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

The municipal waterworks plant and system of distribution shall be managed and operated in accordance with the administrative code of the city. The active control and supervision of the waterworks plant and system shall be fixed and subject to the direction of the city council which shall make all required ordinances, and approve rules and regulations pertaining to the effective management and operation of the department.

(R.O. 1955, 12-101)

The city clerk shall by virtue of the office be the collector of accounts due the city for the sale of water service and shall prepare the monthly bill of all such accounts from meter readings supplied him or her by employees of the department. All meters shall be read and accounts billed in accordance with the rules of the department. The city clerk shall keep separate accounts with each customer showing the complete transactions between the city and each such customer. He or she shall keep a separate water fund, a sales tax fund, a customer’s deposit fund and such other funds as may be required by ordinance or law. The clerk shall prepare such monthly reports respecting the financial transactions of the business as may be required by the governing body.

(R.O. 1955, 12-102)

Water service shall be supplied by the city upon application made to the city clerk on such forms as may be required by the governing body. Such application and its acceptance by the city shall constitute an agreement on the part of such applicant or customer to abide by the rules and regulations of the waterworks department as may now or hereafter be established.

(R.O. 1955, 12-103)

Any person, firm or corporation desiring a connection with the water system (and in front of or adjoining whose property there is a water main), shall apply in writing at the office of the city clerk, on a form to be furnished for that purpose, for a permit to make connections with the water main. The application shall disclose such information as may be required for the keeping of customers’ accounts and the furnishing of water to the premises to be connected. Upon approval of the application, service shall be supplied to the applicant or customer in accordance with the rules and regulations therefore.

(R.O. 1955, 12-104)

All taps shall be driven, street excavations made, corporation cocks inserted, pipes installed from the main to the curb, curb cocks installed, meter or meters installed and all connections shall be made by employees of the city as hereinafter provided. No one except regular employees of the waterworks department shall make service connections to the municipal water system.

(R.O. 1955, 12-105)

Each premises served with water shall have a separate connection and each service line shall have a separate service connection and each service line shall have a separate meter and cut-off as provided by rules of the department: provided, that in exceptional cases where it is impossible to provide a separate service connection by reason of location of any building, the governing body may grant exceptions to this rule.

(R.O. 1955, 12-106)

All water furnished by the municipal waterworks system shall be measured by meters. All meters shall be installed in the parking or in or adjacent to the alley line if the water main is in the alley.

(R.O. 1955, 12-107)

All service pipe in the city shall be galvanized wrought iron, PVC or copper and shall be laid three feet below the established grade or as low as the street mains.

(R.O. 1955, 12-108)

There shall be a curb cock and a corporation cock or stop in every service line attached to the city water mains.

(R.O. 1955, 12-109)

(a)   All charges for water service installation in the amounts as set from time to time by resolution of the city council shall be paid to the city clerk when application is made for new service installation for supply of water from the city mains. The city shall make such installations when the applicant shall have extended his or her service line to the proper location for a meter as determined by the city.

(b)   Upon disconnection for nonpayment, a non-payment fee will be assessed as provided in Section 15-102.

(Ord. 220; Ord. 315, Sec. 3; Ord. 399, Sec. 6; Code 2004; Ord. 689; Code 2019; Ord. 704)

Property owners shall at their own expense repair, replace or remove all such water lines on their own premises as may be required by the department to prevent loss to the city or damage to the public. When the owner shall fail promptly to repair water lines on his or her own premises after notice by the city, the department may disconnect the service until repaired or until the condition causing loss or damage shall be corrected.

(R.O. 1955, 12-111)

The city expressly retains the title to and the ownership of the water service installation, the water meter and all service equipment used in connection with the supply of water to any premises or building within the city. In the event of subdivision of any lots or parcels of grounds or the transfer of the title to other persons, any water service installed previous to the subdivision of the lot shall be and remain with the building or premises immediately adjacent thereto. All transfers of the ownership of any property in the city now or hereafter served by water by any existing installation shall be deemed not to affect this rule and they will only supply water to the building or premises immediately adjacent to the service connection through the service previously installed.

(R.O. 1955, 12-112)

The city may extend its water lines within or without the city by construction or purchase when applications have been made and agreements entered into by persons along the proposed extension that will in the judgment of the city council produce a revenue sufficient to pay the interest on the cost of the extension and the cost of the extension and the cost of extending water service. The city may make extensions within the city without applications in the manner provided by law. The city may at its option require any applicant from outside the city limits to whom it may decide to sell water, to construct his or her own connection to the water lines within the city at his or her own expense and to maintain the same at the expense of the owner. All such lines and connections shall conform to the materials, specifications and manner of construction and operation as may be provided by the rules of the department.

