Article 1. Water

15-101.      Incorporating domestic well water code.

The city adopts and incorporates by reference in this section as though fully set forth herein the county’s domestic well water article (Article III of Chapter 27 of the Code of Sedgwick County, Kansas) as amended. No fewer than three copies of the adopted article shall be marked “Official Copy” as adopted by Ordinance No. 1025, to which shall be attached a copy of the adopted article, and filed with the city clerk to be open to inspection and available to the public.

15-102.      Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Consumer means every person who utilizes city utility services.

User means any person utilizing water for potable use or disposing water to the citywide sanitary sewer collection system.

Utility is as defined in K.S.A. 66-1601 and specifically the city’s municipal water utility.

15-103.      Applicability.

The rules and regulations hereinafter set forth shall constitute and be considered a part of this article for every person or entity supplied with water from the municipal water system of the city. Every consumer shall be held to have consented to be bound hereby.

15-104.      Connection to municipal water system.

(a)   Required. A direct connection from all structures and property within the city to such municipal water system shall be made by all owners of such properties or structures. Every water faucet within all dwellings must be connected to the municipal water system and no other water system.

(b)   Use of water wells restrictions; cross-connections prohibited. Existing well water systems may be used only for lawn consumption and may not be used for potable consumption unless approved by public works director. Connections between a private water supply and the public potable water are prohibited.

(c)   Application for service. Before the city makes a new installation to serve any residential, commercial or industrial premises with water, the contractor or the owner of the premises shall make an application in writing to the city clerk for such connection. The application shall give the location of the property to be served by its legal description, together with its common description, the type of service desired and the use for which service will be required. Applications and payment for new water connections shall be made when the building permit is issued.

(d)   Contract required when connection required main extension. If there is no water main to which a connection can be made, contracts between the city and the property owner as provided in this article shall be made regarding extensions thereof before the application for the service connection will be accepted. The application and its acceptance by the city shall constitute a contract between the applicant and the city for installation of the connection pursuant to the provisions of this article.

15-105.      Main extension contracts.

The city, at its option, may extend its mains either within or without the city limits on the basis of special contracts for the construction of such extensions at the cost of the property owner to be served by the proposed extension. All such extensions shall become the property of the city upon completion and the city thereafter shall maintain its lines in functional condition.

15-106.      Connection fee.

(a)   At the time of making application for water service, the property owner or customer shall pay a connection fee as provided in the city fee schedule. Receipt thereof shall be issued to the depositor. This fee will be deposited in the water fund and is nonrefundable.

(b)   When making application for a transfer of water service from one property to another, the customer shall pay a connection fee as provided in the city fee schedule. A receipt shall be issued, and the transfer fee is nonrefundable. This article shall not be used to assess a connection fee from a landlord when water service is continued between leases.

(1)   All delinquent utility balances from a customer’s city utility bill at any property serviced by the City of Clearwater, Kansas must be paid prior to that customer being eligible to transfer any utility service to another property serviced by the City of Clearwater, Kansas.

(c)   Properties not included in a previously defined benefit district that request connection to the water system shall pay an amount as determined to be appropriate by the city in accordance with the following:

(1)   The amount established constitutes an additional connection fee.

(2)   The amount shall be representative of the recent historical costs of constructing water service lines of a similar or representative type as those serving the connecting property, calculated on a square foot or frontage foot basis. The city council shall set the terms of payment, including per year cost and length of annual assessment.

(3)   If, in the opinion of the city, the connecting property constitutes an extraordinary use or is likely to place an extraordinary demand on the water system, the city is empowered to calculate an appropriate charge commensurate with this extraordinary use or demand and to assess this charge against the connecting property.

(4)   If the cost of the connection to the water system has been financed by a private entity, and if the cost of the connection has been included in the purchase price of the lot and improvements thereon, then no fees as called for in this section shall be assessed.

(5)   The appropriateness of the application of this section to each individual instance shall be discretionary.

15-107.      Reconnections; disconnections.

