Code 17

 

                                                     CHAPTER XVII.  UTILITIES

 

 

                                                Article 1.  Electric Service

                                                Article 2.  Water Service

                                                Article 3.  Water Conservation

                                                Article 4.  Cross-Connections

 

 

                                                    __________________________

 

                                                ARTICLE 1. ELECTRIC SERVICE

 

            17-101.  DEFINITIONS.  For the purposes of this article, the following rules of construction and definitions shall apply.

            (a)  The word city refers to the City of Hugoton, Kansas.

            (b)  The words shall and will are mandatory.

            (c)  ASHRAE refers to the American Society of Heating, Refrigerating and Air-conditioning Engineers, Inc., of New York, New York.        

            (d)  BTUs means British Thermal Units.

            (e)  EER means Energy Efficiency Ratio, the ratio of net cooling capacity in BTUs/hr. to total electric input in watts.

            (f)  Heated space shall mean that space within a building which is provided with a positive heat supply having a connected output capacity in excess of 10 BTUs/hr. per square foot.

            (g)  New commercial building shall mean any building used to provide, at wholesale or retail, storage, services, supplies, goods or products to the public, other than a building used for the purpose of manufacturing raw material into a finished product, but shall not be construed to apply to any such building whose foundation has been completed by the effective date of Ordinance No. 475.  (Ord. 475, Sec. 1)

 

            17-102.  SAME.  (a)  New residential dwelling shall mean all new hotels, motels, apartment houses, lodging houses, private homes and other residential dwellings.  This definition shall apply to buildings of mixed occupancy.

            (b)  Owner shall mean a person, as defined herein, holding legal title to the residential dwelling or commercial building.

            (c)  Person shall mean any individual, individuals, corporation, partnership, unincorporated association or other business organization, committee, board, trustee, receiver or agent.

            (d)  City utility shall mean the electric system operated by the city.  (Ord. 475, Sec. 1)

 

            17-103.  CERTIFICATE OF COMPLIANCE.  No connections or attachments of service to new residential dwellings or new commercial buildings shall be made by a city utility until such utility has received a certificate of compliance from the owner that the residential dwelling or commercial building meets the standards set forth in sections 17-104 and 17-105.  Such certificate of compliance shall include supporting statements from the architect and/or contractor, if either or both such persons were employed in the design and construction of the new residential dwelling or new commercial building.  Receipt by the city utility of such certificate of compliance shall be required for permanent utility service.  (Ord. 475, Sec. 2)

 

            17-104.  STANDARDS.  Certificates of compliance required by section 17-103 of this article shall certify that the following heating and cooling standards have been met where applicable:

            (a)  New residential dwellings shall be constructed so the total heat loss, based on the ASHRAE Handbook of Fundamentals does not exceed 35 BTUs per square foot per hour of heated floor area of finished living space, at a design temperature differential of 80 degrees Fahrenheit with a maximum of 1 1/2 air changes per hour.

            (b)  New commercial buildings shall be constructed so heat transmission loss of heated areas, based on the ASHRAE Handbook of Fundamentals, does not exceed 35 BTUs per square foot per hour of floor area based on a design temperature differential of 80 degrees Fahrenheit.  (Ord. 475, Sec. 3)

 

            17-105.  SAME.  (a)  The EER of all air conditioners in new residential dwellings and new commercial buildings on and after the effective date of this ordinance shall be not less than 7.0; the EER of heat pumps in such structures shall be not less than 6.7.

            (b)  The EER of all air conditioners in new residential dwellings and new commercial buildings shall be not less than 8.0.  The EER of heat pumps in such structures shall be not less than 7.5.

