CHAPTER XV. UTILITIES – WATER AND SOLID WASTECHAPTER XV. UTILITIES – WATER AND SOLID WASTE\ARTICLE 1. WATER DEPARTMENT

It shall be the duty of a committee appointed by the mayor and approved by members of the city council, such committee to be members of said city council, to take full charge, control and management of all matters pertaining to the water works of the City of Cottonwood Falls, Kansas. The said committee shall have charge and control of all expenditures in relation to said water works and all bills against said city for materials furnished, work and labor done and performed, all money paid out for or on behalf of said water works, and all such bills and contracts shall be referred to said committee for its approval before any action shall be taken thereon by the Governing Body.

(Code 1976)

The water works department of the city shall consist of the Governing Body, and the officers and employees of the city devoting all or a part of their time to the conduct of the water works department.

The management of the Municipal Waterworks System shall be under the control and supervision of the utilities supervisor, who shall be appointed by the mayor with the consent and approval of the members of the city council.

The utilities supervisor shall have supervision over and the management and control of the water mains, wells, pumps, tanks, fire hydrants, appurtenances and all other appliances and material making up the water works system of the city, and shall perform any other duties devolving upon him which said system may require. He shall report, monthly, the financial, physical and operating status of the waterworks system to the Governing Body. He shall cause such records to be kept as may be necessary for the proper management of said system. The utilities supervisor shall employ such men as may be necessary for the efficient operation of the waterworks system and to make such repairs from time to time, and shall purchase such materials as may be needed for the proper maintenance and operation of said system, such purchases to be made with consent of the waterworks committee.

(Ord. 768; Code 2015)

The city clerk shall be the cashier of the water department, shall make out all water bills and keep a proper record of each customer’s account, including water charges, Kansas retailers’ sales tax, deposits to insure the payment of bills or the safe return of meters, connection charges, penalties, rebates, and all other financial transactions with each customer except such as are required to be kept by other officers or employees. He shall present to the governing body at each meeting a financial statement of the receipts and expenditures of the water department from the time of the last report. It shall be the duty of the city clerk to examine in detail all bills, accounts and claims against the waterworks department, and if found correct, sign his name in approval thereof, but if found incorrect, he shall refuse to approve or allow the same. He shall perform such other and further duties in regard to the waterworks system as may be prescribed herein or in other ordinances of the city or by state law.

“Owner” means the owner of the real property connected or to be connected to the water system. “Customer” is the party in whose name the account is carried. “Consumer” is the party using the water.

Before any connection is made to any water main or distributing line, an application for a connection must be made in writing by the owner of the premises to be connected or by his or her or their authorized representative at the city clerk (or waterworks department).

Such application shall be made on forms provided by the Waterworks Department and shall contain such information as the water department may require. If there is not a main or distributing line to which a connection can be made the requirements in regard to extensions must be met before the application for service connection will be accepted. The application and its acceptance shall constitute a contract between the applicant and the city for the installation of the connection.

All service pipes that may become useless because of laying of larger or other new services, or because water will no longer be used through them, must be permanently closed off at the water main at the expense of the owner of the premises, and so reported to the utilities supervisor. No plumber, or owner of property shall disconnect or remove water supply fixtures or piping from any premises served by city water, or alter the same in such a way as to make the service connection unnecessary for the premises, without permanently closing off the connection at the water main and reporting the same to the Waterworks Department.

If a service pipe or connection which is not being used is found to be leaking, the Waterworks Department may without notice repair or turn off the same, and charge the expense thereof to the owner of property for which the connection was made.

(Ord. 768; Code 2015)

No tap shall be made in any main within one foot of any other tap nor within one foot of any bell or joint in the main, and no tap shall be made in any main less than forty-five degrees from the top of the main so tapped. No tap shall exceed one inch in size.

Copper, galvanized, brass or plastic goose necks shall be used between the corporation cock and the service pipe. No service pipe shall be less than three quarter inch in size. Service pipes may be plastic or copper and shall be laid at least thirty inches below the surface of the ground. No steel pipe shall be used.

