City of Belvue KS Utilities Policy
1. General Provisions Article
2. Water Utility Article
3. Sewer Utility Article
4. Cross-Connection Control / Water Quality Article
5. Conservation Plan
The purpose in adopting the updated utilities policy is to insure a clear and workable guide for the administration of the City of Belvue utilities. The overview provides a shortened version of the policy, while specific details can be found in the policy below. The policy will amend or replace all previous policies and ordinances, and will be effective upon publication in the official City newspaper, the Wamego Times.
The City of Belvue provides water and sewer utilities within city limits, and may provide services outside of city limits on request, pending approval of the City Council. For residential users who rent their property, there is a $150 deposit fee, which is paid at the time a citizen returns a utilities application. Upon payment of the final bill, this fee will be refunded to the citizen. In case of a default on the final bill, this covers the cost of the bill. If the City has a valid mailing address for the citizen, the City refunds the remainder of the deposit. If the citizen does not provide the City with a valid mailing address, the fee is forfeited, and added to the water and sewer funds in accordance with State law. A credit will be applied yearly to the account in accordance with State law. The utility deposit is waived if the utilities are put in the homeowner’s or landlord’s name. Homeowners and commercial property owners are exempt from the deposit.
Utilities will continue to be charged to the name of the person on the utilities account until such time as they inform the City to take a final reading, and end utility services. The citizen is responsible for making the City aware of the date they would like to end service at least two business days prior to that date, and is responsible for all utilities usage until such time as they make the City aware of the end of service by contacting the City office by phone, email, or in person at the City office.
Current water fees are a $20 per month minimum fee for service and $.008 per gallon charge on the water used. Current sewer fees are a $21 per month minimum fee for service, with free usage up to 3000 gallons a month, with a $.001 per gallon charge for any amount over 3000 gallons.
Meters are read monthly, on or around the 25th of the month. Bills will be sent out in the 1st week of the next month. Payment is due by the 25th of the same month. Failure to pay the bill by the time of the next billing cycle (1st week of the following month) will result in a notice of delinquency. Failure to pay by the following month (60 days approximately) will result in a second notice, and the utilities being turned off, at the discretion of the Mayor and City Council. As an example, if the meters are read February 25th, bills will go out between March 1st and 5th. February bills are due by March 25th. The bill would be considered delinquent on April 1st, and a notice would be mailed to the customer. Failure to pay the bill by May 1st would result in a second delinquency notice, and the utilities being shut off until the bill is paid.
Water and sewer connections are available at previously unused locations in city limits, upon application to the City, and inspection of the potential customer’s connection to the main. Commercial and out of town connections may be available upon request and approval by the City, with the applicants being expected to cover the expenses for any material and labor costs required to potentially upgrade or connect to the present infrastructure.
Please use good sense and common courtesy with the water and sewer utilities. If it shouldn’t go down the drain, don’t send it down, you will clog the mains and back up the sewer. Fire hydrants are for emergency and City use only. Don’t cover or clutter the manholes, we may need to access them quickly in an emergency.
Thank you for choosing to live in our city. The Mayor and City Council look forward to supporting your City of Belvue experience!
ARTICLE 1. GENERAL PROVISIONS
1.1 REGULATIONS. The furnishing of utility services to its customers, by the City of Belvue, shall be governed by the regulations set out in this chapter, and the rates and fees as established and amended, from time-to-time, by resolution of the Mayor and the Belvue City Council, and shall constitute and be considered a part of the contract with every person, firm, company, corporation, governmental agency, political subdivision, or legal entity, hereinafter called the customer, who is supplied with utility service(s), and all who accept and use said service(s), shall be held to have consented to be bound thereby.
1.2 DEFINITIONS. The following words and terms as used in this chapter shall be construed as follows, unless the context specifically indicates otherwise:
a) Abandoned Service. Shall mean a service no longer safe, compliant with applicable codes, or otherwise unsuitable for use under city codes.
b) Applicant. Any person, firm, company, corporation, governmental agency, political subdivision, or legal entity that is applying for utility service(s).
c) City. Shall mean the City of Belvue, Kansas.
d) Commercial Building. Shall mean any structure designed or used for business purposes. In addition to monthly consumption charges, each commercial building shall be subject to one minimum monthly base charge, per meter, regardless of the number of commercial tenants within the building, for each required utility service.
e) Customer. Shall mean the utility service account holder on record.
f) Delinquent Account. An account that has non-payment of service fees or additional charges, in accordance with Section 1.5.
g) Dwelling. A building, or portion thereof, designed or used primarily for human habitation.
h) Indirect Connection. A utility service connection that serves more than one dwelling or customer.
i) Minimum Monthly Base Charge. The minimum amount due every month for each utility or service, as denoted in each applicable article of this chapter. The Minimum Monthly Base Charge does not include any usage amount.
j) Multi-Family Dwelling. A building containing two (2) or more dwellings. Each dwelling shall provide complete independent living facilities for one or more persons, to include: permanent provisions for living, sleeping, eating, cooking (such as a microwave oven or hot plate), and sanitation. The connection to the municipal utility system may be direct or indirect, and as a result each dwelling may not have an individual service meter. In addition to monthly consumption charges, each dwelling shall be subject to a minimum monthly base charge for each utility service.
k) Municipal Utility System. The Municipal Utility System consists of all of the above and below ground mains, laterals, pipes, hydrants, wires, cables, poles, treatment facilities, wells, lift stations, tanks, substations, or appurtenances thereto, which are used by the city to convey, distribute, carry away, or otherwise provide utility services.