            (c)  In the case of a new residential dwelling or new commercial building which is heated and/or cooled in only a portion of the structure, the requirements of this section shall apply only to the heated and/or cooled portion of the structure.  (Ord. 475, Sec. 3)

 

            17-106.  ELECTRIC SERVICE WIRING UNDER CONTROL OF CITY.  The city shall have charge of all wiring and wire up to and including meters from main lines.  All power lines in the alleys and on streets shall be under the jurisdiction of the city's authorized agent.  It shall be unlawful for any person to manipulate any wire or wiring from house service entrance to main line or any main line without order from the superintendent of utilities.  (Code 1971, 16-201)

 

            17-107.  WIRING STANDARDS.  All wiring used for electric current whether in buildings or otherwise within the city shall be done and constructed in compliance with standard requirements of the National Electrical Code for electric wiring and apparatus and the electrical code of the city.  (Code 1971, 16-202)

 

            Ref.:  For the incorporation of the National Electrical Code see section 4-301 of this code.

 

            17-108.  SEPARATE ELECTRIC SERVICE; EXCEPTIONS.  It shall be unlawful for any person to connect more than one residence or place of business to the same electric line without having the individual residence or business property metered by separate meters, or without first having secured consent of the superintendent of municipal utilities.  The owners of apartment houses, trailer house camps or parks, or other multiple residence units shall have the option of receiving electric service metered by separate meter for each apartment, trailer house, or unit at the domestic rates for electric service or of receiving such service available at rates for commercial service through one meter after having secured the consent of the superintendent of municipal utilities.  Any service connection or connections shall be made by a licensed electrician at the cost of the owner.  The city will extend the service drop and furnish the meter box or boxes at its expense and will furnish meters for such services upon deposit of a sum to secure payment of the monthly bill as provided by rules of the department but in no event less than $75 for mobile homes or $50 for standard residences.  (Code 1971, 16-203)

 

            17-109.  METERS.  The city shall have access to all meters at all reasonable hours.  Each individual meter reading will be the basis of charge regardless of the number of meters.  (Code 1971, 16-204)

 

                                            ELECTRIC SERVICE RATE SCHEDULES

                    Schedule R-2001.  City Residential - Lighting and General Appliance Service.

 

            17-110.  ELECTRIC SERVICE; AVAILABILITY.  (a)  All territory serviced by the City of Hugoton.  For all electrical service supplied to one (1) metering point, and to be used exclusively for domestic purposes.  Service is for exclusive use of the customer, and is not to be resold or shared with others.

            (b)  Where two (2) or more dwelling units such as duplexes, apartments, and mobile homes, each having separate kitchen facilities, are served through one (1) meter, Schedule R-2001 may be applied by multiplying the KWH blocks by number of dwelling units served, or at the option of the City, Schedule CSP-2001 will be applied.

            (c)  Where more than four (4) rooms in a residence are rented, or are available for rent, such residences shall be considered as commercial rooming houses and billed on Schedule CSP-2001.

            (d)  Residential Schedule R-2001 is not available to residential premises used for commercial purposes; however, if the customer's wiring is so arranged that electric service for domestic and non-domestic purposes can be metered separately, then Schedule R-2001 applies to that portion used for domestic purposes.  (Ord. 693, Sec. 1)

 

            17-111.  SAME; CHARACTER OF SERVICE.  Alternating current, single phase, approximately 60 cycles, and at voltage the City has available for services required.  (Ord. 693, Sec. 1)

 

            17-112.  SAME; RATE SCHEDULE-Inside city limits. 

            (a)  Customer Charge:  Seven dollars and 80 cents ($7.80) per month.

            (b)  Monthly Rate:

            9.3 cents per KWH for the first - 800 KWH;

            8.7 cents  per KWH for all over - 800 KWH;

           

            (Ord. 693, Sec. 1)

 

           

17.113.  SAME; RATE SCHEDULE-Outside city limits.

            (a).  Customer Charge:  Seven dollars and 80 cents ($7.80) per month

            (b).  Monthly Rate:

            10.3 cents per KWH for the first - 800 KWH;

            9.7 cents per KWH for all over - 800 KWH;

                        

            (Ord. 693, Sec. 1)

 

            Schedule CSP-2001.  Commercial and Small Power Service.

