CHAPTER XVI. UTILITIESCHAPTER XVI. UTILITIES\ARTICLE 1. WATER

Water shall be furnished by the city only with the express understanding and. agreement that no claim shall be made against the city by reason of breaking of any service pipe or for any failure in the supply of water, accidental or otherwise, or by reason of any amendment or addition to the rules and regulations governing the installation and operation of the water system.

(Code 1973, 17-102)

All persons desiring to connect to the city water system shall make application to the city clerk and secure a permit for such connection.

(Code 1973, 17-101)

(a)   For the installation of water service lines and equipment from the established street main to the meter location the customer shall pay the city the actual costs of installation, but not less than the following charges:

(1)   Meter and 5/8-inch service - $750.00 plus actual costs after 6’ from main.

(2)   Meter and 1-inch service - $1,100.00 plus actual cost after 6’ from main.

(3)   Meter and 1 1/2-inch service - $1,800.00 plus actual cost after 6’ from main.

(4)   Meter and 2-inch service - $2050.00 plus actual cost after 6’ from main.

(5)   If a customer requests any deviation in size of service from the above schedule, the customer shall pay the actual cost of the service desired. In no event will the city extend service lines or mains beyond 150 feet for a single customer except at the customer’s expense.

(Ord. G-2727; Code 2007; Ord. 2803; Code 2016)

All water service pipes lying across or within that portion of a street or alley which is paved or is to be paved shall be of type K copper or plastic approved by the city of Anthony.

(Code 1973, 17-103; Code 2007)

No taps to the city water main shall be allowed unless there is a water meter installed. All meters shall be installed in locations to be approved by the city superintendent.

(Code 1973, 17-101)

(a)   Whenever a customer requests replacement of a water meter the meter shall be tested. If the meter is found not to be registering excessively the customer shall be liable for the entire amount of water use registered, plus a service charge of $10.00 to cover the city’s expense in replacing the meter.

(b)   If the meter is found to be faulty, then no service charge shall be billed for making the change. In addition, the city clerk or his or her representative is authorized to adjust the customer’s bill to a reasonable charge for water service for the period in question.

(Ord. 2568, Sec. 6)

The city will not be responsible for any toss of water or for damage caused by the loss of water to the customer because of taps being left open, faulty installation or malfunction of pipes or equipment, or leaks beyond the city’s installation.

(Ord. 2568, Sec. 6)

No alteration or extension shall be made in any water line or fixture without giving notice of the proposed alteration and/or extension and receiving a permit from ·the city clerk authorizing the same. All work shall be done by a bonded plumber or other competent person to be approved by the committee on public utilities.

(Code 1973, 17-101)

It shall be unlawful for any person without permission or consent of the city to:

(a)   Make any kind of connection to any water service pipe or main used. to carry water for public or private use;

(b)   Prevent any water meter from properly measuring or registering the water consumed;

(c)   Knowingly take, receive, use or convert to his or her own use or the use of another, any water which has not been measured.

The existence of any of the connections listed in this section, or meter alteration, or use of unmeasured water shall be prima facie evidence of intent to violate the provision of this section by the person using or receiving direct benefits through such connections or meters, or the use of unmeasured water.

(Code 1973, 17-108)

Hose attachments and stop boxes when located on the sidewalk, must have suitable iron covers, the tops of which must be flush with the surface of the sidewalk.

(Code 1973, 17-101)

It shall be unlawful for any person, other than authorized personnel, to trespass upon any city-owned or leased·water tower, or to climb upon such water tower without permission of the mayor

(Code 1973, 17-109; Code 1982)

It shall be the policy of the governing body to provide city water service to residents or industries adjoining or within a reasonable distance from the corporate limits of the city so long as the water supply is deemed adequate and conditions such that the service will not be detrimental to the city and inhabitants thereof.

(Ord. 2568, Sec. 2)

(a)   Before water service is furnished to any premises outside the city, the owner or occupant shall make application therefor and secure from the governing body a permit to make the proper connection to receive service.

(b)   Consumers outside the city shall at all times and in al! respects be governed by all ordinances, rules and regulations pertaining to water as apply to residents of and properties within the city.

(Ord. 2568, Sec. 2)

Users outside the corporate limits of the city shall provide all facilities required for such service and shall construct, operate and maintain the same in accordance with the ordinances, rules and regulations applicable to residents of the city and subject to the same inspection and supervision as provided within the city.

