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ORDINANCE NO. 811

AN ORDINANCE RELATING TO WATERWORKS AND ELECTRIC UTILITIES OWNED AND OPERATED BY THE CITY OF MEADE, KANSAS; PROVIDING THE RULES AND REGULATIONS FOR THE OPERATION, MANAGEMENT AND CONTROL THEREOF; DEFINING CERTAIN PUBLIC OFFENSES AND FIXING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCES NO. 102, 215, 276, 322, 483, 487, 488, 495, 595, 635, AND 639 OF THE CITY OF MEADE, AND ALL ORDINANCES IN CONFLICT HEREWITH.

SECTION 1. NAME. The water and electric utilities systems of the City of Meade shall be known as the “Meade Municipal Plant” and shall include the operation of things pertaining to the ownership, operation and management of the said waterworks and electric distributions systems of said City.

SECTION 2. APPLICATIONS FOR WATER AND ELECTRIC SERVICE INSTALLATIONS. Before the City shall make any new installation to serve any premises with water or electric energy, an application for such connection shall be made by the owner of the premises to be connected or by his or her or their authorized representative at the office of the City Clerk. All such applications shall be made on forms provided by the department or division. The application shall give the location of the property to be served by its legal description or otherwise, of the type of service desired and the use for which service will be required. If there is no water main or power line to which a connection can be made, the requirements regarding extensions must be made before the application for the service connection will be accepted. The application and its acceptance shall constitute a contract between the applicant and the City for the installation of the connection.

SECTION 3. WATER SERVICE INSTALLATION FEE. After the contract for the new water service installation has been entered into and the necessary extension of the City mains or lines shall be made, the City shall make all street excavations and bring the water service line from the main line to the meter location. The following charges are hereby established as those which shall be paid to the city of Meade for water taps and said user shall deposit with the City of Meade the charges as determined by computing the cost of labor and materials plus the blacktop repair on the date of the application required of the user by this ordinance, and the taps which are allowed are as follows:

1” x 1” Water Tap
2” x 2” Water Tap

All connections and water taps shall be made under the immediate supervision and direction of the Superintendent or said Superintendent’s designated agent. The metering device shall, in any installation, be supplied by the City and shall be the property of the City, and the City reserves the right to repair such meters in accordance with the rules of the department. At no time shall any cost paid to the City for any installation be refundable to the property owner. All premises connected to any utility service of the City shall be assumed to be using such utility service and the owner of occupant will be charged therefore so long as such premises shall remain connected with the utility service.

SECTION 4. EXTENSIONS OF WATER MAINS. All extensions made under these rules shall at all times be and remains the property of the City. Whenever an application has been received and an extension of the City’s water distribution system is necessary in order that an applicant or group of applicants, whose premises are located within the area in which the City operates, may receive service, the City shall furnish and install 100 feet of main extension per applicant without cost to the applicant or applicants. If the main extension required in order to furnish service at any point within the City is greater than the free distance for extensions specified above, such an extension shall be made under the following conditions: The City shall require in advance a deposit of the estimated excess cost of the extension over the free limit, and shall, in such case, refund an amount equal to the cost of the free main extension per customer, for an additional customer whose service shall be connected therewith within a period of three (3) years from the making of such an extension, but at no time shall the rebate made exceed the original cost. At the end of the three year period, any unrebated portion of the deposit shall accrue to the City for maintenance and operation of such extension. PROVIDED, the City will install such extensions at the actual cost of labor and materials, and the cost for 100 feet and the amount of rebate per 100 feet. PROVIDED, FURTHER, the City may, at its option, require proposed customer situated outside the City limits to whom it may decide to sell water to construct his or its own connection to a water main within the City limits at his or its own expense and to maintain it at his own expense.

SECTION 5. INSTALLATION; OWNERSHIP OF SERVICE. In the event the subdivision of any parcel or piece of ground and placing or construction of other dwellings or commercial buildings thereon, the service installed for the use of the original building and its appurtenances shall be deemed to have been installed only to supply water to said building or appurtenances immediately adjacent to the service connection. New water service shall be installed as in the case of any other original installation.

