Chapter XV · Utilities

Article 2. Water

Sections 15-201 to 15-230 · 30 sections

15-201 Superintendent of water.

The general management, care, control and supervision of the city water system shall be in the superintendent of water, who shall be hired by the governing body.

(Code 1998)

15-202 Regulations.

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.

(Code 1998)

15-203 Service not guaranteed.

The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers

(Code 1998)

15-204 Service connections required.

(a)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 public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b)Before any connection is made to the city’s water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(Code 1998)

15-205 Application for service.

(a)Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.

(b)The application shall:

(1)Contain an exact description including street address of the property to be served;

(2)State the size of tap required;

(3)State the size and kind of service pipe to be used;

(4)State the full name of the owner of the premises to be served;

(5)State the purpose for which the water is to be used;

(6)State any other pertinent information required by the city clerk;

(7)Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.

(c)Upon completion of the application for service, the city clerk shall inform the water superintendent of the application. The water superintendent will then review the application and notify the applicant of any abnormalities.

(Code 1998)

15-206 City to make connections.

All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only.

(Code 1972, 12.04.010; Code 1998)

15-207 Connection fees.

The fees for connection to the city waterworks system shall be as follows:

(a)Upon approval by the water superintendent, he or she shall prepare a written estimate for the cost of the water service. This estimate shall include all materials necessary to tap the main, install service line, set meter box and lid, install meter connections, and install customer service line, not to exceed three feet beyond meter tile and road bores. Materials used will be billed at city invoice cost. Once the estimate is complete, a copy will be submitted to the applicant and the city clerk

(b)A fee of $150 shall be payable at the time of making application for the permit and connection.

(c)Prepayment of bill and fee is required before work will begin. Upon payment of billing by applicant, the city clerk will inform the water superintendent of such payment, the water superintendent will then and only then, install the service.

(Code 1998; Ord. 1331)

15-208 Curb cocks.

There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable “T” handles.

(Code 1998)

15-209 Check valves

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch.

(Code 1998)

15-210 Unauthorized service.

It shall be unlawful for any person, firm, or corporation, other than duly authorized employees to tum water on or off at the water meter or curb cock shut off, with a key or in any other manner, except in case of emergency.

(Code 1972, 12.04.030; Code 1998)

15-211 Meters.

(a)All water furnished to customers shall be metered.

(b)Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

(c)The city’s responsibility stops at the meter.

(Code 1998)

15-212 Same; testing.

Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and a charge of $10 will be made to the customer.

(Code 1998)

15-213 Tampering with meter.

It shall be unlawful for any person to 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.

(Code 1998)

15-214 Leaks prohibited; penalty.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive.

(Code 1972, 12.04.100; Code 1998)

15-215 Delinquent accounts.

Water service shall be terminated for nonpayment of service fees or charges pursuant to Article 1 of this chapter.

(Code 1998; Code 2018)

15-216 Utility deposit.

At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service.

(Code 1998)

15-217 Interrupt service.

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 1998)

15-218 Prohibited acts.

It shall be a violation of this article for any unauthorized person to

(a)Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond the meter unless such person is employed by the city.

(b)Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;

(c)Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city, with the exception of emergency shutoff of water supply to prevent imminent damage to a structure.

(1)Damage to meter or any other City equipment in the meter pit, including the lid will be the responsibility of the customer and assessed on the next billing cycle.

(2)In the event a meter has to be shut off to protect a customer’s property, it will be required that a whole-house shutoff be installed on the customer’s side of the line after the meter to prevent customer from having to access inside the pit in the future.

(d)With prior authorization from the Director of Public Works, a licensed and permitted plumber performing work outside of the City’s normal business hours may access a meter pit in order to shut off the water supply.

(1)Authorization may be denied to a plumber who has a history of causing damage to City property.

(2)Authorization may be denied to a plumber who has, at any point in time, accessed a meter pit without obtaining proper authorization from the Director of Public Works.

(3)Outside of normal business hours, authorization may be obtained by contacting the Fire Department.

(4)Authorization will only be granted once per property. Property owner will be required to install a shutoff valve on the customer’s side of the line once an authorization to access the meter pit is granted.

(Code 1998; Ord. 1318)

15-219 Wasting water.

Water users 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.

(Code 1998)

15-220 Right of access.

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines.

(Code 1998)

15-221 Rates.

