Chapter 15 · Utilities

Article 1. Water

Sections 15-101 to 15-134 · 39 sections

15-101 Utility superintendent.

The waterworks system for the city shall be under the immediate charge of the utility superintendent who shall at all times be accountable to the governing body of the city. The waterworks superintendent shall be appointed by the mayor with the consent of the governing body.

(Code 1984)

15-102 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 1984)

15-103 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 1984)

15-104 Service connections.

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.

(Ord. 85-465, Sec. 1)

15-105 Reserved.

(Ord. 15-862)

15-106 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 1984)

15-107 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 1984)

15-108 Purpose.

The purpose of this section is to protect the public water supply of the city from contamination due to backflow or backsiphonage from any cross connection; and to prohibit and eliminate all cross connections to the public water supply; and to provide for the maintenance of a continuing effective cross connection control program. This program shall include regularly scheduled inspections to detect and eliminate current cross connections as well as to prevent any future cross connections.

(Ord. 91-567, Sec. 2)

15-108 1 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. 92-567, Sec. 3)

15-108 2 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. 92-567, Sec. 4)

15-108 3 Inspection.

The utilities superintendent or other designate of the city council of the city 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 the possibility of contamination of the public water supply of the city.

(Ord. 92-567, Sec. 5)

15-108 4 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. 92-567, Sec. 6)

15-108 5 Incorporation by reference.

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 South Hutchinson Public Water Supply”. No fewer than three copies of the manual shall be marked or stamped, “Official Copy as Adopted by Ordinance No. 92-567”, and a copy thereof shall be attached hereto, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 92-567, Sec. 7)

15-109 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 meter and any work necessary past the meter shall be done by a plumber as provided in Chapter 4 of this code.

(d)Meters shall be installed in a location which will be easy of access and the city shall cause to be read every water meter used in the city at such times as when necessary for bills to be sent out at the proper time.

(Ord. 390, Sec.4; Ord. 85-465, Sec. 4)

15-110 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 charge of $15 will be made to the customer.

(Ord. 93-584; Code 1984)

15-111 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 1984)

15-112 Leaks.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass 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 1984)

15-113 Connection charge.

A “turn-on” fee of $30.00 shall be made for each unit to be served, this sum to be retained by the City. A deposit of $30.00 may be required by the city clerk when a customer is delinquent in paying their bill. This deposit will be refunded when the service is discontinued and all bills are paid in full.

(Ord. 85-465; Ord. 15-852)

15-114 Utility deposit.

(a)In addition to the connection fee, the city clerk may require the customer to make a cash deposit to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.

(b)The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “meter deposit fund.” Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.

(c)The deposit and interest accrued shall be payable in cash upon demand by the property owner depositing the same or it may be credited on the payment of any bill rendered; provided, that at the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor who is owner of the premises wherein such water service is being furnished and has not been delinquent in payment of any water service charge during the past year. Interest due and accrued shall not draw interest.

(d)Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto.

(e)Any security deposit not refunded within three years after discontinuance of service shall be deposited in the water fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Code 1984)

15-115 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 1984)

15-116 Prohibited acts.

It shall be unlawful for any person to:

(a)Tamper, damage or meddle with any water main, fire hydrant, electric line or any other water or electric equipment belonging to the city;

(b)Make any connection to the water or electric systems of the city without a written permit from the city;

(c)Reconnect service when it has been discontinued for nonpayment of a bill for service.

(Code 1984)

15-117 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 1984)

15-118 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 1984)

15-119 Water bills.

All bills for the use of water shall be due on receipt and payable by the last day of each and every month. All bills remaining unpaid after the 10th date of the following month are hereby declared delinquent.

(Ord. 85-465; Ord 15-851; Ord. 26-07)

15-120 Partial service.

Any person, at the time of beginning or terminating service, who shall receive service for a period of less than 17 consecutive days shall be billed at not less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more, the charge shall be no less than the regular minimum monthly rate.

(Code 1984)

15-121 Delinquent accounts.

(a)The city shall have the right to refuse further service to any delinquent account and shall terminate the water service until the delinquency is resolved as provided herein.

(b)The city shall add a late charge of fifteen percent (15%) on the amount due on a delinquent bill.

(c)If water service is disconnected due to being delinquent, a $30.00 reconnection fee will be assessed for reinstating water service.

(d)Once water service has been disconnected, all past due amounts owing on the account, including all assessed fees, must be paid in order for service to be reconnected.

(e)Payments to restore service must be made by cash, money order, or credit/debit card. The only type of check that will be accepted is a valid bank cashier’s check.

(f)If a customer has more than one utility account for which the customer is responsible, all of the customer’s accounts will be disconnected for any delinquent account of that customer according to the provisions set forth herein. Likewise, all accounts must be current before water service is reconnected to any of the customer’s accounts.

(g)If a customer has a delinquent account for water service, that customer may not initiate service at another location until the delinquent account is paid in full.

(h)Accounts that are delinquent shall be disconnected on the last business day of the month following the issuance of the original water bill, subject to Section 15-122. For example, the water bill is sent in April, and no payments have been made. The water service will be disconnected on the last business day of May due to the delinquent account.

(i)City personnel shall not be authorized to make any payment arrangements with customers to avoid termination of service or to delay termination of service. Instead, the process of Section 15-122 must be used.

(j)The provisions of Section 15-124 shall supersede during its applicable months with regard to service disconnections.

(Code 1984; Ord. 26-07)

15-122 Notice; hearing.

(a)A delinquency and termination notice shall be issued by the city clerk within five (5) business days after a delinquency occurs, as defined in Section 15-119, and mailed to the customer at the last known address. A copy shall also be mailed to the occupant of the premises if the city is aware that the occupant and customer are not the same person.

