(a)   PURPOSE. The purpose of this section is to create a Public Works Department for the City of Council Grove, Kansas, to allow a more efficient operation of the departments currently known as the Water, Sewer and Street Departments.

(b)   PUBLIC WORKS DEPARTMENT: There is hereby created the Department of Public Works for the City of Council Grove. It will include the departments currently known as water and sewer and streets.

(c)   PUBLIC WORKS DIRECTOR. There is hereby created the position of Public Works Director for the City of Council Grove. That person shall be in charge of the day-to-day operations of the department and will supervise the employees in that department. If no person is specifically appointed as the Public Works Director, it shall be the City Administrator for the City of Council Grove.

(d)   UTILITIES SUPERINTENDENT. There is hereby created the position of Utilities Superintendent. The Utilities Superintendent shall be in charge of the day-to-day operations of the water and sewer system for the City of Council Grove. That person shall report to the Public Works Director. The Utilities Superintendent shall be in charge of all subordinate personnel within the department.

(e)   ROAD AND PARKS SUPERINTENDENT. There is hereby created the position of Road and Parks Superintendent. The person serving in that capacity will be in charge of the day-to-day operations of all roads within the City and at the Council Grove Lake Park and all city-owned parks, including the Council Grove Lake Park. That person shall report to the Public Works Director. The Road and Parks Superintendent shall be in charge of all subordinate personnel within the department.

(f)   UTILITIES FOREMAN. There is hereby created the position of Utilities Foreman. That person shall operate under and report to the Utilities Superintendent. Utilities Foreman shall be in charge of all subordinate personnel in the absence of Utilities Superintendent.

(g)   ROAD AND PARKS FOREMAN. There is hereby created the position of Road and Parks Foreman. That person shall operate under and report to the Road and Parks Supervisor. Road and Parks Foreman shall be in charge of all subordinate personnel in the absence of Road and Parks Superintendent.

(h)   PERSONNEL. The following positions shall be included in the Public Works Department: Lake Caretaker, Mechanic, Maintenance III/Heavy Equipment Operator, Maintenance III, Maintenance II, Maintenance I, Riverwalk Supervisor, Water Plant Operator III, Water Plant Operator II, Water Plant Operator I, Apprentice Water Plant Operator, and seasonal temporary help.

(Ord. 1575, Sec. 5; Code 1996, 16-101; Ord. 2139; Code 2019; Ord. 2229)

No extensions of water mains, within or without the city shall be made until fifty percent of the bona fide resident property owners along the line of the proposed extension shall have first executed and delivered to the city a contract secured by a cash deposit or good and sufficient bond insuring purchase of water for at least two years. Extensions may be made to connect existing lines and improve service in existing mains.

(R.O. 1958, Sec. 18-116; Code 1996, 16-102; Code 2019)

All boilers for heating water shall be provided with air valves, to prevent collapse or explosion when water is drawn off (and consumers are warned to open all hot water faucets to allow steam to escape when the water is shut off).

(Code 1981; Code 1996, 16-103; Code 2019)

Water for use in putting out fires is furnished without charge to the city and all mains and lines may be subjected to pressure greater than normal. No claim will be allowed against the city for any leaks or ruptures or other damage or injury caused by such fire pressure.

(R.O. 1958, Sec. 18-118; Code 1996, 16-104; Code 2019)

When an alarm of fire is sounded in the city, all hydrants or service pipes then open or in use for watering lawns or other non­essential purposes, shall be immediately closed and remain closed until such fire is wholly subsided and subdued.

(Code 1981; Code 1996, 16-105; Code 2019)

The city shall 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 and service connections are in good working order and the supply of water sufficient for the usual demands of its consumers.

(R.O. 1958, Sec. 18-119; Code 1996, 16-106; Code 2019)

No person supplied with water shall supply water in any way to any other person without the written permit from the superintendent.

(R.O. 1958, Sec. 18-120; Code 1996, 16-107; Code 2019)

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets, valve hose and all apparatus including the service line leading from the property to the meter, in good condition at their own expense.

(R.O. 1958, Sec. 18-121; Code 1996, 16-108; Code 2019)

(a)   There is hereby created a fund known as the Water System Depreciation and Maintenance Reserve Account, to be used for maintaining the waterworks system in good repair and working order and for extending and improving the system.

(b)   Moneys transferred to the Water System Depreciation and Maintenance Reserve Account shall be from budgeted transfers or surplus funds authorized to be transferred from the waterworks system operating fund by K.S.A. 12-825d.

