The water system of the city shall be operated by a department to be known as the Water Department.

(Code 1968, 14-101)

The water department shall consist of the governing body, the city superintendent and other officers and employees of the city devoting all or part of their time to the conduct of the water department. The governing body shall maintain, manage, conduct, and control the water system and the department, and make all such ordinances, rules, and regulations as may be necessary for the safe, economical, and efficient management of the water system.

(Code 1968, 14-102; Code 1990)

The city superintendent shall have charge of the maintenance and operation of the water plant and distribution system, all meters, and all other appurtenances of the water system. He or she shall supervise all extensions and alterations of the system as the governing body may direct. He or she shall be responsible for the reading of the meters if no meter readers are employed; and if meter readers are employed he or she shall see that they perform their duties promptly and honestly. He or she shall report monthly to the governing body upon all matters concerning the system over which he or she has charge and in such detail as the governing body may from time to time direct. He or she shall be under the general direction and supervision of the water committee. The superintendent shall keep up-to-date maps of the water system, showing the exact location of all water lines, service connections and other physical equipment of the system. He or she shall perform such other and further duties as the governing body may direct.

(Code 1968, 14-103; Code 1990)

The employment of regular employees shall be by the governing body. The governing body may authorize the water committee or the city superintendent to employ needed help temporarily. All employees shall be under the immediate control and management of the city superintendent.

(Code 1968, 14-104; Code 1990)

(a)   Owner - means the owner of the real property connected or to be connected to the water system.

(b)   Customer - is the party in whose name the account is carried.

(c)   Consumer - is the party using the water.

(Code 1968, 14-105; Ord. 1317; Code 2022)

Before any connection is made to any distributing line, an application for a permit must be made in writing by the owner to be connected or by his or her or their authorized representative at the office of the city clerk. Such application shall be made on forms provided by the water department and shall contain such information as the superintendent may require. If there is no 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.

(Code 1968, 16-106)

(a)   Municipal utilities, inclusive of sewer, water and sanitation services shall not be extended to consumers outside of the city limits of the City of Ellis, Kansas.

(b)   Those consumers outside of the city limits as of October 1, 2010, currently receiving municipal services shall continue to eligible to do so at the rates established by the City.

(Code 1968, 14-107; Ord. 1315; Ord. 1316; Code 2022)

After a permit for a water service connection has been issued and before the connection is made, the owner shall pay a permit fee for tapping the main, the installation of the service pipe from the main to the service cock, the service cock and the stop box, the materials to be furnished and work done by employees of the department; provided, that the water mains shall be considered to be in the middle of the street and the city will bring the water service line from the main to the property line of the owner at its own expense. Fees shall be established per the fee schedule of the City of Ellis based on the size of the service line. In addition to the fees above, each property owner will have to pay for any street repair, provided that extra charges will be made where it is necessary to go under paving or surfacing, and additional expense is incurred.

(Ord. 1179, Sec. 1; Code 2005; Ord. 1414; Code 2022)

The property owner shall at his or her own expense, install the water service connection from the proper line to his or her premises and shall repair, replace, and remove all such lines at his or her own expense, as required by the superintendent to prevent loss to the city or damage to the public. When the owner shall fail promptly to repair lines on his or her own premises, the service may be disconnected by the superintendent until repairs are made or the condition causing loss or damage shall be corrected.

(Code 1968, 14-109)

All pipe and other materials, curb cocks and curb boxes shall meet the requirements of the plumbing ordinance of the city and shall be installed in such places and manner as shall be recommended and approved by the superintendent. The curb boxes shall in all cases be placed upon public property and shall control the supply through only one meter. It shall be the duty of the consumer to keep the curb box in serviceable condition.

(Code 1968, 14-110)

A permit must be obtained from the office of the city superintendent before any main or lateral of the city may be tapped. In case of new construction this permit is issued in conjunction with the sewer permit. A permit must be issued also for all changes to be made in water pipes, including the installation of all appliances. All work must be done by licensed plumbers and must be inspected by the city inspector.

(Code 1968, 14-111; Code 1990)

The water department reserves the right to designate the location of all water meters, and the expenses incident to the changing location of meters to conform to such request of the water department, shall be borne by the property owner, or person in whose name the service is being supplied. Only employees of the city shall tap the main, remove or repair meters; provided, that all water meters shall be installed in a vertical position in a location protected from freezing and easily accessible for reading as approved by the superintendent. When placed underground they must have an approved extension dial properly protected by an approved meter box of vaults, constructed of parts furnished by or approved by the department and shall be installed as directed by the superintendent.

