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

The waterworks system for the city shall be under the immediate charge of the city superintendent who shall at all times be accountable to the governing body of the city. The city superintendent shall be appointed by the mayor with the consent of the governing body. 

(Code 1984)

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 1984)

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 1984)

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 1984)

The applicant for a connection permit shall, at the time of applying for the permit, pay to the city clerk the sum of $685 for a 3/4 inch tap and $885 for a one-inch tap, and any additional costs for long services such as bores and street repair. For this charge, the city shall furnish a meter, tile, lid and cut-off valve.  The fee for a 2 inch water tap shall be set at $3,185.

(Ord. 660, Sec. 3; Ord. 735, Sec. 3; Ord. 760; Ord. 849; Code 2015)

(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 1984)

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 1984)

No allowances shall be made for water used or lost through leaks carelessness, neglect or otherwise after the same has passed 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 1997)

(a)   In the event a water consumer complaints to the city that the meter monitoring the volume of water used by the consumer is inaccurately recording, the city, as soon as feasible, shall remove the meter and. have it examined by an independent agency selected by the city.

(b)   The results of the testing by the independent agency shall be conclusive upon the city and the consumer and, in the event the determination is that the meter is calculating incorrectly in favor of the city, the city will pay the cost of testing, removal and installation; should the independent testing determine that the meter is calculating accurately or is calculating in favor of the consumer, then the consumer shall be responsible for the testing, removal and installation of the meter.

(Ord. 520, Secs. 1:2)

Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, late payment charges thereon, and the sum of $50 reconnection charge, and such reconnection shall be made between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.

(Ord. 660, Sec. 2; Ord. 735, Sec. 2; Code 2007; Ord. 760)

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

(Code 1984)

It shall be unlawful for any person to:

(a)   Tamper, damage or meddle with any water main, fire hydrant, electric line or any other water or electric equipment belonging to the city;

(b)   Make any connection to the water or electric systems of the city without a written permit from the city;

(c)   Reconnect service when it has been discontinued for nonpayment of a bill for service.

(Code 1984)

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 1984)

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 1984)

All utility bills shall be rendered monthly for water and sewer, and shall be due and payable on the 1st day of each month.  A late payment charge of five percent will be added to any utility bill not paid prior to the 16th day of the month.  When a payment, hearing or a written payment arrangement is not made by the designated turn-off day, the city shall have the right to terminate water service.  Before service shall be restored, the customer shall pay the bill, late payment charge and the reconnection fee or have a signed payment arrangement as provided for in Section 15-110.

(Code 1992; Ord. 811; Code 2015)

An application for extension of payment must be signed by the resident and kept on file with the utility clerk.  A signed extension is valid for 3 months at which time the account must be brought current.  No delinquent account shall exceed $200.00 with the exception of an extreme water leak.  Individual consideration will be made by the utility clerk and administrator for these occasions.  Water service will be terminated until the balance is brought current or under $200.00 which must also include the reconnect fee.

(Code 1984; Ord. 811; Code 2015)

(a)   A delinquency and termination notice shall be issued by the utility clerk on the 16th of each month and mailed to the customer at his/her last known address. 

(b)   The notice shall state:

(1)   The amount due, plus late payment charge;

(2)   Notice that service will be terminated if the amount due is not paid by the turn-off date.

(3)   Notice that the customer has the right to a hearing before the utility clerk and administrator.

(4)   Notice that the request for a hearing must be in writing and filed with the utility clerk no later than three (3) days prior to the date of turn-off

(c)   Upon receipt of a request for hearing, the utility clerk shall advise the customer of the date, time and place of the hearing which shall be held within three (3) working days following receipt of the request.

(Code 1984; Ord. 811; Code 2015)

Following the hearing, if the finding is that service should not be turned-off, a notice of the finding shall be presented to the utility superintendent.  If the finding is that service should be terminated, an order shall be issued terminating service five (5) days after the date of the order.  The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested.  However, if the order is made at the hearing in the presence of the customer, then no further notice need be given.  The utility clerk has a right, for good cause, to grant an extension, not to exceed 7 days, for the termination of such service. 