(Ord. 1691, Secs. 1:2; Code 1996, 16-109; Code 2019)

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

(R.O. 1958, Sec. 18-125; Code 1996, 16-110; Code 2019)

Contractors and others having use of water during construction of buildings and other improvements or other use shall make application to the city clerk for such service and shall make such deposit as the water superintendent may require based upon estimated use of water. The city shall furnish a portable meter for metering the same. The meter shall be under the charge and control of the water department only and such contractor or other person shall pay such charges for connection as the water superintendent may require.

(R.O. 1958, Sec. 18-127; Code 1996, 16-111; Code 2019)

The revenues of the water department shall be kept in a water fund and such revenues shall be used exclusively for operation, maintenance and renewal of the water system, for paying of the bonded and other indebtedness and the interest thereon and such other purposes as provided by statute.

(K.S.A. 12-825(d), R.O. 1958, Sec. 18-128; Code 1996, 16-112; Code 2019)

The water superintendent and/or his duly authorized employees shall have right of access at all reasonable hours to any premises where it may be necessary to examine the pipes, fixtures and water meters and the appurtenances thereto and the manner in which the water is taken and used. Such meters and facilities shall not be obstructed in any way.

(Code 1981; Code 1996, 16-113; Code 2019)

If any consumer fails to comply with section 16-113, the city has the right to move said meter to a location which allows free access or to install a remote reading unit. The costs of moving the water meter or the installation of the remote reading unit will be charged to the water consumer. If such costs are not paid, the city has the right to discontinue water service until payment of said charges have been made.

(Code 1981; Code 1996, 16-114; Code 2019)

The amount of water consumed shall be determined by a standard water meter, which reading shall be presumed to be correct. All meters hereafter installed shall be placed in a standard meter box at the curb lines of the street or otherwise as the water superintendent may direct. All consumers shall install a standard water meter to be supplied by the water department at the cost of the installation. The charge made for such installation shall be paid to the city clerk before water shall be furnished to the consumer. The charges shall be for standard 5/8ths meters. Charges for service other than standard meters shall be fixed by the superintendent, subject to the approval of the governing body.

(Code 1988; Code 1996, 16-115; Code 2019)

The superintendent is hereby directed and authorized to have all water meters carefully tested before being installed. After their installation they shall be tested as frequently as circumstances warrant in the discretion of the city. If at any time a consumer becomes dissatisfied with the accuracy of the meter on his or her service, he or she may make application to have the meter tested, which application shall be accompanied by a fee of $20. Upon receipt of such application and fee the superintendent shall, as soon as practicable, have the meter tested. If the test shows that the meter has been over­ registering more than two percent, the previous bill based on the reading of such meter shall be corrected accordingly and the $20 fee is returned. If the test shows that the meter is not over-registering or under-registering more than two percent, the meter shall be considered as correct and the test fee retained by the city. If the test shows that the meter has been under-registering more than two percent, the previous bill based on the reading of such meter shall be corrected accordingly and the test fee retained. The city reserves the right to remove and test any meter at any time and if such meter is found to be inaccurate, to immediately serve notice to the owner or occupant. The city will then repair or replace the defective meter at the property owner’s expense.

(Code 1988; Code 1996, 16-116; Code 2019)

All sales of water shall be metered, the meter to be the property of the owner. If the user shall permit the same to become damaged from freezing, rough usage or any cause whatever the amount of such repair shall be charged against the user and placed upon the water bill of said user for the succeeding month. If not paid, water service shall be terminated as provided in Section 15-132:135.

(R.O. 1958, Sec. 18-104; Code 1996, 16-117; Code 2019)

It shall be unlawful for any person, other than authorized employees, to have in his or her possession a service key for turning on or off the water at any curb cock or for any persons not properly authorized to turn off or on any fire hydrant, public hydrant or curb cock or in any way molest, tamper with, mar, deface or destroy or change any pipe, main hydrant, meter, valve or other property or equipment belonging to the city. No person shall carry away water from any public watering place or drinking fountain supplied by or maintained by the city.

(R.O. 1958, Sec. 18-130; Code 1996, 16-118; Code 2019)

(a)   MULTI-FAMILY RESIDENTIAL UNITS. Any premises occupied as a duplex, apartment house or other multiple unit dwelling and served from one water connection shall pay one minimum charge as established by City ordinance and shall additionally pay $10.00 for each and every other unit. Additional charges for water may be made based on gallons of usage above the minimum, at a rate set by City ordinance.