(Code 1968, 14-113)

The city reserves the right to seal all water meters and any person who shall without authority, break the seals of any such meters, altering the registers and mechanism thereof, make connections in any manner so that water supplied by the department may be taken or used without being metered or wasted without being supplied under the regulations applying to the use of water shall be subject to a fine of not more than $500.00 for resealing each meter so broken or reconnecting the service lines as to cause the water to be metered, and upon a second offense the service may be disconnected by the superintendent.

(Code 1968, 14-114)

Meters shall be furnished by the department and shall remain the property of the city, and the 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 rough use, or any cause whatever other than by natural wear and tear, the customer shall be charged for 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 service shall be disconnected until the charge is paid.

(Code 1968, 14-115)

It shall be the duty of the superintendent to cause all meters to be inspected at least once each year and at such other times as may be deemed necessary, and the employees of the department are authorized at reasonable hours to enter upon the premises of the customers for the purpose of repairing, replacing or inspecting the meters in service. If any meter is found to vary in excess of two percent from 100 percent accuracy, the reading of the meter shall be corrected according to the percentage of inaccuracy found but no correction shall extend beyond the date of the last regular monthly reading. Where service is rendered a consumer through a defective meter, the charge for such service shall be based upon the estimated consumption.

(Code 1968, 14-116)

When any party shall make an application for water service upon the blank furnished by the department, he or she shall state fully and thoroughly the purposes for which the services are requested. Upon granting of the application, by issuing the desired permit, the applicant shall be deemed to have agreed to the rates, rules, and regulations provided by ordinance for the supplying of water services and the same shall constitute and be considered a part of the contract with every person who is supplied with water by the water department of the city, and such person herein called the consumer and customer, who expresses their uses for water shall be held to have consented to be bound thereby.

(Code 1968, 14-117)

Water shall be sold by meter measure and the amount of water consumed shall be determined by standard meters, except under conditions as otherwise specified in this chapter or other ordinances.

(Code 1968, 14-118; Code 1990)

(a)   The city may discontinue or refuse a particular utility service to any customer, without notice or hearing, for any for the following reasons:

(1)   When the customer so requests.

(2)   When it is determined by an employee of the city utility department, fire department or police department that the continuance of a particular utility service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.

(b)   The city may discontinue or refuse a particular utility service to any customer, following compliance with the notice and hearing requirements of section 15-121 of this article, for any of the following reasons:

(1)   Nonpayment of utility bills and charges as provided in section 15-121.

(2)   When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the city.

(c)   The city may discontinue or refuse a particular utility service to any customer, following notice to the customer, for any of the reasons set out in this subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days, following termination or refusal of service. If after such hearing the hearing officer finds in favor of the customer the hearing officer may order connection or reconnection of the service at no cost to the customer.

(1)   When the customer refuses to grant employees of the city’s utility department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.

(2)   When the customer violates any rule, regulation or ordinance of the city pertaining to utility services, which violation adversely affects the safety of the customer or other persons, or the integrity of the city’s utility services’ delivery system

(3)   When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the utility services’ delivery system situated or delivered on or about the customer’s premises.

(Ord. 1029, Sec. 2; Code 2005, 15-120)

All utility service bills including all water and sanitary sewer bills shall be due and payable on the 1st day of each month for utility service consumed in the preceding month and all such utility accounts shall be paid on or before the 15th day of the same month following the due date and payable, and a penalty, as set forth by the fee schedule for the City of Ellis shall be added to the amount of each bill not paid on or before the 15th day which shall be collected when the bill is finally paid. In the event that the full payment of all charges and penalties due is not made on or before the 25th day of the month in which the charges and penalties are due, the superintendent shall immediately discontinue utility service, subject to the provisions and requirements contained herein, and before the service shall be restored, the consumer shall pay the charges and the penalty and further shall pay a fee for re-connection of such utility service in such matters as is prescribed by resolution of the Governing Body of the city, pursuant to Section 15-123.