l) New Connections. Are described as new, upgraded, or the replacement of an abandoned service.
m) Premises. Shall mean a tract of land.
n) Residential. Shall mean all types of building configurations designed or used primarily for human habitation.
o) Renter. Shall mean a person or corporation who rents real property, with or without a house or structure, from the owner landlord, and which has utility service available.
p) Seasonal Customer. Shall mean a utility service account holder of record, whose utility service(s) are voluntarily discontinued for at least three consecutive billing periods.
q) Single-Family Dwelling. A building designed primarily for human habitation containing one (1) dwelling and intended for occupancy by one (1) family. In addition to monthly consumption charges, each single-family dwelling shall be subject to a minimum monthly base charge for each utility service.
r) Utility Services. Includes water and sewer, as required in this chapter, and which are provided by the City of Belvue.
s) Vacant Service. Shall mean any service suitable for use under city codes.
1.3 SERVICE CONNECTIONS REQUIRED. Every applicant desiring utility services from the city shall first make application to the city clerk by phone, mail, or email, or in person, then fill out a form furnished by the city. Upon approval, and payment of a deposit set by the Council and Mayor, if applicable, the applicant, or their authorized representative, will be connected to the municipal utility system and be supplied with utility services, in accordance with the regulations and rates set out in this chapter.
a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, excluding detached structures used exclusively for domestic storage, which are situated within the city and abutting on any street, alley, or right-of-way, in which there is now located utility service, is hereby required, at their own expense, to make connection to such utility service(s), unless such amenities are provided by an existing entity, such as a rural water or electric district. Moreover, the owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by making such connections. The City of Belvue is responsible for upkeep on City water lines up to and including the meter, the homeowner is responsible for all water lines on the building side of the meter.
b) Each application for a connection permit shall be accompanied by payment of a deposit, if so required, as per resolution of the City of Belvue Mayor and City Council. Applications that are not accompanied by the deposit shall be considered incomplete and not processed, and the applicant will be notified of the incomplete application.
c) It is unlawful for any person to live in a structure within the city that does not have utility services for more than thirty (30) days, if the city is capable of providing said utility services.
d) When there is a reasonable basis to believe that someone has been living in a structure for more than thirty (30) days, without utility services, the city clerk is to bring this to the attention of the Mayor and Council. The city is also authorized to pursue any and all remedies to cease violation of this section, including injunctive relief in the district court.
e) Within City limits, a request for water service constitutes a request for sewer service, if sewerage service is available.
f) Nothing herein shall be interpreted as abrogating or limiting any other city code related to residing in a structure within the city.
1.4 APPLICATION FOR CONNECTION / SERVICE.
a) Any applicant desiring a connection or to establish service with the municipal utility system shall apply by phone, mail, email, or in person to the city clerk for the appropriate form, then fill out the form provided by the city for that purpose, including the deposit as set by the Mayor and Council.
b) The connection application shall include the following, if applicable:
1. The street address of the property to be served.
2. The size of tap required, if other than ¾”.
3. The size and kind of water service pipe to be used, if non standard.
4. The point of proposed connection to the city sewer line.
5. The full name and contact information of the owner of the premises to be served.
6. Any other pertinent information required by the city clerk.
7. The signature of the owner, owner’s authorized agent or occupant of the premises to be served.
c) Each application for a connection permit shall be accompanied by payment of a deposit, as per resolution of the Belvue City Council and Mayor.
d) Each potential customer shall submit the completed service application for utility connection/service to the city clerk, including a deposit as set by the Belvue City Council and Mayor, on forms furnished by the city. Incomplete service applications, or applications that do not have the proper deposit, shall not be processed, and the potential customer will be notified of the incomplete service application.
1.5 UTILITY BILLS/DELINQUENT ACCOUNTS. If any customer or person, except the United States or the State of Kansas, fails to pay the fees or charges for utility services, their utility services shall be terminated, in accordance with Section 1.9.
a) Every meter shall be read every month, on or about the 25th of each month, except in the case of inclement weather, as determined by the city superintendent, and records of such readings shall be kept for a period of two years.
b) Collections for utility service(s) shall be made monthly.
c) Utility bills will be sent to customers between the 1st and 7th day of each month indicating the amount due for the most recent billing period, and any past due amount. The customer shall be required to pay the utility bill in full by the 25th of the same month. If the 25th is not a business day for the city, payments are due on the next business day following the 25th.
d) If the account is not paid in full by the date of the next billing (around the 1st of the next month), a delinquency notice will be provided by mail. Failure to pay the delinquent balance within a month of the mailing date of this notice (the 1st of the month following delinquency, or approximately 60 days delinquent), will result in the termination of utility services. If there is a sufficient reason for nonpayment of the bill, payment plans may be worked out at the discretion of the Mayor and City Council, following a hearing by the same, or an authorized agent.
e) In the case that a customer has moved and has a delinquent bill, they forfeit the deposit they have made for the utility services towards payment of their outstanding bill.
f) If at the time of application for utility services the applicant has an outstanding balance for utility services, the application will not be processed until the outstanding balance, and additional fees are paid.
g) Any incorrect utility billing discovered shall be given an adjustment up to the point in which the inaccuracy appears to have taken place, not to exceed the preceding six months of billing assessments.
h) A customer has the right to inquire about any monthly billing charges. The customer may also request that a meter be reread, if they question the accuracy of the meter reading.
i) Customers will be responsible for furnishing the city clerk their correct address for billing purposes. Failure to provide a current forwarding address in case of relocation will result in the forfeiture of the utility deposit.