 

            17-114.  COMMERCIAL AND SMALL POWER SERVICE; AVAILABILITY.  All territory served by the City of Hugoton.  For electric service supplied by one (1) customer through one (1) meter.  Service to customer at one location may, at the option of the City, be measured by more than one meter, in which case the readings of the several meters shall be combined for billing purposes.  Service is for exclusive use of customer, and is not to be resold or shared with others.  (Ord. 693, Sec. 1)

 

            17-115.  SAME; CHARACTER OF SERVICE.  Alternating current, approximately 60 cycles, single phase or three phase, 120/240 volts, 4-wire delta, 120/208 volts, 4-wire wye, 240 volts, 3-wire delta, or at the voltage and phase the City has available for service required.  (Ord. 693, Sec. 1)

 

            17-116.  SAME; RATE SCHEDULE-Inside city limits.

             (a)  Customer Charge: Fifteen dollars and 50 cents ($15.50) per month.

            (b)  Monthly Rate:

            10.7 cents per KWH for the first 3,000 KWH;

            9.7 cents per KWH for the next 37,000 KWH;

            9.2 cents per KWH for all over 40,000 KWH;

           

(Ord. 693, Sec. 1)

 

            17-117. SAME; RATE SCHEDULE-Outside city limits.

            (a)  Customer Charge:  Fifteen dollars and 50 cents ($15.50) per month.

            (b)  Monthly Rate:

            11.7 cents per KWH for the first - 3,000 KWH

            10.7 cents per KWH for the next - 37,000 KWH

            10.2 cents per KWH for all over - 40,000 KWH

           

(Ord 693, Sec. 1)

 

            Schedule AEH-2001.  All Electric Home.

 

            17-118.  ALL ELECTRIC HOME; AVAILABILITY.  (a)  All territory served by the City of Hugoton.  For all electric service supplied to one (1) customer through one (1) metering point and to be used exclusively for residential purposes.  To qualify as an All Electric Home, electricity shall be the only source of energy at the service location and the customer's connected heating load shall be permanently installed and regularly used for all space heating requirements.  Service is for exclusive use of customer, and is not to be resold or shared with others.

            (b)  Application of Schedule AEH-2001 is at the option and responsibility of the customer.  The customer shall notify the city that he or she is a bona fide All Electric Home Customer, and after inspection, Schedule AEH-2001 shall be applied on the next regular billing period.

            (c)  Each dwelling unit meeting the requirements of the Schedule AEH-2001 shall be served through one (1) meter.

            (d)  Residential Schedule AEH-2001 is not available to residential premises used for commercial purposes; however, if the customer's wiring is so arranged that electric service for residential and non-residential purposes can be metered separately, then Schedule AEH-2001 applies to that portion used for residential purposes.  (Ord. 693, Sec. 1)

 

            17-119.  SAME; CHARACTER OF SERVICE.  Alternating current, single phase, approximately 60 cycles, and at voltage the City has available for service required.  (Ord. 693, Sec. 1)

 

            17-120.  SAME; RATE SCHEDULE-Inside city limits 

            (a)  Customer Charge:  Seven dollars and 80 cents ($7.80) per month.

            In the event the customer orders a disconnection and reconnection of electric service at the same premises within a period of twelve (12) months, the City may collect as a reconnection charge the sum of such minimum bills as would have accrued during period of disconnection.

            (b)  Monthly Rates:

            8.7 cents per KWH for the first - 800 KWH;

            8.2 cents per KWH for all over - 800 KWH;

           

(Ord. 693, Sec. 1)

 

            17-121. RATE SCHEDULE-Outside city limits.

            (a)  Customer Charge: Seven dollars and 80 cents ($7.80) per month.

            In the event that customer orders a disconnection and reconnection of electric service at the same premises within a period of twelve (12) months, the City may collect as a reconnection charge the sum of such minimum bills as would have accrued during period of disconnection.

