Article 1. Water - Code of the City of La Cygne, Kansas

The furnishing of water to customers by the city of La Cygne, Kansas, through its waterworks system shall be governed by the regulations set out in this article.

(Code 1988)

14-102. Service not guaranteed.

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 customers.

(Code 1988; Ord. 1466)

14-103. Service connections.

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 1988)

14-104. Connection charge; water.

The applicant for a connection permit shall, at the time of applying for the permit, pay to the city clerk a fee of $100. The applicant shall reimburse the city for meter, tile, lid, radio, antennae, cutoff valve, and for all material and labor costs attributable to the distance from the city main to the applicant’s property.

(Code 1988; Ord. 1466)

14-105. Curb cocks.

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 1988)

14-106. Check valves.

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water committee. 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 1988)

14-107. Cross connections prohibited.

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 unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the water committee and the Kansas Department of Health and Environment.

(Res. 128; Code 1988)

14-108. Meters.

(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.

(c) The city’s responsibility stops at the meter and any work necessary past the meter and the costs associated therewith shall be the responsibility of the customer.

(d) Only one single family dwelling may utilize a residential meter.

(e) All dwellings and buildings shall utilize a meter of a size acceptable and approved by the city. Rates in Section14-125 will apply.

(f) Commercial businesses may submit an application for a secondary lawn sprinkler meter. Costs of the installation of the meter will be the business owner’s responsibility per Section 14-104.

(g) Customers/Owners shall be held responsible for any damage done to meters, lids, antennas, and cables servicing the account address. The city shall keep all meters in proper working condition without cost to the customer except where meter is damaged by neglect or fault of the customer/owner. Repair costs for damage due to neglect or fault of the customer(s)/owner(s) shall be charged to the customer(s)/owner(s) at the meter flat rate fee as established in the city’s fee resolution, which shall be deposited to the credit of the water department fund of the city. No customer(s)/owner(s) or other person shall repair or remove any meter or break any seal on a meter, nor tamper with or interfere with the proper registration of any meter.

(Code 1988; Ord.1466; Ord. 1510)

14-109. Same; testing.

Meter shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If other than an on-site test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and the customer will bear the costs of testing, administration, and fees.

(Code 1988; Ord.1466)

14-110. Tampering with meter.

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 1988)

14-111. Leaks.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed 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. Nothing in this provision will prevent the city from adjusting, at its discretion, the associated sewer charge for billings during such occurrences.

(Code 1988)

14-112. Shut Off Fees; Nonpayment, Repairs, Vacancy Charges.

(a) Nonpayment: Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty (10%) of the total bill thereon, and the sum of $50 reconnection charge, and such reconnection shall be made between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday.

(b) Repairs: No charge for shut off/turn on for repairs during normal business hours of 9:00 a.m. and 3:30 p.m., Monday through Friday.

(d) Temporary & Extended Shut-offs: Account owner shall complete a change-form. Account will be charged the minimum monthly rate to “hold” the account. For extended periods the account can be closed and all deposits if any will be refunded. To reconnect the service a new application will have to be filled out and a new deposit paid.

(e) Vacated Lot/Abandoned home/Non-active account: Upon discontinuance of service and removal of a water meter for a period of twenty-four (24) months or more, the customer will by application submit a request for return to service. The customer shall submit with the application a fee equal to the cost of the meter and labor, plus any applicable deposits to begin water service.

(Ord. 1418; Code 2017; Ord. 1466; Ord. 1479)

14-113. Utility deposit.

(a) At the time of making application for water service, the property owner or customer shall make a cash deposit of 200.00 to secure payment of accrued bills or bills due on discontinuance of service.

(b) The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “meter deposit fund”. Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer’s account January 1^st of each calendar year.

(c) After two (2) years have elapsed the deposit and interest accrued shall be refunded or it may be credited on the payment of any bill rendered upon demand by the property owner as long as the residential owner has complied with all the rules and regulations regarding the payment of utilities, the city clerk is hereby authorized to refund to said user the deposit so made with interest as by law provided. Further, an established water customer/owner who has had continuous service for more than two (2) years preceding the filing of a new application may make application for service at a new residential location without the necessity of a deposit. The interest due and accrued shall not draw interest.

(d) Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded, therefore together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto.

(e) Any security deposit not refunded within three years after discontinuance of service shall be deposited in the water fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Ord. 1435; Code 2017; Ord. 1445)

14-114. Interrupt service.

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 1988; Ord.1466)

14-115. Prohibited acts.

It shall be a misdemeanor for any person to:

(a) Tamper, damage, or meddle with any water main, fire hydrant, electric line or any other water or electric equipment belonging to the city;

(b) Make any connection to the water or electric systems of the city without a written permit from the city;

(Code 1988)

14-116. Wasting water.

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 1988)

14-117. Right of access.