Upon application for connection and payment of connection fee of $350.00, the Waterworks Department will make such tap and connection with the nearest main and carry the water in a service pipe furnished by the City to the outer sidewalk line of the property to be served, and install meter and other apparatus herein provided for upon the parking of said property, provided the City shall at no time furnish over 25 feet of three-quarter inch service pipe for any one connection and provided the city shall not furnish a meter of greater size than five-eighths inch. The consumer shall pay for any length of service pipe in excess of 25 feet. If the consumer demands a service pipe larger than three-quarter inch, or a meter larger than five-eighths inch, the consumer shall pay the difference between the cost of the larger size service pipe and/or larger size meter and the cost of three quarter inch service pipe and five-eighths inch meter.

All other necessary work and material to properly serve the premises with water service shall be paid for by the applicant, and kept in good repair by the occupant of such premises. Should water be lost by reason of defects in pipes, fixtures or plumbing installed and put in service by the consumer, such loss shall be borne by such consumer and all water used or wasted on said premises as shown by the meter will be charged for at the regular price. Shall there be an unusual amount of leakage or wastage of water through the water service system of such consumer, the Utilities Supervisor may discontinue service to such premises until such condition is corrected.

(Ord. 773; Ord. 815; Code 2015)

Outside meters serving residences shall be placed in a suitable meter box which shall be located on the parking of such premises served, having a cast iron cover and set flush with the surface of the parking, or at the option of the governing body and the consent or desire of the consumer such meters may be installed in the basement of the property served. All meters shall be placed so as to be accessible and readable at all times. A suitable cut-off or curb cock shall be placed in the water line between the meter and the street. The consumer shall also whenever possible, maintain a stop and waste valve as near the meter as possible for his own convenience.

The owner of any property, to, through, or upon which any water service pipe line shall supply water and which service pipe line, or its connections with any city water pipe line shall become injured, destroyed, defective or leaking, shall, within twenty-four hours after knowledge or notice of any such injury, destruction or leaks, have such service pipe line or connections repaired by a competent and licensed plumber.

Meters shall be installed in a vertical position in a location protected from freezing and easily accessible for reading. When placed underground they must have an approved extension dial properly protected by a section of 4-inch soil pipe or be placed in vaults constructed or parts furnished by or approved by the Waterworks Department. Vaults and meters placed in vaults must be installed as directed by the Waterworks Department.

That it is hereby declared unlawful for any person, firm or corporation to take water from the municipal water system of this city except through a meter; or from any premises without the permission of the owner thereof.

It shall be unlawful for any person, firm or corporation, not authorized by the water department, to injure, take away or destroy any pipe, fittings, parts, repairs, meters, pumps, wells or any other thing or things making up or belonging to the water system of this city, or to turn the city water into any building or on to any premises until the plumbing therefor has been inspected and approved and authority given for the use of such water, or turn on water without permission after being shut off. Section 15-106 must be literally complied with in all cases before any connection shall be made with the city water system.

The use of water shall be confined to the premises served by each meter as described in the application for service.

That the rate for water, and the charge for connection shall be established by a separate ordinance.

It shall be unlawful for any person in this city to use, or allow to be used: during a fire, any water from said water system, except for the purpose of extinguishing such fire, and upon the sounding of the 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 during such fire except in cases of emergency.

If any owner or customer desires to lay large pipes with hydrant and hose couplings to be used only in case of fire, he will be permitted to connect with the street mains and install a meter at his own expense, under the direction and control of the governing body and under the regulations prescribed by this article, upon application to the Waterworks Department, and will be allowed to use the water for fire purposes only, free of charge; provided, that if for any reason water passes through the meter which is not used in case of fire, the regular established rates shall be charged to and paid by the customer.

It shall be the duty of the customer to keep pipes, stop boxes, stop-cocks, and other equipment (except meters as specified in section 15-120) in serviceable condition to prevent loss to the city or damage to the public, and upon failure of any customer to have repairs made promptly the water shall be cut off.

It shall be unlawful for any person to break the seal of a meter, alter the register or mechanism of a meter, make outlets or connections in manner so that water supplied by the Waterworks Department may be used or wasted without being supplied under the terms provided in this article.

