Chapter XV · Utilities

ARTICLE 6. IMPROVEMENTS; CLASSIFICATION; FORMULA

Sections 15-601 to 15-621 · 21 sections

15-601 City supply water equipment to users.

The city will construct, maintain, own, and operate water plant, pipelines, pumping stations, storage, reservoirs, elevated storage, and appurtenances for the purpose of supplying water to residential, commercial, and industrial users within the city and in adjacent areas outside the city under the following terms and conditions.

(Code 1977, 1-801)

15-602 General terms.

General terms under which main extensions will be made to serve new customers will include, but not necessarily be limited to, the following conditions: All customers obtaining water service from the Eudora Water and Sewer System shall conform to all rules and regulations, ordinances, rates, conditions of service, and practices now prevailing, or which may be established by the city in the future.

(Code 1977, 1-802)

15-603 City reserves right to determine service.

The city reserves the right to refuse service, or to limit service, where the extension of service conflicts with the general policy of the city or jeopardizes service to then existing customers.

(Code 1977, 1-803)

15-604 Water mains, sewer lines; inside, outside city limits.

Water distribution mains will be extended into areas within or outside the city limits, and sewerage will be extended inside the city or sewage accepted from areas outside the city only after the areas in which main extensions are desired have been platted in accordance with the subdivision requirements of the city and the platting approved by the governing body. Consideration will be given to structures existing on small, isolated tracts and adjacent to the system which desire service upon filing of “Agreements to Plat.” This provision, however, is to be limited to such situations as would be impractical to plat on a small scale, where proper planning would necessarily require the platting of a larger area to assure conformity to the city’s master plan. Extension of service to existing structures on unplatted areas shall not relieve owners of such property of payment for water distribution mains when, and if, by platting the property, distribution mains will be required. Such property shall also be subject to inclusion in future sanitary sewer benefit district if, and when, created to serve the area in which the property is located, except those connections as made under provisions of section 15-606.

(Code 1977, 1-804)

15-605 Financing necessary before service extended.

Water service will not be extended to any user until provisions have been made for the financing of necessary sanitary sewerage facilities to serve that user, and the construction of these sewerage facilities is assured, with the following exceptions:

(a)Where water is to be used for industrial, agricultural, or other purposes that do not result in the production of other objectionable wastes.

(b)Where the construction of sanitary sewers cannot be consummated due to reasons beyond the control of the proposed user and where the user can provide independent methods of sewage disposal in a manner approved by the public health authorities and by the city. Septic tanks or similar means of disposal shall not be approved for other than isolated farm dwellings.

(Code 1977, 1-805)

15-606 Acceptance of sewerage; outside city.

Acceptance of sewerage from areas outside the city will be made only:

(a)In conformance with laws regulating county benefit districts, or,

(b)Where the entire cost of sewers serving industrial establishments or subdivisions are paid by individuals, corporations, or others, or

(c)Where isolated property borders existing city sewers and where the isolated property owner makes a payment to the city for the connection in accordance with established sewer connection fees.

(Code 1977, 1-806)

15-607 Acceptance of sewage; where.

Acceptance of sewage from individuals, subdivisions, benefit districts, institutions, or industrial establishments will be at points of connection to the city sewerage system where adequate capacity is available (or where the city proposes to make adequate capacity available) and all such proposed connections shall be at points designated by the city.

(Code 1977, 1-807)

15-608 Construction; sewers, appurtenances.

All sewers and appurtenances, including house connections, shall be constructed in accordance with designs, sizes, materials, plans, specifications and construction supervision approved by the city. All sewer lines constructed in areas outside the city which contribute to the city sewerage system shall become the property of the city when and if, the areas in which the lines are located are annexed to the city and the city’s ownership and responsibility therefore shall be on the same basis as if the lines were originally constructed within the city. The city will not, however, accept responsibility for indebtedness incurred in the original construction of the sewer lines except to the extent required by law.

(Code 1977, 1-808)

15-609 Construction; water mains.

All water mains, valves, fire hydrants and appurtenances will be constructed in accordance with the designs, plans and specifications established by the city and all such facilities shall remain the property of the city.

(Ord. 627-A, Sec. 1)

15-610 Compliance with plumbing and sanitary codes.

Water and sewer service will be furnished only to premises complying with the applicable plumbing and sanitary codes and regulations of the city.

(Code 1977, 1-810)

15-611 Water supply.

Before approval of a final plat, the subdivider shall present evidence as to the adequacy and potability of water available for domestic use in the subdivision. Fire hydrants shall be provided as an integral part of any public water system.

(Ord. 627-A, Sec. 1)

15-612 Installation of water conduits.

(a)Scope. This section covers the installation of conduits to be placed by the property developer allowing for future water service lines (one inch and smaller) to serve all lots not directly adjacent to a public water main. Conduits are to be placed from the public water main to the opposite right-of-way prior to paving street. The future water service line will be installed by the city at the time of house construction.

(b)Materials.

(1)Pipe-conduit material shall be Schedule 80 PVC, SDR35 sewer pipe. Class 200 water line pipe or better at the size directed by the city.

(2)Embedment (trenching only) - All pipe to be embedded in sand four inches below the bottom of the conduit and four inches above the top of the conduit.

(3)Backfill (trenching only) - All backfill material from the top of the embedment to the pavement subgrade elevation is to be AB3 as specified in the Kansas Department of Transportation Standard Specifications for state road and bridge construction (latest edition).

(4)Conduit is to be capped at both ends.

(c)Installation.