            (b)  Monthly Rate:

            9.7 cents per KWH for the first - 800 KWH

            9.2 cents per KWH for all over - 800 KWH

 

 

(Ord. 693, Sec. 1)

 

            17-122.  NEW OR EXPANDING INDUSTRIAL CUSTOMERS AVAILABILITY.  (a)  All territory served by the city.  For all electric service supplied to one customer through one metering point, and whose minimum energy consumption must be greater than 30,000 KWH of electricity per month, but whose billing demand is not over 500 KW per month.

            (b)  Rate schedule GSI-2001 shall only be available to new industrial customers, or to existing industrial customers who have completed a substantial plant expansion program, and whose initial or expanded employment is not less than 15 fulltime employees.       

            (c)  Rate schedule GSI-2001 shall be effective for the first 24 months after the city approves the customer's application for service under rate schedule GSI-2001.  Existing industrial customers qualifying for this rate shall be billed at their current rate and receive a refund at the end of 12 months based on the increased capacity (KW) and energy (KWH) for the 12 month period immediately preceding the date eligibility is approved for GSI-2001.  Electric rate schedule GSI-2001 shall automatically expire after 24 monthly billings and customer charges shall be based on monthly utility billings under the appropriate rate schedule.

            (d)  An industrial customer is defined as one who creates economic wealth through a manufacturing process.  (Ord. 693, Sec. 1)

 

            17-123.  SAME; CHARACTER OF SERVICE.  Alternating current, approximately 60 cycles, single phase or three phase, 120/240 volts, 4-wire delta, 120/208 volts, 4-wire wye, 240 volts, 3-wire delta, or at the voltage and phase the city has available for service required.  (Ord. 693, Sec. 1)

 

 

            17-124.  SAME; RATE SCHEDULE.  Subject to the requirements of section 17-122, the customer will be charged at the rate of 6.5 cents per KWH.  (Ord. 693, Sec. 1)

 

            17-125.  ELECTRIC BILL DUE MONTHLY; FAILURE TO PAY, PENALTY.  All electric current bills will be due on or before the 15th day of each calendar month, and will be payable to the city clerk.  All bills not paid on or before the 15th day of each calendar month shall be subject to a penalty of 10 percent.  All bills not paid on or before the 25th day of each calendar month shall be deemed a refusal to pay and such electric service shall be cut off subject to notice and hearing as provided in sections 17-210:211.  Electric service shall not be reconnected until all back bills and a reconnection fee of $25.00 has been paid. (Ord. 693, Sec. 1)

 

            17-126.  RESTORATION OF SERVICE.  Whenever electrical service has been terminated pursuant to section 17-125 for failure to pay the bill, service shall not be restored until all delinquent charges, including any penalty, shall have been paid.  In addition to such charges, the customer shall also pay a $25 fee for reconnecting the service.  (Code 1983)     (Ord. 693, Sec. 1)

 

            17-127.  TAMPERING WITH METER UNLAWFUL.  It shall be unlawful for any

 person to break the seal of any electric meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that the use of electricity supplied by the city is not accurately metered.  Upon a first conviction for violation of this section a person shall be fined $25.  Upon a second conviction a person shall be fined $50.  A third or subsequent conviction shall result in a fine of $100.  (Code 1983)

 

 

                                                   ARTICLE 2. WATER SERVICE

 

            17-201.  WATER SERVICE UNDER CONTROL OF CITY.  Water service to the water users of the city shall be governed as follows:

            (a)  The city shall have charge of the water pipes in streets and up to property lines, and all valves shall be under direct charge of the superintendent of municipal utilities.  It shall be unlawful for any person to manipulate any valve in the city waterlines without orders from the superintendent of municipal utilities.

            (b)  Any premises may be connected to the city water main upon application to the city clerk and approval of the superintendent of municipal utilities on the payment of a connection fee of not less than the actual cost of the materials and labor required for making such connection plus the sum of $25, with a minimum connection fee of not less than $250.  The connection fee shall be paid to the city at the time the first monthly water bill is paid by the customer residing on the premises so connected.

