Chapter XV · Utilities

ARTICLE 2. WATER

Sections 15-201 to 15-229 · 29 sections

15-201 Superintendent of water and sewage.

The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body.

(Code 1995)

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 1995)

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 1995)

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 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 1995)

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)Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207.

(Ord. 306, Sec. 1; Code 1995)

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 1995)

15-207 Connection fees.

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

(a)The cost of materials and labor to connect to the water main shall be assessed to the applicant.

(b)All taps larger than one inch must be brought to the city council for approval.

(c)Costs of extensions shall be assessed to the applicant.

(Ord. 306; Code 1999; Ord. 399; Code 2014)

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 1995)

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 1995)

15-210 Unauthorized service, supplying other persons and properties.

(a)It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body.

(b)No person or occupant of any building or premises into which water has been introduced shall be allowed to supply other persons or families with water from his or her or its tap without first having obtained permission from the water superintendent.

(c)No plumber, consumer or other person shall extend pipes from one property or street number to another without special permission from the superintendent and in every such case the person doing the work shall show a diagram of all pipes laid underground, giving exact location and distances of such pipes from the property line.

(d)Any person who may be granted permission by the water superintendent to serve other persons, families, or corporations through his, her or its tap, shall pay the minimum rate for each residence or business house being supplied to the city clerk each month. The minimum usage for each residence or business house shall then be subtracted each month from the water bill of any person who has been granted permission to serve others.

(Ord. 313, Secs. 1:3; Code 1995)

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 property line.

(Code 1995)

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 1995)

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. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off.

(Code 1995)

15-214 Leaks prohibited.

Water used or lost through leaks, after the same has pass through the meter in excess of a customer’s average bill, may be billed at the rate of current production cost upon application to the city council. This is a onetime reduction that may be granted to a customer. Upon discovery the leak must be repaired immediately.

(Code 1995)

15-215 Reconnection charge.

The water service reconnection charge shall be as follows: $25 for the first reconnect, $50 for the second reconnect, and $75 for the third and subsequent reconnects. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge.

(Ord. 319, Sec. 2; Code 1995)

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 1995)

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 1995)

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 a private property line unless such person is employed by the city;

(b)Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city.

(Code 1995)

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 1995)

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 1995)

15-221 Rates.

The rates per month for the use of water starting in 2026 in the city shall be as follows:

(a)Residential water rates charged by the city shall be as follows:

The minimum bill shall be $20 per month for the first 3,000 gallons.

The usage from 4,000 to 20,000 gallons shall be $3.20 per 1,000 gallons per month.

The usage from 21,000 to 40,000 gallons shall be $4.40 per 1,000 gallons per month.

The usage from 41,000 to 60,000 gallons shall be $5.83 per 1,000 gallons per month.

All usage in excess of 60,000 gallons shall be $9.85 per 1,000 gallons per month.

(b)Business water rates charged by the city shall be as follows:

The minimum bill shall be $20 per month for the first 3,000 gallons.

The usage from 4,000 to 20,000 gallons shall be $1.91 per 1,000 gallons per month.

The usage from 21,000 to 40,000 gallons shall be $2.43 per 1,000 gallons per month.

The usage from 41,000 to 175,000 gallons shall be $3.12 per 1,000 gallons per month.

All usage in excess of 175,000 gallons shall be $5.47 per 1,000 gallons per month.

(c)For any meter serving a church, the minimum rate shall be $20.00 per month for the first 3,000 gallons used or any part thereof and all excess gallons used shall be charged at $0.65 per 1,000 gallons.

(d)For any water meter served by the Montezuma Water and Sewage System, located outside the city limits, the rate shall be 150% of the same rate charged within the city limits.

(e)Beginning in May if approved by the council, rates shall be increased by 5% each year for 5 (five) years, with exception of the minimum bill.

(Ord. 202; Ord. 308; Ord. 315; Ord. 398; Code 2014; Ord. 422; Ord. 446; Ord. 475)

15-222 Payment of bills.

All water bills for the previous month’s water service shall be paid on or before the 10th day of the month following the service, pursuant to section 15-110 of this article. For any billing not paid by 8:00 a.m. on the 11th, a late charge of 10 percent will be added to the bill.

(Ord. 323, Secs. 1, 3; Code 1995)

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 1995)

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 1995)

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.

(Ord. 311, Sec. 2; Code 1995)

15-226 Same; protective backflow devices required.

Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage 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 backsiphonage 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.

(Ord. 311, Sec. 3; Code 1995)

15-227 Same; inspection.

The city utility 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 pollution of the water supply of the city.

(Ord. 311, Sec. 4; Code 1995)

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 utility 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 utility superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply.

(Ord. 311, Sec. 5; Code 1995)

15-229 Same; incorporation by reference.

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

(Ord. 311, Sec. 6)