township, city or school district where the bonded indebtedness thereof shall exceed 15 percent of its total assessed valuation as shown by the last assessment preceding such investment.

(Code 1956, 13-109)

15-226 Extension of utility services outside the city limits.

(a)CONDITIONS OF SERVICE.

If the Governing Body of the City shall deem it in the best interest of the City and its inhabitants and economically feasible, utility service from the City may be furnished to any tract of real estate situated outside the City’s corporate limits, upon terms and conditions as set forth herein.

(b)APPLICATION FOR SERVICE.

Any person outside the City’s Corporate Limits, desiring to make connection with any municipal utility service, shall first make application to the City Clerk. Application shall include a plot plan, drawing and specifications for the utility service. All plans shall be in accordance with City specifications and be approved by the appropriate City Utility Superintendent. The complete application must be received by the City Clerk at least sixty (60) days prior to the start of any proposed utility extension. The Governing Body may approve or disapprove any application for utility extension. The City will install the line from the main to the meter per city guidelines. Property owners requesting service are responsible for the water line extension from the meter at their expense.

(c)LOCATION OF UTILITY EASEMENTS.

(1)The City shall select or approve the location of any utility extension to be constructed, and the applicant for such extension shall secure and provide any and all easements, in favor of the City, and in a form approved by it that may be required for such extension.

(2)Water Extension:

(A)Water meters shall be placed at a location designated by the appropriate Utility Superintendent. No meter shall be placed more than 175 feet from the main; in property’s outside city limits the meter shall be placed at the city limits or not more than 175 feet from the main. In no instance will the meter/line be placed beyond the city limits.

(B)Service line taps shall be located to the closest water main that will provide adequate service in the opinion of the City Utility Superintendent. In no case shall service extend more than 175 feet from the main.

(C)The tap servicing structure and meter shall be no less than two inches (2”).

(D)The property owner is responsible for all costs of repairs and maintenance of the waterline beyond the water meter. If more than one property is benefited by the same line, the costs of repairs are shared, as outlined in subsection (e) below. Failure to pay for repairs will result in termination of water service to the property, as outlined in subsection (e) below.

(d)CONNECTION.

Prior to the connection of any utility extension to the City’s utility service, all appropriate connection fees shall be paid.

(e)EXISTING LINES.

As of the date of passage of Ordinance No. 525, water lines extend beyond the City limits to certain properties located outside the City limits. From this time forward, the property owners benefiting from this extension of water service are responsible for any and all costs of maintenance and repair of the water line from the City limits or meter if located inside the city limits, to the affected residence. The properties benefiting from the section of line to be repaired shall share the cost of repair equally. If a property owner fails to pay or make payment arrangements approved by the Mayor within thirty (30) days of receiving the statement from the City of Miltonvale for the cost of repairs, the City of Miltonvale may terminate the water service to that property until the costs of repairs are paid in full.

(f)RATES, RULES, AND REGULATIONS.

Every person, company or corporation receiving an extension of the City’s utilities shall be subject to all rates governing City utilities to which such extension has been granted. The property owner is responsible for all maintenance for the utility line beyond the meter on new installations.

(Ord. 525; Code 2017)