For the purpose of this article, the following words and phrases shall mean:

(a)   Private Residential Unit shall be a dwelling unit designed for the permanent or semi-permanent residence by private citizens in a single family unit or household.

(b)   Commercial Unit shall be a structure whose uses are mercantile, public or charitable services or used for the retail or wholesale of any products, goods or services and minor repair and reconstructive operations.

(c)   Industrial Unit shall be a structure whose uses involve manufacture, production, major repair or reconstructive operations.

(d)   Multi-Unit Residential shall be a structure grouping, or arrangement of structures in a residential association of more than one private residence for permanent or semi-permanent residential use or more than one temporary residential unit or household and shall include specifically hotels, motels, rooming houses, trailers and mobile home parks.

(e)   Major Repairs or Reconstruction residential use shall be presumed whenever residence is for a period of six months continuously as a normal occurrence.

(f)   Joint User shall be separate business or commercial users that share facilities (water and sewer) and are located in the same building or structure.

The system of water supply, treatment, sale and distribution in the city shall be operated by the water department of the City of Caney.

(Ord. 803, Sec 2; Ord. 1094; Code 2022)

(a)   All new water service pipes and meter installation shall be made by the city to such point upon the premises, to be served, within the city limits, except private fire connection or sprinkler systems, upon request of the customer ordering such service, who shall pay a connection fee, according to the following schedule and terms.

(1)   $400.00 Meter Setting

(2)   $500.00 Water Tap, together with the actual cost for each water tap over 3/4 (three-quarter) inch diameter.

(b)   For all connections to supply water for private fire protection, the customer ordering such services shall pay the actual costs, as shall be determined by the water superintendent, for making such connections, including any replacements to paving and /or sidewalks.

(c)   The City Water Department will install no water meters outside the city limits. Installation outside the city limits shall be done under the supervision or inspection of the City Water Superintendent.

(d)   No water service shall be furnished to any customer or consumer, either resident or nonresident, until such fee and deposits required herein, shall have been paid in full, and until an easement shall have been made and granted to the city permitting it to enter upon private premises as necessary, to set, maintain, repair, and/or recover city owned properties located thereon.

(e)   For all connections to supply water for private fire protection and new lawn sprinklers, the customer ordering such services shall pay the actual costs, as shall be determined by the water superintendent, for making such connections, including any replacements to paving and/or sidewalks.

(f)   All meters on such connections shall be located by the city at such points as it deems most accessible to the city’s waterlines and in the manner directed by the water superintendent.

(Ord. 1094; Ord. 2064; Code 2022)

(a)   The City shall furnish maintain and replace all 3/4 inch or smaller meters and meter box shut-off valves to customers and consumers desiring water services from the city. Water meters and meter box shut off valves larger than % (three­ quarter) inch are the responsibility of the customer.

(b)   Prior to furnishing water service to a Private Residential Unit, the consumer will pay a $30.00 connection fee to cover the costs associated with the connection of said service. The fee is charged for each residential unit, except as set forth in sub-paragraph (d) and is non-refundable.

(c)   Prior to furnishing water service to a Commercial Unit, the consumer will pay a connection fee of $30.00, plus a deposit, equal to one (1) month’s anticipated usage. The City Clerk may waive the deposit. Such deposit will be refunded at the end of 24 months providing the consumer has not been disconnected for non-payment of a bill. This fee is charged for each commercial unit except as set forth in sub-paragraph (d) and is non-refundable.

(d)   The connection fee set forth in sub-paragraph (b) and (c) above shall not be charged where the landlord or property owners are cleaning their property prior to re-occupancy.

(e)   When transferring water and sewer service from one location to another, the consumer will pay a transfer fee of $20.00 to cover costs associated with the transfer of said service. This fee will be charged for each residential or commercial consumer, and is non-refundable.

(f)   To re-establish water and sewer service that has been disconnected for non-payment; the consumer must pay their account in full and pay a reconnection fee of $30.00. This reconnection fee is non-refundable.