(R.O. 1955, 12-113)

No excavation made by a plumber in the public grounds shall be kept open longer than is absolutely necessary to make the connections required and while open the ditch or excavation shall be protected by suitable barriers, guards and lights, as provided by ordinances pertaining to such work. The backfilling shall be thoroughly compacted and left in a condition satisfactory to the department. Where such excavation or backfilling is made in an unsatisfactory manner, the department shall cause it to be corrected and the charges thereof shall be charged to the plumber.

(R.O. 1955, 12-114)

Check valves shall be required on all connections to steam boilers or any like connection determined by the department to require protection against back siphoning. Safety or relief valves shall be placed on all boilers or other steam apparatus connected to the water system where the steam pressure may be raised in excess of 40 pounds.

(R.O. 1955, 12-115)

The city reserves the right at any time without notice to shut off the water supply in its mains or laterals to make repairs or extensions. The city shall not be liable for any damages done or accidents due to the lack of pressure, or insufficient water supply or break in the mains, or the shutting off of the water supply, or the failure of power or other energy used for pumping.

(R.O. 1955, 12-116)

Each new applicant for water service within the city will be required to pay a non-refundable service connection fee at the time of application. The fee shall be $25.00 for residential and commercial customers, and shall be credited to the city water fund and shall be used for any purpose for which the city water fund may be utilized. The connection fee may be amended from time to time by simple resolution which shall be kept on file at all times with the city clerk.

(Ord. 326, Sec. 1; Ord. 399, Sec. 6; Code 2004; Ord. 704)

It is hereby declared to be unlawful for any person, firm or corporation to take any water from the municipal water system except through a meter installed by the city or to take water from any premises now owned by him, her or them without the permission of the owner thereof, or in any way to damage or interfere with the supply of water, or to open any valve or hydrant of the water system located on public grounds or to connect to or take water from the system without the authority of the department.

(R.O. 1955, 12-119)

It shall be unlawful for any person or persons to turn any curb cock on or off except a duly authorized employee of the city water department or someone authorized by the council.

(R.O. 1955, 12-120)

It shall be the duty of the city council 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 works department of the city, and the same shall be binding upon the city and its inhabitants upon such approval.

(R.O. 1955, 12-122)

(a)   There is hereby created a water reserve fund within the city which fund shall be funded from surpluses within the existing water fund. Contributions to the fund shall be made quarterly, if at all, and shall be in such amount as the governing body deems advisable under the then existing conditions.

(b)   The proceeds from the water reserve fund shall be used for any purpose authorized by law and/or pursuant to K.S.A. 12-825(d).

(Ord. 286, Sec. 1:2)

Billing rates for the metered sales of water from the city water system may be set by simple resolution and amended from time to time. Those customers who have had a water leak in any of the months used to calculate the wastewater units can, by notifying the city office and showing receipt of repairs, have that month’s usage reduced to an average.

(Ord. 411, Sec. 1; Ord. 689; Code 2019; Ord. 704)

The following definitions shall apply in the interpretation and enforcement of this policy:

(a)   Air Gap Separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the overflow level rim of the receptacle and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.

(b)   Approved Tester means a person qualified to make inspections; to test and repair backflow prevention/cross connection control devices and who is approved by the district or city.

(c)   Authorized Representative means any person designated by the district or city to administer this cross connection regulation/ordinance.

(d)   Auxiliary Water Supply means any water source or system, other than the district or city, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.

(e)   Backflow means the flow other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.

(f)   Backflow Prevention Device means any device, method or type of construction intended to prevent backflow into the public water supply system.

(g)   Consumer means any individual, firm, partnership, corporation or agency or their authorized agent receiving water from the district or city.

(h)   Contamination means any introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health or may cause an aesthetic deterioration, color, taste or odor.

(i)    Cross Connection means any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water of the public water supply system, and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be the backflow of the second system to the public water supply system and an auxiliary water supply system.

(j)    Degree of Hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(k)   Health Hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(l)    Public Water System means the water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumer’s water systems.

(m)  Public Water Supply System means the public water system and the consumer’s water systems.

(n)   Consumer’s Water System means all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.

(o)   Service Connection means the terminal end of the service line from the public water systems. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

(Ord. 393, Sec. 1)

(a)   Purpose. The purpose of this policy is:

(1)   To protect the public water supply system from contamination.

(2)   To promote the elimination, containment, isolation or control of cross connection between the public water supply system and non-potable water systems, plumbing fixtures, and industrial process systems or other systems which introduce or may introduce contaminants into the public water system or the consumer’s water system.

(3)   To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination of the public water supply system.

(b)   Application. This regulation/ordinance shall apply to all consumers’ water systems. The district or city may also require cross connection control devices at the service connections of other KDHE permitted public water supply systems serviced by the district or city.

(c)   Intent. This policy will be reasonably interpreted by the district or city. It is the intent of the district or city to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.

If, in the judgement of the district or city or its authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumers shall immediately comply by providing the required protection at his or her own expense. Failure or refusal or inability on the part of the customer to provide such protection shall constitute grounds for the discontinuation of water service to the premises until such protection has been provided.

