Chapter 15 · Utilities

Article 1. Water

Sections 15-101 to 15-138 · 37 sections

15-101 Application for service.

(a)Any person, firm, or corporation may make application for connection with a municipal water system to any business or residence owned, leased or rented by said person, firm or corporation. Any such application shall be in writing to the City Clerk, on a form furnished by the City Clerk for that purpose. In the case of a rental or leasehold situation, the applicant must provide proof of the rental interest.

(b)The application shall contain an exact description of the property to be served, and the uses to which water is to be put, verification as to applicants, ownership or rental status as to the premises. No water application shall be accepted and implemented should the applicant be then delinquent with the City of Yates Center as to prior water bills. No application shall be accepted and implemented also when the applicant resides with a person at the same residence or rental that is then delinquent with the City of Yates Center as to prior water bills. Compliance with this application procedure is a prerequisite to the establishment and maintenance of water from a municipal water system.

(Code 1987; Ord. 921; Code 2021; Ord. 1158)

15-102 Meter; regulations.

(a)All water furnished by the municipal water plant shall be measured by meters supplied, installed and maintained by the city for that purpose.

(b)For the purpose of reading meters, duly authorized employees of the water department of the city may legally enter any premises at any reasonable hour.

(Ord. 781, Sec. 1; Code 1987)

15-103 Connections.

(a)For property lying within the city limits, all taps shall be driven, excavations made, meters and curb cocks installed and pipes laid from main to curb or property where installation is to be made by the city.

(b)If the property where installation is to be made lies adjacent to the city limits, a tap may be made by the city at the nearest main capable of supplying the property and a curb cock installed in a place designated by the superintendent of the water plant.

(Code 1987)

15-104 Same; tapping fees

Whenever a person desires a new hook-up to the city water system, the person desiring such service shall pay to the city a fee of:

(a)3/4” meter - $550.00

(b)1” meter - $775.00

(c)1 ½” meter - $1,225.00

(d)2” meter - $1,800.00

Fee is payable in advance, for installation of the water line from the main to the meter on the premises.

(Ord. 723, Sec. 1; Ord. 1085; Code 2021)

15-105 Same: separate connections.

Each premises shall have a separate and distinct service connection.

(Code 1987)

15-106 Curb, stop and waste cocks required.

There shall be a shutoff valve in every service line attached to the mains, the same to be placed in such places as shall be designated by the city superintendent. There shall be one or more stop and waste cocks attached to every supply pipe at some point between the water and the first outlet, so that the water can be shut off and the house plumbing entirely drained.

(Code 1987)

15-107 Service connections: regulations.

All service connections to cast iron water mains shall be made with a corporation cock not smaller than 5/8” at the main and shall have at least two feet of lead or copper pipe properly connected to corporation cock and to copper pipe 3/4” iron pipe size, or may be lead or copper pipe all the way to curb cock or meter box on parking, in case the main is under the pavement. When service connections are made on galvanized iron mains, they shall be made with a swing joint but there will be no lead or copper pipe or corporation cock required.

(Code 1987)

15-108 Cost of installation borne by customer.

The cost of original installation of all plumbing between the property line and any service device maintained by the owner of premises and all extensions hereafter made to such service pipes, as well as all repairs to the same, shall be borne entirely by the owner of the premises, although such service pipes and devices shall at all reasonable times be subject to inspection by duly authorized officials of the water plant of this city, and repairs found to be necessary by such officials shall be made promptly or the city shall discontinue service until such repairs are made.

(Code 1987)

15-109 Taking water without authority prohibited.

(a)It shall be unlawful for any person, firm, or corporation to take any water from the municipal water works system except through a meter installed by the city, take water from any premises not owned by such person without the permission of the owner, or to in any way damage or interfere with the water supply of the city or to connect to the system to take water from the system without the authority of the superintendent of the city water department or to open any valve, faucet or hydrant of the water works system located on public grounds and leave the same running without the authority of the superintendent of the city water department.

(b)It shall be unlawful for any person, firm or corporation except the chief of the fire department or superintendent of the city water department or anyone duly designated and authorized by them and acting within-the scope of their official duty to open any fire hydrant or open, close or otherwise interfere with the electrical switches or system thereof.

(Code 1987)

15-110 Water rationing; use restricted or stopped.

The city reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the governing body determines the public exigency so requires.

(Ord. 608, Sec. 1; Code 1987)

15-111 Water rationing; imposing restrictions.

Whenever the governing body determines that water use must be restricted or prohibited, they shall forthwith issue a proclamation of emergency through the news media and use other appropriate methods of making public the proclamation.

(Code 1987)

15-112 Water rationing; water restrictions.

In the event a proclamation of emergency is issued, water usage will be restricted or prohibited first for uses in the following priority:

(a)Watering lawns, gardens, trees, shrubs, plants and watering outside dwellings for such purposes as car, boat or trailer washing or washing exterior of dwellings;

(b)Industrial uses of water, including but not limited to, car wash operations and packing plant operations;

(c)Business uses other than industrial;

(d)Home uses other than those set forth in subsection (a).

