Chapter XV · Utilities

ARTICLE 2. WATER UTILITY

Sections 15-201 to 15-218 · 18 sections

15-201 Furnish water to consumer.

Water will be supplied to each building, place or premises of consumer only after such owner of said premises or his authorized agent has complied with the requirements of this article, as deemed applicable by the City Administrator or his authorized agents. All plumbers, or other persons, are strictly prohibited from turning water from the municipal water system into any service line by the use of valves, meters or any equipment, which is the sole property of the City of Cherryvale without the permission of the City Administrator or his authorized agents.

(Ord. 10-4602; Code 2001, 4-201)

15-202 Meter basis and connection.

The municipal water system of the City shall be operated on a meter basis and the Director of Public Works shall install water meters on the premises of all patrons of the water system of the City, and all expenses incident thereto shall be borne by the City, unless otherwise specifically provided by this Section. Whenever a consumer desires a larger or different type water meter be installed it consumer’s building, place or premises, other than the standard 5/8” water meter customarily installed, such consumer shall, in addition to the Service Account Initiation Fee specified in 15-104, pay to the City Clerk a sum equal to the difference between the cost of a standard 5/8” water meter and the cost of the water meter of the size and type desired, plus the actual expense of installing same.

(Ord. 10-4602; Code 2001, 4-202)

15-203 Ownership of water meters.

Water meters installed pursuant to Section 15-202 shall be at all times and remain the property of the City. It shall be unlawful for any person, firm or corporation in any manner whatsoever to handle tamper with, molest, damage, or interfere with any meter after the same shall be set in or installed on the building, place or promise of any consumer, except that each consumer shall be responsible for any accidental or willful damage to the water meter, set in or installed on the building, place or premises or its connections, meter box or cover, whether by his own acts or those of others not in the employ of the municipal water system. In the event of damage to such water meter, connections, meter box or cover, the consumer shall promptly notify the City Clerk or Public Works personnel and they shall manage for the necessary repairs or replacements and charge the expense of same to such consumer.

(Ord. 10-4602; Code 2001, 4-203)

15-204 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 three percent, the meter will be deemed correct and a charge of $20 will be made to the customer.

(Ord. 10-4602; Code 2001, 4-204)

15-205 Water main access fee.

No connection of a service line serving a property not previously served by the water system of the City shall be made as heretofore provided by ordinance, without the person, firm or corporation desiring to make such initial connection having first paid to the City Clerk an initial Water Main Access Fee. The fee for such service shall be as follows:

(a)Within City: Five Hundred Dollars ($500.00) for each individual service line so connected.

(b)Outside City: One Thousand Dollars ($1,000.00) for each individual water meter so connected. No connection of a privately-owned service line shall be made to a City owned water main or service line at or outside the City limits until the person, firm or corporation desiring to make such initial connection has accomplished the following requirements:

(1)Presents a formal written request for connection stating therein how the water will be used;

(2)States in the written request the names of all consumers that will make use of the water from the requested connection and service line;

(3)States in the written request how and where the applicant intends to make connection with the City owned water main or service line, furnishing a list of materials and specifications of installation to be utilized in making said connection to the City owned water main or service line.

(4)No connection pursuant to this section shall be made until after the Governing Body of Cherryvale has determined that there would be adequate water for all inhabitants within the City and those presently connected to the municipal water system, and that the requested connection will not affect service to such existing consumers.

(5)All connections made under this section shall be made pursuant to a contract, drafted by the City Attorney, between the City of Cherryvale and the consumer. All rights of the consumer to the City water shall be determined by said written contract.

(6)No consumer shall be permitted to connect users or consumers to a water connection granted by the City, except that said other user or consumer has previously complied with all requirements of this Section.

(Ord. 10-4602; Code 2001, 4-205; Ord. 19-4709)

15-206 Contract with consumers: violations.

The rules, regulations and conditions contained in this article with reference to supplying water to patrons or consumers desiring water from the municipal water system and the rates and fees herein named shall all be considered a part of the contract with the person, firm or corporation now supplied or that may hereafter be supplied with water by and through the municipal water system, and such person, firm or corporation by taking water shall be considered and held to consent to be bound thereby. When any of the rules, regulations and conditions of this article are violated, or any other rules, regulations or conditions hereafter adopted by the City, the water shall be discontinued and the water meter removed or water service locked-out from the building, place or premises of such violation and shall not be returned to service except by order of the City Administrator or his authorized representative and on payment of expenses of discontinuing or returning service to said building, place or premises. Prior to any termination of water service, the consumer shall be entitled to prior notice and granted an opportunity to be heard concerning the proposed action, all pursuant to Section 15-110.