            (c)  The city shall tap the water main and supply all materials and labor for the installation of a standard water service connection and shall run a service pipe to the property line, furnish and set a water meter and enclose and cover the same.  The city expressly retains the title to the ownership of the water service connection, the water meter, and all service equipment used in connection with the supply of water to any premises or buildings within the city.  All such customers and all other property owners, whose premises are connected to the city water mains shall at their own expense repair, replace or remove all water service lines owned by them or located on their own premises as may be required by the city in order to prevent loss or damage to the public at large.  (Ord. 633, Sec. 1)

 

            17-202.  SEPARATE WATER SERVICE; EXCEPTIONS.  It shall be unlawful for any person to connect more than one individual residence or place of business to the same waterline of the city without having individual residences or places of business properly metered by separate meter unless the consent of the governing body is first obtained in writing.  (Ord. 633, Sec. 1)

 

            17-203.  METERS.  The city shall have access to all meters at all reasonable hours.  Each individual meter reading will be the basis of charge regardless of the number of meters.  (Ord. 633, Sec. 1)

 

            17-204.  UNDERGROUND WATER PIPES.  All water pipes placed underground on city property shall be of soft drawn copper, commonly known as Type K, Mueller, Chase or equal.  Any customer may use approved PVC pipe.  All piping from outside water services to outside hose bibs shall be no smaller than three quarters inch.  (Ord. 633, Sec. 1)

 

            17-205.  WATER; AVAILABILITY.  (a)  All territory within the city limits of Hugoton and all territory served by the city.  Service is for the exclusive use of the customer and is not to be resold or shared with others.  The service connections and rates set forth herein shall be applicable to all territory served by the city except that territory specifically described in section 17-207 following.

            (b)  Wherever water service is desired outside the city limits of Hugoton, the city shall tap the water main and supply all materials and labor for the installation of a standard water service connection.  The service connection and meter installation shall be made by the city and paid for by the customer.  (Ord. 633, Sec. 1)

 

            17-206.  SAME; RATE SCHEDULE; CITY.  (a)  Minimum charge within the City:

$6 per month on meters less than one and one-half inch; $9.00 per month on meters one and one-half inch but less than two inches; and $12 per month on meters two inches but less than three inches; $18 per month on meters three inches but less than four inches; $24 per month on meters four inches or larger, for which the customer may use up to 2,000 gallons.

            (b)  Monthly rate for all services:

            60˘ per 1,000 gal. for the next 8,000 gallons above the monthly minimum;

            52˘ per 1,000 gal. for the next 40,000 gallons;

            49˘ per 1,000 gal. for the next 50,000 gallons;

            56˘ per 1,000 gal. for all over 100,000 gallons.

            (c)  Bulk water rate:

            All water sold at the city loading docks shall be at the rate of $2 per 1,000 gallons.  (Ord. 633, Sec. 1)

 

            17-206a.  WATER IMPROVEMENT ASSESSMENT CHARGE.  (a)  A monthly assessment in the amount of $10.00 shall be added to all customer accounts, and shall be in addition to the monthly minimum water rates specified in Sections 17-206 and 17-208.

            (b)  The City Clerk is given discretion to waive the assessment fee for residential customers who have more than one water service account for the same physical location. In such instance, the customer shall only be assessed for a maximum of $10.00 per month for such multiple accounts serving the same physical location.

 

            17-207.  WATER; AVAILABILITY, OUTSIDE CITY.  (a)  All that territory lying outside the city limits of Hugoton served by the city within an area described as follows:

            The Northwest Quarter (NW/4) of Section 22, Township 33 South, Range 37 West of the 6th P.M., Stevens County, Kansas and any territory adjacent to said NW/4 of Section 22-33-37 and tapping the water mains which serve that quarter.            Each water service is to be supplied to one customer through one metering point.  Service is for exclusive use of customer and is not to be resold or shared with others.  Wherever customer service is desired within the territory herein described, the city shall tap the water main and supply all materials and labor for the installation of a standard water service connection.  The service connection and meter installation shall be made by the city and paid for by the customer.  Copper or PVC schedule 40 or better, water lines shall be required to be installed under any surfaced road.  All water lines installed within the territory herein described shall be installed according to city specifications.

