WATER ORDINANCE NO. 2007-1

BEING AN ORDINANCE SETTING THE WATER RATES IN THE CITY OF COLDWATER, KANSAS; AND REPEALING THE PRIOR WATER RATE STRUCTURE FOR THE CITY OF COLDWATER, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF COLDWATER, KANSAS:

Section 1:  Water Rates.  The following monthly water rates are hereby established for water furnished by the City of Coldwater, Kansas, as follows:

Section 2.  Billing.  All water bills due the city shall be payable monthly.  Meters shall be read by the 15^th day of the month, the bills printed by the 20^th day of the month and all such bills shall be paid on or before the 6th day of the following month.

Section 3.  Over-due Penalty.  All water bills due the City of Coldwater, not paid by the 6th day of the month following the billing, shall be subject to a ten percent (10%) penalty of the unpaid balance of said monthly bill.  Said penalty shall be added to the bill and shall be collected with and in the same manner as the original bill.

Section 4.  Delinquent Accounts.  Water shall be terminated for nonpayment of charges.  Termination of service shall occur if such utility charge is not paid in full at the city office by the 20^th day of the month in which such charge was billed to the customer.  The city will give delinquent notices for non payment of charges to the customer by the 7^th day of each month notifying the customer that service shall be terminated if such charges are not paid in full at the city office by the 20^th day of the month in which such charge was billed to the customer, unless arrangements are made with the City Clerk.  A fee of $25.00 shall be charged to reconnect a previously disconnected water service customer.

Section 5.  This ordinance raises the usage charge by nineteen (19) cents per 1,000 gallons, and the base rate by ten (10)dollars.  This repeals any previous ordinance, plan or rate structure adopted by the governing body for the City of Coldwater establishing water rates for the City of Coldwater, Kansas.

Section 6.  This ordinance shall take effect and be in full force and effect September 1, 2007.

PASSED AND APPROVED this 13th day of August, 2007,

 Anthony W. Smith

 Mayor

ATTEST:

Kristal Sherman

City Clerk

Water Drought/Emergency Ordinance
Ordinance No. 2003-2

An ordinance authorizing the declaration of a water watch, warning or emergency; establishing procedures and voluntary and mandatory conservation measures; authorizing the issuance of administrative regulations; and prescribing certain penalties.

Be it Ordained by the Governing Body of the City of Coldwater

Section 1. Purpose. The purpose of this ordinance is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared.

Section 2 Definitions.

(a) "Water", as the term is used in the ordinance, shall mean water available to the City of Coldwater for treatment by virtue of its water rights 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", as the term is used in this ordinance, 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", as the term is used in this ordinance, includes, but is not limited to: (1) permitting water to escape down a gutter, ditch, or other surface drain; or (2) failure to repair a controllable leak of water due to defective plumbing.

(d) The following classes of uses of water are established:

Class 1:
Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, of the exterior of any building or structure.

Class 2:
Water used for any commercial or industrial, including agricultural, purposes: except water actually necessary to maintain the health and personal hygiene of bona fide employees 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 classes 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.

Section 3. Declaration of Water Watch. Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body 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.

Section 4. Declaration of Water Warning. Whenever the governing body of the City 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 that it 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 governing body 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.

Section 5. Declaration of Water Emergency. Whenever the governing body of the City 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 that it 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 governing body 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.

Section 6. Volunta[y Conservation Measures. Upon the declaration of a water watch or water warning as provided in Sections 3 and 4, the mayor 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 I uses of water. (b) Waste of water.

Section 7. Mandatory Conservation Measures. Upon the declaration of a water supply emergency as provided in Section 5, the mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
(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, 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; and
(f) Any combination of the foregoing measures.

Section 8. Emergency Water Rates. Upon the declaration of a water supply emergency as provided in Section 5, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to: (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).

Section 9. Regulations. During the effective period of any water supply emergency as provided for in Section 5. the mayor is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.

Section 10. Violations, Disconnections and Penalties.
(a) If the mayor or other city official(s) charged with the implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to Sections 7 or 9 of this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record or any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or rnailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not compiled with, the City may terminate water service to the customer subject to the following procedures:
(1) The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body;
(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and (3) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections.
(c) Violations of this ordinance shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal court of violating the provisions of this ordinance shall be guilty of a municipal offense. Each day's violation shall constitute a separate offense. The penalty for an initial violationshalibeamandatoryfineof$100. lnaddition,suchcustomermaybe required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days.