1.6 PARTIAL SERVICE. Bills will be rendered monthly as provided in Section 1.5. Accounts established prior to the most recent billing period will have minimum monthly base charges. Consumption amounts are not prorated.
1.7 RIGHT OF ACCESS.
a) It shall be unlawful for the owner or the occupant of property to allow any obstruction or debris of any kind to block any utility meter. It shall further be unlawful for any owner or occupant of property to allow animals to threaten the safety of authorized employees of the city while they are carrying out the duties set forth in this chapter.
b) If the authorized employee of the city is unable to carry out any of the duties set forth in this chapter because of obstruction, debris or animals threatening said employee's safety, the owner and/or occupant of said property shall be notified to remove such obstruction, debris or animal. If the obstruction, debris or animal is not removed, the city may estimate the meter readings, as per Section 2.17 and proceed to terminate service, by providing written notice to the owner and occupant of the property.
1.8 DISCONTINUANCE OF UTILITY SERVICES.
a) The city may discontinue or refuse a particular utility service to any customer, without notice or hearing, for either of the following reasons:
1) When the customer so requests.
2) When it is determined by an employee of the city’s utility 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 notice to the customer, for any of the following reasons:
1) When the customer refuses to grant, or conditions exist that prevent employees of the city access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement, as per Section 1.7.
2) When the customer violates any code, ordinance, or resolution of the city pertaining to utility services, which violation adversely affects the safety of the customer or other persons, or the integrity of the municipal utility system.
3) When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the municipal utility system situated or delivered on or about the customer's premises.
4) When the applicant/customer misrepresents their identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the city.
5) Nonpayment of utility bills and additional charges as provided in Section 1.5.
c) Utilities will continue to be charged to the name of the person on the current account until such time as they inform the City to take a final reading, and end utility services. Citizen are responsible for making the City aware of the date they would like to end service at least two business day prior to that date, and are responsible for all utility usages until such time as they make the City aware of the end of service by contacting the City office by phone, email, or in person at the City office.
1.9 NOTICE; HEARING. A delinquency shall be issued by the city clerk within ten (10) days after the delinquency occurs and mailed to the customer at their last known address. The notice shall state:
a) The amount due;
b) Notice that service will be terminated if the amount due is not paid within sixty days delinquency;
c) Notice that the customer has the right to a hearing before the City Council and Mayor, or designated work group;
d) Notice that the request for a hearing must be either written or emailed and filed with the city clerk no later than ten (10) business days prior to the date of termination of service;
e) Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time, and place of the hearing which shall be held within ten (10) business days following receipt of the request.
1.10 HEARING; FINDING. Following the hearing, if the hearing work group shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk, unless the city clerk was serving on the work group. If the work group finds that service should be terminated, an order shall be issued terminating service within seven (7) days after the date of the order. The customer shall be notified either in person, or by mailing a letter to their last known address by mail. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The Mayor has a right, for good cause, to grant an extension, until the next Council meeting, at which presentation will be made before the Council, and decision made regarding the termination of such service.
1.11 SAME; LIENS; COLLECTION.
a) In the event that any person, except the United States or the State of Kansas, residing, occupying, using or operating on owned property to which utility service furnished by the city is not paid, the unpaid fees or additional charges may constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees and/or additional charges may be certified by the Belvue City Clerk to the county clerk of Pottawatomie County, in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law. The city may refuse the delivery of such utility service as otherwise permitted by law until such time as such fees and additional charges are fully paid.
b) The lien, described above shall not attach to property for unpaid utility fees or additional charges when the utility services have been contracted for by a tenant, and not by the landlord or owner of the property to which such service is provided. (K.S.A. 12-808c).
c) The city may pursue other collection methods for delinquent utility accounts, to include any fees or additional charges, as permitted by law.
1.12 INDIRECT CONNECTIONS. Where there exists an indirect connection to the municipal utility system, the property owner, or owner’s agent, shall establish water and sewer service in their name.
1.13 INTERRUPTION OF SERVICE. The city reserves the right to interrupt utility service for the purpose of making repairs or extensions to the system.
1.14 PROVIDER OF SERVICE, NOT A GUARANTOR.
a) The city does not guarantee to maintain any specific water pressure for the service and no complaint concerning water pressure shall give any right of claim against the city or its departments.
b) The city shall be held blameless and free from liability in case of damage to property, appliances, articles, or materials being processed, manufactured or stored due to uncontrollable interruptions of service caused by lightning, storm damages, breaking of wires, poles, mains or appurtenances thereto, or any other cause beyond the control of the city, which may cause an interruption of service.
1.15 SERVICE CALLS. All expenses incurred as a result of a service call shall be charged to the person making the request, except when the request relates to the repair of the municipal utility system.
