ARTICLE 2. WATER

15-201. DUTIES OF UTILITY CLERK.

The utility clerk shall make out all water bills and keep a proper record of each customer’s account, including water charges, Kansas retailers’ sales tax, deposits to insure the payment of bills or the safe return of meters, connection charges, penalties, rebates, and all other financial transactions with each customer except such as are required to be kept by other officers or employees. He or she shall present to the governing body at each meeting a financial statement of the receipts and expenditures of the water department from the time of the last report. It shall be the duty of the utility clerk to examine in detail all bills, accounts and claims against the waterworks department, and if found correct, sign his or her name in approval thereof, but if incorrect, he or she shall refuse to approve or allow the same. He or she shall perform such other and further duties in regard to the waterworks system as may be prescribed herein or in other ordinances of the city by state law. The utility clerk shall be responsible for the collection of all water bills including the Kansas sales tax and shall also collect all other debts owing to the waterworks and shall send out bills for all amounts owing for services and materials furnished.

(Code 1987, 16-102; Code 2008)

15-202. APPLICATION AND CONTRACT FOR SERVICE CONNECTION.

Before any connection is made to any water main or distributing line, an application for a connection must be made by the owner of the premises to be connected or by his, her or their authorized representative at the office of the City Clerk (or waterworks department). Application shall contain such information as the water department may require. If there is no main or distributing line to which a connection can be made, the requirements in regard to extensions must be met before the application for service connection will be accepted. The application and its acceptance shall constitute a contract between the applicant and the city for the installation of the connection. (Code 1987, 16-103)

15-203. RESIDENTIAL RATES.

(a)    Each residential household with a 5/8-inch meter shall be subject to a minimum charge for up to the first 2,000 gallons of water usage in the amount of $22.75 per month. For water usage from 2,001 gallons per month to 10,000 gallons per month an additional $6.50 per 1,000 gallons or any portion thereof shall be charged. For water usage from 10,001 gallons to 15,000 gallons an additional $6.25 per 1,000 gallons or any portion thereof shall be charged. If a resident uses more than 15,001 gallons in one month there shall be a charge of $6.00 per 1,000 gallons or any part thereof. Each residential household with a one-inch meter shall be subject to a minimum charge for up to the first 2,000 gallons of water usage in the amount of $27.75 per month. For water usage from 2,001 gallons per month to 10,000 gallons per month an additional $9.00 per 1,000 gallons or any portion thereof shall be charged. For water usage from 10,001 gallons to 15,000 gallons an additional $8.75 per 1,000 gallons or any portion thereof shall be charged. If a resident uses more than 15,001 gallons in one month there shall be a charge of $8.50 per 1,000 gallons or any part thereof.

(b)    Commercial water rates for the City of Nickerson shall be calculated as follows:

5/8 inch meter	$22.75
1 inch meter	$27.75
2 inch meter	$34.75

(c)    Water that is sold at the water tower shall be charged at the rate as follows:

For the first 2000 gallons the charge shall be $22.75 per month. For water usage from 2001 gallons to 10,000 gallons per month at additional $2.50 shall be charged for each 1000 gallons or any portion thereof. For water usage for 10,001 gallons to 15,000 gallons an additional $2.25 per 1000 gallons or any portion thereof shall be charged. For water usage of 15,001 gallons or more in one month the charge shall be $2.00 per 1000 gallons or any portion thereof.

(d)    Water sold to residences, commercial users and those purchasing water at the water tower shall be sold subject to the provisions of the Kansas Retailers Sales Tax Act as amended by K.S.A. 79-3606.

(Ord. 2008-11; Code 2014; Ord. 2022-03)

15-204. ABANDONED SERVICE PIPES.

(a)    All service pipes that may become useless because of laying of larger or other new services, or because water will no longer be used through them, must be permanently closed off at the water main at the expense of the owner of the premises, and so reported to the waterworks superintendent. No plumber or owner of property shall disconnect or remove water supply fixtures or piping from any premises served by city water or alter the same in such a way as to make the service connection unnecessary for the premises, without permanently closing off the connection at the water main and reporting the same to the waterworks department.

(b)    If a service pipe or connection which is not being used is found to be leaking, the waterworks department may without notice turn off the same, and charge the expense thereof to the owner of property for which the connection was made.

