CHAPTER XV. UTILITIESCHAPTER XV. 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.

(Code 1975, 21-101; Code 1998)

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 1998)

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 1998)

(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 1998)

An application for water service shall designate the location of the property to be provided with water. He or she shall sign an agreement to abide by and be bound by all the rules and regulations now enforced, or hereinafter to be enforced, relating to the operation of the water department, and to pay the rates as are now or hereinafter fixed by the city until service is discontinued on request of customer in writing or for other reasons by the city.

All water accounts and applications for service shall be in the name of the owner of the premises or in the name of the actual resident of the building and the consumer of the water, and both the owner and the consumer shall be liable at all times for the water used in connection with the premises. The city is authorized to refuse service to any applicant other than the above named and if the city finds that the application is false or that a party other than those above named is actually using the water, the service may be disconnected.

(Code 1975, 21-102; Ord. 425, Sec. 2)

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 1975, 21-107; Code 1998)

The cost of each service connection shalt be established by the city council. The cost of all installation and repair of piping and plumbing between the property line and any service lines or devices maintained by the customer, and all extensions hereinafter made, as well as all repairs to same, shall be borne entirely by the applicant, although such service pipes and devices shall, at all reasonable times, be subject to inspection by a duly authorized official of the water department of the city, and repairs found to be necessary by such official, shall be made promptly, or the city may discontinue service until such repairs are made.

(Code 1975, 21-113)

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 1975, 21-111; Code 1998)

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 1975, 21-112; Code 1998)

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 1975, 21-118; Code 1998)

(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 property line.

(d)   Each applicant for water service to be provided by the city shall pay meter installation charges as follows:

Meters for residential service - $500.00.

Meters for commercial service - $1,5000.00.

Meter installation charges for water shall be paid prior to installation.

The term applicant for water service shall not include an application by the owner of rental properties for transfer of the meter from tenant to owner upon termination of a tenancy, providing the premises continues to be used as a rental property and is not used by the owner as his or her residence or place of business.

(Code 1975, 21-106; Ord. 408, Secs. 1, 3:4; Code 1998)

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 1975, 21-115; Code 1998)

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 1998)

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 1998)

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. Any person that disconnects water services within the city and transfers its services to a new location within the city’s water service area, shall be entitled to meter installation for water services without paying a new service charge provided that all services for city utilities at the previous location are paid to date.

(Code 1975, 21-119; Ord. 425, Sec. 1; Code 1998)

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 1975, 21-103, 203; Code 1998)

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

(Code 1975, 21-119; Code 1998)

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 1975, 21-108; Code 1998)

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 1998)

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 1975, 21-116; Code 1998)

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

(a)   The rate charge for water sold and delivered by the City of Udall within the city limits shall be based on the following schedule of usage for the month billed:

                        0 to

1,000

gallons

$        20.00

(minimum charge)

Next

1,000

gallons

$          4.50

per 1,000 gallons

(b)   The rate charge for water sold and delivered by the City of Udall outside the city limits shall be based on the following schedule of usage for the month billed:

                        0 to

1,000

gallons

$        24.00

(minimum charge)

Next

1,000

gallons

$          5.00

per 1,000 gallons

(Ord. 579; Code 2007; Ord. 613; Ord. 625; Code 2014)

All bills due the City of Udall for water service shall be payable by check or cash to the City Clerk at the city office. New Connect fee of $25.00 and a deposit of $90.00 will be required to establish service. Regular bills for water service shall be due and payable the first day of each month for the previous month’s usage. Final bills rendered upon discontinuance of service and all other bills shall be due and payable upon rendition of the bill. A penalty of ten per cent (10%) of the amount thereof shall be added to any bill if not paid in the city office by 4:00 P.M. on the 20th day of the month in which due. Such penalty shall be added to and collected with the bill. If any customer fails or refuses to pay for such services on or before 4:00 P.M. on the 25th day of the month in which due, it shall be the duty of the superintendent to discontinue service to the customer failing to pay; provided, however, that any customer who has failed to pay their bill and whose service is subject to being discontinued for non-payment may request a hearing and be heard if such customer requests a hearing in writing and files such written request with the City Clerk at least five (5) days prior to the date service is subject to being discontinued. A hearing, if requested in the manner hereinbefore set forth, shall be held before the Mayor and the City Clerk no later than twenty-five (25) days following the due date of such bill. The City Clerk shall set the hearing date and give notice of the time and place of hearing to the customer who has filed the request. Service which has been discontinued for non-payment of a bill shall not be restored until all bills are paid in full and a service charge of twenty dollars ($20.00) has been paid to reestablish services.

(Ord. 579; Code 2007; Ord. 613; Ord. 625; Code 2014)

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

(Code 1998)

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 1998)

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. 463, Sec. 1; Code 1998)

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. 463, Sec. 2; Code 1998)

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. 463, Sec. 3; Code 1998)

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. 463, Sec. 4; Code 1998)

The city superintendent shall notify the owner, or authorized agent of the owner, of a building or premises in which there is found a violation of this article, of such violation. The city superintendent shall set a reasonable time for the owner to correct any such violation. If the owner fails to correct the violation within the specified time, the city superintendent shall discontinue delivery of water to the building or premises until the violation has been satisfactorily corrected.

(Ord. 463, Sec 5)