1.16 UTILITY DEPOSIT. A utility deposit in the amount set by the Belvue City Council and Mayor will be required at time of application for service by any renter or tenant. This amount will be set at $150. Upon payment of a final utility bill, the City will refund the deposit. In event of a failure to pay the final bill, the deposit covers the cost of the final bill. It is the responsibility of the customer to provide a valid mailing address to which the City can mail the deposit; failure to provide a valid mailing address will result in forfeiture of the deposit. In event of nonpayment of the final bill, the city will return such portion of the deposit as remains after paying the bill, provided the city has a valid mailing address on file. The City will credit the account yearly with interest as established by KSA 12-822, and this provision will be administered in accordance with KSA 12-822 and applicable state law. The utility deposit is waived if the utilities are put in the homeowner’s or landlord’s name.
a) All water furnished to customers shall be metered. No service will be furnished at a flat rate.
b) All meters are and shall remain the property of the city and may be removed from the customer’s premises at any time, with or without notice, for replacement, testing or repairing, or discontinuance of service.
c) Meters shall be installed in a location easily accessible for reading. No meters shall be installed within a building, porch, or basement unless equipped with a remote reading device.
d) The city's responsibility stops at the meter and any work necessary past the meter shall be the responsibility of the property owner.
e) The city shall keep all meters in good repair and in proper working condition without cost to the customer, except that the customer shall be responsible for any damage done to meters, meter settings, and all appurtenances related thereto installed on their premises by malicious intent or from any other cause except ordinary wear, or storm damage. The customer shall be liable for the costs of replacing or repairing any meter, meter setting, or appurtenances related thereto so damaged.
1.18 SAME; TESTING.
a) Meters shall be tested prior to being set and tested or replaced at any other time thereafter, if they appear to be measuring incorrectly.
b) Should the meter be found to be inaccurate, an adjustment may be given to the customer up to the point in which the inaccuracy has taken place, not to exceed the preceding six months of billing assessments. This will be based on the usage of the last accurate month.
1.19 PROHIBITED ACTS. It shall be unlawful for any person to:
a) Tamper, damage or meddle with any part of the municipal utility system as defined in Section 2, or any vehicle or apparatus, used to construct, repair, or maintain the municipal utility system.
b) Make any connection to the municipal utility system of the city without a written permit from the city.
c) Reconnect service when it has been discontinued for nonpayment of a bill for service and/or additional charges.
d) 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.
e) Turn any shutoff valve, meter, electrical breaker or switch, within the municipal utility system on or off, except by authorized city employees.
f) No person or occupant of any building into which utility service(s) has been introduced shall be allowed to supply, give away, or otherwise redistribute utility service(s) to any other persons, firms, companies, corporations, governmental agencies, political subdivisions, or legal entities, from their service without having first obtained written permission from the Mayor and City Council.
1.20 BAD CHECKS. The city shall levy a charge, at the Council’s discretion, as established by resolution of the Belvue City Council at $30, for all checks or bank drafts returned from the banks to the city for payment of municipal services and/or additional charges, which are returned for any reason.
1.21 REVENUES. All revenue derived from the utility service charges shall be deposited in the bank account and credited to separate funds for each enterprise. Such revenues shall be used exclusively for the administration, betterments, depreciation, operation, maintenance, repair, replacement, extension, enlargement and obsolescence of the applicable facilities and equipment, and may be used to pay the principal of and interest on any bonds issued (or state revolving loan debt), on account of the applicable system, either general obligation or revenue bonds, or both, except bonds issued for any such project the cost of which is payable from special assessments.
1.22 PENALTY. Any person, firm, corporation, governmental agency, political subdivision, company, or legal entity violating any of the provisions of this chapter shall, upon conviction in county court, be punished by a fine not less than $100 nor more than $1,000, per violation, plus court costs. Each day that a violation is continued shall be considered as a separate and distinct violation and may be prosecuted as such. In addition to the foregoing penalties, the city shall have the right to discontinue utility service as provided in Section 1.8, or to remove or close utility service connections and to enter upon the premises for accomplishing this purpose. Any person violating any of the provisions of this chapter shall be liable to the city for any expense, loss or damage occasioned to the city by reason of such violation.
1.23 SEVERABILITY. If any provision of this chapter is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and its applicability to other persons and circumstances shall not be affected thereby.
ARTICLE 2. WATER UTILITY
2.1 RESIDENTIAL WATER SERVICE; AVAILABILITY. Service is available to all dwellings. Every dwelling, regardless of whether it is directly or indirectly connected to the municipal water system, is subject to a minimum monthly base charge, as well as monthly usage costs.
2.2 COMMERCIAL WATER SERVICE; AVAILABILITY. Service is available for all metered commercial enterprises and each is subject to a minimum monthly base charge, as well as monthly usage costs.
2.3 BULK WATER SALES; AVAILABILITY. Bulk water sales are only available for non-potable uses; there is a 1000 gallon minimum purchase to receive bulk water:
a) Customers desiring to purchase water in bulk from a city fire hydrant must complete an application prior to receiving/taking water. All bulk water sales obtained from a city fire hydrant shall be delivered through a meter and double check valve installed by city personnel and secured to the hydrant with a locking collar.
b) The price per every 1,000 gallons of bulk water, obtained via a city fire hydrant, is as established per Resolution of the Belvue City Council. Currently it is $6.50 per thousand gallons. No base charge shall apply to bulk water purchases.
2.4 SERVICE CONNECTIONS; WATER. All service pipes shall be installed by the applicant from the meter to the structure. Parties desiring water service shall pay a connection charge, which includes the tapping of the water main and the installation of the water meter. No plumber, applicant, customer, or other person shall extend pipes from one property or street address, to another property or street address, without written prior consent from the Mayor and City Council, as well as all other parties involved.