(b)   MULTIPLE BUSINESS AND COMMERCIAL SERVICES. Any premises with multiple businesses and/or multiple commercial purposes which are served from one water connection shall pay a minimum charge as established by City ordinance and shall also pay $10.00 for each and every business and/or commercial enterprise which is served from that connection. Additional charges for water may be made based on gallons of usage above the minimum, at a rate set by City ordinance.

(c)   COMBINATION RESIDENTIAL UNITS AND BUSINESS/ COMMERCIAL ENTERPRISES. Any premises which serves as a combination for a dwelling unit or units and a business or commercial purpose, or multiple business or commercial purposes, which are served from one water connection, shall pay a minimum charge as established by City Ordinance and shall aJ.so pay $10.00 for each and every other dwelling unit, business or commercial enterprise which is served from that connection. Additional charges for water may be made based on gallons of usage above the minimum, at a rate set by City ordinance.

(d)   CONTRACT; CUT OFF. The City will contract with only one of the several parties utilizing the single water connection, and failure to make payment or otherwise abide by the laws, rules and regulations of the City, the water may be cut off.

(R.O. 1958, Sec. 18-106; Code 1996, 16-119; Ord. 2085; Code 2019)

(a)   Every consumer shall pay for each new service installed, the charge to cover labor and materials necessary to bring the line from the main to the parking, including the meter, meter box and cutoff.

(b)   Before any new service installation work can begin, the property owner will be required to pay 50 percent of the estimated cost on labor and material.

(Ord. 1618, Sec. 2; Code 1988; Code 1996, 16-120; Code 2019)

All taps shall be driven, street connections made, curb cocks inserted and pipes installed from the main to the curb or parking curb by city employees only.

(R.O. 1958, Sec. 18-108; Code 1996, 16-121; Code 2019)

All service pipe of the city shall be copper or galvanized wrought iron pipe or other material approved by the water superintendent and shall be laid not less than 30 inches below the established grade or as low as the street main. All plumbing work shall be done in accordance with the Uniform Plumbing Code.

(R.O. 1958, Sec. 18-109; Code 1988; Code 1996, 16-122; Code 2019)

There shall be a curb cock in every service line attached to the mains and the same to be placed inside the curb line or as near thereto as practicable. All owners or joint owners of private service lines are hereby required to install at their own expense cutoffs for such service lines for each premises served and at such place as the water superintendent may direct. Such installation is to be made by the water department. If such installation is not made within 10 days after written notice has been served upon such owner by the water superintendent, water may be discontinued after notice and hearing as provided in sections 15-132:135. On all new services and replacement of old services the property owner shall install a cutoff on the property owners side of the meter. This shutoff is to be used for his or her personal use.

(R.O. 1958, Sec. 18-110; Code 1988; Code 1996, 16-123; Code 2019)

The superintendent of water shall renew all old service lines from the main to the meter whenever it shall, in his or her opinion, become necessary and the cost of renewing service lines shall be added to the consumer’s next water bill. If said renewal service is not paid for when due, the service shall be discontinued after hearing and notice as provided in sections 15-132:135 and no person shall receive water through said line until said renewal service is paid for and any and all service orders relating to the water department.

(Code 1988; Code 1996, 16-124; Code 2019)

(a)   Before any consumer shall be connected with the water system, he or she shall sign an application or contract for service on forms furnished by the city, and shall deposit with the city clerk, in the case of domestic consumers, the sum of $120.00 or in the case of commercial/industrial consumers, such deposit may be determined by the superintendent of the water works which amount will not be less than the amount of the estimated bill for two months usage of water. The water superintendent may, at any time, require an increase in the deposit made by any residential, commercial, or industrial consumer. The amount of any unpaid water bill shall be deducted from the deposit and the unused portion returned to the consumer upon termination of service.

(b)   Should any person who formerly had service, request reconnection to the city water system, any outstanding account to the city for such prior service shall be paid in full prior to reconnection.