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 1988)

14-118. Utility bills; collection and billing:

(a) All water meters shall be read by the city meter readers as nearly as practical to do so at intervals of not less than thirty (30) days unless extended by motion duly passed by the city council and when read at such intervals, such period shall be construed to be one month. The city clerk shall notify each customer/owner of the amount due on his service by mailing a billing notice. Each water and sewer service bill shall be due and payable within fifteen (15) days after the billing at the office of the city clerk in the city hall.

(b) If any customer/owner of water fails or refuses to pay for the water service consumed promptly when the same comes due and payable as herein provided, penalty of 10% of the amount of the charge for water consumed shall be added to the delinquent account and collected in the same manner as now provided for the collection of the charge of water consumed. The city clerk shall serve a delinquency and termination notice upon the customer by mailing the same to the name and address as shown on the application for utility service. Such notice shall provide the customer with the following information.

(1) The amount due on the unpaid balance including penalties and fees if applicable.

(c) Notice that water service will be terminated in not less than 15 days if the bill remains unpaid. The city clerk and or city treasurer, for good cause shown, may extend the termination date. The superintendent or other city employee shall discontinue service until said unpaid bill and billing to the date of termination along with a $50.00 meter reconnection fee for restoring water service is paid.

(d) In addition to terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate service and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in the manner as other taxes are collected.

(e) Deceased account holder. Should the holder of a utility account die or leave permanently, the person still residing therein shall establish service under their name within 30 days of the triggering event.

(1) A triggering event shall include permanent absence from the residence or death.

(2) In the case of a death, a spouse continuing to live at the residence shall be named as the account holder on the existing account with an updated application.

(3) In the case of the utility account holder permanently leaving the residence, the remaining resident shall make application for a new account under their name. All requirements for service connection, fees, and deposits shall apply.

(4) Should the sole account holder die, and the premises is inherited, rented or sold to another party a new account must be established for service. All requirements for service connection, fees, and deposits shall apply.

(5) In case of a death, with a copy of a death certificate, the deposit, if any shall transfer to the spouse. In all other cases a new application and deposit shall be required.

(6) Failure to transfer the utility account to the current resident, or to that person responsible for paying the utility bill within 30 days will result in disconnection of the utilities.

(f) Returned checks, electronic checks, credit/debit cards, and ACH payment.

(1) All returned payments shall be paid in cash within 7-days of notice of the return of payment.

(2) Unpaid accounts after the 7-day period shall be disconnected. Disconnected Utility Accounts must be paid in full including all fees to be reinstated.

(3) A Utility account shall be placed on a cash-only-basis after the second occurrence of returned payment within a 12-month period.

(4) Unpaid accounts due to return of payment which are not paid within 30-days shall be terminated.

(5) Any person, firm or corporation violating any provision of this section shall be fined as outlined in statute K.S.A. 21-5821 and as set in the city’s fee resolution.

(g) Online electronic payment and credit/debit card payment.

(1) Online electronic payment must be paid at least 5-days in advance of the 15th of the month to avoid penalties and at least 5-days in advance of the 30th of the month to avoid utility account shut-offs.

(2) Credit/Debit Card Payments for utility bills paid within 5-days of the 15th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid penalty charges.

(3) Credit/Debit Card Payments for utility bills paid within 5-days of the 30th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid utility account shut-off.

(Code 1988; Ord. 1466; Ord. 1520)

14-119. Delinquent accounts.

(a) Water or other utility service shall be terminated for nonpayment of service fees or charges as provided in sections 14-120 and 14-121.

(b) In addition to terminating water or other utility service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in the manner as other taxes are collected.

(Ord. 1299; Code 2017

14-120. Notice; hearing.

(a) A delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b) The notice shall state:

(1) The amount due, plus penalty;

(2) Notice that service will be terminated if the amount due is not paid within 15 days from the date of the notice;

(3) Notice that the customer has the right to a hearing be

(4) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c) Upon receipt of a request for hearing, the city clerk will advise the customer of the date, time, and place of the hearing which shall be held within three working days following receipt of the request.

(Code 1988)

14-121. Same; finding.

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the water department employees. If the officer finds that services should be terminated, an order shall be issued terminating services five days after the date of the order. The customer shall be notified either in person or by mailing, a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 1988)

14-122. Water rationing.

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 interest so requires.

(Code 2017)

14-123. Same; procedure.

Whenever the governing body determines that water use must be restricted or prohibited, it shall forthwith issue a proclamation of emergency through the news media and use other appropriate methods of making public the proclamation.

(Code 1988)

14-124. Same; priority use.

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;

(d) Home uses other than those set forth in subsection (a).

(Code 1988)

14-125. Monthly rates.

As of January 1, 2020 the water rates for the City of La Cygne shall be as follows:

(a) Said monthly rate per thousand gallons of water shall automatically increase by 2.5% effective January 1 of each year beginning as of January 1, 2021.

(b) For residents living inside the city limits:

(1) $27.25 for the first 1,000 gallons