2.5 NEW CONNECTION CHARGES; WATER. Connection charges are assessed for each installed water meter. New connections are described as new, upgraded, or replacement of an abandoned service.
a) The applicant within the limits of the City of Belvue for a ¾ inch water connection permit shall be provided with a connection to the water main with the appropriate meter at no cost.
b) The applicant outside the limits of the City of Belvue for a ¾ inch water connection permit shall be provided with a connection to the water main with the appropriate meter for the cost of the materials, meter, and labor to install said service.
c) For the installation of a service connection in excess of ¾ inches, the applicant shall pay an amount as determined by resolution of the Mayor and Belvue City Council, at the time of application, plus the actual cost of the meter and installation that is in excess of the ¾ inch service.
d) For property within the city limits, all taps and excavations shall be made, meters and shutoff valves installed, and pipes laid from the main to the curb, or property where installation is to be made, by the city or by a contractor chosen by the city.
e) For installations outside of the city limits, the city shall make a tap at the nearest main capable of supplying the property and install a shutoff valve in a location deemed suitable by the Mayor, Council, or City Superintendent.
f) A ¾ inch meter used for irrigation may be installed at a cost established per resolution of the Belvue Mayor and City Council.
2.6 WATER RATES. Are established by resolution of the Mayor and Belvue City Council, and shall apply to any metered customer. Water rates will be examined periodically and adjusted when necessary. Current water fees are a $20 per month minimum fee for service and $.008 per gallon of water used.
2.7 TEMPORARY OR SPECIAL SERVICE.
a) Persons requiring water service for temporary or special uses, where no permanent water service is available, may obtain such service upon making an application to the Belvue City Council.
b) The applicant shall describe the purpose and estimate the amount of water that will be required.
c) The applicant is also required to prepay for the cost of making the temporary installation and all other applicable fees.
d) Any temporary piping used by the applicant shall be equipped with both a stop and a check valve to prevent back flow into the city’s water system.
e) The city shall furnish a portable meter, which shall remain under the control of the city.
2.8 RESPONSIBILITY IN TURNING ON WATER. In turning on water, the city and its employees shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other cause beyond their control.
2.9 CHECK VALVES. Check valves shall be required on all connections to steam boilers or any like connection determined by the city manager to require protection against back siphoning. Safety or relief valves shall be placed on all boilers or other connected steam apparatus, subject to inspection.
2.10 ESCAPE OR DRAINING WATER FROM PRIVATE PROPERTY PROHIBITED.
a) It is unlawful for any person to allow substantial amounts of water to escape and/or drain from private property onto public property, including, but not limited to, public sidewalks, rights-of-way, streets, alleys, and highways; provided that the term "substantial" shall mean an amount sufficient to cause a damage to said public property.
b) For purposes of this section, it shall be presumed that the resident of the private property from which water escapes or drains knows of such escape or draining.
2.11 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 Mayor and City Council determines the public exigency so requires.
2.12 SAME; PROCEDURE. Whenever the Mayor and City Council determine 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. Policy procedures, penalties and fines are set forth in Section 5.4.
2.13 SAME; PRIORITY USE. In the event a proclamation of emergency is issued, water usage will be restricted or prohibited first for uses as per Section 5.4.
2.14 WATER PROTECTION FEE. The city administers the Water Protection Fee as per K.S.A. 79-82a-954e, and amendments thereto.
2.15 CLEAN DRINKING WATER FEE. The city administers the Clean Drinking Water Fee as per K.S.A. 79-82a-2101, and amendments thereto.
2.16 WASTING WATER. Water customers 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. Each metered customer shall have a shut off valve installed at their premises.
2.17 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, unless so allowed by the Mayor and City Council. However, every customer shall have the right to appeal to the city clerk from any water bill or meter reading which they may consider inaccurate. (Sections 1.5h and 1.5i, 1.18b)
2.18 ESTIMATE OF WATER USAGE. The city clerk shall be authorized to estimate water usage for a customer when weather prevents the reading of the meter, when the meter reader is unavailable, when the meter is not functioning properly, when access to property is denied (as per Section 1.7), or when other problems prevent accurate meter readings. The estimate shall be based upon an average of each customer’s most recent consumption.
ARTICLE 3. SEWER UTILITY
3.1 DEFINITIONS. The following words and terms, as used in this article, apply only to this article and shall be construed as follows unless the context specifically indicates otherwise:
a) Areaways. A sunken yard, patio, court, driveway or window well leading into a basement or crawl space for entrance, light or ventilation.
b) Building. A structure built, erected, or framed of component structural parts designed for the housing, shelter, enclosure, or support of persons, animals, equipment or property of any kind.
c) Building Drain. Part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning three feet outside the building wall.
d) Building Sewer. That part of the piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sanitary sewer, private sanitary sewer, individual sewage disposal system, or other point of disposal. In the City of Belvue, all sewer piping between the saddle and the building are the responsibility of the owner. The City of Belvue is responsible for upkeep on City sewer lines up to and including the saddle, the homeowner is responsible for all sewer lines on the building side of the saddle.
e) Crawl Space Drain. A drain installed to collect drainage from the surface of any area that is entirely enclosed by foundation walls and beneath a building which area is not covered by concrete or other form or permanent surfacing.
f) Foundation Drains. A pipe with open joints and/or porous material installed either outside exterior foundation walls or inside and beneath a basement floor for the purpose of preventing the building-up of water pressure and water capillarity beneath the floor.