(Ord. 1230, Sec. 1; Code 2006; Ord. 1416)

(a)   An account delinquency and service discontinuance notice shall be issued in writing on the 16th day of the month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. mail, first class, to the customer (and a copy also sent by U.S. mail, first class, to the occupant of the premises served if the occupant is not the customer) at the last known address of the customer as shown on the records of the city. Written notice may also be provided by personal service upon the customer by an employee of the city utility department or by any city law enforcement officer or by such city employee posting the written notice upon a door of a building upon the property serviced.

(b)   The notice of account delinquency and service discontinuance shall provide the following information:

(1)   Name of customer and address where service is being provided.

(2)   Account number.

(3)   Amount past due plus delinquency charges.

(4)   Notice that utility service shall be terminated upon failure to pay the delinquent billing plus delinquency charges within 10 days of the date of the mailing of the notice.

(5)   Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the city.

(c)   The notice of account delinquency and service discontinuance shall be substantially in the following form:

NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONTINUANCE, TO: ____________ your (water and/or sanitary sewer service) bill in the amount of $_______ which was due ______, 20__, remains unpaid and is now delinquent.

The delinquency charge to be added to your bill is $________. You are hereby notified that the city intends to terminate your service on _______ at _________ (a.m.) (p.m.), unless you pay the amounts due as above stated or unless good cause be shown why such service should not be terminated. You are further notified that you are to appear in the Ellis City Hall on the _________day of _______, 20__ at ______(a.m.) (p.m.), then and there to show good cause as to why your service should not be terminated for nonpayment of charges. Should you fail to attend the hearing or fail to request at least 24 hours prior to the above hearing date that the hearing be rescheduled, then you are notified that immediately following the hearing date such service or services shall be discontinued.

Dated ________, 20__, City of Ellis, Kansas, By:_____________.

(d)   Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection. At such hearing, the applicant customer, and the city, shall have the right to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses, however formal rules of evidence shall not be followed. The hearing shall be conducted by the mayor or such other hearing officer as may be appointed by and with the consent of the governing body. In the event the hearing officer finds utility service(s) should not be discontinued, the hearing officer shall so order and advise the city thereof. In the event the hearing officer finds utility service(s) should be discontinued, the hearing officer shall so order and advise the city thereof. Unless otherwise ordered by the hearing officer, utility service(s) shall be discontinued on the date that the order of discontinuance is issued by the hearing officer. Extensions of the date of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments or for other good cause shown. The customer shall be given notice of order of discontinuance in person, or by certified mail. In making a determination of whether discontinuance should be ordered, the hearing officer shall consider, but not be limited to, the following factors: Whether discontinuance is dangerous to the health of the customer, the customer’s family or any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical considerations, ages or disability of the customer, the customer’s family or other residents of the premises.

(Ord. 1029, Sec. 4; Code 2005, 15-122)

City utility departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedure set out in this article. Customers shall remain responsible for furnishing the city with the correct address for billing purposes.

(Ord. 1029, Sec. 5; Code 2005, 15-123)

In the event any person shall neglect, fail or refuse to pay within 10 days following notice of discontinuance the utility billings and delinquency charges due the city, such billings and charges shall constitute a lien upon the real property served by the connection to the utility service, and shall be certified by the city clerk to the county clerk of Ellis County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Ord. 1029, Sec. 6; Code 2005, 15-124)

Reconnection Charges. Prior to reconnecting a utility service disconnected following a delinquency, the customer shall pay to the city the entire balance due and owing to the city at the time of reconnection. The customer shall also pay a reconnection charge in such amount as has been established by resolution of the governing body of the city.

(Ord. 1029, Sec. 7; Code 2005, 15-125)

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 superintendent may require, based upon estimated use of water, and the city shall furnish a portable meter for metering the same, which meter shall be under the charge and control of the department only and such contractor or other person shall pay such charges for connection as the superintendent may require.

(Code 1968, 14-122; Code 2005, 15-126)

Each property shall have its own service connection except that joint service across or along the public streets may be allowed when the property to be served does not abut the street along which the distributing line is located. Any premises occupied as a duplex, apartment house or other multi-unit dwelling, or occupied in conjunction with a store or such other building and served from one connection, each consumer shall pay a minimum charge for each apartment, unless provision is otherwise made with the superintendent. The city will contract with only one of the several parties, and on his or her failure to pay or abide by the regulations, the water may be cut off; provided, that all multiple-service connections shall be approved by the superintendent and he or she may require separate water meters to be installed for each consumer.