SECTION 6. METERS: USE, OWNERSHIP AND REPAIRS. Water shall be supplied by the department by meter measure and as provided hereafter all meters shall be purchased from the department and shall be the property of the City. The department shall keep the meters in good repair unless damaged or injured by some cause other than natural wear and usage. In all instances, the cities responsibility for maintenance and repair stops at the meter box. If the meter is damaged by hot water, steam, rough use, or any cause other than natural wear or use, the customer shall be charged the amount of the repair. If the cost of repair shall not be paid, the water service may be disconnected as in other cases.

SECTION 7. METERS: LOCATION AND INSTALLATION. Meters shall be installed by the department in a horizontal position in a location protected from freezing and easily accessible for reading. The department reserves the right to designate the location of all meters and when installed outside a building they shall be placed in a suitable meter box of materials furnished by or approved by the department. All meter boxes shall be installed by the City or in accordance with specifications approved by the department.

SECTION 8. MATERIALS: PIPES, CURB COCKS, CURB BOXES. The department shall specify the kind of pipe, service or curb cocks, curb boxes and all fittings and equipment therefore. The curb boxes shall in all cases be placed upon the public property and shall control the supply of water through only one meter. All such pipes, cocks and boxes shall be installed in accordance with the rules of the department. All meter boxes shall be installed by the City or in accordance with specifications approved by the department.

SECTION 9. ELECTRICAL CONNECTIONS: OVERHEAD AND UNDERGROUND. All connections for electrical services from any premises to the City power lines either for light, heat or power purposes shall be made by or under the immediate direction or supervision of the Superintendent or said Superintendent’s designated agent. No person, firm or corporation shall attach to or connect with the light and power lines of the City without first making an application for service to the said City and entering into an agreement for such service as provided hereinafter. Where the power wires of the City are adjacent to the premises desiring service, the City shall make the necessary connections at the electric supply lines, extend the drop line or wire to the house bracket, then install the meter and meter loop and for all new installations under the provisions of this section there shall be a charge by the City to the consumer for the actual materials used by the City employees for making such connection, and for such services as are performed by the City there shall be a deposit of an amount determined and approved by the City Council which shall be paid in advance of making said connection, and shall be paid by the owner of the property requesting such service. All existing installations including the meter loops and service drops shall become the property of the City of Meade and said City shall maintain and repair all meter loops and service drops at no expense to the user and shall remain the property of the City.
The City shall be responsible for the care and maintenance of the wiring and apparatus from the meter to the City power lines. The meter and all wiring and equipment installed by the City shall be and remain the property of the City for the purposes installed and used at the service address. The City reserves the right, at its option, to remove and replace any such installation and the equipment therefore. Underground electrical installation may be made by the owner or user desiring said service. All underground services and equipment to be installed shall be furnished by the property owner except the meter and meter loop, which shall be purchased from the City. A breaker box or fuse box, approved by the City before installation, shall be installed by the property owner and located or installed before the service enters the ground and all said installations shall be made upon application to the City and only upon the approval of the City. There shall be paid by the property owner or consumer requesting underground connection a service deposit of an amount determined and approved by the City Council in advance of making said connection. The property owner or consumer requesting an underground connection shall pay to the City the cost of the actual materials used for making said connection. PROVIDED, HOWEVER, that in the event that the cost of actual materials used by the City in making connection, as heretofore described, the property owner, consumer or applicant shall pay the City of Meade the amount of the cost of actual materials used which exceeds the deposit heretofore required to be made plus an additional charge of 15% of the costs of materials used.

SECTION 10. ELECTRICAL POWER LINES EXTENSION. Where no City electric supply lines are available to serve any premises, the same will be extended upon application by such number of owners desiring electric service which in the judgment of the governing body will produce sufficient revenue to the city to justify such extension; PROVIDED, that the City may extend its power lines to customers outside the City upon the base of special contracts at its option.

