Chapter XV · Utilities

Article 2. Water

Sections 15-201 to 15-228 · 28 sections

15-201 Superintendent of water and sewage.

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 2016)

15-202 Regulations.

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 2016)

15-203 Service not guaranteed.

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 2016)

15-204 Service connections required.

(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 2016)

15-205 Application for service.

(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.

(d)For residents connected to the city’s sanitary sewer systems, application may be made, in accordance with and per the requirements of the city’s application form, for the city to install an “Irrigation Meter” to measure water that is exclusively used for irrigation of grass, landscaping plants, and gardens. An “Irrigation Meter” (except for a deposit will be subject to all of the rules and regulations of a primary meter (including back-flow prevention), except that the water that flows through the Irrigation Meter will not be included in the calculation of the resident’s sewer charges. Any water that flows through an Irrigation Meter that is used for an unauthorized purpose shall be considered theft of services and a violation of this Code.

(Ord. 861; Code 2016)

15-206 City to make connections.

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 2016)

15-207 Connection fees.

The fees for connection to the city waterworks system shall be as set forth in the city Fee Resolution.

(a)A public water system impact fee shall be charged, as set forth in the city Fee Resolution, for each new water connection permit issued and shall be due and payable at the time such connection permit is issued.

(b)The fee for non-residential building connection permits shall be as set forth in the city Fee Resolution. For the purpose of this section, an average use of 3,000 gallons of water used per one-month billing period shall be considered one population equivalent (P.E.). The impact fee paid at the time of permit issuance shall be based upon the applicant’s reasonable estimate of water use in the building. Actual average monthly water use will be reviewed at the end of the first 12-month period of normal water use to determine the accuracy of the estimate used in calculating the fee. Adjustments (refund or additional fee) will be calculated to the nearest 0.5 P.E. and applied to the water bill in the next billing period.

(Ord. 670, 679; Code 2016)

15-208 Curb cocks.

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 2016)

15-209 Check valves.

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 2016)

15-210 Unauthorized service.

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 2016)

15-211 Meters.

(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.

(Code 2016)

15-212 Same; testing.

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 fee as set forth in the city Fee Resolution will be charged to the customer.

(Code 2016)

15-213 Tampering with meter.

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 2016)

15-214 Leaks prohibited; penalty.

No allowances shall be made for water used or lost 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 city from water bill or meter reading which he or she may consider excessive.

(Code 2016)

15-215 Disconnection, reconnection charge.

The governing body shall establish, as set forth in the city Fee Resolution, 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 a delinquent bill shall be reconnected only upon payment of the delinquent bill, and any fees set forth in the city Fee Resolution.

(Code 2016)

15-216 Utility deposit.

At the time of making application for water service, the property owner or customer may be required to make a cash deposit in the amount and manner specified in the city Fee Resolution to secure payment of accrued bills or bills due on discontinuance of service.

(Ord. 643; Code 2016)

15-217 Interrupt service.

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

(Code 2016)

15-218 Prohibited acts.

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 2016)

15-219 Wasting water.

(a)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. Wasting water may include but is not limited to:

(1)Permitting water to escape down a gutter, ditch, or other surface drain;

(2)Failing to repair an irrigation system’s malfunction; or plumbing.

(b)It shall be a violation of this article and unlawful for any owner, occupant, or manager of real property served by the city water utility to waste water or to permit the willful waste of water to occur.

(c)In the event of a violation of this section, the superintendent of water, or such other person as may be designated by the city, shall give written notice of the violation and opportunity for hearing in accordance with section 15-608.

(d)The penalties for violating this section shall be the same as those set forth in section 15-608.

(Code 2016)

15-220 Right of access.

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 2016)

15-221 Rates.

The rates per month for the use of water in the city shall be as set forth in the city Fee Resolution.

(a)The revenues generated by the increase in the base rate of the water and the increased percentage of wastewater user charges will be earmarked and only used for capital improvements in the water and sewer departments.

(b)The City shall have the right to discontinue service to customers residing and being served outside the city limits of the City of Wellsville, Kansas if it is determined by the governing body that such discontinuation of service is necessary to properly serve the citizens residing and being served within the city limits of the City of Wellsville, Kansas.

(Ord. 669, 694; Code 2016)

15-222 Payment of bills.

All water bills for the previous month’s water service shall be paid on or before the 15th day of the month following the service. For any billing not paid when due a late charge of as set forth in the city Fee Resolution will be added to the bill.

(Code 2016)

15-223 Delinquent accounts; notice; hearing; finding; liability.

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

(Code 2016)

15-224 Use during fire.

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 2016)

15-225 Cross-connections prohibited.

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. 602; Code 2016)

15-226 Same; protective backflow devices required.

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 city superintendent.

(Ord. 602; Code 2016)

15-227 Same; inspection.

The city 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.

(Code 2016)

15-228 Same; protection from contaminants.

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its city 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 the city may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the city superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the city superintendent, an emergency danger of contamination to the public water supply.

(Code 2016)