            (b)  Connection charge:

            The customer shall pay the following charge for connecting to the water system, which shall include all labor, material and equipment to the outlet side of the water meter.  The water meter shall be installed adjacent to the customer's property line on the street side.  The connection charges have been set to allow the city to recoup their costs of extending the water main, however, the city shall not extend the water main outside the boundaries of the NW/4 of Section 22-33-37.

                         Size of                                                             Connection

                        Connection                                                       Charge

                        3/4"                                                                  $1,300

                        1"                                                                     $1,800

                        1 1/2"                                                               $2,050

                        2"                                                                     $2,300

            Before water service is made available, the connection charge shall be paid in full.  (Ord. 633, Sec. 1)

 

            17-208.  SAME; RATES OUTSIDE CITY.  The following rates shall apply to all territory described in section 17-207 as well as all other territory served outside the city limits.  Minimum water rates outside the city limits shall be $12 per month on meters less than one and one-half inch; $18 per month on meters one and one-half inch, but less than two inches; and $24 per month on meters two inches, but less than three inches; $36 per month on meters three inches but less than four inches; $48 per month on meters four inches or larger.  Connection fees shall be the actual cost, plus $50, with a minimum connection fee of $300.

            60˘ per 1,000 gal. for the next 8,000 gallons above the monthly minimum;

            52˘ per 1,000 gal. for the next 40,000 gallons;

            49˘ per 1,000 gal. for the next 50,000 gallons;

            56˘ per 1,000 gal. for all over 100,000 gallons.

(Ord. 633, Sec. 1)

 

            17-209.  WATER BILL DUE MONTHLY; FAILURE TO PAY.  All water bills will be due on or before the 15th day of each calendar month, and will be payable to the city clerk.  All bills not paid on or before the 15th day of each calendar month shall be subject to a penalty of 10 percent.  All bills not paid on or before the 25th day of each calendar month shall be deemed a refusal to pay and the water service shall be cut off and not reconnected until all back bills, penalties and fees have been paid in accordance with the notice and hearing provisions of sections 17-210:211.  (Ord. 633, Sec. 1)

 

            17-210.  SAME:  NOTICE; HEARING.  Before any water service shall be terminated for failure to pay the bill as provided in section 17-209, the city clerk shall give the customer a five-day written notice by regular mail of the city's intention to terminate water service.  Such notice shall inform the customer of his or her right to request a hearing to show cause why water service should not be terminated.  (Ord. 633, Sec. 1)

 

            17-211.  SAME; APPEAL.  (a)  If within the five-day period for notice, set out in section 17-210, the customer requests a hearing, the city clerk shall give the customer a three-day notice of the time and date of the hearing.

            (b)  There is hereby established a hearing body for the City of Hugoton, created for the purpose of conducting hearings concerning utility service terminations.  The hearing body shall be comprised of three members, one of whom shall be an elected member of the governing body and two of whom shall be residents of the city who are not officers or employees of the city.  The mayor shall appoint the members of the hearing body, with the consent of the governing body.  Members shall serve one-year terms and hold such meetings as are necessary.  A quorum of two members shall be necessary to conduct a hearing.  All hearings conducted by the body shall be on the record.

            (c)  Following the hearing, the hearing body, if it shall find that service should be terminated, shall so order and service shall be terminated three days from the date of such order.  The customer shall be notified in person, posting notice on the premises or by mail, unless such order is made at the hearing in the presence of the customer.  The hearing body may, for good cause shown, extend the termination date up to 10 days from the date of the order.