(Code 1984; Ord. 811; Code 2015)

The users of water or water service from municipally-owned water utility of the City of Douglass shall be classified and charges made as appears hereafter.  Rates shall be charged per 100 gallons or portion thereof plus any applicable tax.

(Ord. 732, Sec. 1; Code 2007)

There shall be a charged, as follows:

(a)   $23.50 base rate.

(b)   $0.60 per 100 gallons (or any portion thereof).

(Ord. 732, Sec. 2; Ord. 796; Ord. 808; Ord. 820; Ord. 835; Code 2015)

There shall be a charge as follows:

(a)   $23.50 base rate;

(b)   $0.60 per 100 gallons (or any portion thereof).

(Ord. 732, Sec. 4; Ord. 796; Ord. 808; Ord. 820; Ord. 835; Code 2015)

There shall be a charge as follows;

(a)   $29.75 base rate

(b)   $0.60 per 100 gallons (or portion thereof).

(Ord. 732, Sec. 5; Ord. 796; Ord. 808; Ord. 820; Ord. 835; Code 2015)

There shall be a charge as follows:

(a)   $28.25 base rate

(b)   $0.60 per 100 gallons (or portion thereof).

(Ord. 732, Sec. 6; Ord. 796; Ord. 808; Ord. 820; Ord. 835; Code 2015)

All rates as hereinabove established shall be assessed on a monthly basis.

(Ord. 732, Sec. 7; Code 2007)

All multi-user meters pay according to Section 15-123.

(Ord. 732, Sec. 8; Code 2007; Code 2015)

There shall be a service set-up charge of $50.00 (plus any applicable taxes) for individuals requesting water/sewer/trash services from the city. This charge will not be refunded, but will become a part of the water fund of the city. If an individual’s payment schedules have been satisfactory, the person will not have to pay an additional fee if the individual moves to another location within the city.

(Ord. 732, Sec. 9; Code 2007)

(a)   Air Gap Separation -The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.

(b)   Approved Tester - A person qualified to make inspections; to test and repair backflow prevention/cross connection control devices; and who is approved by the city.

(c)   Authorized Representative - Any person designated by the city to administer this cross connection control regulation/ordinance.

(d)   Auxiliary Water Supply - Any water source or system, other than the city, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.

(e)   Backflow - The flow other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.

(f)   Backflow Prevention Device - Any device method or type of construction intended to prevent backflow into the public water supply system.

(g)   Consumer - Any individual firm, partnership, corporation or agency or their authorized agent receiving water from the city.

(h)   Contamination - An introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health or may cause an aesthetic deterioration, color, taste or odor.

(i)    Cross Connection - Any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water of the public water supply system and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be backflow from the second system to the public water supply system. No physical cross connection shall be permitted between a public water supply system and an auxiliary water supply system.

(j)    Degree of Hazard - An evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(k)   Health Hazard - Any condition, device or practice in the public water supply system which could create or may create a danger to the health and well­ being of anyone using the water or allow contamination of the water.

(l)    Public Water System - The water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumers’ water systems.

(m)  Public Water Supply System - The public water system and the consumers’ water systems.

(n)   Consumer’s Water System - All service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.

(o)   Service Connection - The terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

(Ord. 547, Sec. 1)

(a)   No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public water supply system may exist unless such actual or potential cross connections are abated or controlled to the satisfaction of the city or its authorized representative.

(b)   No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.

(Ord. 547, Sec. 3)

(a)   The customer’s premises shall be open at all reasonable times to the city or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross connections in the consumer’s water system.

(b)   On request by the city or its authorized representative, the consumer shall furnish requested information on water use practices within his or her premises and in the consumer’s water system.

(c)   On request by the city or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether there are actual or potential cross connections. The consumer shall provide the survey results to the city or its authorized representative.