(a)   A property owner may have water disconnected and reconnected for a deposit in the amount as provided in the city fee schedule for the purpose of cleaning and renovating the rental property. If the service remains connected, the bill will be sent to the property owner until such time the occupant establishes a new service.

(b)   A resident who will be leaving town for a period of more than six weeks and requests service to be disconnected and reconnected will be charged a service fee as provided in the city fee schedule.

(c)   If the city water department is dispatched to terminate service for nonpayment of a water bill, but before service is terminated the bill is paid in full, the water consumer shall still be charged the applicable disconnection fee set forth in the city fee schedule.

(d)   Payments for disconnection will only be accepted at City Hall. No city employee shall accept payment outside of City Hall. Connection of water service for a new service or for non-payment of an account will take place at City Hall during business hours. Service will not be reconnected unless a person 18 years of age or older is present at the residence. If water is re-connected by someone other than a city employee without the city’s approval the occupant can be charged with theft of services in municipal court.

15-108.      Service installation; city contract rights.

(a)   All new water service connection installations shall be made by the city for the owner of the premises to be served, upon application for the new water service. The cost of the service installation includes a utility improvement fee and fees as provided in the city fee schedule.

(b)   The city shall be responsible for the repair, replacement and maintenance of the water service installation from the main to the meter including the repair or replacement of any pipe, attachment, apparatus or meter.

(c)   After receiving notice from the city to repair or replace any defective installation or piping on the owner’s or customer’s premises, the same shall be repaired or replaced by the owner at his expense and the city shall reserve the right to disconnect the service until the same is repaired in accordance with the notice.

(d)   For commercial properties with a fire line connection, the owner shall be responsible for the repair, replacement and maintenance of the fire line from the tap to the owner’s property.

(e)   All water service shall be supplied by water measurement. The metering device shall remain the property of the city. The city reserves the right to change or replace any meter at any time.

(f)   The city reserves the exclusive right to contract with any large customer or consumer pertaining to the supply and metering of water.

15-109.      Water meter test.

If a water user requests that his water meter be checked for accuracy, the user shall provide a cash deposit to the city as provided in the city fee schedule. The meter in question will then be removed and tested to a comparable manufacturer’s certified meter. If the tests prove the meter to be accurate, the deposit is forfeited for costs. If the meter proves to have been giving inaccurately high readings, a new water meter will be installed, and the water bill will be adjusted to an average of the three lowest readings of the current year or of the previous year.

15-110.      Existing installation; service application.

Application for water service where a connection is in place shall be made at the office of the city clerk on forms provided by the city clerk and in accordance with such rules and regulations as may hereinafter be prescribed by the council for such purposes.

15-111.      Delinquent payments.

(a)   Due date; place of payment. Payment for water service shall become due and payable on the 14th day of the month succeeding the month in which the service was rendered, the meter read, and the customer billed. Water bills shall be payable at the office of the city clerk.

(b)   When account becomes delinquent, penalty. Any such account which remains unpaid after the due date shall constitute a delinquent account. A ten percent penalty shall be added to any such delinquent account if not paid by 7:30 a.m. the first business day following the 14th of the month.

(c)   Notice of delinquency and intent to terminate service. The city clerk shall notify the property owner, customer or consumer receiving such service by issuing a delinquency, penalty and termination notice that charges are due and unpaid. The delinquency and termination notice shall provide the customer of record, delinquent property owner or consumer with the following information:

(1)   The amount due on the unpaid balance plus penalties;

(2)   The customer’s right to a hearing before the department;

(3)   Notice that service will be terminated and water service discontinued on the first day of the next following month if the bill remains unpaid. If the first of the month falls on Saturday, Sunday or legal holiday, disconnection shall be made on the next business day.

(d)   Extension of time for payment. The city council or its delegate has a right, for good cause, to grant an extension, not to exceed 20 days, for the termination of such service. The request for extension must be made in person and signed by the requestor.

(e)   Request for hearing. A request for a hearing must be made no later than three working days before the date of discontinuance. The mayor, any council member, the city clerk or employee designated by the mayor, shall conduct such hearing.