SECTION 11. SERVICE CONTRACTS: APPLICATION. Hereafter, all water and/or electric service shall be made available by the City on the basis of a written contract between the City and the applicant for any such service. Applications for such service shall be made by the customer or his authorized agent to the City Clerk. The application shall designate the location of property to be served and state fully and truly the purpose for which service is requested and shall, upon acceptance by the City, constitute an agreement on the part of the applicant to abide by and be bound by all rules and regulations of the City now in force or hereafter fixed by the city for such service, until the same is disconnected and discontinued at the request of the customer or for other reasons by the City. Such agreement shall be binding and effective when approved on behalf of the City by the City Superintendent and upon the deposit of such amounts as security for the payment of bills for services rendered, as provided by ordinance, has been made by the customer.

SECTION 12. CASH DEPOSITS. Cash deposits to secure payment of accrued bills or bills due on discontinuance or service shall be made by the applicant customer in such amounts as may be authorized by ordinance upon acceptance of this application by the City. The City reserves the right to apply any such deposit to payment of any or all classes of utility service, including removal of refuse, received by said customer upon failure to pay any accrued bill or upon discontinuance of any or all such classes or services. PROVIDED, that to any customer who shall diligently pay all bills due the City for all utility services within the prescribed time limits for the payment of said bills for a period of one (1) year, the City Clerk may, approve vouchers for the refunding of service deposits. PROVIDED, FURTHER, that on the first day of January succeeding such deposit and on the first day of January each year thereafter, interest at the rate set by Kansas Municipal Utilities, shall be credited to the account of the depositor and shall be payable to the depositor in cash on demand of the depositor or credited on the first billing of each year of the depositor’s utility account.

SECTION 13. TEMPORARY SERVICES. Contractors, builders and others requiring water or electricity where no permanent services are available may receive such service upon making an application as in the case of permanent services and, where practical, service shall be granted upon the making of a deposit to secure the bills to accrue, based upon the estimate of the service to be required and payment of the costs to the City of making temporary connection. Minimum charge for temporary service shall be an amount determined and approved by the City Council. Where practical, meters shall be installed to measure such service, but the amount of any such bills shall not be less than the minimum monthly bill for such service where the amount due may be estimated.

SECTION 14. SERVICE CONNECTIONS. Each and every premises shall have a separate and distinct service connection, and in no case, except as hereinafter provided, shall more than one premises be furnished with service from one such connection. PROVIDED, that in cases where conditions make this impossible and inadvisable, in the judgment of the City Superintendent, permission may be granted for the use of one connection for more than one premises, which shall be done subject to such requirements and conditions as shall be made by the City. But if a consumer shall extend any service to adjacent premises without permission having been grantee as herein provided, the City Superintendent shall cause the service to be discontinued until compliance with the provisions hereof is assured. PROVIDED, FURTHER, on any premises where more than one meter is installed, even for the same type of service, each meter shall be billed separately; and on any premises where living quarters and a business are combined, the owner or customer may elect to have separate electric service for each or to be served under one service on a commercial rate basis; and where only one meter is installed at the present time or at a future date to service more than one premises, the owner or an authorized agent must assume responsibility for all charges for services rendered to install at his own expense separate services for each premises served.

SECTION 15. SIX-MONTH RATE BASIS; THREE-PHASE POWER SERVICE. All rates for three-phase power services are hereby declared to be based on six months continuous service at each single service address unless a three-phase power service unit is abandoned for reasons of the customer disposing of the apparatus for which three-phase power service is required and it being his intent of not replacing same; the reason being due to the extreme cost of installation of the transformer, equipment, labor, etc., that the City cannot provide only for seasonal use and such extensions must produce a revenue in the judgment of the governing body sufficient to pay interest on the construction of the extension and operating cost of the service.