(Ord. 547, Sec. 4)

(a)   An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgement of the city or its authorized representative or the KDHE, actual or potential cross connections exist. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.

(b)   .An approved air gap separate or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgement of the city or its authorized representative or the KDHE, the nature and extent of activities on the premises, or the material used in connection with the activities, or materials used in connection with the activities, or materials stored on the premises, would present a health hazard or contamination of the public water supply system from a cross connection. This includes but is not limited to the following situations:

(1)   Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the city or its authorized representative and KDHE.

(2)   Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.

(3)   Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or al sufficiently short notice to assure the cross connections do not exist.

(4)   Premises having a repeated history of cross connections being established or re-established.

(5)   Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.

(6)   Premises on which any substance handled to permit entry into the public water supply system, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

(7)   Premises where toxic or hazardous materials are handled.

(c)   The following types of facilities fall into one or more of the categories or premises where an approved air gap separate or reduced pressure principle backflow prevention device may be required by the city or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the city or its authorized representative and the KDHE:

(1)   Agricultural chemical facilities.

(2)   Auxiliary water systems, wells.

(3)   Boilers.

(4)   Bulk water loading facilities.

(5)   Car washing facilities.

(6)   Chemical manufacturing, processing, compounding or treatment plants.

(7)   Chill water systems.

(8)   Cooling towers.

(9)   Feedlots.

(10) Fire protection systems.

(11) Hazardous waste storage and disposal sites.

(12) Hospitals, mortuaries, clinics or others as discovered by sanitary surveys.

(13) Irrigation and sprinkler systems.

(14) Laundries and dry cleaning.

(15) Meat processing facilities.

(16) Metal manufacturing, cleaning, processing and fabricating plants.

(17) Oil and gas production, refining, storage or transmission properties.

(18) Plating plants.

(19) Power plants.

(20) Research and analytical laboratories.

(21) Sewage and storm drainage facilities--pumping stations and treatment plants.

(22) Veterinary clinics.

(Ord. 547, Sec. 5)

(a)   An approved pressure vacuum breaker or reduced pressure principle backflow preventer shall be installed on all new law irrigation sprinkler systems.

(b)   All lawn sprinkler systems that have no backflow protection shall be so protected within 90 days from the date of the enactment of this article or prior to usage, whichever is later.

(c)   All lawn sprinkler systems with improper backflow protection shall be retrofitted in accordance with subsection (a) within one year from the date of enactment.

(Ord. 547, Sec. 6)

Any backflow prevention device required by this regulation/ordinance shall be of a model or construction approved by the city or its authorized representative and the KDHE.

(a)   Air gap separate to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

(b)   Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this regulation/ordinance was passed and complies with required inspection and maintenance.

(Ord. 547, Sec. 7)

(a)   Backflow prevention devices required by this article shall be installed at a location and in a manner approved by the city or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the city or its authorized representative agrees otherwise.

(b)   Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical and prior to any other connection.

(c)   Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturers’ recommendations.

(Ord. 547, Sec. 8)

(a)   The consumer is required by this article to inspect, test and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the city or its authorized representative.

(1)   Air gap separations shall be inspected at the time of installation and at least monthly.

(2)   Double check valve assemblies shall be inspected and tested for tightness at the time of installation and dismantled, inspected internally, cleaned and repaired whenever needed and at least every 12 months.

(3)   Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.

(b)   Inspections, tests and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.

(c)   Whenever backflow prevention devices required by this article are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer.

(d)   The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. All records of inspections, tests, repairs and overhauls shall be provided within 30 days to the city or its authorized representative.

(e)   All backflow prevention devices shall have a tag showing the date of the last inspection, test or overhaul other maintenance.

(f)   Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the city or its authorized representative.

(Ord. 547, Sec. 9; Ord. 551, Sec. 1)

(a)   The city or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this article is not installed, tested and maintained in a manner acceptable to the city or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists.

(b)   Water service to such premises shall not be restored until the consumer is in compliance to the satisfaction of the city or its authorized representative.

(Ord. 547, Sec. 10)