CHAPTER XVIII. UTILITIESCHAPTER XVIII. UTILITIES\ARTICLE 2. MUNICIPAL WATER DEPARTMENT

The following rules and regulations shall apply to the management and operation of the water plant and the system of water distribution of the city, and the same shall be binding upon the city and every person, firm, or corporation supplied with water by the city.

(Code 1973, 18-201)

Every person, firm or corporation desiring water service from the city shall first make an application for such service in the office of the city clerk on a form to be provided for such purposes by the department. No water service shall be supplied to any premises until proper application has been made and a permit granted for the water connection. Upon approval of the application and the granting of a permit, water service shall be supplied to the premises in accordance with this article and the rules of the department of public works. For purposes of this Section “Residential Service” is defined as service to residential premises for noncommercial use by the occupant of such premises and “Commercial and Industrial Service” are defined as all users not meeting the definition of “Residential Service”.

(Code 1973, 18-202; Ord. 1784; Code 2017)

Rules and regulations relating to connection fees and costs pertaining to the water division shall be as follows:

(a)   All charges for water service installation in the amounts as hereinafter fixed shall be paid to the city clerk when application is made for a new service installation for the supply of water from the city mains. The city shall make such installation when the applicant shall have extended his or her service line to the proper location for a meter as determined by the water department. A water connection fee shall be charged to each customer in the amount of the actual costs (including a proper allowance for overhead and other indirect costs) of making such connection from the then existing waterlines to the meter installation (including the meter installation itself), but in no event shall such charges be less per meter connection than the following charges set out, to-wit:

(1)   For a three-fourths inch meter not crossing a street or alley (short tap) - $700.00

(2)   For a three-fourths inch meter crossing a street or alley (long tap) - $865.00

(3)   For a one inch meter not crossing a street or alley (short tap) - $920.00

(4)   For a one inch meter crossing a street or alley (long tap) - $1110.00

(5)   For a two inch meter not crossing a street or alley (short tap) - $2225.00

(6)   For a two inch meter crossing a street or alley (long tap) - $2910.00.

(b)   When an extension of the city water distribution system is required to serve any customer, each customer shall pay, in addition to the charges set out above, the actual cost of such extension.

(c)   All taps, street excavations, corporation stops inserted, pipes installed and all connections shall be made by employees of the city. No one except regular employees of the waterworks department shall make such service connections to the municipal water system. Each premise served with water shall have a separate service connection and each service line shall have a separate meter and stop.

(Code 1973, 18-203; Ord. 1332; Code 1983; Ord. 1540; Ord. 1685; Ord. 1840; Code 2017)

The city hereby reserves the right to discontinue service to any or all customers of water, without notice, when same is necessary in the repair of the water system or any part thereof.

(Code 1973, 18-204)

The property owner shall at his or her own expense install the required water service connections from the property lines to his or her own premises. All pipes and other water service materials shall meet the requirements of the plumbing ordinance of the city and shall be installed on private grounds in accordance with such regulation and shall be subject to inspection and approval by the city plumbing inspector. No waterlines shall be laid in the same ditch with any gas or house sewer pipe or within 10 feet thereof. A shut off valve shall be installed in each building at a point immediately after the waterline entered the building.

(Code 1973, 18-205; Code 2017)

A separate and distinct water service line shall be installed from the main to each residence or business building receiving water services.

(Code 1973, 18-206)

The department shall install a curb cock in every service line connected to the main, the same to be placed in a box at or near the curbline or property line.

(Code 1973, 18-207)

The city shall maintain at its own expense all waterlines and connections to the property line of the consumer and the consumers of water shall keep their own service pipes, curb stops and apparatus on their own property in good repair. In those cases where the repairs are not made after notice by the superintendent, the city shall have the right to discontinue water service until the repairs have been made and the cost of such repairs and charges for reconnecting service are paid. No claim shall be made against the city by reason of loss to any consumer caused by the breaking or leaking of any service pipe or service cock. No person shall make any tap or alteration in any service pipe or connection between the main and the water meter without permission from the superintendent. Where it is necessary to repair any service pipe or leaks, or to replace the same, the consumer or owner, shall notify the public works director and the water superintendent or his or her assistant shall examine and approve the work before the service pipes shall be covered: Provided, That whenever new connections are desired in the place of old ones, application must be made in the usual manner and upon approval of the application, the employees of the department will draw the old tap and insert the new as in the case of an original application for a service connection.