(Ord. 1668, Sec. 2; Code 1996, 16-125; Ord. 1992; Code 2019; Ord. 2254)

All water bills shall be due and payable on the first day of each month for water consumed the preceding month and all accounts payable to the city for water and other services shall be paid on the tenth of the month following the date due and payable. A penalty of 10 percent of the amount due shall be added to the amount of each bill not paid by the 10th which shall be collected when the bill is finally paid. In the event that payment is not made by the 10th of the month, then the city shall have the right to cutoff the water after notice and hearing as provided in sections 15-132:135. Before service shall be restored, the consumer shall pay the bill and penalty, and the further sum of $10 for turning the water on. The bills for water consumed shall be figured from the meter reading reports and should be made out by the waterworks department and delivered to the city clerk for collection.

(Ord. 1585, Sec. 1; Code 1996, 16-126; Code 2019)

All deposits and payments for service shall be made to the city clerk who shall keep a separate account and date on which each deposit is received, the name of the depositor, the amount thereof, and shall pay to the consumer making such deposit interest rate as set by the municipal accounting bulletin, such interest to be credited upon the bill of the depositor on the first day of January succeeding such deposit and the first day of each January thereafter.

(K.S.A. 12-822; Code 1988; Code 1996, 16-127; Code 2019)

The following shall be the schedule of monthly charges for water services furnished to domestic, business, commercial and industrial water customers within the city limits of Council Grove, Kansas, to-wit:

(a)   The monthly minimum charge shall be $17.15;

(b)   The unit charge per 1,000 gallons, all volume, shall be $5.57;

(c)   The System Development Fee shall be $1,500.00.

(Ord. 1714, Sec. 1; Code 1996, 16-128; Ord. 1949; Ord. 1980; Ord. 1994; Ord. 2075; Ord. 2181; Code 2019; Ord. 2229; Ord. 2246; Ord. 2261)

The following shall be the schedule of monthly charges for water services furnished to domestic, business, commercial and industrial customers outside the city limits of Council Grove, Kansas, to-wit:

(a)   The monthly minimum charge shall be $34.30;

(b)   The unit charge per 1,000 gallons, all volume, shall be $11.14;

(c)   The System Development Fee shall be $3,000.00.

(Ord. 1714, Sec. 1; Code 1996, 16-129; Ord. 1949; Ord. 1980; Ord. 1994; Ord. 2075; Ord. 2181; Code 2019; Ord. 2229; Ord. 2246; Ord. 2261)

(Ord. 1714, Sec. 1; Code 1996, 16-130; Ord. 1949; Ord. 1980; Ord. 1994; Ord. 2075; Ord. 2181; Code 2019; Ord. 2229)

(Ord. 1666, Sec. 1; Code 1996, 16-131; Ord. 1949; Ord. 1980; Ord. 1905; Ord. 1994; Ord. 2075; Ord. 2124; Ord. 2181; Code 2019; Ord. 2229)

No water service or other utility service shall be terminated for nonpayment of service fees or charges, unless the procedures set forth in sections 15-132:135 are followed.

(Ord. 1540, Sec. 1; Code 1996, 16-132; Code 2019)

A delinquency and termination notice shall be issued by the city clerk within 10 days after the delinquency occurs and mailed to the customer and a copy mailed to the occupant of the premises if the occupant and the customer are not the same person and the same is to be mailed at the last known address as shown by the records of the city clerk. It shall be the duty and obligation of the consumer to keep the city clerk advised of all current addresses. The notice shall indicate:

(a)   The amount due, plus penalty and interest.

(b)   The type of service and the date on which the service will be terminated if the amount due is not paid within five days from the date of the notice.

(c)   The customer has the right to a hearing before a hearing officer to be designated by the city council. The notice shall designate the hearing officer and the place of such hearing, if a hearing is requested.

(d)   The request for a hearing must be in writing and filed with the city clerk prior to the date of termination of the service. Upon the receipt of a request for hearing, the city clerk shall advise the applicant or customer of the date, time and place of the hearing, which shall be held within three working days following receipt of the request.

(Ord. 1540, Sec.2; Code 1996, 16-133; Code 2019)

After the hearing has been held and the evidence presented, if the officer or employee before whom the hearing is held shall find that the service should not be terminated, then notice of such finding shall be presented to the water superintendent. If the officer or employee finds that service should be terminated, an order shall be issued terminating such service five days after the date of the order, and the customer shall be notified either in person or by mailing a letter to the last known address by certified mail, return receipt requested. However, in the event such order is made at the hearing in the presence of the customer, then no such further notice need be given. The officer or employee designated to conduct the hearing has a right to grant an extension not to exceed 10 days and upon good cause for the termination of such service.