(Ord. 10-4602; Code 2001, 4-206)

15-207 Discontinuance of water service.

(a)The City may discontinue or refuse water service to any customer, without notice or hearing for any of the following reasons:

(1)When the customer so requests;

(2)When it is determined by an employee of the City Public Works Department, Fire Department, Police Department, or Building Inspector that the continuance of water service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.

(3)When the customer refuses to grant employees of the City’s Public Works Department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement;

(4)When the customer violates any rule, regulation or ordinance of the City pertaining to water service, which violation adversely affects the safety of the customer or other persons, or the integrity of the City’s water service’s delivery system; or

(5)When the customer attempts, causes or permits unauthorized interference diversion, theft, tampering, damage or use of water service or the water service’s delivery system situated or delivered on or about the customer’s premises.

(b)The City may discontinue or refuse water service to any customer, following compliance with the notice and hearing requirements of Section 15-109 and 15-110, for any of the following reasons:

(1)Non-payment of water bills and charges as provided in Section 15-109; or

(2)When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining water service from the City.

(Ord. 10-4602; Code 2001, 4-207)

15-208 Unauthorized water connections.

It shall be unlawful for any person, firm or corporation, not having a license or permit from the city for the withdrawal of water from any of the hydrants, mains, laterals or service pipe, within or without the city, to withdraw or cause to be withdrawn or to use any water from such hydrants, mains, laterals or service pipe of the city.

(Ord. 10-4602; Code 2001, 4-208)

15-209 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. 10-4602; Code 2001, 4-209)

15-210 Protective backflow devices required.

Approved devices to protect against backflow or backsiphonage shall be installed during new construction 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 Director of Public Works.

(Ord. 10-4602; Code 2001, 4-210)

15-211 Inspection of water system connections.

(a)It shall be the duty of all persons making connection with the municipal water system of the City to present their permit to the City Administrator or his authorized agents and allow the Director of Public Works ample opportunity to inspect such connections before any part thereof is covered:

(b)After a careful inspection has been completed, the Director Public Works shall forthwith endorse his approval or disapproval on such permit and the person to whom such permit was issued for such connection shall make a report of his work on the same, sign the same and submit it to the City Administrator or his authorized agent in five (5) days from the date of such inspection.

(c)Every person supplied with water through the municipal water system of the City shall permit the Director of Public Works, or his aides or assistants, at any and all reasonable times, to enter upon or into any building, place or premises or buildings for the purpose of examining the water meter, pipes, service lines or fixtures or for investigating the manner in which said water is used or consumed.

(Ord. 10-4602; Code 2001, 4-211)

15-212 Protection from contaminants.

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

(Ord. 10-4602; Code 2001, 4-212)

15-213 Service line maintenance and repair.

All persons, firms or corporations supplied with water through the municipal water system shall keep their own service lines, valves and apparatus in good repair, and protect said service lines, valves and apparatus from freezing at water consumer’s own risk and expense and shall prevent all unnecessary waste of water; and it is expressly stipulated by the City and the consumer or any person, firm or corporation that no claim shall be made against the City by reason of breaking of the service lines or from any cause by reason of the City failing to supply water, or for any damage arising out of or from discontinuing water service to any building, place or premises for the purpose of repairing water mains or service lines, making connections or repairs, or for any other cause or purpose whatsoever; the right is hereby reserved by the City to discontinue water service or supply at any time.

(Ord. 10-4602; Code 2001, 4-213)

15-214 Excavation.

(a)PERMIT; BOND. Within the City limits of Cherryvale. Kansas, no person shall cut, bore, disturb, dig in or excavate any hole, ditch, trench or tunnel in through or under, or otherwise disturb the surface of, any portion of any street, highway, alley, sidewalk or sidewall thereof (or in or under any berm, ditch or street sidewall adjoining a street, highway or alley), or in or under any portion of any park, ball diamond, athletic field, school ground or other public property, or in or under a public easement on which any of the foregoing may be located, or in or under any public easement through private property, without first having secured an excavation permit from the City Clerk; provided, no such permit shall be required from persons or their contractor(s) performing environmental remediation work under the supervision of the Kansas Department of Health and Environment (“KDHE”). All excavations for building water installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, rights-of-way, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. All such digging or excavation shall be in accordance with all the terms, conditions, and requirements of any permit so issued. The cost of obtaining an excavation permit shall be $15.00. An excavation permit shall be effective for one (l) year from the date the permit is issued.