(Code 1973, 18-208; Code 2017)

All water furnished by the municipal waterworks system shall be measured by meters. All meters shall be installed at a location authorized by the public works director.

(Code 1973, 18-209)

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 ground 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 transfer 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 the city will only supply water to the building or premises immediately adjacent to the service connection through the service previously installed.

(Code 1973, 18-210)

The city may extend its waterlines 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 governing body produce a revenue sufficient to pay the interest on the cost of the extension and the cost of extending water service: Provided, That the city may make extensions within the city without application in the manner provided by law: Provided further, That 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 waterlines within the city at his or her own expense and to maintain the same at the expense of the owner: Provided further, That any extension of water service outside the city limits shall be subject to the approval of the governing body.

(Code 1973,18-211)

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.

(Code 1973, 18-212)

The city reserves the right to seal all water meters. It shall be unlawful for any person without authority of the department, to break the seal of any such meter or alter the registers and mechanism thereof, or make connections in any manner so that water may be taken or used without being metered.

(Code 1973, 18-213)

No excavations made by a plumber or other person in public grounds shall be kept open longer than is absolutely necessary to make the connection required. The water superintendent may permit the owner of the premises adjacent thereto or his or her agent to make excavations in unpaved streets for the laying of waterlines from the main to his or her premises but the city will open and close all excavations on paved streets for the laying of any water service line. The cost of opening and backfilling all trenches in the streets, the replacement of pavement and the placing of waterlines shall be at the expense of the property owner. Where practicable the water superintendent may force water pipes under pavement and sidewalks to connect the water main with the lines of the consumer. While the excavation shall be opened suitable barriers, guards and lights as required by ordinance, shall protect such excavation at all times.

(Code 1973,18-214)

It shall be unlawful for any person, owning or occupying premises connected to the city water main to use or allow to be used during a fire any water from said lines except for extinguishment of the fire. Upon sounding of the fire alarm, it shall be the duty of every person to close all opened water faucets and not use water except in extraordinary cases of emergency during such fire.

(Code 1973, 18-215)

The water superintendent or any member of the water department shall, at all reasonable and proper times, have free access to the premises of every water consumer for the purpose of reading, examining, or repairing the meter or for the purpose of examining or inspecting any service pipes or other apparatus as may be required by this article. It shall be unlawful for any person or persons to prevent, hinder; or delay any such city officer or employee acting under proper authority in the discharge of his or her duties under the provisions of this article.

(Code 1973, 18-216)

Contractors or other persons having temporary need for water during the course of any building or other improvement shall apply to the water superintendent for a temporary service connection and the water superintendent may make such connection as may be necessary for temporary water service. If possible, water shall be supplied through a portable meter which shall be under the control of the water department. All temporary water service users shall pay to the city the cost of making such temporary connection and the cost of water at the applicable rate.

(Code 1973, 18-217)

When water service is installed and available on any premises, no charge or fee shall be made for turning on the water supply or for discontinuing the service at the request of the consumer or when service is disconnected at the convenience of the city for repair or alterations. Provided that where the water service is cut off for any other purpose, a reconnection fee as set forth in Section 18-110 shall be paid to the city clerk. In no case shall service be reconnected until all back charges, penalties or required deposits have been paid to the city clerk. It shall be unlawful for any person or persons to discontinue the service except the water superintendent or some duly authorized employee of the water department. No deductions shall be made in the rates on any service connections not being used when the same are available for use.

(Code 1973, 18-219; Ord. 1524; Ord. 1539; Ord. 1859)

In case of a dispute between the department and the consumer as to the correctness of the measurement of any meter, the meter may be removed and tested upon request in writing by the consumer and upon the payment in advance to the city clerk of $25. 00. If upon testing the meter, the same shall be found not to be over registering by as much as two percent, the said fee shall be retained by the city, but in case the meter is found to be over registering by more than two percent, the said fee shall be returned to the consumer. Where it appears that the meter is registering improperly, the city clerk may correct the bill upon the basis of the average amount of water used by the consumer during some previous time when the meter measured correctly or upon the basis of the average use of water by other consumers under similar circumstances.

(Code 1973, 18-220; Ord. 1524; Ord. 1536; Ord. 1859)

The city shall have the right to discontinue any water service for the nonpayment of water rates or for the violation of any rules or regulations as provided by this article. The city further reserves the right to require deposits of all water consumers whether property owners or tenants and all deposits shall be made in accordance with the rules of the department, and the laws of the state.

