CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 2. 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.

(Ord. 623; Code 2003)

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 2003)

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 2003)

(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 2003)

(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.

(Code 2003)

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 2003)

(a)   The fee for each connection to the municipal water system shall be $7,500.00 payable to the city prior to the issuance of the permit. No permit required by this Article shall be issued until the connection fee has been paid in full.

(b)   The costs for the connection to the municipal water system, including any costs incurred by city for the connection, shall be borne by the applicant. The city’s costs may include, without limitation, the equipment, material, and labor costs associated with trenching from the main to the property line, installing the service line, tapping the main, and backfilling the trench.

(c)   If there is no main or distributing line to which a connection can be made, the requirements and conditions established by the utility superintendent in regard to extensions must be agreed to and accepted by the applicant before the permit is issued. The utility superintendent shall determine the size of all pipe to be used for service connections and extensions as well as the type of pipe to be used and the depth in the ground it is to be placed, which shall never be less than thirty (30) inches. The application and its acceptance shall constitute a contract between the applicant and the city for the installation of the connection.

(Ord. 692; Code 2003; Ord. 768; Ord. 830)

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 2003)

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 2003)

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 2003)

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

(b)   All meters shall be furnished by the water department and shall remain the property of the city.

(c)   Meters shall be placed in standard meter pits of the appropriate size, with standard covers at or near the property line.

(d)   The city’s responsibility stops at the main meter.

(Ord. 722; Code 2003)

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 $35 will be made to the customer.

(Code 2003)

Meters shall be read, as near as possible, on or before the 20th day of each month.

(Ord. 623; Code 2003)

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 2003)

Allowances may be made by the City Council for the cost of water lost through leaks or excusable neglect after the water has passed through the meter. Any customer seeking such an allowance must appeal the bill they deem excessive by filing a written appeal with the City Clerk, requesting that the matter be heard by the Council at its next, regularly scheduled meeting. The appealing customer must show that the leak was not due to carelessness or neglect and that the customer took immediate steps to remedy the leak and minimize the loss of water. Upon proof of those factors being presented to the Council, its members may decide to require the customer to pay only the cost of producing that portion of the water used which is above the average amount of water used by the customer based upon usage over the previous twelve (12) month period. The cost per thousand (1,000) gallons shall be based on the City’s cost to produce water. In the event that figure is not ascertainable, the City shall use the cost the City pays to purchase water.

(Code 2003; Ord. 806)

A water service disconnection and reconnection charge of $30. 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 2003)

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 2003)

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

(Code 2003)

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;

(d)   To pollute or cause to be polluted, the water of the waterworks system;

(e)   To take water from the municipal water system, except when it is drawn through a meter installed by the city.

(Ord. 623; Code 2003)

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. 623; Code 2003)

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.

(Ord. 623; Code 2003)

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

(Code 2003)

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

(a)   Water lawns, gardens, trees, shrubs, plants and water 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 use, other than industrial;

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

(Code 2003)

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.

(Ord. 623; Code 2003)

(a)   BASE RATES FOR CITY CUSTOMERS. The following classes of users and base rates for those users are hereby established for customers located within the City limits of Lecompton, Kansas:

(1)   Thirty-Nine and 40/100 dollars ($39.40) per month for the first 2000 gallons or less used by: (A) city customers utilizing three-quarter (3/4) inch water meters; and (B) all other city customers not otherwise identified herein.

(2)   Fifty-Nine and 10/100 dollars ($59.10) per month for the first 2000 gallons or less used by city customers utilizing one (1) inch water meters.

(3)   Sixty-Eight and 95/100 dollars ($68.95) per month for the first 2000 gallons or less used by city customers utilizing one and one-half (1 ½) inch water meters.

(4)   Seventy-Eight and 80/100 dollars ($78.80) per month for the first 2000 gallons or less used by city customers utilizing two (2) inch water meters.

(b)   BASE RATES FOR RURAL CUSTOMERS. The following classes of users and base rates for those users are hereby established for customers located outside of the City limits of Lecompton, Kansas, otherwise referred to herein as rural customers:

(1)   Forty-Three and 30/100 dollars ($43.30) per month for the first 2000 gallons or less used by: (A) rural customers utilizing three-quarter (3/4) inch water meters; and (B) all other rural customers not otherwise identified herein.