(1)Conduit for water service shall be installed with 42 inches of cover over top of pipe,

(2)Trenching (if trenching method is selected) - The trench width shall not exceed the outside diameter of the conduit plus four inches.

(3)Boring - If the boring method is selected, the conduit shall be bored or pushed at the appropriate depth. No additional casing or bore width is required.

(d)Location.

(1)Location of all conduits to be reviewed and approved by the city. A “W” is to be chiseled on the top of the curb directly above the conduit on the water main side of the street.

(Ord. 627-A, Sec. 1)

15-613 Short main extensions.

Where short main extensions are desired on isolated streets, and where such extensions serve a diversified property ownership, the city will at its option, make such main extensions when payment is made in advance by the property owners served by such extension.

(Ord. 627-A, Sec. 1)

15-614 Provisions for main extension charges, refunds.

The provisions for main extension charges set forth above are based on the assumption that the area to be served is contiguous to areas in which distribution mains exist at the time the proposed extensions are contracted for, or that the areas are contiguous to other areas in which distribution mains have been contracted.

(a)The city may, at its option, serve isolated subdivisions, in which case the subdivider or interested parties shall pay for all distribution mains serving the subdivision or isolated property in accordance with the provisions set forth above. In addition to the direct payment for local distribution within their areas, the developers of the isolated subdivision shall pay for the connecting pipeline required between the isolated subdivision and the nearest existing main, six inches or larger in size, for which financing has already been established.

(b)The city shall refund to the person or persons (the initial agreement shall name an individual or a firm to receive the refund), paying the costs of the connecting pipelines when revenue producing customers are connected to the mains or other subdivisions are designated to be served by the connecting main. The connecting main shall be owned and maintained by the city.

(c)The total amount of the refund shall not exceed the amount of the original cost of the connecting main, and no refund shall be made after a date of five years following the installation of the connecting pipeline.

(d)The city shall retain ownership and complete control of the connecting pipelines, as well as all other distribution lines and shall have the right to connect additional customers in accordance with established rules and regulations, or future modifications thereof. Service to property abutting the connecting pipeline will be furnished by the city upon payment of the established charge prevailing at the time the connection is made. This payment shall be made to the city, and the persons paying the original costs shall have no right to any payment refunds other than those set out above.

(Ord. 627-A, Sec. 1)

15-615 Local distribution mains; water service.

All property obtaining water service shall pay for local distribution mains according to the established regulations whether service is obtained from a main constructed primarily for the purpose of serving that property and adjacent property, or whether service is obtained from transmission mains or other pipelines existing at the time the connection is desired.

(Ord. 627-A, Sec. 1)

15-616 Divided property charged for distribution mains; when

In the event property abutting distribution mains, for which the property has paid the cost of distribution main, is of sufficient depth that later subdivision of the property is such that water service is desired from mains abutting the opposite frontage from that previously charged, the property shall be charged for distribution main service on the frontage abutting the additional main or mains.

(Code 1977, 1-816)

15-617 City make extensions where justified.

The city may, at its option, make extensions to the water distribution system to serve special institutional or industrial developments where contracted or estimated revenues will justify the cost of such extensions. Where distribution system extensions abut commercial and industrial property and provide service thereto at the established rates and under normal conditions of service, the property shall be charged for distribution system mains in the same manner outlined above.

(Code 1977, 1-817)

15-618 City maintain water service at satisfactory pressures

The city will provide water service at pressures, normally satisfactory for residential purposes. Any customers requiring pressures higher than normally maintained in the system, or abnormal quantities of water for fire protection or other special purposes, shall provide additional pumping and storage facilities within his or her property and shall also pay for the additional expense to the city in providing additional transmission mains or other facilities required to provide such special service, either through rates or through contributions to the construction of such additional facilities. Service of a special nature will be rendered only at the option of the city and under conditions which will not interfere with normal service to the other customers.

(Code 1977, 1-818)

15-619 Water for fire protection.

Water for fire protection will be provided by the city with fire hydrants installed at intervals comparable to those throughout the city. Fire hydrants will be installed when water mains are extended and the cost will be borne by the property benefitting from the main extension.

(Ord. 627-A, Sec. 1)

15-620 Storm sewer improvements and management plan.

The costs of all storm sewer improvements will be assessed against the property benefitted by the improvements. A storm water management plan shall be submitted to the city for approval when any lots or parcels are to be improved. The plan shall contain the following information:

(a)A contour interval containing topographical information of the land to be developed and adjoining land whose topography may affect the proposed layout or drainage pattern for the development.

(b)The location and flow line elevation which falls within the project limits and within a distance of 500 feet beyond the exterior boundaries of the project.

(c)Detailed information of runoff anticipated for the entire project site following development, indicating design volumes and rates of proposed runoff for each portion of the watershed tributary to the storm drainage system.

(d)A layout of the proposed storm water management system, including the location and size of all drainage structures, storm sewers, channels and detention basins.

(Ord. 627-A. Sec. 1)

15-621 Sanitary sewer improvements.

The entire cost of all main trunk sewers, as projected for service for the entire city, as designated on a sewer plat by Black and Veatch, consulting engineers, will be borne by the city at large, by the issuance of water and sewer revenue or general obligation bonds, as the governing body may determine. The costs of all lateral sewers, as distinguished from main sewers, shall be assessed against the property benefitted on a front foot, or square foot, basis; or appraisals made by city appointed appraisers as provided by law, on all lots or parcels of ground within the improvement district.

(Code 1977, 1-821)