(b)The notice shall state the following information:

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

(2)Water service will be terminated on the last business day of the current month if the delinquent amount due and late payment charge are not paid prior – plus specify the specific disconnection date;

(3)A $30.00 reconnection fee must be paid if service is ultimately disconnected;

(4)The customer has a right to a hearing;

(5)The request for hearing must be in writing and filed with the city clerk no later than three (3) business days prior to the date for termination of service

(c)Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time, and place of the hearing, which shall be held within three (3) business days following receipt of the request;

(d)Upon receipt of the request for hearing, the city clerk shall notify the mayor, and the mayor shall designate a member of the governing body to conduct the hearing.

(Code 1984; Ord. 26-07)

15-123 Same; finding.

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the utility superintendent. If the officer 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 letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 1984)

15-124 Cold weather water shutoffs.

(a)This policy shall only apply in the months of December, January, and February.

(b)This policy shall only apply to residential water accounts.

(c)During the specified months, no water service shutoffs will occur for delinquent bills. Late fees as set forth in Section 15-121 shall still accrue during this period.

(d)Customers with delinquent bills will receive written notification prior to December 1 to inform them of their account status.

(e)Service disconnections shall resume on March 1 and all delinquent bills prior to February must be paid in full by the last business day of March. The procedures set forth in Sections 15-121 and 15-122 shall be followed for these disconnections. February delinquent bills will be handled in the normal manner as prescribed by Sections 15-121 and 15-122.

(f)This policy shall not apply to accounts where water service is terminated due to unauthorized use, safety concerns, or other violations of City ordinances unrelated to payment delinquency.

(g)The City Administrator, or his/her designee, is authorized to craft payment plans for customers upon request in the application of this policy.

(Ord. 26-08)

15-125 Reserved.

15-126 Reserved.

15-127 Petty cash fund.

A petty cash fund in the amount of $1,000 is established for the use of the water department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts.

(Code 1984)

15-128 Same; deposits.

The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the city clerk by check which shall state clearly the purpose for which issued.

(Code 1984)

15-129 Same; vouchers.

Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore the petty cash fund to its original amount.

(Code 1984)

15-130 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 1984)

15-131 Monthly rates.

(a)The following monthly rates are hereby established for water furnished by the City to premises located within the City:

There shall be a flat rate of $.00306 per gallon for the calendar year 2023; a flat rate of $.00359 per gallon for the calendar year 2024; and a flat rate of $.00411 per gallon for the calendar year 2025.

(b)The following monthly rates are hereby established for water furnished by the City to premises located outside the City:

There shall be a flat rate of $.00337 per gallon for the calendar year 2023; a flat rate of $.00406 per gallon for the calendar year 2024; and a flat rate of $.00490 per gallon for the calendar year of 2025.

(c)In addition to the flat rate provided for in subsection (a) above, water users within the City limits of the City of South Hutchinson shall pay to the City a minimum monthly fee which shall be determined by the size of the meter as follows:

Meter size	2023	2024	2025
.625”	$8.39	$10.24	$12.18
1”	$14.00	$14.21	$14.43
2”	$32.30	$32.68	$33.17
3”	$49.48	$50.22	$50.97
4”	$197.19	$200.15	$203.15
6”	$394.39	$400.30	$406.31

(d)In addition to the flat rate provided for in subsection (b) above, water users which are outside the City limits of the City of South Hutchinson, Kansas shall pay to the City a minimum monthly fee to be determined by the size of the meter as follows:

Meter size	2023	2024	2025
.625”	$14.62	$14.84	$15.06
1”	$30.81	$31.27	$31.74
2”	$70.84	$71.90	$72.98
3”	$108.85	$110.48	$112.14
4”	$433.82	$440.33	$446.94
6”	$867.63	$880.65	$893.86

(e)Water users who own an overhead fire extinguisher water sprinkling system either within or outside the City limits shall pay to the City a monthly fee of $10.00.

(f)All customers who purchase bulk water from the City shall, each time of purchase, pay a minimum of $50.00. Additionally, all customers who purchase bulk water, each time of purchase shall pay a bulk water rate of $.00490 per gallon for each gallon, or portion thereof.

(g)The City Council of the City of South Hutchinson Kansas shall review all rates for water users in November of each year.

(Ord. 17-886; Ord. 22-07; Ord. 22-10)

15-132 Hydrant rental.

The city shall pay to the water department of the city $15 per month for each and every fire hydrant on its water system, the charge to pay the cost of installation, maintenance, and the use of any water therefrom.

(Ord. 87-502, Sec. 1)

15-133 Charges may not be waived.

No water shall be furnished without charge to any person, firm or corporation.

(Ord. 85-465, Sec. 7)

15-134 Liability of landlord.

(a)Lessors of leased premises served by public utilities furnished by the city shall be ultimately liable for payment of the cost of any utilities furnished by the city to such leased premises, whether the utilities are furnished upon the application and request of the lessor or the lessee of such premises.

(b)If utilities are furnished by the city to leased premises, upon the application and request of the lessee, then the deposit required for such service shall be paid by the lessee and all billings for utilities furnished shall be made to the lessee. However, if the cost of such utilities are not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties provided by all ordinances of the city, in excess of deposits available for such payment. The lessor shall be notified in writing by first class mail within 10 days after such billing becomes delinquent.

(c)If utilities are furnished to such leased premises on the application and request of the lessor of the premises, then all deposits shall be payable by the lessor, all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of all utilities furnished.

(Ord. 85-465; Sec. 9; Code 1985; K.S.A. 12-808c)