            (d)  If the hearing body shall determine that termination of service will cause an undue hardship, it shall recommend to the governing body that reasonable terms be approved for the payment of such delinquent bill.  (Ord. 633, Sec. 1)

 

            17-212.  RESTORATION OF SERVICE.  Whenever water service has been terminated for failure to pay the bill, service shall not be restored until all delinquent charges, including any penalty shall have been paid.  In addition to such charges, the customer also shall pay a $5 fee for reconnecting the service.  (Ord. 633, Sec. 1)

 

            17-213.  PENALTY.  Any person violating any of the provisions hereof or any person failing, neglecting, omitting, resisting or refusing to comply with any of the conditions of this article shall, upon conviction thereof, be fined in the sum of not less than $5 nor more than $50 for each offense.  Each day's failure, neglect and refusal to comply with the conditions of this article shall be deemed a separate and distinct offense and punishable as in other cases.  (Ord. 633, Sec. 1)

 

 

                                           ARTICLE 3. WATER CONSERVATION

 

            17-301.  PURPOSE.  The purpose of this ordinance is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared.  (Ord. 668, Sec. 1)

 

            17-302.  DEFINITIONS. 

            (a)  “Water”, as the term used in this ordinance, shall mean water available to the City of Hugoton for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.

            (b)  “Customer” as the term is used in this ordinance, shall mean the customer of record using water for any purpose from the City's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.

            (c)  “Waste of water,” as the term is used in this ordinance, includes, but is not limited to: (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.

            (d)  The following class of uses of water are established:

            Class 1:

            Water used for outdoor watering, either public or private, for gardens, lawns,

            trees, shrubs, plants, parks, golf courses, playing fields, swimming pools

            or other recreational areas; or the washing of motor vehicles, boats, trailers,

            or the exterior of any building or structure.

            Class 2:

            Water used for any commercial or industrial, including agricultural,

            purposes; except water actually necessary to maintain the health and

            personal hygiene of bona fide employees while such employees are

            engaged in the performance of their duties at their place of employment.

            Class 3:

            Domestic usage, other than that which would be included in either classes 1 or 2.

           

Class 4:

            Water necessary only to sustain human life and the lives of domestic

            pets and maintain standards of hygiene and sanitation.  (Ord. 668, Sec. 2)

 

            17-303.  DECLARATION OF WATER WATCH.  Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper. (Ord. 668, Sec. 3)

 

            17-304. DECLARATION OF WATER WARNING.  Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. (Ord. 668, Sec. 4)

 

            17-305. DECLARATION OF A WATER EMERGENCY.  Whenever the governing body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency.  Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended.  The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper.  (Ord. 668, Sec. 5)

 

            17-306.  VOLUNTARY CONSERVATION MEASURES.  Upon the declaration of a water  watch or water warning as provided in Sections 3 and 4, the mayor (or the city clerk) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses, including but not limited to, limitations on the following uses:

            (a)  Sprinkling of water on lawns, shrubs or trees (including golf courses).

            (b)  Washing of automobiles.

            (c)  Use of water in swimming pools, fountains.

            (d)  Waste of water.  (Ord. 668, Sec. 6)

 

            17-307.  MANDATORY CONSERVATION MEASURES.  Upon the declaration of a water supply emergency as provided in section 17-305, the mayor (or the city clerk) is also authorized to implement certain mandatory water conservation measures, including but not limited to the following:

            (a)  Suspension of new connections to the City's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency;

            (b)  Restrictions on the uses of water in one or more classes of water use, wholly or in part;

            (c)  Restrictions on the sales of water at coin-operated facilities or sites;

            (d)  The imposition of water rationing bases on any reasonable formula including, but not limited to the percentage of normal use and per capita or per consumer restrictions;

            (e)  Complete or partial bans on the waste of water; and

            (f)  Any combination of the foregoing measures.  (Ord. 668, Sec. 7)

 

            17-308.  EMERGENCY WATER RATES.  Upon the declaration of a water supply emergency as provided in section 17-305, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies.  Such emergency rates may provide for, but are not limited to:

            (a)  higher charges for increasing usage per unit of use (increasing block rates);

            (b)  uniform charges for water usage per unit of use (uniform unit rate); or

            (c)  extra charges in excess of a specified level of water use (excess demand surcharge).  (Ord. 668, Sec. 8)

 

            17-309.  REGULATIONS.  During the effective period of any water supply emergency as provided for in section 17-305, the mayor (or city clerk or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance.  Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.  (Ord. 668, Sec. 9)

 

            17-310.  VIOLATIONS, DISCONNECTIONS AND PENALTIES.  (a)  If the mayor, city clerk, water superintendent, or other city officials or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to sections 17-307 or 17-309, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice.  Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances.  If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:

            (1)  The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body;

            (2)  If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

            (3)  The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

            (b)  A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a).  In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.

