The rules and regulations hereinafter set forth shall constitute and be considered a part of this contract with every person and company, firm or corporation supplied with water from the municipal water system of the City. Every person, company, firm or corporation, hereinafter sometimes called “consumer”, who accepts and utilizes water or requests the use of water shall be held to have consented to be bound hereby.
(Ord. 95-5; Code 2021)
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, and power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers. The City does not guarantee any specific water pressure for its services. The City shall not be liable for any damages done or accidents due to the lack of pressure, or insufficient water supply or break in the mains, or the shutting off of the water supply, or the failure of power or other energy used for pumping.
(Ord. 95-5; Code 2021)
Rates for water sales to consumers supplied by the public potable water system of the City of Andale, Kansas shall be set by resolution.
(Ord. 95-5; Res. 4-14; Res. 4-16; Ord. 20-1; Code 2021)
In the event a consumer files a written request with the City Clerk of Andale requesting that the City install one or more fire hydrants at or near a designated premises, and said fire hydrant, or hydrants, due to their location will facilitate fire protection to said consumers premises only, or requesting that the City allow said consumer to connect a fire protection sprinkler system on said premises to the water system of the City of Andale, and said fire hydrant or hydrants, or said sprinkler system, are installed on said premises, then the following charges shall be made for same:
(a) $1,500.00 for each fire hydrant.
(b) $0.00 per month for each premises with a fire sprinkler system.
(Ord. 95-5; Code 2021)
The installation of meters and water service lines shall be in accordance with the following specifications and requirements:
(a) One water service line and meter may be installed for each premise. Additional meters, water service lines and other appurtenances may be installed as approved by the City and all such additional costs shall be borne by the applicant unless determined otherwise by the City. Any new meter installation shall be done by the City after a fee for construction of $750.00 has been filed with the City Clerk.
(b) All meters now in service and hereinafter installed shall remain the sole property of the City. It shall be unlawful for any person to obstruct access thereto by the City.
(c) Each and every unit, business or place of business, shall be on a separate water meter and be connected to the sewer system of the City. The City shall permit no master metering of water:
(1) Any other structure or structures, public or private, where due to unusual circumstances approval is given by the City.
(2) Where water has been supplied through one service to more than one premises, the City may, at its discretion, refuse to furnish water until separate services are provided. (“Premises” mean an inhabited building or buildings on a tract of land.)
(Ord. 95-5; Ord. 97-5; Ord. 01-10; Code 2021)
(a) All monthly water bills are due and payable at the City Hall on the fifth (5th) day of each month for the last preceding calendar month. If any bill is not paid by the twentieth (20th) day of the month in which the bill is sent, the City shall be entitled to a delinquent interest payment of five percent (5%) per month on the delinquent amount. If any water bill is not paid by the tenth (10th) of the following calendar month then a delinquency and termination notice shall be issued containing the following information:
(1) The amount due on the unpaid balance plus interest.
(2) The customer’s, occupant’s and owner’s right to a hearing before the City Council or the City Council’s delegate by appointment.
(3) Notice that service will be terminated in fifteen (15) days if the bill remains unpaid.
(b) The City shall provide notification to the occupant, the customer of record, and the owner of record of the property. Failure of the City to provide notification shall not prevent termination of water service. The request for a hearing must be not later than three (3) working days before the date of discontinuance. Such hearing will be conducted by the City Council or its delegate. Customers and owners are responsible for furnishing the department with their correct address.
(c) If water service is terminated because of non-payment of bill and the water bill is thereafter paid in full, water service to the premises may be reinstated on payment of a reconnection fee of $25.00 if located within the City limits and $25.00 if outside the City limits. If water service is terminated because of non-payment of a bill, then water service to the premises will not be reinstated until the outstanding bill is paid in full and the reconnection fee is paid. Bills and reconnection fees must be paid during regular business hours, and water service will be reinstated during regular business hours.
(d) In the event that the City receives more than one (1) insufficient funds check from a customer in payment of their water bill, then the customer shall in all future payment of their water bill pay the same in cash or by cashier’s check payable to City. Receipt of such an insufficient funds check shall be treated by the City Clerk as an unpaid water bill, and if not rectified by the last day of the month in which the billing was sent, will cause the City Clerk to send the fifteen (15) day termination notice as described above.
(Ord. 95-5; Ord. 97-5; Ord. 3-1; Code 2021)
Every person who desires connection with the City water mains shall make application in writing to the City Clerk for service. The application shall be in such form as shall from time to time, be prescribed by the Governing Body. The applicant shall state whether he or she is an owner or renter of the property.
