Chapter XV · Utilities

ARTICLE 2. WATER

Sections 15-201 to 15-238 · 38 sections

15-201 Superintendent of water and sewage.

The general management, care, control and supervision of the city water system shall be in the city superintendent, who shall be appointed by the mayor with the consent of the governing body.

(Ord. 1030, Sec. 2)

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.

(Ord. 1030, Sec. 2)

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. The city shall not be liable for any damages done or accidents due to the lack of pressure, or insufficient water supply or break in the mains, or the shutting off of the water supply, or the failure of power or other energy used for pumping.

(Ord. 1030, Sec. 2)

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 public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b)Before any new installation 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.

(Ord. 1030, Sec. 2)

15-205 Application for service; permit fee.

(a)Any person, firm or corporation desiring a new installation 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 installation.

(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 new service installation shall be accompanied by payment of fees and/or costs specified in section 15-207.

(d)No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public water lines or appurtenance thereof without first obtaining a written permit from the city clerk.

(e)A permit and inspection fee of $15 for a residential, commercial or industrial water permit shall be paid to the city clerk at the time the application is filed.

(Ord. 1030, Sec. 2)

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.

(Ord. 1030, Sec. 2)

15-207 Reserved.

(Ord. 1030; Ord. 1147; Code 2013)

15-208 Curb cocks.

There shall be a curb cock in every new service line attached to the city main, the same to be placed within the meter box.

(Ord. 1030, Sec. 2)

15-209 Check valves.

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the city 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. 1030, Sec. 2)

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 permission from the city superintendent.

(Ord. 1030, Sec. 2)

15-211 Separate service.

Every new premise served with water shall have a separate service connection and each service line shall have a separate meter and cutoff as provided by rules of the municipal water system. For those buildings that currently have one water meter serving two units, the property owner shall be responsible for payment of the water bill or for setting separate water meters for each unit.

(Ord. 1030, Sec. 2)

15-212 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 water meter.

(d)Rural water meters will be set at closest point to their property inside the city limits.

(Ord. 1030, Sec. 2; Code 2003)

15-213 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 based upon American Waterworks Standards, the meter will be deemed correct and actual charges to have it tested plus an administrative fee of $25 shall be billed to the customer.

(Ord. 1030, Sec. 2; Code 2003)

15-214 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. It is unlawful for any person, firm or corporation to take any water from the municipal waterworks system except through a meter installed by the city or to take water from any premises not owned by him, her or them without the permission of the owner thereof, in any way to damage or interfere with the supply of water, or to open any valve or hydrant of the waterworks system located on public grounds or to connect to or take water from the system without the authority of the department.

(Ord. 1030, Sec. 2)

15-215 Leaks prohibited; penalty.

Property owners shall at their own expense repair, replace or remove all such water lines on their own properties (from the water meter on) as may be required by the department to prevent loss to the city or damage to the public. When the owner shall fail to repair water lines on his or her own premises after notice by the city, the department may disconnect the service until repaired, or until the condition causing loss or damage shall be corrected. 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 any water bill or meter reading which he or she may consider excessive.

(Ord. 1030, Sec. 2)

15-216 Utility deposit.

At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in Article 1, 15-108 to 15-111 to secure payment of accrued bills or bills due on discontinuance of service.

(Ord. 1030, Sec. 2)

15-217 Water connection fee.

All customers’, both new and existing will be required to pay a $15 service charge each time they have water turned on at a new address, or off when moving from a location. When an existing customer moves to a new address, needs water turned off for a leak or other repairs, etc., the fee will be charged, and the same will apply to new customers making application for water service. No fee will be charged for persons leaving town for the winter (vacation), unless the city is required to turn the water off and on, or when a person moving from one location to another does so within the city limits. In those instances a flat fee of $15 shall be charged.

(Ord. 1055, Sec. 1)

15-218 Interrupt service.

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

(Ord. 1030, Sec. 2)

15-219 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 city superintendent.

(c)Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city.

(Ord. 1030, Sec. 2)

15-220 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.

(Ord. 1030, Sec. 2)

15-221 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.

(Ord. 1030, Sec. 2)

15-222 Rates.

(a)The following schedule of rates shall be charged to all residential consumers within the city limits of Oswego:

The first 1,000 gallons or any fraction thereof is $28.63; and each additional 1,000 gallons consumed is $11.39 per 1,000 gallons. The minimum charge under this schedule is $28.63.

(b)The following schedule of rates shall be charged to all Commercial A & B consumers (those with 3/4” and 1” meters) within the city limits of Oswego:

The first 1,000 gallons or any fraction thereof is $28.63; and each additional 1,000 gallons consumed is $11.39 per 1,000 gallons. The minimum charge under this schedule is $28.63.