(Code 1968, 14-123; Code 2005, 15-127)

No consumer shall supply water in any way (by sale, gift or otherwise) to any other person or party without the written permit from the superintendent.

(Code 1968, 14-124; Code 2005, 15-128)

A customer shall give the department proper notice before discontinuing service; and 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 1968, 14-125; Code 2005, 15-129)

The superintendent or any of his or her authorized agents shall have free access at all reasonable hours to inspect any premises supplied with water. No person shall refuse to admit authorized agents of the department to any premise for such purpose. In case any authorized employee is refused admittance, or is in any way hindered in making the necessary inspection or examination, the water may be turned off from such premises after giving 24 hours’ notice to the owner or occupant thereof.

(Code 1968, 14-126; Code 2005, 15-130)

In turning on water the city or the water department or the officers or employees thereof, shall not be responsible for any damage that may occur by reason of improper fixtures, or improper connections, or for any other causes.

(Code 1968, 14-127; Code 2005, 15-131)

The city hereby reserves the right at any time without notice to shut off the water for the purpose of making repairs or extensions, or for other purposes.

(Code 1968, 14-128; Code 2005, 15-132)

The city does not guarantee the delivery of water at any time except only when its plants and distribution systems are in good working order and the supply of water sufficient for the usual demands of its consumers as the case may be.

(Code 1968, 14-129; Code 2005, 15-133)

The superintendent and his or her duly authorized assistants shall have free access at all reasonable hours to any premises where it may be necessary to ascertain the reading of the meters, location or condition of lines or other fixtures attached to the water system or to shut off or turn on water from or to any premises, or for the purpose of seeing that rules and regulations of this article are observed or for any other purpose that the superintendent may deem essential for the operation of the system, prevention of waste, or protection of revenue for the water plant; and for failure of any consumer or owner to abide by this provision of this article, the water service may be discontinued.

(Code 1968, 14-130; Code 2005, 15-134)

It shall be unlawful for any person to take any water from the municipal water system except when it is drawn through a meter installed by the city, except as otherwise specified herein.

(Code 1968, 14-131; Code 2005, 15-135)

Any person who shall willfully or wantonly destroy, injure, deface or in any way harm any water pipe, hydrant, faucet, valve, meter or meter box, placed in the city for its use or the use of the public or located on property not his or her own, and who shall take any water any hydrant, faucet, or pipe on any park, street, or in any public room or building in the city, or on any property not his or her own, except for use on the premises, without the proper authority to do so, or who shall carry off any pipe, wires, tools, apparatus, fueling, or any other property or equipment belonging to the city or who shall open any fire plug or water hydrant or other water pipe belonging to the city and permit or allow water to be turned out of or run out upon the ground, without lawful authority to do so, shall upon conviction therefore be fined as provided in section 1-116 of this code.

(Code 1968, 14-132; Code 2005, 15-136)

(a)   Purpose. The purpose of this section 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 as well as to prevent any future cross connections.

(b)   No person shall establish or permit to be established or maintain or permit to be maintained, any cross connection whereby a private water supply, or any source of contamination may enter the regular public supply of the city unless the source is approved by the city council and the Kansas Department of Health and Environment.    

(Ord. 1058, Secs. 1:2; Code 2005, 15-137)

Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow or backsiphonage may occur and where there is a hazard of contamination of the potable water supply system.

(Ord. 1058, Sec. 3; Code 1998; Code 2005, 15-138)

The city superintendent or other designate of the city council shall have the right of entry into any building or premises in the city as frequently as necessary in order to ensure that plumbing has been installed in a manner as to prevent the possibility of contamination of the public water supply of the city.

(Ord. 1058, Sec. 4; Code 1998; Code 2005, 15-139)

Pursuant to the authority given under home rule powers and K.S.A. 65-163a, the city may refuse to deliver water to any premises where a condition exists which might lead to the contamination of the public water and may continue to refuse to deliver water until that condition is corrected to the satisfaction of the city. In addition, the city may immediately terminate water service to a premises where a backflow or backsiphonage condition exists which may be hazardous to the health of customers served by this public water supply system of the city.

(Ord. 1058, Sec. 5; Code 1998; Code 2005, 15-140)

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 Ellis, Kansas, Public Water Supply. No fewer than three copies of the manual shall be marked or stamped, “Official Copy as Adopted by Ordinance No. 1058”, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1058, Sec. 6; Code 1998; Code 2005, 150141)