(a) If the individual hooks up to the water system before December 1, 1995, the service line will be installed to within five feet (5’) of the consumer’s residence or business.
(b) After December 1, 1995, the water meter will be installed at the curb side and the consumer will be responsible for the installation of the service line from the main line into the consumer’s residence or business.
(Ord. 95-5; Ord. 3-1; Code 2021)
No person, firm or corporation shall violate the provisions of the Uniform Plumbing Code, Chapter 10, Water Distribution.
(Ord. 95-5; Code 2021)
No person, firm or corporation, unless authorized by the City Council, shall take or remove water from any public or private hydrant, plug, street, wash, draw, cock, hose, pipe, fountain, except for fire purposes, or in anyway use or take any water for private use without paying for same as herein provided. Water necessary for municipal uses, such as fire fighting, flushing of streets and sewers, street sweepers and dust control, may be obtained from fire hydrants by the City.
(Ord. 95-5; Code 2021)
No person shall make or permit to be made a cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of the municipality. No installation of potable water supply piping or part thereof shall be made in such a manner that it will be possible for used, unclean, polluted or contaminated water, mixtures or substances to enter any portion of such piping from any tank, receptacle, equipment or plumbing fixture by reason of back siphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle, equipment or plumbing fixture is flooded, or subject to pressure in excess of the operating pressure in the hot or cold water piping. Upon notification that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the City or its duly authorized agents.
(Ord. 95-5; Code 2021)
The water department, pursuant to the provisions of the Kansas Statutes, may refuse to deliver water to any premises whereon any condition exists which might lead to a contamination of the public water supply and may continue to refuse such delivery of water to any such premises until such condition is remedied.
(Ord. 95-5; Code 2021)
It shall be the duty of the Governing Body to formulate and enforce such additional rules, not inconsistent herewith, as may be necessary from time to time for the proper conduct of the water department and the same shall be binding upon the City and its customers upon such approval.
(Ord. 95-5; Code 2021)
Any person, firm or corporation violating any provision of this article shall, upon conviction, be fined a sum not to exceed $500.00.
(Ord. 95-5; Code 2021)
(a) Connection to municipal water supply
(1) All new houses, apartments and other residential buildings that are constructed within the City of Andale, Kansas for which a building permit is issued are hereby required to establish a connection to the Andale municipal water supply for the use of water in the building.
(2) After any sale or other ownership transfer of a house, apartment or other residential building that is not connected to the Andale municipal water supply, the new owner or owners shall connect the house, apartment or other residential building to the Andale municipal water supply. The connection shall be done within 90 days after the sale or transfer.
(b) Permit for domestic wells. All persons owning land within the city of Andale on which water wells for domestic use are installed are required to obtain a permit from the city of Andale prior to the installation of the domestic well.
(c) Consent to modification of municipal water supply. Prior to the issuance of any building permit for the construction of any house, apartment, or other residential building in the city of Andale and prior to the issuance of a domestic water well permit as described in subsection (b), the applicant for such building permit or water well permit shall give written consent that the applicant consents to any action by the city of Andale regarding the municipal water wells presently operated by the city of Andale or municipal water wells which may be operated by the city of Andale in the future. Such consent shall include, but not be limited to, the expansion and/or relocation of the Andale municipal water wells and the expansion and/ or modification of any water rights presently owned by the city of Andale or acquired by the city of Andale in the future. Such consent shall also include the waiver of any well spacing requirements.
(d) Penalty. Any person violating this section shall, upon conviction in the Andale Municipal Court, be subjected to a fine of not more than $500.00 per day. Each day such violation occurs shall be considered a separate offense.
(Ord. 5-2; Code 2021)
It is the policy of the City that henceforth water from fire hydrants shall be sold to construction companies or other companies or individuals requesting such water only under the following circumstances:
(a) The water shall be sold at the current rate for water sold to commercial or industrial businesses in the City of Andale
(b) The construction company or other purchaser of water must provide adequate procedures and equipment to insure that no backflow occurs and that no contamination of the city’s water supply takes place.
(c) The construction company or other user of water must contact the Andale Director of Maintenance or Director of Public Works and have him or her present when water is taken from the fire hydrant or receive the prior approval of the Mayor.
(d) The construction company or other user of the water shall be responsible for any backflow or contamination of the city’s water supply.
The Mayor of the City of Andale shall have the authority to terminate the sale of water pursuant to this resolution in the case of a drought or at such other times as the Mayor may deem necessary.
(Res. 6-99; Code 2021)