SECTION 16. FRACTIONAL AND FINAL BILLS. Final and less than monthly bills of charges due the City for any service shall be rendered on a pro-rata basis taking into consideration both the minimum bill and the stepped rates of additional usage as follows: One (1) to Five (5) days service, actual usage to be billed on previous or subsequent bill as such may be the case; Six (6) to Fifteen (15) days, one-half month; Sixteen (16) to Thirty (30) days, one full month’s charge.

SECTION 17. METER TESTING CHARGE. Upon written request to the department and the deposit of an amount determined and approved by the City Council, the City Clerk shall issue an order for a test to be made of the accuracy of any metering device. If, upon a test, the meter is shown to be recording three percent (3%) or more in excess of actual usage, the deposit amount shall be refunded to the person making the same, such refund to be made in the manner provided by law for the payment of claims against the City. IF, on the test, the meter is found to be recording less than three percent in excess of the actual usage, the said deposit shall be retained by the department and not refunded. It is hereby made the policy of the City to maintain measuring or metering devices with a permissible allowance of not to exceed three percent (3%) variation from exact accuracy (over or under).

SECTION 18. DISPUTED BILLS. In the case of disputed bills as above and where the meter has not been registering or has been under or over registering by the excess of three percent, bills may be corrected on the basis of the estimated usage as shown by the average of previous bills for a like seasonable period of three months or longer when the meter registered properly.

SECTION 19. WATER AND ELECTRIC SERVICE NOT GUARANTEED; SERVICE FAILURE. 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. The City shall not be responsible for any losses or damage due to failure of water or electric service from any cause, the breakage of any water or electric lines or failure of equipment, power source, or any failure of service due to any riot, mob, violence, strike, flood or war damage, or otherwise, or due to any failure in the customer’s or consumer’s water or electric lines, apparatus, wiring, connections or equipment. Should the department be called due to the failure of water or electric service and it shall be determined to be the failure of the wiring or lines or equipment and attachments thereof which, by this ordinance, are made the responsibility of such customer, a charge of an amount determined and approved by the City Council shall be charged to the customer.

SECTION 20. SHUTTING OFF WATER AND ELECTRICITY. The City reserves the right without notice to shut off the water or electric service temporarily for the purpose of making repairs or extensions and for other like purposes, but will insofar as possible give suitable notice or warning of such discontinuance and the duration thereof.

SECTION 21. SHUTTING OFF WATER BY INDIVIDUAL. It shall be unlawful for any individual, firm or corporation, person, or persons to use and turn off or turn on the City’s curb cock for the purpose of making repairs to an individual customer’s plumbing. In all cases where persons desire to make plumbing repairs and turn the water off at the City’s curb cock for the purpose of making such repairs, it will be necessary to contact the water department and have an authorized City employee turn off the water and on for which a charge of an amount determined and approved by the City Council will be made for such service. However, in the case of an emergency where members of the water department cannot be immediately contacted, permission is hereby granted for any individual to turn the water off for the protection of property.

SECTION 22. ACCESS TO PROPERTY; INSPECTIONS. The City reserves the right for the officers and employees of the department to inspect any premises at all reasonable hours in connection with the supply of electric or water service to private premises within or without the City. Members of the department shall have free access at all reasonable hours to any premises to read the meters, collect water samples, examine the location or condition of the lines, wires, or pipes or other outdoor fixtures and apparatus used in connection with water or electric service.

SECTION 23. TAKING SERVICE WITHOUT AUTHORITY. It shall be unlawful for any person, firm or corporation, by means of trick, device or in any manner now or may hereafter be authorized and approved by this ordinance and regulations of the department, to receive, consume or in any manner divert to appropriate to his own use or to use of another any electrical service or water belonging to and made available by the City of Meade. All such services shall be supplied and furnished by the department in accordance with the rules and regulations provided therefore.

SECTION 24. TAMPERING WITH METERS. It shall be unlawful for any person or persons, singly or jointly, by means of any trick or device, or in any unlawful manner, to stop, hinder or prevent the electric or water meters registering water or electric service , or to reconnect or turn on any such service after the same shall have been disconnected in any case where the same shall have been disconnected or discontinued for failure to make payments of the monthly bills or for violations of any rules or regulations of the department or provisions of this ordinance.