(b)ONE CALL SYSTEM. All excavation licensees shall perform the duties set forth in K.S.A. 66-1801 through K.S.A. 66-1814 and amendments thereto. Those duties include the requirement to place a telephone call to 1-800-DIG-SAFE at least two days prior to the excavation except for emergency excavations. An emergency means any condition constituting a clear and present danger to life, health, or property, or a customer service outage.

(c)ONE CALL TO CITY. When an excavator makes the call to 1-800-DIG-SAFE, Dig Safe shall contact City Hall to report that excavation is planned so the City will have actual notice.

(d)BARRICADES. All excavators shall enclose all excavations with sufficient barricades and danger signs at all times and shall maintain sufficient warning lights or flares at nighttime. The excavation licensee shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.

(e)SAME; UNLAWFUL ACTS. It shall be unlawful for any person, except those having authority from the City or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto.

(f)RESTORATION; CUTTING CURBS; PAVEMENT.

(1)No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the city clerk.

(2)Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.

(3)In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent.

(4)All excavations shall be properly filled to ensure that no hazard exists.

(5)The Director of Public Works may require an excavator to return to the site of the excavation within six months of the excavation in order to fill settled areas. If an excavation licensee does not comply with work requested by the Director of Public Works demand shall be made upon the surety to pay for the cost of the needed repairs.

(g)PENALTIES. Any person who shall engage in excavating within the city without having first secured an excavation license as required in this ordinance shall be deemed guilty of a Class C misdemeanor. Any person who shall violate Section (e) shall also be deemed guilty of a Class C misdemeanor. Each and every day shall be deemed to be a separate violation.

(Ord. 10-4602; Code 2001, 4-214; Ord. 19-4713)

15-215 Tapping; mains, distributing lines.

No person, except the Director of Public Works or an authorized representative employed by the City, will be permitted under any circumstances to tap the mains or distributing pipes, or to insert stopcocks, or ferrules, and pipes must not in any case be tapped nearer than fifteen (15) inches of either end of the pipe, nor nearer than four (4) feet from any tap, except in making a cluster of taps for large pipes. All stopboxes on residence streets shall be one (1) foot inside the curb line and on business streets just inside of the curbline.

(Ord. 10-4602; Code 2001, 4-215)

15-216 Connection; water system; plumber’s permit; bond.

Any plumber wishing to do business in connection with the municipal water system shall first make application to the Director of Public Works and such application shall be in writing, giving his name and the names of each of his firm, if any, and the place of doing business, asking to be permitted to do plumbing in connection with the water system, stating his willingness to be governed in all respects by the rules and regulations now or hereafter to be adopted by the City Council; any plumber wishing to do business in connection with the water system shall give a bond in favor of the city to be approved by the Council in the sum of five thousand dollars ($5,000.00); Provided, that he will indemnify and keep harmless the city and the Director of Public Works from all liabilities for any accident or damages arising from neglect or any unskillfulness in doing the work, or any unfaithful or defective work done, and that he will also restore the streets, alleys, sidewalks and pavement over all pipes he may lay and fill all excavations made by him, so as to leave the street, sidewalk and pavement in as good condition as he found it, and to keep the same in good order to the satisfaction of the Director of Public Works for a period of thirty (30) days thereafter. All connections shall be made direct from the water mains and no consumer at any one location shall be permitted more than one direct connection.

(Ord. 10-4602; Code 2001, 4-216)

15-217 Filling ditches, etc.

The builder of any connection with any main or lateral, shall do the backfilling in the streets and alleys in such manner as the Director of Public Works shall direct, and within forty-eight (48) hours after the opening of the ditch in any street or alley, such street or alley shall be put in as good condition as previous to such digging and to the satisfaction of the Director of Public Works. Every builder shall close any opening he may make in any public street or alley with sufficient barriers and maintain danger signals during the night and be held liable for damage to person or property resulting from negligence in maintaining such barriers and signals.

(Ord. 10-4602; Code 2001, 4-217)

15-218 Unlawful to uncover pipes.

It shall be unlawful for any person to excavate in any street, avenue, alley or lane, within two (2) feet of any water main or pipe when the ground is frozen, or dig up, or uncover any water pipes of the city so as to expose the same to frost, except the same may be done under the direction of the Director of Public Works.

(Ord. 10-4602; Code 2001, 4-218)