The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body.
(Code 2006)
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 2006)
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 2006)
(a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near public water mains, is hereby required at his or her own expense to make connection to such public water main.
(b) 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.
(Code 2006)
(a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.
(b) The application shall:
(1) Contain an exact description including street address of the property to be served;
(2) State the size of tap required;
(3) State the size and kind of service pipe to be used;
(4) State the full name of the owner of the premises to be served;
(5) State the purpose for which the water is to be used;
(6) State any other pertinent information required by the city clerk;
(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207.
(Code 2006)
All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only.
(Code 2006)
The fees for connection to the city waterworks system shall be as follows:
(a) For connecting water main with three-fourths inch tap, three-fourths inch service line and installing three-fourths inch meter - not over 20 feet - $150.00 plus tax.
(b) For connecting water main with a one inch tap, one inch service line and installing one inch meter - not over 20 feet - $175.00 plus tax.
(c) For connecting water main with a two inch tap, two inch service line and installing two inch meter - not over 20 feet - $500.00.
(d) For connecting water main to any line and meter over two inches - not over 20 feet - cost plus 10 percent.
(Code 2006)
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 2006)
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 2006)
It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body.
(Code 2006)
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 distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body.
(Code 2006)
Approved devices to protect against back flow or back siphonage shall be installed at all fixtures and equipment where back flow and/or back siphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply. 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 back siphonage of polluted water into the system shall be improper and must be protected by approved back flow preventive valves and systems as determined by the superintendent.
(Code 2006)
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.
(Code 2006)
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 contamination to the public water supply.
(Code 2006)
(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 property line.
(Code 2006)
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 $10 will be made to the customer.
(Code 2006)
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 2006)
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 2006)
The governing body shall establish, by ordinance, a water service disconnection and reconnection charge. Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer’s final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge.
(Code 2006)
The fee required in Section 15-219 shall be $25 for each re-connection. This fee shall be waived upon a showing that disconnection and re-connection were required for maintenance or repair of the plumbing system.
(Ord. 952; Code 2023)
At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service.
(Code 2006)
The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.
(Code 2006)
It shall be a violation of this article for any unauthorized person to:
(a) Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond a private property line unless such person is employed by the city;
(b) Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;
(c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city.
(Code 2006)
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 2006)
The city reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the governing body determines the public exigency so requires.
(Code 2006)
Water rates and service charges shall be made monthly for water furnished to consumers through each separate meter by the city as follows:
(a) First 2,500 gallons or less - $34.00 minimum.
(b) 2,501 gallons to 12,500 gallons - $5.80 per 1,000 gallons.
(c) 12,501 gallons to 50,000 gallons - $6.30 per 1,000 gallons.
(d) Over 50,000 gallons - $6.80 per 1,000 gallons.
(e) Users outside the city limits of the City of Downs, Kansas - an additional $22.00 minimum per monthly period.
(Ord. 1004; Code 2023; Ord. 1016)
In the event a proclamation of emergency is issued, water usage will be restricted or prohibited first for uses in the following priority:
(a) Water lawns, gardens, trees, shrubs, plants and water outside dwellings for such purposes as car, boat, or trailer washing or washing exterior of dwellings;
(b) Industrial uses of water, including but not limited to car wash operations and packing plant operations;
(c) Business use, other than industrial;
(d) Home uses other than those set forth in subsection (a).
(Code 2006)
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 2006)
Bills are payable at the City Hall by the 15th of the month or a penalty will be added. Late payment charges will be assessed to delinquent bills after the 15th day of the month of the billing and shall be subject to a $10 penalty. Provided, however, all bills postmarked the 15th of the month will be honored without penalty and all payments received by 8:30 a.m. of the following working day in the night depository will be honored without penalty.
(a) Grace period. In the event that the 15th of the month falls on a weekend or holiday, a grace period will be given until 8:30 a.m. of the following working day. All bills postmarked the date of the first working day will be honored without penalty. All payments received after these deadlines will be penalized.
(b) Shut off Grace Period. In the event that the 10th day after the penalty period is on a weekend or Holiday, a grace period will be given until 8:30 a.m. of the next working day.
(Code 2006; Code 2023)
Delinquent charges are assessed and letters are printed and mailed the next business day following the penalty date. Customers have 10 days to pay before disconnection fees and notices are assessed. On the 10th day at 8:30 a.m. following delinquent notice, water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. A reconnection fee of $25 will be assessed and must be paid before services are resumed.
(Code 2006; Code 2023)
All consumers shall keep their own service pipes, stop cocks and boxes and apparatus in good repair and protected from freezing at their own expense, and shall prevent all unnecessary waste of water; and it is expressly stipulated that no claim be made against the city by reason of the breaking and leaking of any service pipe or service cock.
(Code 2006)
In all cases where water is to be supplied to more than one business unit, or to several parties, or tenants from one connection where the water supply is controlled by one meter, the minimum fee shall be collected for each consumer or water user. The owner of the premises shall be responsible for payment of the water bill.
(Code 2006)
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 2023)