Meters shall be furnished by the Waterworks Department and shall remain the property of the city, and the Waterworks Department shall keep the meter in good repair unless damaged or injured for some cause other than natural wear and tear. If the meter is damaged by freezing, rough use, or any cause whatever other than by natural wear and tear, the customer shall be charged the amount of the repair and the amount shall be placed upon the water bill of said customer for the succeeding month and shall be collected with the bill and if not paid within the time provided for the payment of bills, the water shall be disconnected.

It shall be the duty of the utilities supervisor to cause all meters to be inspected at least once each year and at such other times as may be deemed necessary, and the employees of the Water-works Department are authorized at reasonable hours to enter upon the premises of the customers for the purpose of repairing, replacing or inspecting meters in service. If any meter be found to vary in excess of 2% from 100% accuracy, the reading of the meter shall be corrected according to the percentage of inaccuracy found but no correction shall extend beyond the date of the last regular reading. Where service is rendered customer through a defective meter the charge for such service shall be based upon the estimated consumption.

(Ord. 768; Code 2015)

Any party desiring to purchase water from the Waterworks Department shall make an application for water service upon a contract blank furnished by the Waterworks Department, stating fully and truly the purposes for which the services are requested. The rates, rules and regulations provided herein and in subsequent ordinances shall constitute and be considered a part of the contract with every person, firm, or corporation who is supplied with water from the waterworks system of the city, and each such person, firm, or corporation, herein called the customer or consumer, shall be held to have consented to be bound thereby. A meter shall be installed and the water turned on after the making of the application and the payment of any required fee and the making of any deposit which may be required herein or by other ordinances of the city or law of the state.

Water shall be sold by meter measure and the amount of water consumed shall be determined by a standard water meter, except under conditions as otherwise specified in this or other ordinance.

That water purchased to be hauled in tanks shall be charged for at rates established by ordinance. Rates for temporary use of water that cannot be metered shall be fixed by the Governing Body.

No allowances shall be made for water used, lost or wasted 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 governing body from any meter reading or water bill which he may consider excessive.

All water bills shall be due and payable on the first day of each quarter for water consumed the preceding quarter and all accounts payable to the city for water and other services shall be paid on the 15th of the month following the date due. In the event payment of charge is not made on or before the 15th of the month, the utilities supervisor shall immediately cut off the water, and before the service shall be restored the customer shall pay the said bill and the further sum of one dollar for turning the water off and on. The bills for water consumed shall be figured from the meter reading reports; provided, that government departments and private firms with established credit with general offices located outside of the city of Cottonwood Falls may be granted additional time for passing bills through their channels.

(Ord. 768; Code 2015)

Contractors and others having use for water for construction of buildings and other improvements or other use shall make application to the city clerk (or proper officer) for such service, and shall make such deposit as the utilities supervisor may require, based upon estimated use of water, and the city shall furnish a portable meter for metering the same, which meter shall be under the charge and control of the Water Department only, and such contractor or other person shall pay such charges for connection as the Water Superintendent may require.

(Ord. 768; Code 2015)

The revenue derived from the sale and consumption of water shall be placed in the city treasury and kept in a separate fund to be known as ‘‘Waterworks Fund,” and shall not be paid out nor distributed except for the purpose of operating, renewing or extending the plant, the payment of interest on outstanding bonds issued for the construction, extension or purchase thereof, and the payment of salaries of employees; and at any time that there may be a surplus of such fund, it shall, if needed to redeem bonds, be quarterly placed in a sinking fund, which shall only be used for the purpose of redeeming bonds that may have been issued for acquiring, renewing or extending said plant, 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, said surplus may be transferred and merged into the city general revenue fund and or any other fund or funds of the city.

Each property shall have its own service pipe except that joint service across or along the public streets may be allowed when the property to be served does not abut the street along which the water main is laid. Any premises occupied as a duplex, apartment house or other multiple unit dwelling, or occupied in conjunction with a store or such other building and served from one connection shall pay a minimum charge as for a domestic customer for each apartment or service unit, unless provision is otherwise made with the utilities supervisor; provided, this shall not apply to hotels and tourist camps; provided further, this shall not prohibit the installation of a separate meter for each apartment or service unit. The city will contract with only one of the several parties (except where separate meters are installed for each service unit) and on his failure to pay or abide by the regulations the water will be cut off.