g) Garage Drain. A drain located in a garage or, in case of a basement garage, within 10 feet of the garage area.
h) Industrial. Means any business engaged in the manufacturing or processing of one or more products and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.
i) Inspector. A qualified city employee, consulting engineer, municipal engineer, sewer district engineer, county engineer, or his authorized representative.
j) Roof Drain. A drain which is installed to collect storm water from building roofs.
k) Saddle. A fitting attached to an existing sanitary sewer to receive a building sewer connection.
l) Sanitary Sewer (Sewer). A pipe which carries sewage and insofar as practical, excludes infiltration of storm, surface, and ground water.
m) Sewage. Any substance that contains any of the waste products or excrementitious or other discharges from the bodies of human beings or animals, or chemicals or other wastes from domestic, manufacturing or other forms of industry.
n) Wastewater. The combination of liquids and water-carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface, or storm water that may be present.
o) Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:
1) A five-day biochemical oxygen demand of 300 milligrams per liter or less;
2) A suspended solid concentration (SS) of 350 milligrams per liter or less; and
3) Hydrogen ion concentration of (pH) 5.0 to 9.0.
3.2 SEWAGE SERVICE; AVAILABILITY. Service is available to all dwellings and all commercial and industrial enterprises within the Belvue City limits. Service may be provided outside of city limits at the discretion of the Mayor and the City Council.
3.3 NEW CONNECTION CHARGES; SEWAGE. No connection shall be made to the city's wastewater system without prior approval, inspection, and a connection charge, if applicable. All building sewer lines shall be installed by the applicant from the saddle to the structure. Parties desiring sewer service shall pay a connection charge, if applicable, which includes the saddle on the sewer main. No plumber, applicant, customer, or other person shall extend pipes from one property or street address, to another property or street address, without written prior consent from the Mayor and City Council, as well as all other parties involved. For property within the city limits, all saddles and excavations shall be made by the city, or by a contractor chosen by the city.
a) Residential connections within City limits will have no connection charge.
b) Industrial connection charges shall be as determined by the city superintendent, subject to the approval of the Belvue Mayor and City Council. Industrial connection charges will be limited to material and labor costs necessary for any upgrade to existing infrastructure necessary for the connection.
c) Connection charges for units outside the city limits shall be as established by the City Superintendent, with the approval of the Mayor and City Council. These will cover the costs of providing service, and will defray any material and labor costs. No units outside the city limits shall be permitted to connect to the city's wastewater system without prior approval of the Mayor and Belvue City Council.
d) When the connection to the sanitary sewage system is to a previously installed tap line, the customer may have the tap line inspected at their expense prior to making a connection. The liability for a proper connection to the city sewer shall be that of the customer. The City will provide inspection of the connection on site.
3.4 SEPARATE CONNECTIONS; EXCEPTIONS. A separate and independent building sewer shall be provided for every building except where one or more than one multi-family structures are constructed on one contiguous tract or lots and designed to be operated collectively under single ownership (person, firm, or corporation), in such case a direct separate independent building sewer would not be required for each structure.
3.5 CUSTOMER CLASSIFICATIONS. The following classifications shall be used to determine applicable rate categories for customers:
a) WITHIN CITY. Customer within the city limits.
b) OUTSIDE CITY. Customer outside but immediately adjacent to the city limits.
3.6 BASIS FOR RATES. The sewer rates are designed to cover the cost, upkeep, and replacement of the Belvue sewer facilities. They are based on the amount of water used in the monthly billing cycle.
They are as established by resolution of the Mayor and Belvue City Council, shall apply to all applicable customers, and at the current time they are a $21 per month minimum fee for service, and free sewer to 3000 gallons a month, with a $.001 per gallon charge for any amount over 3000 gallons.
3.7 TEMPORARY OR SPECIAL SERVICE. The Mayor and Council may enter into contracts with any person for the use and maintenance of wastewater facilities upon such terms and conditions and for such term of years as deemed proper. Equitable and sufficient charges shall be established for connections to such systems to compensate for capital investments made by the city for wastewater treatment facilities.
3.8 DISPOSAL OF SEWAGE. It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public health nuisance as provided in KSA 12-1617e, and any other applicable State and Federal laws.
3.9 STANDARDS. All building sewers shall be constructed of materials which are approved by the Kansas Department of Health and Environment for the construction of lateral sewers. Building sewers shall be left uncovered until inspected, unless previous arrangement has been made with the Mayor and Council. In the case of saddle connections, after the saddle hole has been made in the receiving pipe, the pipe thoroughly cleaned and all excavation and bracing has been completed for the encasement, the city superintendent shall see the saddle installed and properly anchored
3.10 INSPECTIONS. All sewerage construction projects including treatment facilities, shall have a final inspection by a qualified inspector during active phases of sewerage construction to ensure that they comply with plans and specifications approved by the Kansas Department of Health and Environment to insure elimination of extraneous surface and ground water. This shall include inspection of all sewers and manholes before they are covered but after the sewers are bedded.
3.11 MAY REQUIRE PRETREATMENT. The city may require any customer to pre-treat its wastewater and reduce it to strength of normal wastewater and also may require those customers whose wastewater flow amounts to more than approximately 2% of the total municipal flow to construct receiving tanks and discharge their wastewater in an even flow rather than in slugs. The city may require any customer discharging above normal wastewater physical and chemical standards to construct a control manhole to facilitate observation, measurement and sampling of wastewater.
