Chapter XV · Utilities

Article 3. Gas Service

Sections 15-301 to 15-319 · 19 sections

15-301 Rules.

The rates, rules and regulations hereinafter set forth shall constitute and be considered a part of contract with every person, company, firm or corporation supplies with gas from the gas system of the city, and every person, company, firm or corporation, hereinafter called the consumer, who accepts and uses gas shall be held to have consented to be bound thereby.

(Code 1984, 15-401; Code 2012)

15-302 Gas service lines and yard lines.

The City shall install and maintain yard lines from the gas service lines to the point at which the yard line enters the building or buildings to be served by gas. The property owner shall pay the initial costs of the installation of the gas service lines and yard lines and thereafter the City shall maintain the service lines and yard lines at the expenses of the City. If the City adopts a replacement program for cast iron gas mains, laterals, service lines under which a yard line is replaced pursuant to the adopted program, then the property owner shall pay the costs of replacement of the yard line from the end of gas service lines to the point at which the yard lines enter the building or buildings to be served. Only city employees covered by the Anti-Drug Program for the City of McLouth shall install or repair gas service lines and yard lines.

(Ord. 90-9; Code 2012)

15-303 No inter-connections.

No plumber, consumer or other person shall extend pipes from one property or street number to another one.

(Code 1984, 15-412; Code 2012)

15-304 Stop cock.

There shall be a stop cock placed in each service line, protected by a cast iron service box and consumers shall not allow such boxes to become stopped up or covered with dirt and shall keep same in view above the ground at all times. No stop cock shall be turned off by any consumer at any time, but in case of accident or damage to any line, the consumer shall promptly notify the city clerk who shall arrange for cut-off service.

(Code 1984, 15-414; Code 2012)

15-305 Prohibited acts.

No person shall remove, obstruct, alter or injury any pipe, connection, valve, box, meter or in any way injure or damage any building, machinery, fixture, or appurtenance of the gas system of the city, or carry off or injure any pipe, tools, fixtures, supplies or apparatus, or other property appertaining to the gas system of the city. In addition to penalties otherwise available under this code, the municipal court may order a person found guilty of violating this section to pay any and all costs of repair or replacement incurred by the city due to such violation.

(Code 1984, 15-417; Code 2012)

15-306 Unauthorized turning on gas.

If any person or persons shall turn the gas on or cause same to be turned on upon any premises where gas may be shut off for any of the reasons herein provided, without authority from the superintendent, he or she shall be deemed guilty of a violation of this article. In addition to penalties otherwise available under this code, the municipal court may order a person found guilty of violating this section to pay any and all costs incurred by the city due to such violation.

(Code 1984, 15-418; Code 2012)

15-307 Excavations; damage prevention program.

The City of McLouth, KS recognizes its obligation mandated by Section 192.614 and the final rule implements S 3 (a)(2) of the National Gas Pipeline Safety Act of 1968 (49 U.S.C. 1672(a)(2) to have a damage prevention program to reduce the risk of excavation damage to buried gas pipelines in populated areas.

(Ord. 90-7; Code 2012)

15-308 Same; rules and regulations.

This article shall be and provide for rules and regulations to meet the above state requirements.

(Ord. 90-7; Code 2012)

15-309 Same; identification of excavators.

(a)The City of McLouth, KS recognizes the identity of the majority of the excavators normally conducting their business in the local area.

(b)The City of McLouth, KS also recognizes that outside excavators may contract their business within the City; therefore, the following procedures shall be followed:

(1)Notification of this article, after its publication, shall be followed by a notice in the official city newspaper and by the means of an advertisement format to provide all persons, including the general public, of the requirements.

(2)A copy of this article and any additional regulations shall be provided to all local known excavators.

(3)A copy of this article and any regulations allowed thereto shall be provided an applicant for an excavation permit.

(4)It is recognized that the purpose of the program is to provide the best, under known technology, a procedure under which all concerned, i.e., the public, the contractors and the City of McLouth, KS with a tool to assure the safety needed to relate to an excavation near existing gas lines.

(Ord. 90-7; Code 2012)

15-310 Same; definition of excavation activities.

Excavation Activities — shall mean any excavation, including, but not limited to, excavation for any building, structure, underground line, pole, tower foundation, as well as blasting, boring tunneling, backfilling, and including removal of any above or below ground structure by either explosives or mechanical means, as well as any other earth moving operation.

(Ord. 90-7; Code 2012)

15-311 Same; location of cover areas.

(a)This article is applicable to the location of all gas lines located on public rights-of-way, or city owned easements.

(b)This article does not pertain to the privately owned gas service lines.

(Ord. 90-7; Code 2012)

15-312 Same; location of gas lines.

The City of McLouth, KS will provide the location of all gas lines on public right-of-way and/or city owned easements upon request after the application for same has been requested under the provisions outlined elsewhere in this article.

(Ord. 90-7; Code 2012)

15-313 Same; excavation permit; application.

Any person, persons, or firms desiring to excavate near a gas line shall observe the following:

(a)Apply for a permit from the city clerk, with a payment therefor in an amount of $5. Said permit to be issued in duplicate. The original to remain filed in the city clerk’s office and the duplicate furnished the contractor requesting the permit.

(b)The permit shall contain, but not be limited to, the following information:

(1)Name and address of the applicant.

(2)Time and date of commencement of activities.

(3)Date and application.

(4)Telephone number of applicant.

(5)Description of project, including footage involved, if applicable.

(6)Estimated time and date for completion of project.

(7)Evidence of insurance coverage.

(8)Dates of inspection by the City and final approval date by the City.

(Ord. 90-7; Code 2012)

15-314 Same; blasting insurance.

(a)If blasting is required on the project, a special insurance policy, provided by the applicant, shall be provided in an amount designated by the City Administrator, and/or Mayor.

(b)If permission is granted for blasting, the City, or the applicant, must provide a leak detection survey which will be performed prior to acceptance by the City.

(Ord. 90-7; Code 2012)

15-315 Same; inspection.

The City will provide inspection at no cost to excavation applicant.

(Ord. 90-7; Code 2012)

15-316 Same; emergency call procedure.

The City of McLouth, KS does provide “on call” service in and after normal working periods by request made to the Police Department and/or Sheriff Department.

(Ord. 90-7; Code 2012)

15-317 Same; insurance requirements.

(a)All excavators requiring a permit under the provisions of this article shall provide or have on file with the City insurance coverage in the following amounts:

(1)$300,000 General Liability Single Limit or $100,000/$300,000 for Bodily Injury and $100,000 Property Damage. Completed operations coverage in the amounts outlined above.

(2)Said insurance coverage shall provide for a 10 day notice of cancellation to the City of McLouth, KS.

(Ord. 90-7; Code 2012)

15-318 Same; penalty.

Failure to comply with this article shall provide, after the establishment of guilt, a maximum fine of $500.

(Ord. 90-7; Code 2012)

15-319 Service connections required; unfit dwelling.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near city gas lines, which is not fully powered by electrical service, is required to make connection to such city gas service. Failure for properties required to be serviced by gas to connect to city gas service shall result in the house, building or property being deemed unfit for human use or habitation per Section 4-601 of this Code.

(Ord. 2023-12)