(g)   To re-establish water and sewer service that has been disconnected for non-payment after hours; the consumer must pay their account in full and pay a reconnection fee of $50.00. This reconnection fee is non-refundable. As used herein, “after hours” means anytime city offices are closed.

A consumer who has been disconnected for non-payment two or more times in a 12-month period may be required to pay a deposit equal to the average of the their last three (3) months service in addition to the above. Said deposit will be returned at the end of 24 months providing the consumer has not been disconnected for non-payment of a bill during that period.

(h)   No Sub-metering shall be permitted except by consent of the water superintendent; any sub-metering shall be according to the following terms: For each dwelling or basic structure unit which is used for commercial or mercantile purposes or for non-personal use by the resident which are so sub-metered, the basic minimum charge shall be paid each month for each unit so connected.

(i)    The service connection fees herein set forth shall also apply to persons who receive sewer services from the City, in which case the words “sewer service” shall apply for all purposes set forth in sub-sections (b) through (h) above.

(Ord. 1015; Ord. 1094; Ord. 2064; Code 2022)

(a)   It shall be unlawful for any person to draw or take away water from or to tap the city water system, without proper authority or cause and such acts to be done.

(b)   A customer who has been disconnected for non-payment and cuts, breaks or damages the water lock or risers, valve, stopcock or change any part of the meter box, or injure any machinery, pipe and fixture belonging to the water meter shall be liable for the costs associated the said damage and shall be prosecuted to the full extent of the law.

(c)   Customers who have been disconnected for non-payment and who reestablish their own water connection without paying associated fines, fees, late charges or their bill in full shall be prosecuted to the full extent of the law.

(d)   I shall be unlawful for any person to willfully or maliciously open, close, cover, or remove any fire plug, hydrant, stopcock, valve or valve box, or to remove from or to affix to or adjust or to change any part of the city water distribution system without proper permission and authority; it shall be unlawful for any person to willfully cut, break or injure any machinery, pipe or fixture belonging to or being a part of such system without proper prior permission or authority.

(e)   It shall be unlawful for any person to willfully or maliciously place or throw into any well, reservoir or source of water supply any foreign object or deleterious substances or anything calculated to or which would render impure or harmful the city water supply or to cause or instigate any such placing or throwing

(Ord. 803, Sec 6; Ord. 1094; Code 2022)

(a)   The customer shall be responsible for any damage to the water meter installed for his or her service resulting from any cause other than ordinary wear and tear.

(b)   Customers and consumers shall keep their own pipes and fixtures in good repair at their own expense. No claims for damages shall be made against the city resulting from the breaking or leaking of any valve or service after the water passed through the meter nor will credit or allowance be made to anyone for leaks or wastage after the water passed through the meter unless by recommendation of the water superintendent.

(c)   No plumber, customer, consumer, property owner or other persons shall tum on water, extend pipe or connections from one property or unit to another without specific permission and authority of the water superintendent.

(d)   Any sub-metering shall be by consent only and be considered as a privilege to any customer or consumer and shall be subject to the rates and conditions imposed herein.

(Ord. 1094; Code 2022)

(a)   The mayor of the City of Caney, Kansas, is hereby authorized during periods of continued drought threatening the water supply and shortage thereof to declare an emergency.

(b)   Upon declaring an emergency, the mayor of the City of Caney, Kansas, shall cause to be published in the official city paper notice thereof, and the provisions of the ordinance shall be enforced from the date of the publication of such notice declaring an emergency, until such time as the conditions giving rise to such emergency shall abate, at which time the mayor shall cause notice of the expiration of such emergency to be published in like fashion in the official city newspaper.

(Ord. 826, Sec. 23; Ord. 1094; Code 2022)

(a)   It shall be unlawful for any person, firm or corporation, during periods of declared emergency, to use water of the Caney water system to wash automobiles, trucks or any motor vehicle or other machinery, or to water lawns, trees, shrubs or gardens.

(b)   That during periods of emergency, it shall be unlawful to waste water or to use the water in a wasteful and negligent manner from the water system of the city.