(Code 1987)

15-113 Leaks.

The city shall not be liable 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 appear to the city from water bill or meter reading which he or she may consider excessive.

(Code 1987)

15-114 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 1987)

15-115 Wasting water.

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 1987)

15-116 Connection Fees.

(a)Each new customer making application for water service shall pay a customer service charge to the city in the amount of $35 for all classes of customers. Each new customer may be required to submit proof that he or she has not been residing at the premises for which the water service is being requested for a period of 90 days prior to the application for the services at the premises.

(b)Further, should it be determined by the city that such new customer has been residing at the premises for which the customer paid a service charge during a period of 90 days prior to the application for the services, then the city may require the customer to pay all delinquent water bills for the premises which may have accrued during the 90-day period. Should the customer refuse to pay the delinquent water bills, the city will discontinue water service to the premises.

(Ord. 875, Sec. 1)

15-117 Billing.

All water meters shall be read promptly on or before the 15th day of each month, and records of such readings kept. Collections shall be made monthly. Statements will be sent to patrons showing the water fee due for the preceding month, and the consumer will be required to pay the bill in full to the city clerk on or before the 15th day of the following month. If the account is not paid on or before this date, a late payment charge of ten percent of the amount due shall be added to the unpaid bill. If the account is not paid on or before the 1st day of the following month, the account shall be deemed delinquent and shall be discontinued pursuant to sections 15-118:120 of this article, and shall remain so until the account is paid in full.

(Ord. 723, Sec. 2; Code 1987; Code 2021)

15-118 Delinquent accounts.

A delinquent account shall be an account which is not paid on or before the 15th day of the month in which the bill was sent to the customer. Water or other utility service shall be terminated for nonpayment of service fees or charges as provided in sections 15-119:120 when such accounts become delinquent. When an account becomes delinquent, a one time late charge of 10 percent shall be assessed on the delinquent amount. If payments are made subsequent to the accrual of a late charge, payments shall be first applied to any late fees, then to any past due amounts, and then to current charges. If the entirety of the current charges are not paid, the late fee shall apply to any unpaid amount.

(Ord. 894, Sec. 1; Code 2021)

15-119 Notice; hearing.

(a)A delinquency and termination notice shall be issued by the city clerk within 10 days after the delinquency occurs and mailed certified to the customer. Only one certified notice per year will be sent.

(b)The notice shall state:

(1)The amount due, plus late payment charge;

(2)Notice that the service will be terminated if the amount due is not paid within seven days from the date of the notice;

(3)Notice that customers may sign an extension agreement to pay the bill;

(4)Notice that the customer has the right to a hearing before the city council;

(5)Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(Ord. 89, Sec. 2; Ord. 723, Sec. 1; Code 1987; Code 2021)

15-120 Finding; Extensions; Connection fees.

Following the hearing, if the council shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the council finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a certified letter. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The council has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of service.

Any time an extension form is signed, and the customer fails to pay the amount due; no further extensions will be allowed the remaining calendar year.

If water service is disconnected for non-payment, the entire bill, plus the following reconnection fees must be paid before service is reconnected:

First time offense - $35.00 + cost of certified mail

Second time offense - $70.00

Each time thereafter - $165.00

Water will be reconnected Monday - Friday 8:00 a.m. to 3:30 p.m. If water is reconnected after hours or on the weekend, a $150.00 after hours service fee will be charged.

(Code 1987; Code 2021)

15-121 Rental Properties.

A landlord may, upon signed written request submitted to the city clerk, provide for continuous utility service to a leased premises. The landlord will be responsible for a one-time, $15.00 per property, continuance charge. When a tenant terminates service, the service will automatically change to the landlord’s name.

(Ord. 875, Sec. 2; Ord. 1014; Code 2021)

15-122 Lien upon customers property.

In the event any person shall neglect, fail or refuse to pay within 10 days following notice of discontinuance the utility billings and delinquency charges due the city, such billings and charges shall constitute a lien upon the real property served by the connection to the utility service, and shall be certified by the city clerk to the county clerk of Woodson county, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible. Bills that do not belong to the property owner, will be sent to the Kansas State set-off program.

(Ord. 894, Sec. 5; Code 2021)

15-124 Water rates; within the city.

The rates for water furnished to customers within the city by the water system, except for water supplied to commercial customers, shall be as follows:

(a)$13.75 per month as a minimum user fee.

(b)$0.006352 per gallon for all water used.

(c)10 percent shall be added to water users of any residence not located within the city limits.

(d)$2.50 service charge per meter at the residence per month.

(Ord. 875, Sec. 3; Ord. 1057; Ord. 1079; Ord. 1083; Ord. 1103; Ord. 1115; Ord. 1142; Ord 1154; Code 2021; Ord. 1160; Ord. 1164; Ord. 1166; Ord. 1177; Ord. 1182; Ord. 1188)

15-125 Commercial water rates.

The water used by all persons, firms, corporations, political subdivision or any other organization, other than a rural water district, that is not a residential user from the municipal water system of the city shall be sold and billed at the following rates:

(a)$40.00 per month as a minimum user fee.