(c)The following schedule of rates shall be charged to all Commercial C & D consumers (those with 2” and larger meters) within the city limits of Oswego:

The first 1,000 gallons or any fraction thereof is $28.63; and each additional 1,000 gallons consumed is $10.60 per 1,000 gallons. The minimum charge under this schedule is $28.63.

(d)The following schedule of rates shall be charged to all consumers outside the city limits of Oswego, except rural water districts:

The first 1,000 gallons or fraction thereof $57.27; and each additional 1,000 gallons consumed is $22.79 per 1,000 gallons. The minimum charge under this schedule is $57.27.

(e)The following schedule of rates shall be charged to all rural water districts obtaining water from the city:

$11.86 per 1,000 for each 1,000 gallons.

(Ord. 1096; Ord. 1256; Ord. 1279; Code 2014; Ord. 1339; Ord. 1469)

15-223 Payment of bills.

All water bills for the previous month’s water service shall be paid on or before the 10th day of the month following the service. For any billing not paid when due a late charge of 10 percent will be added to the bill.

(Ord. 1030, Sec. 2)

15-224 Delinquent accounts; notice; hearing; finding; liability.

Water service shall be terminated for nonpayment of service fees or charges as provided in section 15-105. Once water is shut off for nonpayment, if water is turned back on without restoring water service, the tenant is responsible and may be issued a fine for theft of services or similar wording.

(Ord. 1030, Sec. 2; Code 2003)

15-225 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.

(Ord. 1030, Sec. 2)

15-226 Cross connection policy incorporated.

Pursuant to the provisions of K.A.R. 28-15-18, there is hereby incorporated by reference for the purpose of regulating cross connections within the City of Oswego, Kansas a Cross Connection Policy.

No fewer than three copies of Ordinance No. 1257 and the Cross Connection Policy for the City of Oswego, Kansas, shall be marked or stamped “Official Copy as incorporated by Ordinance No. 1257 of the City of Oswego Kansas,” and such copies shall be filed with the city clerk to be open to inspection and available to the public at all reasonable business hours, provided that such official copies may not be removed from City Hall. All city officials requiring the use of the Cross Connection Policy for the City of Oswego Kansas shall be supplied, at the expense of the City, such number of official copies of such ordinance as may be deemed expedient by the Governing Body.

(Ord. 1030; Ord. 1257)

15-227 Reserved.

(Ord. 1030; Ord. 1257)

15-228 Reserved.

(Ord. 1030; Ord. 1257)

15-229 Reserved.

(Ord. 1030; Ord. 1257)

15-230 Extension of lines.

The city may extend its water lines within the city when in the judgment of the governing body there is a public need or 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 cost of the extension and the cost of extending water service. The city may allow the expansion of its distribution system to provide service outside the city when benefitting customers or land developers agree to pay all cost in construction of such expansion, and sign a consent to annexation form. The expansion shall be equal to city standards.

(Ord. 1030, Sec. 2)

15-231 Trenching and backfilling.

Any excavation made by a plumber or property owner in the easement or public right-of-way shall not be kept open longer than is necessary to make connections. Barriers, guards and lights shall be placed adjacent to the open ditch or excavation to protect the public, excavations shall be backfilled with suitable compacted material and left in a condition satisfactory to the department. Where such excavation or backfill is made in an unsatisfactory manner, the department shall cause it to be corrected and the cost thereof shall be charged to the plumber or property owner.

(Ord. 1030, Sec. 2)

15-232 Additional rules.

It shall be the duty of the city superintendent and/or the city administrator with the approval 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 utilities department of the city, and the same shall be binding upon the city and its inhabitants upon such approval.

(Ord. 1030, Sec. 2)

15-233 Water protection fee.

(a)Effective as of July 1, 1989, a water protection fee is imposed at the rate of $.032 per 1,000 gallons of water, both treated and untreated, sold at retail and delivered through mains, lines or pipes.

(b)Water sold at wholesale (i.e., to other suppliers) is not subject to such fee until the water sold to such other suppliers is sold at retail at which time the city is then responsible for remitting such fee.

(c)Water sold at retail means water sold to the final purchaser or consumer no matter who that final purchaser or consumer may be.

(d)Such fee will be paid quarterly by the city to the Department of Revenue of the state upon forms which are provided to the city by such department.

(Ord. 1030, Sec. 2; Code 2003)

15-234 Partial service; prorating.

Any person, firm or corporation at the time of beginning or termination of utility service for a period less than the original billing cycle, may have their bill prorated as authorized by the city clerk.

(Ord. 1030, Sec. 2)

15-235 Protection from damage.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal water system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. 1030, Sec. 2)

15-236 Violations.

Any person found to be violating any provision of this article except section 15-235 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(Ord. 1030, Sec. 2)

15-237 Same.

Any person who shall continue any violation beyond the time limit provided for in section 15-236 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not less than $250 nor more than $500 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

(Ord. 1030, Sec. 2; Code 2003)

15-238 Same.

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(Ord. 1030, Sec. 2)