(c)   That during periods of emergency, no water shall be used except for immediate necessity upon a fire alarm and during the continuance of such fire.

(Ord. 826, Secs. 4:6; Ord. 1094; Code 2022)

The superintendent of the water department of the city, the chief of police of the city, or any of their employees are hereby authorized to make inspections and shall have access to any premises or locations to include water lines, meters, valves and other associated portions of the water distribution system, within the city limits or outside the city limits, for the purpose of insuring and enforcing compliance with the provisions herein set forth.

(Ord. 826, Sec 7; Ord. 1094; Code 2022)

The superintendent of the water system of the city is hereby vested with authority to discontinue the use and supply of the water to any person, firm or corporation, willfully permitting waste or loss of water on the premises of such person, firm or corporation.

(Ord. 826. Sec 8; Ord. 1094; Code 2022)

All utility bills shall be rendered monthly and shall be due and payable by the 15th day of each month. A penalty of ten percent (10%) will be added to any utility bill not paid by the 15th day of each month. If payment is not received by the 25th day of the month, the city shall have the right to terminate water service as provided in Section 15-113. Before service will be restored, the customer shall pay the outstanding bill, late penalty and a reconnection fee of $30.00; provided, if the service is reconnected other than during normal business hours, the reconnection fee shall be $50.00.

(Ord. 1094; Ord. 2025, Code 2002; Ord. 2064; Code 2022)

Water or other utility service shall be terminated for nonpayment of service fees or charges, or for failure to make connection to the Public Sewer as required in Sections 15-205 and 15-210.

(Ord. 1094; Ord. 1021; Code 1992).

(a)   A delinquency and/or termination notice shall be issued by the City Clerk within five (5) days after the delinquency occurs or within five (5) days after the customer has failed to make connection to a public sewer as set forth in Sections 15-205 and 15-210, and such shall be 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, or the fact that the customer has failed to make connection to a public sewer;

(2)   Notice that service will be terminated if the amount due is not paid within fifteen (15) days from the date of the Notice, or that service will be terminated if the required connection to the public sewer is not completed within fifteen (15) days from the date of the Notice;

(3)   Notice that the customer has the right to a hearing before the Mayor or other designated hearing officer;

(4)   Notice that the request for a hearing must be in writing and filed with the City Clerk no later than three (3) days prior to the date for termination of service.

(c)   Upon receipt for request for hearing, the City Clerk shall advise the customer of the date, time and place of the hearing which shall be held within three (3) working days following receipt of the request.

(Ord. 1021; Code 2022)

(a)   Lessors of leased premises served by public utilities furnished by the city shall be ultimately liable for payment of the cost of any utilities furnished by the city to such leased premises, whether the utilities are furnished upon the application and request of the lessor or the lessee of such premises.

(b)   If utilities are furnished by the city to leased premises, upon the application and request of the lessee, then the deposit for such service shall be paid by the lessee and all billings for utilities furnished shall be made to the lessee. However, if the cost of such utilities are not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties provided by all ordinances of the city, in excess of deposits available for such payment.

(c)   If utilities are furnished to such leased premises on the application and request of the lessor of the premises, then all deposits shall be payable by the lessor, all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of all utilities furnished.

(Code 1988; Ord. 1094; Code 2022)

(a)   As used in this section, the following definitions shall apply:

Rate 1 shall mean the base rate for consumers inside the city limits;

Rate 2 shall mean the base rate for consumers outside the city limits;

Usage Rate shall mean the rate for all water metered through a service connection, inside or outside the city limits, which shall be billed in increments of 100 cubic feet, with increments rounded to the next highest 100 cubic feet amount; and

Service Connection shall mean a connection to the City’s water supply system through a water meter.  In cases where multiple dwelling units (e.g., apartment buildings) are connected through a single water meter, each dwelling unit shall constitute a separate service connection.

(b)   Regular Rates. The following monthly rates shall apply to each service connection: 

(1)   Rate 1 - $36.00 per month through 04/30/2023; $46.00 per month from and after 05/01/2023.