(2)   Sixty-Four and 96/100 dollars ($64.96) per month for the first 2000 gallons or less used by rural customers utilizing one (1) inch water meters.

(3)   Seventy-Five and 79/100 dollars ($75.79) per month for the first 2000 gallons or less used by rural customers utilizing one and one-half (1 ½) inch water meters.

(4)   Eighty-Six and 60/100 dollars ($86.60) per month for the first 2000 gallons or less used by rural customers utilizing two (2) inch water meters.

(c)   EXCESS RATES FOR ALL CUSTOMERS. For all water used in excess of 2000 gallons per month there will be a charge for each additional 1000 gallons usage or fraction thereof as follows:

(1)   Twelve and 34/100 dollars ($12.34) per 1000 gallons for any customers utilizing three-quarter (3/4) inch water meters and any other customers not otherwise identified herein.

(2)   Thirteen and 12/100 dollars ($13.12) per 1000 gallons for any customers utilizing one (1) inch water meters.

(3)   Fourteen and 29/100 dollars ($14.29) per 1000 gallons for any customers utilizing one and one-half (1 ½) inch water meters.

(4)   Sixteen and 00/100 dollars ($16.00) per 1000 gallons for any customers utilizing two (2) inch water meters.

(Ord. 815; Code 2025)

All water bills for the previous month’s water service shall be paid on or before the 10th day of the month following the service. For any billing not paid when due a late charge of 10% will be added to the bill.

(Code 2003)

Water service shall be terminated for nonpayment of service fees or charges pursuant to Article 1 of this chapter.

(Code 2003)

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 2003)

The city may extend its mains or lines within or without the city by construction or purchase, when applications have been made and agreements entered into by persons along the purpose extensions that will produce revenue sufficient to pay interest on the cost of the extension and the operating cost of the service; provided, however, that the city may make extensions within the city without application having been made if the condition of the waterworks fund will permit such extensions and provided further, that the city may at its option require any proposed customer situated outside the city limits to whom it may desire to sell water to construct his or her own water connection to a water main within the city at his or her own expense. Provided, however, that the city reserves the right to replace any water line extension in the event the city limits shall be extended to bring customers within the city and the city may purchase such replaced lines at the salvage price thereof.

(Ord. 623; Code 1987)

Unless special written permission is granted by the governing body, each building on any lot or piece of ground shall have a separate and distinct water service connection and where permission is granted for branch service from a connection line, each branch service must have a separate meter and cutoff installed at the expense of the customer. Where any such branch service now exists, the owner of such branch shall install at his or her own expense, at the direction of the waterworks superintendent, a meter and cutoff at each branch service.

(Ord. 623; Code 1987)

No person or persons shall make any excavation in any street, alley or public ground, for the purpose of laying any pipe for water service connections without first having secured a permit in writing to do so from the water superintendent. The water superintendent will direct the precautions to be provided for the necessary safety during the excavating project.

(Ord. 623; Code 1987)

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 and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body.

(Ord. 700; Code 2003)

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. 700; Code 2003)

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.

(Ord. 700; Code 2003)

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.

(Ord. 700; Code 2003)

The Mobile Lodge Community is private property which is served by the City of Lecompton for sewer and water. The water service for the Mobile Lodge Community shall include the following requirements and adopt the remaining requirements of the City Code as applicable.

(a)   The Mobile Lodge Community will be serviced by two (2) two (2) inch master meters.

(b)   The City of Lecompton shalt be responsible for the operation of the two (2) two (2) inch meters and shall read the meters and bill the Mobile Lodge Community based upon the readings from the two (2) two (2) inch meters.

(c)   The rate for the Mobile Lodge Community shall be $6.80 per 1,000 gallons of water used or a fraction thereof for each two (2) inch meter.

(d)   All water bills for the previous month’s water service shall be paid on or before the tenth (10th) day of each month following the service. For any bill not paid when due, a late charge of ten (10%) percent will be added to the bill.

(e)   All established requirements in the existing code in Chapter 15 for utilities and specifically those in Article 2 for water shall apply and be in full force and effect except as otherwise modified herein.

(Ord. 774)