(Ord. 1540, Sec. 3; Code 1996, 16-134; Code 2019)

The hearings as set forth herein may be conducted by any of the following officers: The chairman of the city council water utility committee. If such person is unable to conduct said hearing, the hearing will be held before the city clerk. If neither of the above entitled parties are present, the hearing will be held before a person or officer appointed by the mayor.

(Ord. 1540, Sec. 4; Code 1996, 16-135; Code 2019)

It shall be a misdemeanor for any person or persons to tamper with any watermain, fire main, water meter or sewer line or to make any connection to the water or sewage systems of the city without written permission from the city or to reconnect service when it has been discontinued for nonpayment of a bill for service, until such bill has been paid in full.

(Ord. 1419, Sec. 9; Code 1996, 16-136; Code 2019)

Whenever the governing body of the city shall deem that an emergency exists by reason of a shortage of water supply and in order to properly protect and to fully utilize the supply of water for essential uses such as household consumption, maintenance of health and sanitation facilities and the operation of essential businesses and fire protection, the city council shall have the power to declare an emergency to exist and to prohibit, during the period of the emergency, the use of water and to promulgate and enforce conservation measures limiting the permissible use of water from the city water supply. An emergency shall be deemed to continue until it is declared by the city council to be ended. Whenever the city council determines that the water use must be restricted or prohibited, it shall forthwith issue a resolution declaring an emergency. Notice of the declaration of an emergency will be through the news media, and other appropriate methods of making the public aware of the emergency.

(Ord. 1599, Sec. 1; Code 1996, 16-137; Code 2019)

For the purposes stated in section 15-137, the city council may limit as it deems necessary, or may prohibit any of certain uses of water from the city water supply, including but not limited to the following items:

(a)   The sprinkling or watering of shrubbery, trees, plants, gardens or grass through the use of a hose or otherwise; it is provided that nurseries and greenhouses shall be allowed to use a minimum amount of water to keep their present stock of plants, shrubbery and trees alive;

(b)   The washing of automobiles, boats, trailers, trucks or any other type of mobile equipment;

(c)   The washing of exterior areas including, but not limited to, streets, driveways, sidewalks, porches, patios, filling station aprons or floor and interior of buildings or trucks; it is provided further, that the city water superintendent may permit the reasonable use of water essential to public safety and the prevention of fire hazards;

(d)   The wasting of water by intentionally allowing defective plumbing to remain out of repair, such as leaking water closets, surface leaks or underground leaks, defective faucets and taps;

(e)   The use of water for evaporative cooling systems designed and used to reduce room temperature solely for the comfort of persons using the rooms;

(f)   The use of water in fountains ornamental or otherwise, private swimming and wading pools, fish ponds, golf courses, miniature golf courses and similar recreational facilities;

(g)   The non-essential use of water for business and industry.

(h)   When the Council Grove Lake, being the source of the City’s water, falls six (6) feet below the standard water level, no commercial or industrial user may obtain water from the raw water dispenser without approval of the governing body. Agricultural use shall be limited to drinking water for livestock, unless approved by the Governing Body. When the water level falls twelve (12) feet below the standard water level, the water dispenser shall be shut off from all public use.

The city council may make other limitations, restrictions or prohibitions upon the use of water as it deems necessary to meet the exigencies of the emergency.

(Ord. 1599, Sec. 2; Code 1996, 16-138; Ord. 2124; Code 2019)

Emergency water rates are hereby established as follows: The average amount of water consumed by residences, businesses and industries as shown by the meter reading taken in the immediately preceding months of January, February and March, will be the maximum amount of water each customer may use under the existing water emergency rate. All water consumed over and above the average as thus established will be billed at an emergency rate of $10 per thousand gallons.

(Ord. 1599, Sec. 3; Code 1996, 16-139; Code 2019)

(a)   Individuals/landowners who have city water meters outside the city limits as of March 4, 1991, and those with water service agreements as of that date shall continue to have access to city drinking water.

(b)   With the exception of water service agreements in existence as of March 4, 1991, the city will establish no new drinking water services outside of the city.

(c)   Individuals/landowners outside of the city limits wishing to obtain city drinking water must petition the city governing body for water service. This petition must be in a form acceptable to the city and must include a request for annexation expressing willingness to meet the requirements of annexation into the city. The city retains the right to determine if annexation is feasible and if it is not to refuse to annex the area or extend services.

(Ord. 1725, Secs. 1:3; Code 1996, 16-140; Code 2019)