(Ord. 2568, Sec. 2)

The city reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the governing body determines the public exigency so requires.

(Code 1982)

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

(Code 1982, 17-118)

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 1982, 17-119)

Whenever a customer orders a disconnection and reconnection of service or for a disconnect for non-payment plus past due utility charges, the city shall collect a fee during regular business hours. After working hours of a regular working day, or anytime during Saturday, Sunday or a legal holiday, a fee, as set by resolution of the governing body, will be charged plus labor cost and service vehicle costs.

(Ord. 2697, Sec 1; Code 2007)

No person, company, corporation, or institution 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 1990, 17-121)

Approved devices to protect against backflow or back siphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the public 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 pressure reduction to develop which could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventer valves and systems as deter­ mined by the superintendent.

(Code 1990, 17-122)

The city superintendent or other designee of the governing body 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 c-0ntamination of the water supply of the city.

(Code 1990, 17-123)

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its city superintendent, 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 superintendent may terminate water service to any property where the cross-connection, backsiphonage, or back pressure condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply.

(Code 1990, 124)

The cross connection control regulations as approved by the Kansas Department of Health and Environment (KAR 28-15-18(h) and set forth in the document of the same name and dated October 16, 1989, is hereby approved.

(Code 1990, 17-125)

Any person desiring water service shall make application in person at the office of the city clerk. Where service pipe is not already installed or larger service equipment is desired, the person shall specify the type and size of line required and the legal description of the property for which service is desired, and shall deposit with the city clerk the cost as set forth in section 11-104.

(Ord. 2568, Sec. 8)

(a)   Any person making application for water service who has not established credit with the city will be required to post a deposit, set by resolution adopted by the city commission and kept on file in the city office.

(b)   Deposits for utility service shall be kept in a separate account showing date the deposit is received, the name of the depositor and the amount. Deposits shall draw interest at the rate established by the Kansas Corporation Commission pursuant to K.S.A. 12-822. The city reserves the right to use the set deposit fee or to increase the deposit using the average two-month usage of the last occupants whichever is highest.

(Ord. 2697, Sec 2; Code 2007)

(a)   Monthly water rates for premises located within the corporate limits of the city are:

(1)   Minimum charge for 0 to 1,000 gallons shall be:

 

2010

2011

2012

2013

 

(A)

5/8” meter

$15.09

$16.53

$17.96

$19.41

 

(B)

1” meter

$18.90

$19.96

$21.70

$23.44

 

(C)

1 1/2” meter

$21.70

$23.39

$25.44

$27.47

 

(D)

2” meter

$24.50

$26.83

$29.17

$31.51

 

 

(2)

All over 1,000 gallons to 30,000 gal.

$3.90

$4.27

$4.64

$5.02

 

Per 1,000 gallons

 

(3)

All over 30,000 gallons, except Commercial Institution and public users

$4.40

$4.82

$5.24

$5.66

 

Per 1,000 gallons

(b)   Exceptions: The Churches in the City, the Anthony Museum, and Cemeteries located inside or outside the corporate limits of the City will be provided 4,000 gallons of water per month for the minimum charge and the charge per 1,000 gallons of water after the 4,000 gallons of water per month will be the rate as set forth in the city’s monthly regular water rates after the minimum charge and 4,000 gallons of water used.

All land, baseball parks, and other non-residential buildings owned by the city will be supplied water free of charge.

As per contract between the city and Rural Water District No. 2, after the minimum charge for 1,000 gallons, the charge for 1,000 gallons of water will be 10% per 1,000 gallons less than the amount charged City customers.

All rates, for water used or for water provided free as indicated in the exceptions section will be reviewed by the governing body on a yearly basis.

(Ord. G-2764; Code 2007)

For all water consumed on premises outside the corporate limits of the city quantity charges and minimum shall be the same as provided in section 16-127, plus an additional $3.25 per month. Some water customers are not charged $3.25 per month if water line was placed on their property.

(Ord. 2568, Sec. 2; Code 2007)

(a)   Where two or more residential or commercial units are serviced through one meter, the minimum and quantity charges shall be as provided in section 16-127, for each unit so served.