(Code 1973, 18-221)

The mayor, or in his or her absence, the president of the governing body are hereby authorized, when the water supply for the city justifies such action, by executive order, to declare an emergency in the city pertaining to the use of water by the residents of the city.

The mayor, or in his or her absence, the president of the governing body, as herein provided, upon the declaring by executive order that a water emergency exists, shall establish and prescribe rules and regulations pertaining to the restriction of the use of water by the residents of the city. Such rules and regulations as prescribed herein shall be published in the official paper of the city and upon publication, shall be in full force and effect and shall be enforceable by the city through its fully authorized agents of the water department and the police department.

Any person violating any of the rules and regulations which may be prescribed and established as herein provided, upon conviction thereof, shall be fined in an amount not less than $25 nor more than $500 or by imprisonment for a period not to exceed 30 days or by any combination thereof.

(Ord. 1285, Sec. 1:4)

It shall be unlawful for any person, firm or corporation purchasing water to resell or supply water to any other person or persons without first having obtained a permit for such resale. Any person, firm or corporation desiring to purchase water for resale shall first make an application to the governing body for a permit and from time to time thereafter, the governing body shall prescribe the rates at which such water shall be sold, and no such water shall be sold or resold except at the rates so prescribed; nor shall any such water be sold or resold except when the same is hauled away from the premises of the seller in a tank or tank trucks or other containers.

(Code 1973, 18-225)

It shall be unlawful for any person in any way to take or receive water from the city waterworks department without authority of a duly authorized officer of the city.

(Code 1973, 18-226)

It shall be unlawful for any person or persons to remove, obstruct or in any way injure any fire hydrant, valve, valve box or cover, meter or meter box or cover, cutoff box or cover, or in any manner injure or damage any pipes, tools, apparatus, fixtures, buildings or any other property of any kind belonging to the waterworks department of the city.

(Code 1973, 18-227)

The city manager is authorized to formulate and enforce such additional rules not inconsistent herewith, as may be necessary from time to time for the proper conduct and management of the waterworks department of the; city, and the same shall be binding upon the city and its water customers.

(Code 1973, 18-228)

All water sold or furnished by the Waterworks Department of the City of Russell to users or water customers located inside the corporate limits of the City, measured by meters, shall be at the following monthly rates:

(a)   For residential service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$22.50 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 3,000

$ .546

3,001 - 5,000

$ .626

5,001 - 10,000

$ .692

All in excess of 10,000

$ .839

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$24.75 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 3,000

$ .566

3,001 - 5,000

$ .646

5,001 - 10,000

$ .713

All in excess of 10,000

$ .860

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$27.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0-3,000

$ .587

3,001 - 5,000

$ .667

5,001 - 10,000

$ .734

All in excess of 10,000

$ .880

(b)   For commercial service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$27.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .546

5,001 - 10,000

$ .626

10,001 - 20,000

$ .692

20,001 - 30,000

$ .759

All in excess of 30,000

$ .826

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$27.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .566

5,001 - 10,000

$ .646

10,001 - 20,000

$ .713

20,001 - 30,000

$ .780

All in excess of 30,000

$ .846

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$27.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .587

5,001 - 10,000

$ .667

10,001 - 20,000

$ .734

20,001 - 30,000

$ .800

All in excess of 30,000

$ .867

(c)   For industrial service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$50.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .577

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$50.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .656

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$50.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .734

(d)   Automatic modification of water usage rates. The foregoing water rates, for all users, for water usage shall be modified by increasing each rate by 3% of the rate then existing, rounded up to the nearest one-tenth of a whole cent, effective for the utility billing on January 5, 2017, and again for the utility bill on January 5, 2018 unless the governing body, by resolution, determines otherwise. The customer charge component is not subject to the automatic rate increase.

(e)   Definitions. For purpose of this Section “Residential Service” is defined as service to residential premises for non-commercial use by the occupant of such premises. “Industrial Service” is defined as a company primarily engaged in the manufacturing of products. “Commercial Service” is defined as all users not meeting the definition of “Residential Service” or “Industrial Service”.