SECTION 25. TAKING SERVICE AFTER DISCONTINUANCE. It shall be unlawful for any person or persons to break or remove any seal or device used in shutting off or discontinuing water and/or electric service, or to reconnect or turn on any such service after the same shall have been disconnected in any case where the same shall have been disconnected or discontinued for failure to make payments of the monthly bills or for violations of any rules or regulations of the department or provisions of the is ordinance.

SECTION 26. MOVING ELECTRIC METERS AND APPARATUS OF THE CITY AND PROVIDING CHARGES THEREFORE. A charge of an amount determined and approved by the City Council will be made for the first installation of any electric or power meter, wire, meter box or drop. To any person or persons desiring to have their meter moved after the first installation, an amount determined and approved by the City Council shall be paid by the customer or consumer for costs of labor and equipment.

SECTION 27. MOVING WATER METERS AND APPARATUS OF THE CITY AND PROVIDING CHARGES THEREFORE. After the first installation of any water meter and to any customer or consumer desiring to have the same moved, the actual cost of labor and equipment necessary to complete the job shall be charged to the customer or consumer for moving the same.

SECTION 28. NON-READING OF WATER METERS DURING INCLEMENT WEATHER. IF the governing body of the City deems it impractical to read water meters during the seasons of inclement weather, particularly the winter months, water utility customers, during such seasons, shall be billed the minimum charge or an estimated charge with adjusted charges of actual usage to be billed against the water utility customers on the first subsequent reading of their respective meters.

SECTION 29. ELECTRIC SERVICE CALLS. The City of Meade will be responsible for service up to and through any electric meter when such installation is so installed that the load side of the meter is where the City obligation ends or in cases where private entrances, switches, apparatus, etc., are placed ahead of the meter for the convenience of the customer, then such existing installations shall be deemed the obligation of the customer. In the above cases where service has failed and a customer calls the City and reports failure of service and upon examination of the cause of the service failure it shall be found that the failure was due to the failure of fuses, switches, wires, apparatus of the customer, then a charge of an amount determined and approved by the City Council plus additional charges for materials, equipment and labor to restore the service shall be made by the City.

SECTION 30. UNLAWFUL ACTS. Any person or persons 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 for the use of the public or located on property not his own or who shall take any water from 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 own except for use on the premises, or who shall willfully or wantonly destroy, injure, deface, or harm any electric light globe, pole, transformer, meter or meter box, or any other electrical apparatus, device, or equipment owned and used by the City or who shall take any electric energy from any of the electric transmission lines or wires belonging to the City without the proper authority to do so, or who shall carry off any pipe, wire, tools, apparatus, fuel or any other property or equipment belonging to said City, or who shall open any fire plug or hydrant or other water pipe belonging to the City and permit or allow any water to be turned out or run out upon the grounds, without lawful authority to do so, shall, upon conviction therefore, be fined, imprisoned, or be both so fined and imprisoned pursuant to Article 6, Chapter 6.1, (K.S.A. 21-3704) (Theft of Services) and Article 6, Chapter 6.4, (K.S.A. 21-3720)(Criminal Damage to Property) of the Uniform Public Offense Code for Kansas Cities, or corresponding Municipal Code or Ordinance section adopted and approved by the City of Meade.

SECTION 31. SAVINGS CLAUSE. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby.

SECTION 32. That Ordinances No. 102, 215, 276, 322, 483, 487, 488, 495, 595, 635 and 639 and all ordinances in conflict herewith of the City of Meade, Kansas, are hereby repealed.

SECTION 33. This ordinance shall be in full force and effect from and after its passage and publication in the Meade Globe Press, the official City newspaper.

PASSED AND APPROVED this _____ day of _____________, 2009.


Bud Doerflinger, MAYOR

ATTEST:
City Clerk


The City of Meade
132 South Fowler
PO Box 338
Meade, KS  67864-0338

Ph. (620) 873-2091
Fax (620) 873-2635

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