(b)$0.006352 per gallon for all water used.

(c)$2.50 service charge per meter at the property per month.

(Ord. 846, Sec.5; Ord. 1057; Ord. 1079; Ord. 1083; Ord. 1103; Ord. 1115; Ord. 1142; Ord 1154; Code 2021; Ord. 1160; Ord. 1164; Ord. 1167; Ord. 1178; Ord. 1183; Ord. 1189)

15-126 Bulk water rates.

For water-only meters in the city limits dispensing bulk water, bulk water shall be charged at a rate of $.750/100 gallons.

(Ord. 1113; Code 2021)

15-127 Crane sales/fire hydrant sales.

The rate for crane sales at the Yates Center Water Plant or fire hydrants in city limits is $10.00 per thousand for all water used.

(Ord. 1057; Ord. 1067; Code 2021)

15-128 Authority of council to enter into water purchase agreements.

The city council shall have the authority sell water to customers located either inside the city limits or outside the city limits at special rates and pursuant to a special contract, the terms and conditions of which are mutually agreeable to the city and to the water purchaser, whenever the city council determines that such a special contract will be in the best interest of the city and the users of the city’s water system.

Whenever the city council should enter into a special agreement to sell water at special rates, terms and conditions pursuant to a mutually agreeable contract, the provisions of the prior sections of this article are not necessarily binding noncontrolling over the rates, terms and conditions of any such agreement. The city council shall have the authority to enter into such an agreement and not be bound by the provisions of the prior sections of this article whenever the city council determines that such would be in the best interest of the city and of the users of the city’s water system as a whole.

Any such agreement that the city council may enter into with a water purchaser pursuant to this section must be in writing and be approved by vote of the council constituting a majority vote of all members elected of the council.

(Ord. 862)

15-129 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 water supply, or any source of contamination may enter the regular public water supply of the city unless the source is approved by the city council and the Kansas Department of Health and Environment.

(Ord. 853, Sec. 2)

15-130 Protective backflow preventers required.

Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow or backsiphonage may occur and where there is a hazard of contamination of the potable water supply system.

(Ord. 853, Sec. 3)

15-131 Inspection.

The city council or other designate of the city council shall have the right of entry into any building or premises in the city as frequently as necessary in order to ensure that plumbing has been installed in a manner as to prevent backflow.

(Ord. 853, Sec. 4)

15-132 Protection from contaminants.

Pursuant to the authority given under home rule powers and K.S.A. 65-163a, the city may refuse to deliver water to any premises where a condition exists which might lead to the contamination of the public water and may continue to refuse to deliver water until the condition is corrected to the satisfaction of the city. In addition, the city may immediately terminate water service to a premises where a backflow or backsiphonage condition exists which may be hazardous to the health of customers served by this public water supply system of the city.

(Ord. 853, Sec. 5)

15-133 Backflow and backsiphonage regulations incorporated.

There is hereby incorporated by reference for the purpose of regulating cross connections between the public water supply and any sources of contamination that certain manual adopted by the governing body of the city known as Manual of Regulations Regulating Backflow and Backsiphonage of Contaminants Due to Cross Connections for the City of Yates Center Public Water Supply. No fewer than three copies of the manual shall be marked or stamped, “Official Copy as Adopted by Ordinance No. 853,” and to which shall be attached a copy of this article, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 853, Sec. 6)

15-134 Tampering with meter.

It shall be unlawful for any person to break the seal of any meter, 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. If meters are equipped with electronic readers, it shall be unlawful for any person to tamper with, damage or destroy an electronic reader. Property owners are responsible for damage to electronic readers and will be billed for actual cost of replacement.

(Code 2021)

15-135 Meter 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 charge of $100 will be made to the customer.

(Code 2021)

15-136 Private water line installation and maintenance.

It shall be the policy of the city that if a user, not entitled to be connected to the city water supply, desires to install a private line, that the private water line may be allowed and affirmatively accepted by the city council, subject to the following provisions:

(a)If said private line is allowed, the owner(s) of the line are responsible for the maintenance of the line for ten (10) years from the date of its installation. Said owner(s) are also entitled to control the line for that period of time and during that time the line shall only be tapped, if agreed to by a majority of the owners of the line.

(b)After ten (10) years from the date of installation, the ownership of the water line MAY transfer to the City of Yates Center, as shall an easement for the line to a width of at least twenty (20) feet each way from the center of the line. They city shall be responsible for all maintenance from the date of ownership transfer, and may allow taps as the city may deem fit. The owner shall always be responsible for the water line from his meter to his residence or business.

(Code 2021)

15-137 Tracer wire required.

An electrically continuous insulated number 12-gauge solid AWG copper tracer wire shall be installed with and attached to all underground non-metallic private water piping. The tracer wire shall terminate inside the water meter box.

(Code 2021)

15-138 Seasonal customers.

Seasonal customers may have their water turned on/off twice a year without an additional connection charge. After two times the customer shall be charged a $25.00 fee each time the meter is turned back on.

(Code 2021)