(Ord. 1445; Ord. 1487; Ord. 1572; Ord. 1585; Ord. 1609; Ord. 1751; Ord. 1784; Ord. 1850)

(a)   For residential service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 3,000

$ .607

3,001 - 5,000

$ .723

5,001 - 10,000

$ .830

All in excess of 10,000

$1.041

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 3,000

$ .632

3,001 - 5,000

$ .749

5,001 - 10,000

$ .855

All in excess of 10,000

$1.067

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0-3,000

$ .657

3,001 - 5,000

$ .774

5,001 - 10,000

$ .880

All in excess of 10,000

$1.092

(b)   For commercial service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .607

5,001 - 10,000

$ .710

10,001 - 20,000

$ .801

20,001 - 30,000

$ .894

All in excess of 30,000

$ .990

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .632

5,001 - 10,000

$ .735

10,001 - 20,000

$ .826

20,001 - 30,000

$ .919

All in excess of 30,000

$1.015

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$44.00 per month

 

 

No. of Gallons

Rate per 100 Gals.

0 - 5,000

$ .657

5,001 - 10,000

$ .760

10,001 - 20,000

$ .851

20,001 - 30,000

$ .944

All in excess of 30,000

$1.041

(c)   For industrial service:

(1)   Until December 20, 2014 Utility Billing:

 

 

Customer Charge:

$81.50 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .607

(2)   From January 5, 2015 Utility Billing to December 20, 2015 Utility Billing:

 

 

Customer Charge:

$81.50 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .715

(3)   Beginning with January 5, 2016 Utility Billing:

 

 

Customer Charge:

$81.50 per month

 

 

No. of Gallons

Rate per 100 Gals.

All consumption

$ .822

(d)   Automatic modification of water usage rates. The foregoing water rates, for all users, for water usage shall be modified by increasing each rate by 3% of the rate then existing, rounded up to the nearest one-tenth of a whole cent, effective for the utility billing on January 5, 2017, and again for the utility bill on January 5, 2018 unless the governing body, by resolution, determines otherwise. The customer charge component is not subject to the automatic rate increase.

(e)   Definitions. For purpose of this Section “Residential Service” is defined as service to residential premises for non-commercial use by the occupant of such premises. “Industrial Service” is defined as a company primarily engaged in the manufacturing of products. “Commercial Service” is defined as all users not meeting the definition of “Residential Service” or “Industrial Service”.

(Ord. 1445; Ord. 1487; Ord. 1572; Ord. 1585; Ord. 1609; Ord. 1751; Ord. 1784; Ord. 1850; Ord. 1852; Code 2017)

(Ord. 1784; Ord. 1850)

(Ord. 1784; Ord. 1850)

The city reserves the right to classify consumers of water on the basis of the amount used per month and to contract with any such classified user using more than 500,000 gallons per month at a different rate than established herein.

(Code 1973, 18-303; Ord. 1557, Sec. 1; Code 1983, 18-228)

In the event any customer of the city water system has income that is below the poverty level as prescribed by federal guidelines, and by reason of whose income the increase in water rates as herein provided could work an undue hardship upon the customer, then, and in that event, the city manager and the city clerk shall have the authority upon application by the customer to suspend the increase provided in the rates set out in section 18-226:227 and to make such adjustments as are necessary as to protect the health and welfare of the water customer within the limits of their income.

(Ord. 1445, Sec. 1; Code 1983, 18-229)

It is hereby provided that a portion of the income generated by the established rates herein shall be utilized to retire the bonded indebtedness created by the improvements to the waterworks system of the city, and that upon the retirement of the bonded indebtedness, that portion used to retire said indebtedness shall be removed from the structure as established herein.

(Ord. 1445, Sec. 2; Code 1983, 18-230)

All billings shall be “service units” for both residential and commercial service located either inside or outside the corporate limits of the city. “Service units” shall constitute each separate and individual commercial establishment or residential living quarters, whether confined to the same building or separate buildings, where such service is metered through one meter.

(Code 1973, 18-304; Code 1983, 18-231)

(a)   Establishment of Water Works Depreciation Reserve Fund. There is hereby established a fund known as the Water Works Depreciation Reserve Fund which shall consist of surplus funds from the water works operating fund or sinking funds.

(b)   Deposit of Funds. The governing body for the City of Russell shall at least on an annual basis, and more frequently if reasonable and prudent, determine the surplus funds available for transfer to the Water Works Depreciation Reserve Fund and direct the transfer of those funds.

(c)   Annual Investment of Funds. Funds placed in the Water Works Depreciation Reserve Fund shall be invested as provided in K.S.A. 12-825d(c) as it is now in force and as it may hereinafter be amended.

(d)   Use of Funds. Funds placed in the Water Works Depreciation Reserve Fund shall only be paid out or distributed for the purpose of operating, renewing or extending the water plant or distribution system from which the revenue was derived.

(Ord. 1717; Code 2017)