(Ord. 393, Sec. 2)

(a)   No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public water supply system may exist unless such actual or potential cross connections are abated or controlled to the satisfaction of the district or city or its authorized representative.

(b)   No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.

(Ord. 393, Sec. 3)

(a)   The consumer’s premise shall be open at all reasonable times to the district or city or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross connections in the consumer’s water system.

(b)   On request by the district or city or its authorized representative, the consumer shall furnish requested information on water use practices within his or her premises and in the consumer’s water system.

(c)   On request by the district or city or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether there are actual or potential cross connections. The consumer shall provide the survey results to the district or city or its authorized representative.

(Ord. 393, Sec. 4)

(a)   An approved backflow prevention device may be installed on each service line to a consumer’s water system serving premises where in the judgement of the district or city or its authorized representative or the KDHE, actual or potential cross connections exists. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.

(b)   An approved air gap separation or reduced pressure principle backflow prevention device may be installed at the service connection or within any premises where, in the judgement of the district or city or its authorized representative or the KDHE, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored in the premises, would present a health hazard or contamination of the public water supply system from a cross connection. This includes but is not limited to the following situations:

(1)   Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the district or city or its authorized representative and the KDHE.

(2)   Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.

(3)   Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross connections do not exist.

(4)   Premises having a repeated history of cross connections being established or re-established.

(5)   Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.

(6)   Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

(7)   Premises where toxic or hazardous materials are handled.

(c)   The following types of facilities fall into one or more of the categories or premises where an approved air gap separation or reduced pressure principle backflow prevention device may be required by the district or city or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the district or city or its authorized representative and the KDHE.

(1)   Agricultural chemical facilities;

(2)   Auxiliary water systems, wells;

(3)   Boilers;

(4)   Bulk water loading facilities;

(5)   Car washing facilities;

(6)   Chemical manufacturing, processing, compounding or treatment plants;

(7)   Chill water systems;

(8)   Cooling towers;

(9)   Feedlots;

(10) Fire protection systems;

(11) Hazardous waste storage and disposal sites;

(12) Hospitals, mortuaries, clinics or others as discovered by sanitary surveys;

(13) Irrigation and sprinkler systems;

(14) Laundries and dry cleaning;

(15) Meat processing facilities;

(16) Metal manufacturing, cleaning, processing and fabricating plants;

(17) Oil and gas production, refining, storage and transmission properties;

(18) Plating plants;

(19) Power plants;

(20) Research and analytical laboratories;

(21) Sewage and storm drainage facilities--pumping stations and treatment plants;

(22) Veterinary clinics.

(Ord. 393, Sec. 5)

(a)   Any backflow prevention device required by this regulation/ordinance shall be of a model or construction approved by the district or city or its authorized representative and the KDHE.

(1)   Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

(2)   Double check valve assemblies or reduced pressure principle backflow prevention device shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this regulation/ordinance was passed and complies with required inspection and maintenance.

(Ord. 393, Sec. 6)

(a)   Backflow prevention devices required by this policy shall be installed at a location and in a manner approved by the district or city or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the district or city or its authorized representative agrees otherwise.

(b)   Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

(c)   Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturer’s recommendations.

(Ord. 393, Sec. 7)

(a)   The consumer is required by this regulation/ordinance to inspect, test and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the “District or City”, or its authorized representative.

(1)   Air gap separations shall be inspected at the time of installation and at least monthly.

(2)   Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed.

(3)   Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. The shall be dismantled, inspected internally, cleaned and repaired whenever needed.

(d)   The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. All records of inspections, tests, repairs and overhauls shall be proved within 30 days to the district or city or its authorized representative.

(e)   All backflow prevention device shall have a tag showing the date of the last inspection test or overhaul or other maintenance.

(f)   Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the district or city or its authorized representative.

(Ord. 393, Sec. 8; Ord. 524; Code 2019)

(a)   The district, city, or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested and maintained in a manner acceptable to the district, city, or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed or if an unprotected cross connection exists.

(b)   Water service to such premises shall not be restored until the consumer is in compliance with this cross connection regulation/ordinance to the satisfaction of the district or city or its authorized representative.

(Ord. 393, Sec. 9)

(a)   Creation of a water meter reserve fund:

(1)   There is hereby created a Meter Replacement Reserve Fund

(2)   Said fund shall be to replace Water meters at any time needed.

(3)   Revenue collected and deposited in said fund shall not be used for purposes other than those designated in this article.

(4)   At the end of any fiscal year, the fund balance, if any, shall be carried over to the subsequent fiscal year and shall be used for no other purpose than that designated above for this account.

(b)   A fee of $3.00 shall be included in the base rate of the monthly utility billing to be deposited into the Water Meter Reserve Fund. These fees may be amended by Resolution. Fees for the Manufactured Home Parks consisting of more than 4 (four) licensed residential lots that have one master meter in place as per Ordinance 710 will be set by a separate fee Resolution.

(Ord. 720)