(Ord. 768; Code 2015)

No customer shall supply water in any way (by sale, gift or other­ wise) to any other person or party without the written permit from the Water Superintendent, nor shall he permit others to use his hose or attachments nor leave them exposed to the use of others.

A customer shall give the Waterworks Department proper notice two days before the time he desires service to be discontinued; upon failure to give such notice, he shall be liable for the water registered by the meter or the minimum bill until such time as the notice is given.

A cut-off shall be installed for each service line for each premise served and at such place as the Water Superintendent may direct such installation to be made by the Waterworks Department, the cost for same to be collected with bill due following month; if not paid, water shall be cut off.

That the utilities supervisor shall renew all old service lines from the main to the meter whenever it shall, in his opinion, become necessary. The property owner may renew the service lines on his property upon notification from the utilities supervisor of the intention of the city to renew it.

(Ord. 768; Code 2015)

In turning on water, the city of Cottonwood Falls or the Waterworks Department or the officers or employees thereof shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes.

Customers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. The city reserves the right to cut off the supply if unnecessary waste of water takes place.

The city reserves the right to prohibit the use of water for yard sprinklers, elevators, and large consumers of water, and to restrict the use by domestic consumers when in the judgment of the governing body it is necessary because of an inadequate supply of water or for other reasons.

No steam boiler shall be directly connected to the service pipe, unless proper check valves are installed and safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where steam pressure may be raised in excess of forty (40) pounds per square inch. The owner shall make such provisions as may be required by the Waterworks Department before the water may be supplied to such an installation.

The city hereby reserves the right at any time without notice to shut off the water in the mains for the purpose of making repairs or extensions, or for other purposes, and all consumers having boilers, or hot water tanks within the premises not supplied by tanks but depending upon the pressure in the mains to keep them supplied with water are hereby cautioned against the danger of collapse.

All customers and consumers of city water are hereby notified that in case of fire the Waterworks Department furnishes water for use in putting out fires and all mains and lines may be subjected to pressure greater than normal, and that no claim will be allowed against the city for any leaks or ruptures or other damage or injury caused by such fire pressure.

The City of Cottonwood Falls 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 and service connections are in good working order, and the supply of water sufficient for the usual demands of the consumers. The city shall not be liable for any damage done or accident incident to the lack of pressure, or insufficient water supply or break in main, or the shutting off of the water supply or failure of energy used for pumping.

The utilities supervisor and his duly authorized assistants shall have free access at all reasonable hours to any premises where it may be necessary to ascertain the reading of the meter, location or condition of water pipe or other fixtures attached to the city water­ works or to shut off or turn on water from or to any premises, or from or to any hydrant pipe, or other attachment or for the purpose of seeing that the rules and regulations of this article are observed or for any other purpose that the utilities supervisor may deem essential for the operation of the works, prevention of waste or protection of revenue for the waterworks, and for failure of any customer, consumer or owner to abide by this provision of this article the water may be discontinued upon 24 hours’ notice to the customer.

(Ord. 768; Code 2015)

It shall be unlawful for any person, firm, or corporation to take any water from the municipal water system except when it is drawn through a meter installed by the city, unless in a manner otherwise authorized herein.

It shall be unlawful for any person to deface, damage or destroy any of the property of the waterworks system, operate valves, hydrants, stop gates at darns, or in any other manner interfere with the operation of the said Waterworks Department.

The city will thaw that portion of any service connection which was installed by the city free of charge, but the consumer or property owner shall be responsible for thawing any portion not installed by the city.

Any person, firm or corporation who shall be convicted of violating any of the provisions of this article shall be fined not more than one hundred dollars or imprisoned not more than three months, or both so fined and imprisoned, and shall be committed to jail until the fine and costs are paid.

(a)   There is hereby created within the city of Cottonwood Falls, Kansas, the position of Utilities Supervisor.

(b)   The Utilities Supervisor shall have all of the powers and duties previously given by Ordinance to the Supervisor of Streets and Alleys and the Supervisor of Waterworks.

(c)   Wherever the positions of Superintendent of Streets and Alleys and the Supervisor of Waterworks appears in the Code of the City of Cottonwood Falls, 1976, as amended, and in any of the Ordinances of the City of Cottonwood Falls, they shall be replaced with the position of Utilities Supervisor.

(Ord. 768; Code 2015)