(b)   For all privately owned trailer parks and mobile home parks on city water users, the minimum charge for 1,000 gallons will be $121.00 plus gallons used billed to the owner of these trailer parks at the rates established in Section 16-127.

(Ord. G-2727, Sec. 3; Code 2007; Ord. G-2820; Code 2016)

All water bills shall be due at the office of the city clerk without notice on the first day of each month for service rendered during the preceding month. All bills not paid on or before the 15th day of the month sl1all be delinquent and a five percent penalty shall be added. The city clerk, at the close of business on the 15th day of each month, shall give notice by United States mail to each consumer whose bill remains unpaid, advising the consumer of the added penalty and that if the bill, including penalty, is not paid by the 20th day of the month, water service will be terminated as provided in section 16-131.

(Ord. 2568, Sec. 4; Ord. 2779; Code 2016)

As provided in sections 16-601 to 16-608, the city clerk’s office shall mail an account delinquency and service discontinuation notice, by United States mail, postage paid, to the consumer’s last known address, to each consumer whose account, including penalty, shall remain unpaid following the close of business on the 10th day of each month. The termination notice shall state the date that the consumer’s utilities will be shut off for the delinquent account or accounts if said delinquent amounts have not been paid in full or if written arrangements for the payment of the delinquent amounts have not been made with the city clerk or his/her designated agent.

(Ord. 2697, Sec. 3; Ord. 2815; Code 2016)

Water service discontinued as provided in section 16-131 shall not be restored until the customer has paid all past due accounts, including penalties. In addition, the customer shall be charged the reconnection fee as provided in section 16-119.

(Ord. 1568, Sec. 5)

The city commission at its first regular meeting in the month of November each year shall review rates, rules and regulations relating to the city’s water system.

(Ord. 2568, Sec. 12)

(a)   It is unlawful to excavate, construct, or install an underground sprinkler (irrigation) system on public right-of-way within the city, without first obtaining a permit from the city under the following conditions:

(1)   The application shall be completed by the landowner with a drawing, plan or photograph of the proposed improvement along with a certificate of insurance naming the city as an additional insured, submitted to the city superintendent. The application shall contain a provision releasing and indemnifying the city, the Kansas Department of Transportation, and any franchise holder of the city from any and all damages which may be caused to the sprinkler system by any of the afore named as a result of their use of the public right-of-way.

(2)   Construction of the proposed improvements shall comply with all applicable city codes and standards.

(3)   The application shall be reviewed and approved by the Kansas Department of Transportation (KDOT) in those cases where the public right­ of-way is a state or federal highway.

(4)   If the application is approved by the city (and where applicable by KDOT), a permit shall issue specifying the location by address, to excavate, install, and operate the system subject to inspection by the city to determine compliance with city codes and proper installation and operation.

(5)   All city determinations or actions as above referenced shall be made by the city superintendent or a city employee to whom the city superintendent has assigned such responsibility and authority.

(b)   It is unlawful for any person to maintain an underground sprinkler (irrigation) system in a public right-of-way within the city which creates unsafe conditions for vehicles driving on adjacent streets or highways. If any unsafe condition occurs, the city shall have authority to:

(1)   Order the order or operator of the system to discontinue operating the system until it is repaired or the unsafe condition eliminated; or

(2)   Take action to disconnect or remove the system at the owner’s/operator’s expense if determined necessary by the city to protect traffic safety or the public water supply.

(c)   Any person violating the provisions of this section shall be subject to prosecution in the municipal court and, upon conviction, be subjected to the penalties provided under the public offense code.

(Ord. 2655, Sec. 1)

In addition to the rates provided for in other parts of this article, the following charges and regulations shall also apply:

(a)   In the event a customer orders a temporary disconnection and reconnection of service at the same premises, the City shall collect a reconnection charge fee.

(b)   In the event a customer orders a disconnection and a reconnection at the same premises within a period of 12 months, the City will collect, as a reconnection charge, the sum of such minimum bills as would have occurred during the period of disconnection, but in no event less than the reconnection charge fee. Also, the customer shall be billed the minimum monthly charge for any part of a month or for actual current consumed whichever is the greater, for each address where such connection and disconnections requested.

(c)   A service charge, plus labor cost, and service vehicle costs, as set by resolution of the governing body, shall also be made for any services requested to be connected outside of regular business hours and on weekends and holidays.

(Ord. G-2727, Sec. 4; Code 2007)