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

Wherever used in this article, the terms listed below will have the meanings indicated which are applicable to both the singular and the plural thereof.

(a)   User: Person, company, firm, corporation, or organization utilizing water for potable use or disposing water to the citywide sanitary sewer collection system.

(b)   City: City of Colwich, Kansas

(Ord. 477; Code 2004)

The rules and regulations hereinafter set forth shall constitute and be considered a part of this ordinance for every person and company, firm or corporation supplied with water from the municipal water system of the city, hereinafter referred to as the city. Every person, company, firm or corporation hereinafter sometimes called “consumer,” who utilizes water or requests the use of water shall be held to have consented to be bound hereby.

(a)   In connection with the operation of the municipal water system, there is hereby created a water utility department to be staffed with personnel at the discretion of the city council of the city.

(b)   Connection to Municipal Water System Required. At such time as a municipal water system becomes available to any property, a direct connection from all structures and property within the city to such municipal water system shall be made by all owners of such properties and/or structures provided however, that every water faucet within the dwellings must be connected to the municipal water system, and no other water system, and provided, further, that existing well water systems, including those located in garages of residences, may be used only for lawn consumption and may not be used for potable consumption; and provided further, that attached garages or outbuildings may be plumbed for municipal water system service from the host building.

(c)   Notwithstanding any provision in this article to the contrary, no industrial or commercial consumer of water in the city limits shall be required to connect to the municipal water system if such consumer has in the preceding six months shown an average water use in excess of 300,000 gallons per month.

(Ord. 477, Sec 1; Ord. 505, Sec. 1; Code 2004)

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, and power service connection are in good working order, and the supply of water is sufficient for the usual demands of its consumers. The city does not guarantee any specific water pressure for its services. The city shall not be liable for any damages done or accidents due to the lack of pressure, or insufficient water supply or a break in the mains, or the shutting off of the water supply, or the failure of power or other energy used for pumping.

(Ord. 477, Sec. 2; Code 2004)

In the event a consumer files a written request with the city clerk requesting the city install one or more fire hydrants at or near a designated premise, and the fire hydrant, or hydrants, due to their location will facilitate fire protection to the consumer premise only, and the fire hydrant or hydrants are installed on the premises, then the following charges shall be made for same:

(a)   $3,500 for each fire hydrant if attached to an existing main. Should new mains be required to provide service the cost for the installation will be determined based on the cost associated with such improvements.

(Ord. 477, Sec 4; Code 2004)

The installation of meters and water service lines shall be in accordance with the following specifications and requirements:

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

(b)   One-meter service line and meter shall be installed for each premise. Additional meters, water service lines and other appurtenances may be installed as approved by the city and all such additional costs shall be borne by the applicant unless determined otherwise by the city. The city shall do any new three-quarter inch meter installations after a fee for construction has been paid to the city clerk. The cost of installing new water service within the city limits shall be as follows:

(c)   In the event a consumer requests a meter larger than three-quarter inch the consumer shall pay, in addition to the permit, inspection and connection fee, the additional cost of any larger meter, together with all increased costs incidentals to the installation of said meter.

(d)   All meters installed shall remain the sole property of the city. It shall be unlawful for any person to tamper with or obstruct access thereto by the city.

(e)   Each and every unit, business or place of business, shall be on a separate water meter. The city shall permit no master metering of the water exception as noted below or approved by the city council:

(1)   Detached garages or outbuildings may be plumbed for water service from the host building.

(f)   Meters shall be located between the sidewalk or property line and curbing. In the business district, the meter must be installed in a location specified by the public works director.

(g)   The city’s responsibility for repair and maintenance of any water line shall not extend past the property line, but in no event shall the city’s responsibility extend beyond the water meter.

(Ord. 477, Sec 5; Ord. 491, Sec, 1; Ord. 477A, Sec. 1; Code 2004)

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 public works department to turn any curb cock on or off. Violation of this section shall be punishable by a fine of not more than $1,000 for each 24-hour period.

(Ord. 680, Sec. 13; Ord. 477, Sec. 7; Code 2004)

Allowances shall be made for water used or lost through extraordinary unforeseen circumstances. No allowances shall be made for water used or lost through leaks, carelessness, and neglect or otherwise after the same has passed through the meter. However, every customer shall have the right to appeal to the city clerk the water bill or meter reading which he or she considers excessive who will bring each case individually to the Council for their approval.

(Ord. 477, Sec. 8; Code 2004)

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. Except in the case of an emergency, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to turn off the water at the water meter or curb cock, and after repairs have been made, to turn on the water at the water meter or curb cock, provided that the city has not otherwise terminated the service.

(Ord. 477, Sec. 15; Code 2004)

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

(Ord. 477, Sec 17; Code 2004)

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 extensions of the supply pipes of any consumer without first obtaining written permission to do so from the mayor or 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. Except that, it shall not be unlawful for the owner or occupant or the authorized agent of the owner or occupant to remove the meter lid and turn off the water at the water meter or curb cock, as set forth in section 15-216 of this article, provided; that the meter lid is subsequently replaced.

(Ord. 477, Sec. 18; Code 2004)

No person, firm or corporation shall violate the provisions of the Uniform Plumbing Code in effect with Wichita-Sedgwick County Metropolitan Area Building and Construction Department.

(Ord. 477, Sec. 19; Code 2004)

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspection meters or water lines.

(Ord. 477, Sec. 20; Code 2004)

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. 477, Sec. 21; Code 2004)

No person, firm or corporation, unless authorized by the city council shall take or remove water from any public or private fire hydrant, plug, street, wash, draw, cock, hose, pipe, fountain, except for fire purposes, or in anyway use or take water for private use without paying for same as herein provided. Water necessary for municipal uses, such as fire fighting, flushing of streets and sewers, street sweepers and dust control, may be obtained from fire hydrants by the city.

(Ord. 477, Sec. 22; Code 2004)

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.

(Ord. 477, Sec. 23; Code 2004)

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. 477, Sec. 24; Code 2004)

No person shall make or permit to be made a cross connection whereby a private, auxiliary, or emergency water supply other than the public water supply of the city may enter the supply or distribution system of the municipality. No installation of potable water supply piping or part thereof shall be made in such a manner that it will be possible for untreated used, unclean, polluted or contaminated water, mixtures or substances to enter any portion of such piping for any tank, receptacle, equipment or plumbing fixture by reason of backsiphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle, equipment or plumbing fixture is flooded, or subject to pressure in excess of the operating pressure in the hot or cold water piping. Upon notification that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the city or its duly authorized agents.

(Ord. 477, Sec. 25; Code 2004)

The public works department pursuant to the provisions of the Kansas statutes may refuse to deliver water to any premises whereon any condition exists which might lead to a contamination of the public water supply and may continue to refuse such delivery of water to any such premises until such condition is remedied.

(Ord. 680, Sec. 14; Ord. 477, Sec. 26; Code 2004)

The city public works director 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. 477, Sec. 28; Code 2004)

It shall be the duty of the governing body to formulate and enforce such additional rules, not inconsistent herewith, as may be necessary from time to time for the proper conduct of the public works department and the same shall be binding upon the city and its customers upon such approval.

(Ord. 680, Sec. 15; Ord. 477, Sec. 28; Code 2004

Any person, firm or corporation violating any provision of this article shall, upon conviction, be fined a sum not to exceed $500.00. Any subsequent violation taking place within any given 24-hour period shall be deemed a separate violation for which a separate fine shall be assessed.