(f)   Disconnection; reconnection. On the date designated in such notice or subsequent thereto, the department shall be authorized to discontinue and disconnect water for any customer who continues to be delinquent of the payment of the water bills and penalties. Whenever any service has been discontinued or disconnected because of failure to pay delinquent charges, the same shall not be resumed until all accounts have been paid in full together with a reconnection charge as provided in the city fee schedule in the office of the city clerk. There is an extra charge as provided in the city fee schedule if water is reconnected after business hours or on holidays.

(g)   Dishonored checks; cash payment required. In the event that the city receives more than one insufficient funds check from a customer in payment of their water bill during a three-month period, then the customer shall in the future make payments of their water bill by cash or cash equivalent for a period of one year. Receipt of an insufficient funds check shall be treated by the city clerk as an unpaid water bill and the penalties will be assessed as set forth by ordinance for providing a check of insufficient funds to the city.

15-112.      Water rates; proration.

(a)   Monthly water rates. The rates for all persons and entities receiving water from the public water system of the City of Clearwater, Kansas shall be established pursuant to a rates schedule enacted by Resolution of the Governing Body of the City of Clearwater, Kansas.

(1)   At the time of commencing or terminating water utility service to a property from the City of Clearwater, Kansas, the city clerk may, at the clerk’s discretion, authorize proration of the bill for water utility service to any person, firm or corporation in proportion to the time that such water utility service will be or has been provided to the person, firm or corporation at that property that is less than a normal billing cycle for such water utility service.

(b)   Annual increase—Monthly water rates. The rates established under section 36-30(a) shall automatically increase by two percent each year beginning with the billing for the reading in January 2025, and shall increase every January thereafter by two percent of the then current base rate.

15-113.      Water fluoridation; state approval required; concentration amount.

Upon receiving the consent and approval of the state board of health, and until further direction of the city council, the water department is authorized and directed, as soon as means may be provided, to proceed with the introduction of sufficient fluoride to raise the total fluoride concentration in the finished water to one part of fluoride to every million parts of water being distributed in the water supply system of the city.

15-114.      Utilities tampering and other prohibited acts.

Unless exempt pursuant to K.S.A. 66-1602 or other state or federal law, it is unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

(a)   Divert or cause to be diverted, utility services by any means whatsoever.

(b)   Receive, consume or in any manner divert or appropriate to his own use or to the use of another any water belonging to or served by the city.

(c)   Make or cause to be made any connection or reconnection or reconnection with property owned or used by the utility service without the authorization or consent of the utility.

(d)   Prevent any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.

(e)   Tamper with any property owned or used by the utility to provide utility services.

(f)   Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt was without the authorization or consent of the utility.

(g)   Obtain credit for or purchase utility service by the use of any false, fictitious or counterfeit telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device without the authority of the person to whom the number of device was issued, or by the use of any telephone number, credit number or other credit device knowing that such number or device has been revoked.

(h)   Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent scheme, device, means or method.

15-115.      Inspection.

The city maintenance person or other designee of the city council shall have the right of entry into any building or premises in the city as frequently as necessary in his judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city.

15-116.      Rules and regulations generally.

The council may promulgate such special rules and regulations as shall be required to supplement and carry out the terms, conditions and provisions of this article and the same are incorporated herein and made a part hereof as if fully set forth herein as the same may from time to time be approved by the city council. Such rules and regulations shall be on file in the office of the city clerk and may be inspected by all persons at all reasonable and proper times.

15-117.      Penalties.

The violation of any provisions contained in this article shall be a misdemeanor and any person violating any of the provisions of this article shall, upon conviction, be fined a sum not to exceed $500.00, or by imprisonment for not more than one month, or by both such fine and imprisonment, for each and every offense. Any violation hereof shall be singular and cumulative and each day a violation continues to exist shall constitute a separate offense.

15-118.      Presumption of violation.

There is a rebuttable presumption that there is a violation of this article, on premises controlled by the customer or by the person using or receiving the direct benefit of utility service, if there is any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor or any meter that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of utility services.