3.12 MUD, GREASE TRAPS. All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, grease, litter, water, animal products or waste, or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.
3.13 ROOF, FOUNDATION DRAINS. a) It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yard or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer. b) All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharges do not create a nuisance.
3.14 SAME; EXCEPTION. Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the city superintendent where there is a finding that such cooling water cannot be re-circulated and that such wastewater does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city.
3.15 PROHIBITED DISCHARGES. No person shall discharge any of the following waters or wastes to any public sewer:
a) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
b) Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;
c) Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
c) Garbage that has not been properly shredded;
d) Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;
e) Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
f) Waters or wastes containing a toxic poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;
g) Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
h) Noxious or malodorous gas or substance capable of creating a public nuisance.
Article 4. CROSS-CONNECTION CONTROL/WATER QUALITY
4.1 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this policy:
a) Air gap separation. Means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.
b) Approved tester. Means a person qualified to make inspections/ to test and repair backflow prevention/cross-connection control devices; and who is approved by the city
c) Authorized representative. Means any person designated by the city to administer this cross-connection control ordinance.
d) Auxiliary water supply. Means any water source or system, other than the city, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.
e) Backflow. Means the flow other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.
f) Backflow prevention device. Means any device, method, or type of construction intended to prevent backflow into the public water supply system.
g) Consumer. Means any individual, firm, partnership, corporation, or agency or their authorized agent receiving water from the city.
h) Contamination. Shall mean an introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health, or may cause an aesthetic deterioration, color, taste or odor.
i) Cross-connection. Shall mean any physical connection or arrangement between two (2) otherwise separate piping systems; one of which contains potable water of the public water supply system and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be backflow from the second system to the public water supply system. No physical cross-connection shall be permitted between a public water supply system and an auxiliary water supply system.
j) Degree of hazard. Shall mean an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.
k) Health hazard. Shall mean any condition, device, or practice in the public water supply system which could create or may create a danger to the health and well-being of anyone using the water or allow contamination of the water.
l) Public water system. Shall mean the water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumer's water systems.
m) Public water supply system. Shall mean the public water system and the consumer's water systems.
n) Consumer's water system. Shall mean all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.
o) Service connection. Shall mean the terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
4.2 CROSS-CONNECTION CONTROL GENERAL POLICY. The purpose of this policy is:
a) To protect the public water supply system from contamination.
b) To promote the elimination, containment, isolation, or control of cross connection between the public water supply system and non-potable water systems, plumbing fixtures, and industrial process systems or other systems which introduce or may introduce contaminants into the public water system or the consumer's water system.
c) To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination of the public water supply system.
d) Application. This ordinance shall apply to all consumers’ water systems. The city may also require cross-connection control devices at the service connections of other KDHE permitted public water supply systems served by the city.
e) Intent. This policy will be reasonably interpreted by the city. It is the intent of the city to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. If, in the judgment of the city or its authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumers shall immediately comply by providing the required protection at his own expense. Failure or refusal or inability on the part of the consumer to provide such protection shall constitute grounds for the discontinuation of water service to the premises until such protection has been provided.
4.3 CROSS-CONNECTIONS PROHIBITED.
a) No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the city or its authorized representative.
b) No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.
4.4 SURVEY AND INVESTIGATIONS.
a) The consumer's premises shall be open at all reasonable times to the city or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections in the consumer's water system.
b) On request by the city or its authorized representative, the consumer shall furnish requested information on water use practices within his premises and in the consumer's water system.
c) On request by the city or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer's water system to determine whether there are actual or potential cross-connections. The consumer shall provide the survey results to the city or its authorized representative.
4.5 WHERE PROTECTION IS REQUIRED.
a) An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the city or its authorized representative or the KDHE, actual or potential cross-connections exist. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.
b) An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the city or its authorized representative or the KDHE, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present a health hazard or contamination of the public water supply system from a cross-connection. This includes but is not limited to the following situations:
1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the city (or its authorized representative) and the KDHE.
2. Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
3. Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.
4. Premises having a repeated history of cross-connections being established or re-established.
5. Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
6. Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
7. Premises where toxic or hazardous materials are handled.
c) The following types of facilities fall into one or more of the categories or premises when an approved air gap separation or reduced pressure principle backflow prevention device shall be required by the city or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the city or its authorized representative and the KDHE:
1. Agricultural chemical facilities
2. Auxiliary water systems, wells
4. Bulk water loading facilities
5. Car washing facilities
6. Chemical manufacturing, processing, compounding or treatment plants
7. Chill water systems
8. Cooling towers
10. Fire protection systems
11. Hazardous waste storage and disposal sites
12. Hospitals, mortuaries, clinics or others as discovered by sanitary surveys
13. Irrigation and sprinkler systems
14. Laundries and dry cleaning
15. Meat processing facilities
16. Metal manufacturing, cleaning, processing and fabricating plants
17. Oil and gas production, refining, storage or transmission properties
18. Plating plants
19. Power plants
20. Research and analytical laboratories
21. Sewage and storm drainage facilities – pumping stations and treatment plants
22. Veterinary clinics
4.6 BACKFLOW PREVENTION DEVICES. Any backflow prevention device required by this ordinance shall be of a model or construction approved by the city (or its authorized representative) and the KDHE.
a) Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
b) Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this ordinance was passed and complies with required inspection and maintenance.
a) Backflow prevention devices required by this policy shall be installed at a location and in a manner approved by the city or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the city or its authorized representative agrees otherwise.
b) Backflow prevention devices installed at the service connection shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
c) Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturer’s recommendations.