Section 11. Emergency Termination. Nothing in this ordinance shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

Section 12. Severability. If any provision of this ordinance 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 hereby.

Section 13. This ordinance shall become effective upon its publication in the official city newspaper.

Passed by the governing body this 13th day of January, 2003.

Roy Hoffman, Mayor

Attest:
TruDee Little, City Clerk

ORDINANCE NO. 2002-4
TO AMEND ORDINANCE NUMBER 2002-1

AN ORDINANCE RELATING TO THE PROVIDING FOR THE REGULATION OF THE PARKING OF SEMI-TRACTORS AND SEMI-TRACTOR TRAILERS, THE ESTABLISHMENT OF DESIGNATED TRUCK ROUTES, AND THE RESTRICTION OF THE USE OF ENGINE BRAKES WITHIN THE CITY OF COLDWATER, COMANCHE COUNTY, KANSAS, AND PROVIDING FOR THE ENFORCEMENT THEREOF AND THE PENALTY FOR VIOLATION THEREOF.

BE IT ORDAINED BY TBE GOVERNING BODY OF THE CITY OF COLDWATER, KANSAS:

SECTION 1. It shall be unlawful to park a semi-tractor trailer, regardless of weight within the City of Coldwater, Kansas except as hereinafter provided:

a. Parking will be permitted only when it is necessary for the loading or unloading of merchandise or goods.

b. Semi-tractors and semi- tractor-trailers may be parked any where within the City of Coldwater zoned as Industrial.

c. Semi-tractors and semi-trailers may be parked upon private property within the City of Coldwater in areas zoned as Conmiercial.

d. Semi-tractors and semi-tractor- trailers may be parked in designated areas not mentioned above where a permit has been issued by the Comanche County Sheriff a Department.

SECTION 2. The use of engine brakes inside the city limits of Coldwater, Kansas is prohibited.

a. Engine brakes shaff not be used within the city limits of Coldwater, Comanche County, Kansas.

a-1. "Engine Brakes" defined for the purpose of " ordinance shall include any mechanical engine braking systems any exhaust braking systens or any other system designed to retard engine speed.

b. Signs shall be posted at each city limit location and other locations the city works department finds appropriate.

b-1. The signs shall be of a white background with red lettering.

b-2. Ile signs shall have the lettering "Engine Brakes Prohibited".

SECTION 3. Truck Routes.

a. It shall be urdawful for any vehicle having a licensed or registered gross vehicle of more than 24,000 pounds to enter upon or to be operated upon any street or alley within the city except those streets designated as and identified as truck routes.

b. The provisions of this section shall not be applicable to those vehicles engaged in repairing, maintaining or constructing streets, alloys, utility services, conducting refuse and solid waste collections, or other city vehicles, vehicles carrying goods, wares, merchandise or other articles to and from any house, residence or business establishment within the city, provided the vehicle takes the most direct route to and from the facilities on the routes designated in this section. Further, an vehicles to which the designated routes are applicable shall be permitted to enter upon streets and alleys in areas under construction or where construction and building are taking place for the purpose of delivery and receiving construction goods or nigerials to any location in the city provided the vehicle takes the most direct route to and from the location by the designated routes in this section when entering or leaving the construction area or area where building is taking place.

c. The following street segments are designated as truck routes within the City of Coldwater:

1. West 3d from Central to the West City Limit.

2. Central from the North City Limit to the South City Limit.

3. Fourth Street from East City Limit to Central Avenue.

SECIION 4. Any person, firm partnership, association, corporation or company violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fuied not less than $40.00, nor more than $500.00 or by imprisonment for not more than five (5) days or by both fme and imprisonment provided that each day's violation shall be separate offense.

All other ordinances or pads of ordinances in conflict are hereby repealed. This ordinance shall take effect and be in full force from and after its publication in The Western Star, the official city newspaper.

Passed and approved by the Mayor this 9tb day of September, 2002.

Roy Hoffman, Mayor

Attest:
TruDee Little, City Clerk