(2)   Rate 2 - $46.25 per month through 04/30/2023; $46.25 per month from and after 05/01/2023.

(c)   Usage Rate

(1)   $2.85 per 100 cubic feet inside city limits through 04/30/2023; $2.85 per 100 cubic feet inside city limits from and after 05/01/2023.

(2)   $3.10 per 100 cubic feet outside city limits through 04/30/2023; $3 .10 per 100 cubic feet outside city limits from and after 05/01/2023.

These amounts shall be in addition to such minimum charges as may be necessary to satisfy sub-metering privileges.

In cases where multiple dwelling units (e.g., apartment buildings) are connected through a single water meter, the base rate shall not apply to a vacant dwelling unit, from and after its 31st day of vacancy, so long as the owner/manager of the unit makes application for cessation of charges with the City. Cessation of charges shall not be applied retroactively. It shall be the duty of the owner/manager to notify the City when the unit is re-occupied. Failure to notify the City of such re-occupation within seven (7) days shall result in an assessment equal to three (3) months of base charges applying to the dwelling unit.

(Ord. 1036; Ord. 1094; Ord. 1097; Ord. 2005; Ord. 2064; Ord. 2084; Ord. 2116; Ord. 2151; Ord. 2165; Code 2022; Ord. 2191; Ord. 2023-04)

The owner(s) of all houses, building or properties used for human employment, recreation, habitation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water supply line of the City, is hereby required at such owner’s expense to install suitable water supply facilities therein, and to connect such facilities directly with the proper water supply line in accordance with the provisions of this Article, within sixty (60) days after date of official notice to do so, provided that the water supply line is within one hundred feet (100’) of the property line.

(Ord. 2041; Code 2005)

No persons, company, corporation or institution shall establish or permit to be established or maintain or permit to be maintained, any 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.

(Ord. 1001; Code 2022)

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 public water supply in that polluted water or other contaminating materials may enter into the public water supply. Approved backflow preventer valves and systems shall be installed as determined by the superintendent.

(Ord. 1001; Code 2022)

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 contamination of the water supply of the City.

(Ord. 1001; Code 2022)

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 connection, backsiphonage, or back pressure conditions creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply.

(Ord. 1001; Code 2022)

There is hereby adopted and approved by the Governing Body of the City of Caney, that certain “Manual of Regulations” regulating backflow and backsiphonage of contaminants due to cross-connections for the City of Caney, Kansas.

(Ord. 1001; Code 2022)

(a)   Reconnection after Delinquent Account Disconnection. In the event water or sewer service shall be discontinued under the authority of this article, said water or sewer service shall not be restored until said delinquent account and a reconnection fee in the amount of twenty-five dollars ($25.00) has been paid by the user whose water or sewer service has been discontinued. Reconnection of water or sewer service shall be made between the hours of 8:00 a.m. and 3:00 p.m. the following business day for delinquent account reconnection and thereafter Monday through Friday, between the hours of 8:00 a.m. and 3:00 p.m. No reconnections shall be made on weekends or City Holidays.

(b)   Reconnection after Customer Requests Disconnection. Any service or utility disconnected or discontinued at the request of the customer shall be reconnected only upon payment of a twenty-five dollar ($25.00) reconnection charge; and such reconnection shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. No reconnection fee will be charged if a customer requests disconnection due to an emergency leak or repair situation. No reconnections shall be made on weekends or City Holidays.

(Ord. 2188)

The City shall hold the customer liable for all water registered on said customer’s meter and shall not make any adjustment onto customer’s account for leaks or other reasons, which would alter the registered gallonage on said meter. However, when a leak is a concealed leak, there may be one (1) adjustment made in favor of the customer per year on the following basis: the customer must present proof that the leak was repaired and the bill will be then adjusted to an amount that is the equivalent of the three-month average monthly bill immediately preceding the leak, plus ten percent (10%).

(Ord. 2196)