(a)The following rates shall become effective upon the October 2023 billing statements based on the September 2023 water readings.

(1)Inside Corporate Limits (Residential).

(A)Base Rate (first 1,000 gallons) $25.85

(B)Water usage above 1,000 gallons $11.26 per 1,000 gallons

(2)Inside Corporate Limits (Commercial)

(A)Base Rate (first 1,000 gallons) $31.85

(B)Water usage above 1,000 gallons $11.26 per 1,000 gallons

(3)Outside Corporate Limits.

(A)Base Rate (first 1,000 gallons) $36.85

(B)Water usage above 1,000 gallons $14.08 per 1,000 gallons

(4)Minimum Charge. The minimum charge for all residential customers within the corporate limits of the city shall be $25.85 per month, the minimum charge for all commercial and industrial customers within the corporate limits of the city shall be $31.85 and for all consumers outside the corporate limits of the city, the minimum charge shall be $36.85 per month. Charges will be made in increments of 1,000 gallons. In case any meter fails to register for any cause or due to inclement weather that puts the service or meter reader in jeopardy, the amount charged for water during such period shall be estimated by the meter reader. Such estimate to be based on the average amount registered in proceeding like periods.

(b)The following rates shall become effective upon the May 2024 billing statements based on the April 2024 water readings.

(1)Inside Corporate Limits (Residential).

(A)Base Rate (first 1,000 gallons) $31.85

(B)Water usage above 1,000 gallons $11.26 per 1,000 gallons

(2)Inside Corporate Limits (Commercial)

(A)Base Rate (first 1,000 gallons) $36.85

(B)Water usage above 1,000 gallons $11.26 per 1,000 gallons

(3)Outside Corporate Limits.

(A)Base Rate (first 1,000 gallons) $41.85

(B)Water usage above 1,000 gallons $14.08 per 1,000 gallons

(4)Minimum Charge. The minimum charge for all residential customers within the corporate limits of the city shall be $25.85 per month, the minimum charge for all commercial and industrial customers within the corporate limits of the city shall be $31.85 and for all consumers outside the corporate limits of the city, the minimum charge shall be $36.85 per month. Charges will be made in increments of 1,000 gallons. In case any meter fails to register for any cause or due to inclement weather that puts the service or meter reader in jeopardy, the amount charged for water during such period shall be estimated by the meter reader. Such estimate to be based on the average amount registered in proceeding like periods.

(c)Definition: Residential and Commercial users shall be defined by the classification established by the user’s electric service.

(Ord. 1092; Ord. 1170; Ord. 1192; Ord. 1209; Ord. 1246; Ord. 1257; Ord. 1280; Code 2018; Ord. 1376)

15-222 Payment of bills.

All water bills for the previous month’s water service shall be paid on or before the 16th day of the month at 12:00 p.m. (noon) following the service. For any billing not paid when due a late charge of 10% will be added to the bill.

(Code 1998)

15-223 Delinquent accounts; notice; hearing; finding; liability.

Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104.

(Code 1998)

15-224 Use during fire.

No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire.

(Code 1998)

15-225 Cross-connections prohibited.

No person shall establish or permit to be established or maintain or permit to be maintained, any cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body.

(Code 1998)

15-226 Same; protective backflow devices required.

Approved devices to protect against backflow or back siphonage shall be installed at all fixtures and equipment where backflow and/or back siphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop which could lead to back siphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive valves and systems as determined by the superintendent.

(Code 1998)

15-227 Same; inspection.

The code compliance officer shall have the right-of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city.

(Code 1998)

15-228 Same; protection from contaminants.

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its code compliance officer may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the city code compliance officer may terminate water service to any property where the cross connections or back siphonage condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply.

(Code 1998)

15-229 Incorporation by reference.

There is hereby incorporated by reference for the purpose of regulating cross connections between the city public water supply and any sources of contamination that certain manual herewith adopted by the governing body of the city known as Manual of Regulations Regulating Backflow and Back siphonage of Contaminants Due to Cross Connections for the City of Girard, Kansas Public Water Supply. No fewer than three copies of the manual shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1046” and to which shall be attached a copy Ordinance No. 1046, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1046, Sec. 6)

15-230 Violations and penalties.

Any person, firm, or corporation violating the provisions of this chapter shall upon conviction thereof be punished by a fine of no less than $50.

(Ord. 1318)