4.8 INSPECTION AND MAINTENANCE.
a) The consumer shall inspect, test, and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the city or its authorized representative.
1) Air gap separations shall be inspected at the time of installation and at least monthly.
2) Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty months.
3) Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five years.
b) Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.
c) Whenever backflow prevention devices required by this policy are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer.
d) The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. All records of inspections, tests, repairs, and overhauls shall be provided within 30 days to the city or its authorized representative.
e) All backflow prevention devices shall have a tag showing the date of the last inspection, test, or overhaul or other maintenance.
f) Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the city or its authorized representative.
4.9 VIOLATION AND PENALTIES.
a) The city or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the city or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists.
b) Water service to such premises shall not be restored until the consumer follows this cross-connection ordinance to the satisfaction of the city or its authorized representative.
ARTICLE 5. WATER DROUGHT/EMERGENCY
5.1 DEFINITIONS. As used in this article, the words and phrases herein defined shall have the following meanings, unless the context otherwise requires.
a.) Water. Shall mean water available to the City of Belvue by virtue of the city’s water rights, water supply, water supply contracts, or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.
b.) Customer. Shall mean the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
c.) Waste of water. Includes, but is not limited to: (a) permitting water to escape down a street, a roadway, or other surface intended for vehicle driving purposes, or any gutter, ditch, or other surface drain; or (b) failure to repair a controllable leak of water due to defective plumbing.
d.) The following classes of uses of water are established for the purposes of this Article:
Class 1: Water used for outdoor watering; either public or private, for lawns, trees, shrubs, plants, parks, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
Class 2: Water used for any commercial, agricultural, or industrial purposes, except water actually necessary to maintain the health and personal hygiene of bona fide employees of such businesses or interests while such employees are engaged in the performance of their duties at their place of employment.
Class 3: Domestic usage, other than that which would be included in either Class 1 or 2.
Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.
5.2 DECLARATIONS. In the event that the Belvue Mayor and City Council determine that the city’s water supply may be subject to a shortage in supply or determines there is need for conservation of the city’s water resources for any reason, the city may begin the progressive three (3) stage water conservation program by declaring a Water Watch as follows; in times of need and/or duress, the Belvue City Council may choose to declare any section of the program described in the following to be placed in effect at any time:
a) Stage 1: Declaration of Water Watch. Whenever the Belvue City Council finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is probable, it shall be empowered to declare, by resolution, that a Water Watch exists and shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue for a one (1) month maximum, or until it is declared by resolution of the Belvue City Council to have ended. The resolutions declaring the existence and end of a Water Watch shall be effective upon their publication in the official city newspaper, or upon door-to-door or phone notice provided by City personnel.
b) Stage 2: Declaration of Water Warning. Whenever the Belvue City Council finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a Water Warning exists and will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the Belvue City Council to have ended. The resolutions declaring the beginning and ending of the Water Warning shall be effective upon their publication in the official city newspaper, or upon door-to-door or phone notice provided by City personnel. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the recommended restrictions on nonessential uses may be extended to private wells within the city limits.
c) Stage 3: Declaration of Water Emergency. Whenever the Belvue City Council finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the Belvue City Council to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper, or upon door-to-door or phone notice provided by City personnel. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the mandatory restrictions on water use may be extended to private wells within the city limits.
5.3 VOLUNTARY CONSERVATION MEASURES. Upon the declaration of a Water Watch or Water Warning, the City Council is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:
a) Class 1 uses of water.
b) Waste of water.
5.4 MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency, the Belvue City Council is also authorized to implement, by resolution, certain mandatory water conservation measures, including, but not limited to, the following conservation measures:
a) Suspension of new connections to the city’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;
b) Restrictions on the uses of water in one or more Classes of water use as described in Section 5.1 wholly or in part;
c) Restrictions on the sales of water at coin-operated facilities or sites;
d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
e) Complete or partial bans on the waste of water;
5.5 EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided above, the Belvue City Council shall have the power to adopt emergency water rates by resolution designed to conserve water supplies. Such emergency rates may be:
a) Higher charges for increasing usage per unit of use (increasing block rates);
b) Uniform charges for water usage per unit of use (uniform unit rate); or
c) Extra charges in excess of a specified level of water use (excess demand surcharge).
5.6 REGULATIONS. During the effective period of any water supply emergency as provided for above, the City Council is empowered to promulgate such regulations as may be necessary to carry out the provisions of this Article.
5.7 VIOLATIONS, DISCONNECTIONS AND PENALTIES. a) If the city superintendent learns of any violation of any water use restrictions imposed by Sections 5.4 or 5.6 of this Article, a written notice of the violation shall be mailed to the customer of record and/ or any other person known to the city to be responsible for the violation. Said notice shall describe the violation(s) and order that the noted violation(s) be corrected within such specified time as the city determines is reasonable for such correction under the circumstances. In the event the order is not cured within the time period given in the notice, the city may terminate water service to the customer as per Section 1.8
5.8 EMERGENCY TERMINATION. Nothing in this Article shall limit the ability of the Belvue City Council from terminating the supply of water to any or all customers upon the determination of such Belvue City Council that emergency termination of water service is required to protect the health and safety of the public, or for any other emergency as required or authorized by this Article or as deemed necessary by the Belvue City Council.