(Code 1987, 16-105)

15-205. EXTENSION OF MAINS.

The city may extend its mains within or without the city by construction or purchase, when applications have been made and agreement entered into by persons along the proposed extension that will produce a revenue in the judgment of the governing body sufficient to pay interest on the cost of the extension, and the operation cost of the service; provided, that the city may make extension within the city without applications having been made, if the condition of the waterworks fund will permit; and provided further, that the city may at its option require any proposed customer situated outside the city limits to whom it may decide to sell water to construct his or her own connection to a water main within the city limits at his or her own expense and to maintain it at his or her own expense. (Code 1987, 16-106)

15-206. SERVICE PIPES IN STREETS OR ALLEYS; MATERIAL.

Service pipes in streets or alleys where it will not be necessary to remove paving in excess of eight square feet for the installation or future repairing of same, must meet all requirements of the International Plumbing Code. (Code 2014)

15-207. FEES FOR NEW WATER SERVICE INSTALLATION.

(a)    For each residential new water service installation with a 5/8-inch meter the installation fee shall be $675.00. Each residential new water service installation with a one-inch meter, the installation fee shall be $1,120.

(b)    For each commercial new water service installation with a 5/8-inch meter, the installation fee shall be $675.00. For larger size meters the installation fee shall be a minimum of $675.00 per installation plus the cost incurred by the city for purchase of a larger sized meter plus parts.

(Code 1987, 16-108; Ord. 2022-02)

15-208. METERS; LOCATION AND INSTALLATION.

Meters shall be installed in a vertical position in a location protected from freezing and easily accessible for reading. When placed underground they must have an approved extension dial properly protected by a section of four inch soil pipe or be placed in vaults constructed of parts furnished by or approved by the waterworks department. Vaults and meters placed in vaults must be installed as directed by the waterworks department. (Code 1987, 16-109)

15-209. EXCAVATION IN STREETS.

No person or persons shall be permitted to make any excavation in any street or alley within the corporate limits of the city for the purpose of laying any pipes for water service, without first having secured a permit pursuant to Section 4-213 of this code, nor make any excavation in any street or alley within the city within six feet of any water pipe while the ground is frozen, or to dig up or uncover so as to expose to the frost any water pipe or sewer of the city except under the direction of the waterworks superintendent. And no person or persons shall leave any excavation made in any street or alley within the city open at any time without barricades, and during nights warning lights must be maintained at such excavation during all the time the same are open, or partially open, and when any excavations are made in any street or alley within the city, the streets, sidewalks and pavements must be restored to as good condition as they were previous to the making of the excavation by the parties making or causing same to be and made and should any person or persons leave any street, alley, sidewalk or pavement in a condition not as good as before such excavation was made, or should the work be improperly done, or the rubbish caused thereby not properly cleared away, the waterworks superintendent shall have the right to finish or correct the work, and the expense shall be charged to the consumer and/or contractor, and shall be paid by him or her before the water is turned on.

(Code 2014)

15-210. CUSTOMER TO KEEP EQUIPMENT IN CONDITION.

It shall be the duty of the customer to keep pipes, stop boxes, stop-cocks and other equipment (except meter as specified) in serviceable condition to prevent loss to the city or damage to the public, and upon failure of any customer to have repairs made promptly the water shall be cut off. (Code 1987, 16-111)

15-211. BREAKING SEALS.

It shall be unlawful for any person to break the seal of a meter, alter the register or mechanism of a meter, make outlets or connections in any manner so that water supplied by the waterworks department may be used or wasted without being supplied under the terms provided in this article.

(Ord. 1987, 16-112)

15-212. OWNERSHIP OF METERS.

Meters shall be furnished by the waterworks department and shall remain in the property of the city, and the waterworks department shall keep the meter in good repair unless damaged or injured for some cause other than natural wear and tear. If the meter is damaged by negligence, rough use, or any cause whatsoever other than by natural wear and tear, the customer shall be charged the amount of the repair and the amount shall be placed upon the water bill of the customer for the succeeding month and shall be collected with the bill and if not paid within the time provided for the payment of bills, the water shall be discontinued. (Code 1987, 16-113)

15-213. SERVICE CALLS.