            (c)  Violations of this article shall be a municipal offense and may be prosecuted in Municipal Court.  Any person so charged and found guilty in Municipal Court of violating the provisions of this article shall be guilty of a municipal offense.  Each day's violation shall constitute a separate offense.  The penalty for an initial violation shall be a mandatory fine of $100.  The penalty for a second or subsequent conviction shall be a mandatory fine of $200. (Ord. 668, Sec. 10)

 

            17-311.  EMERGENCY TERMINATION.  Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service as required to protect the health and safety of the public.  (Ord. 668, Sec. 11)

 

            17-312.  SEVERABILITY.  If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the article and its applicability to other persons and circumstances shall not be affected thereby. (Ord. 668, Sec. 12)

 

 

                                             ARTICLE 4. CROSS-CONNECTIONS

 

            17-401.  PURPOSE.  The purpose of this article 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 and to prevent future cross connections.  (Ord. 566, Sec. 1)

 

            17-402.  DEFINITION.  A cross connection is a connection or arrangement of piping or other fixtures through which backflow of questionable quality water, waste, or other contaminants may enter the public water supply system due to reversal of flow.  The improper backflow may occur from either backpressure or backsiphonage.  (Ord. 566, Sec. 2)

 

            17-403.  CROSS CONNECTION 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/or distributing system of the city, or any source of contamination may enter the public water supply of the city, unless such method of connection has been specifically approved by the governing body of the city and by the Kansas Department of Health and Environment.  (Ord. 566, Sec. 3)

 

            17-404.  PROTECTIVE BACKFLOW DEVICES REQUIRED.  Approved devices to protect against backflow or backsiphonage shall be installed 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 be pulled into the potable water supply piping following a reduction in pressure in the city piping.  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 superintendent.  (Ord. 566, Sec. 4)

 

            17-405.  INSPECTION.  The city utility superintendent or other designee of the governing body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her 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.  (Ord. 566, Sec. 5)

 

            17-406.  PROTECTION FROM CONTAMINANTS.  Pursuant to the city's constitutional home rule authority and K.S.A. 65-163a, the city by its utility superintendent 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 city utility superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the superintendent, an emergency danger of pollution to the potable water of the city.  (Ord. 566, Sec. 6)

 

            17-407.  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 Hugoton, Kansas Public Water Supply."  No fewer than three copies of the manual shall be marked or stamped, "Official Copy as Adopted by Ordinance No. 566," and to which shall be attached a copy of Ordinance No. 566, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.  (Ord. 566, Sec. 7)

 

            17-408.  HERBICIDES, ETC.  (a)  No person shall spray a herbicide, insecticide, etc., by using a sprayer with a hose adaptor, or by chemical injection method into any lawn sprinkler system, which is connected to the public water system of the city, unless there is a backflow valve that will prevent the herbicide, insecticide, etc., from entering the public water supply system.

            (b)  Due to the potential hazard of chemical contamination to the public water supply system, a violation of this section may result in the termination of water service until such cross connections or backsiphonage conditions have been corrected to the satisfaction of the city utility superintendent; in addition, the city utility superintendent may file a complaint in the municipal court of the city against such person for a violation of this section and upon conviction shall be punished by a fine of not less than $250 nor more than $1,000 for each offense.  For purposes of this section, a separate offense shall be deemed committed on each day such condition exists.  (Ord. 566, Sec. 8)

 

 

 

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