Water users shall be assessed a charge of $5 for service calls not made during normal working hours. Normal working hours, for this purpose shall be deemed to be 8:00 a.m. through 5:00 p.m., Monday through Friday, except for legal holidays. (Code 1987, 16-114(a))

15-214. WATER SOLD BY METER MEASURE.

Water shall be sold by meter measure and the amount of water consumed shall be determined by a standard water meter, except under conditions as otherwise specified. (Code 1987, 16-115)

15-215. MISCELLANEOUS USES.

Contractors and others having use for water for construction of buildings and other improvements or other use shall make application to the City Clerk (or proper officer) for such service, and shall make such deposit as the waterworks superintendent may require, based upon the estimated use of water, and the city shall furnish a portable meter for metering the same, which meter shall be under the charge of and control of the water department only and such contractor or other person shall pay such charges for connection as the water superintendent may require. (Code 1987, 16-116)

15-216. SERVICE PIPE FOR EACH PROPERTY.

(a)    Each property to be supplied with water by the city shall have a separate water service installation; provided that a joint water service may be authorized when the property being serviced does not abut the street along which the water main is laid.

(b)    Any premises occupied as a duplex, apartment house or by other multiple dwelling units, or occupied in conjunction with a commercial building or other building and which receives water service from a single service shall pay the minimum water bill as for a domestic customer for each separate unit, unless provision is otherwise made by contract for such service.

(c)    Hotels, motels and trailer courts may receive service through a single installation and shall pay such water rates as may be provided for commercial users of water.

(d)    Separate water meters may be installed at the option of the city upon the request of the owner for each apartment or other domestic service unit.

(e)    The city will contract with only one of the several parties receiving service through a single installation (except where separate meters are installed for each service unit) and reserves the right to discontinue service for the failure of any such customer to pay the water bill when due or to abide by the regulations under which the service is supplied. (Code 1987, 16-117)

15-217. NOTICE TO DISCONTINUE SERVICE.

A customer shall give the waterworks department proper notice two days before the time he or she desires service to be discontinued; upon failure to give such notice, he or she shall be liable for the water registered by the meter or the minimum bill until such time as the notice is given.

(Code 1987, 16-119)

15-218. TERMINATION OF SERVICES.

(a)    Unpaid accounts will be delinquent at 5:00 p.m. on the 15th day of the month following the monthly billing, and a late charge will be assessed to all delinquent accounts totaling 10% of the account less sales tax. Partial payments of 50% or more of the total due shall be accepted, but shall not delay the cut-off or hearing procedures described herein. If the 15th day of the month is on a Saturday, Sunday, or legal holiday, the time to pay will be extended until the next business day.

(b)    The notice of delinquency shall inform the customer that the customer’s water bill is delinquent, that the customer has a right to make written application to the City Clerk for a hearing as to the delinquency up until 5:00 p.m. of the 5th day after the date of the notice, and that if the customer does not apply for a hearing by that date or does not pay the bill within 10 days from the date of the notice unless either of those dates shall be on a Saturday, Sunday, or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges; the customer’s water service shall be cut off.

(c)    If payment of the account in full has not been received by 5:00 p.m. on the tenth day from the date of the notice, unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges then said water service shall be terminated. A disconnect fee of $15.00 will be charged anytime said service is disconnected by the City. In order for said service to be reestablished all delinquent water bills, the disconnect fee, and a reconnect fee of an additional $15.00 shall be paid by said customer in advance before said service is restored by the City. (Ord. 2011-01; 2011-06; Code 2014)

15-219. LICENSED PLUMBER.

All service pipes on private property and all water piping in all premises shall be installed by a licensed plumber. Licensed plumbers shall not interfere in any way with service pipes installed by the waterworks department and shall not be permitted to turn water on or off at the service cock except for the purpose of testing their work, in which the case the service cock shall be left in the same condition and position as they found it. Any plumber called upon to shut off water and drain pipes in any premises shall do so inside the building only. (Ord. 2000-02, Sec. 1)

15-220. RESPONSIBILITY IN TURNING ON WATER.

In turning on water, the city or the waterworks department or the officers or employees thereof shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other cause. (Code 1987, 16-122)

15-221. UNNECESSARY USE.

Customers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. The city reserves the right to cut off the supply if unnecessary waste of water takes place. The city reserves the right to prohibit the use of water for yard sprinklers, elevators, and large consumers of water, and to restrict the use by domestic consumers when in the judgment of the governing body it is necessary because of inadequate supply of water or for other reasons. (Code 1987, 16-123)

15-222. STEAM BOILERS.

No steam boiler shall be directly connected to the service pipe, unless proper check valves are installed and safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where steam pressure may be raised in excess of 40 pounds per square inch. The owner shall make such provisions as may be required by the waterworks department before the water may be supplied to such an installation.

(Code 1987, 16-124)

15-223. COMMERCIAL RATES.

(a)    Commercial installations for water rate purposes shall be construed as any installation which shall be for other than domestic residential purposes.

(b)    All commercial installations shall be subject to a minimum charge for the first 2,000 gallons, which charge shall be determined based upon the size of the water meter. There shall be an additional charge for each 1,000 gallons or an portion thereof used above the minimum all according to the following schedule.

(c)    5/8 inch meter - $22.75

1 inch meter - $27.75

2 inch meter - $34.75.

(d)    For water usage by a commercial customer from 2,001 gallons to 10,000 gallons per month an additional $6.50 shall be charged for each 1,000 gallons or any portion thereof. For water usage from 10,001 gallons to 15,000 gallons an additional $6.25 per 1,000 gallons or any portion thereof shall be charged. For water usage of 15,001 gallons or more tin one month the charge shall be $6.00 per 1,000 gallons or any portion thereof.

(Ord. 2008-11; Code 2014)

15-224. CITY CLERK’S REPORT.

Once each calendar quarter the City Clerk shall render a report to the council of delinquent water bills from the previous calendar quarter which have remained unpaid for a period of 60 days or more after the date upon which they were billed. The council shall then fix a time, date and place for hearing the report and any objections or protests thereto. The clerk shall cause notice of the hearing to be mailed to the property owners listed on the report not less than 10 days prior to the date of the hearing. At the hearing the council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The council may make such provisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(Code 1987, 16-132A; Code 2008)

15-225. CITY SUPERINTENDENT; POWERS OF INSPECTION.

In the interests of public health and safety, the city superintendent, or his or her designee, shall have the power and duty to make such inspections as are necessary to insure that the municipal water supply is not being contaminated by any user.

(Code 1987, 16-133; Code 2008)

15-226. CONTAMINATION FOUND.

If the superintendent or his or her designee determines that a user’s water supply is contaminated, or may reasonably be contaminated, the superintendent shall cause the water supply to that residential or commercial outlet to be terminated until such time as the condition has been remedied. A written report of the superintendent’s action shall be furnished to the water user as soon as practicable in the manner specified by 15-221 of the city code. (Code 1987, 16-134)

15-227. RIGHT TO HEARING.

The user shall have a right to a hearing before the city council as to whether the superintendent has correctly determined that the water supply is, or may reasonably be, contaminated, but water service to the user shall remain terminated until the council may hear the dispute; and make its decision. The city shall not be liable for consequential damages from termination of water service as provided herein. (Code 1987, 16-135)

15-228. CONTAMINATION DEFINED.

Contamination shall be defined as a condition in a user’s water supply which is, or may be, dangerous to the health of other water users in the city. A cross-connection shall be deemed to be in and of itself, a contaminated condition, unless a permit for the cross-connection has been obtained from the State Board of Health. (Code 1987, 16-136)

15-229. PURCHASES OF WATER.

(a)    Application. Anyone wishing to make a large isolated purchase of water from the city for a purpose such as filling a swimming pool shall make application to the City Clerk, and at that time, shall pay a $40 service charge.

(b)    Procedure. The City Clerk shall notify the fire department or city superintendent of the receipt of the application. If the fire department conducts the transferral of water, $20.00 of the service charge shall be delivered to the fire department, with the balance remaining in the general fund. If the city superintendent or employees under his or her jurisdiction conduct the water transfer, the entire $40 shall remain in the general fund.

(c)    Date of Services. The city shall deliver such water only during a regular work day, and may require up to three working days’ notice before making the transfer.

(Ord. 845, Sec. 1:3)