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

The general management, care, control and supervision of the City Water System shall be in the Maintenance Supervisor, who shall be appointed by the Mayor with the consent of the Governing Body.

(Ord. 541, Sec. 1)

The furnishing of water to customers by the City through its waterworks system shall be governed by the regulations set forth in this ordinance.

(Ord. 541, Sec. 2)

The City does not guarantee the delivery of water through any of its mains and connecting services at any time, and does not guarantee any specific water pressure. Failure to provide delivery of water or to provide water at a given pressure, shall not create liability on the part of the City.

(Ord. 541, Sec. 3)

(a)      The owner of each house, building, or other structure 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.

(c)      A house, building, or other structure used for human occupancy, employment, recreation, or other purpose that was legally established and not connected to a public water main as of the effective date of this article shall not be deemed nonconforming solely because it is not connected to such public water main as required by Section 15-104(a). The City of Goddard shall bear no responsibility, nor shall the City assume any liability for either the quality or the quantity of water obtained from any other source, including, but not limited to private wells.

(Ord. 541, Sec. 4)

(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 108 of this article.

(Ord. 541, Sec. 5)

Upon written request, subject to the approval of the Governing Body of the City of Goddard, Kansas, the City shall install one or more fire hydrants at or near a designated premise.

(a)      The cost of installing said fire hydrant or hydrants, including extending any water mains and service lines, shall be paid entirely by the requesting party, unless the Governing Body of the City of Goddard, Kansas determines extraordinary circumstances exist sufficient to warrant the City’s paying all or a part of said costs, in which case the City of Goddard shall pay such portion of the costs of installing said fire hydrant or hydrants as the Governing Body of the City of Goddard, Kansas may deem appropriate.

(b)     The design for and construction of any water lines and the installation of said fire hydrant or hydrants shall be approved by the City Engineer for the City of Goddard.

(c)      All such facilities shall be dedicated to the City of Goddard, Kansas.

(d)     If the requesting party is not a water customer of the City of Goddard, Kansas, the Governing Body of the City of Goddard, may, at its discretion, impose a monthly fee for said additional fire hydrant.

(e)      The cost of all materials and labor expended by the City of Goddard for the maintenance, repair and/or replacement of such additional fire hydrant shall be paid entirely by the requesting party.

(Ord. 541, Sec. 6; Ord. 550)

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 only by City Employees or by a contractor specifically approved by the City for that particular connection.

(Ord. 541, Sec. 7)

(a)      The fees for residential connections to the City waterworks system shall be as follows:

(1)          For connecting to a water main with three-fourths inch tap, three-fourths inch service line and installing three-fourths inch meter within the City Limits of the City of Goddard- $1,000.00, plus any applicable tax;

(2)          For connecting to a water main with three-fourths inch tap, three-fourths inch service line and installing three-fourths inch meter outside of the City Limits of the City of Goddard, but within the limits of a water district as set forth in Section 15-111 of the Code of the City of Goddard, Kansas- $1,400.00, plus any applicable tax;

(3)          For connecting to a water main with three-fourths inch tap, three-fourths inch service line and installing three- fourths inch meter outside of the City Limits of the City of Goddard, and outside the limits of a water district as set forth in Section 15-111 of the Code of the City of Goddard, Kansas- $1,800.00, plus any applicable tax.

(b)     The fees for commercial and industrial connections to the City waterworks system shall be as follows: $2,500, plus any applicable tax, for connecting to a water main of the City of Goddard.

(c)      In the event a consumer requests a meter larger than three-fourths inch, the consumer shall pay, in addition to the permit, inspection and connection fee, the additional cost of any larger meter, together with all increased costs incidental to the installation of said meter and a 10% mark-up on materials.

(d)     If the consumer is outside the City Limits of the City of Goddard, and there does not exist a water line contiguous to such consumer’s premises, said consumer shall pay the additional expense of installing a water line to his premises, unless the Governing Body of the City of Goddard, Kansas determines extraordinary circumstances exist sufficient to warrant the City paying all or a part of said costs, in which case the City of Goddard shall pay such portion of said costs as the Governing Body of the City of Goddard, Kansas may deem appropriate. The design for and construction of said water lines shall be approved by the engineer for the City. All such facilities up to and including the water meter shall be dedicated to the City of Goddard.

(e)      The local school district shall be deemed a commercial consumer.

(f)      The City Council of the City of Goddard, Kansas may, by majority vote and when the Council determines it to be in the best interests of the City, waive the provisions of this section relating to charges for connecting the City water system to water mains located outside the City limits and charge for such connections such charges as would be otherwise applicable if the main were located within the City limits.

(Ord. 541; Ord. 571; Code 2001; Ord. 611; Ord. 694; Code 2012; Ord. 777)

(a)      Effective May 20, 2015, the following are established as the rates for water sales by the City of Goddard, Kansas:

(1)          Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$5.50 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month,

(2)          Residential Use Outside City Limits (Subject to Exceptions found in Section 15-111 of the Code of the City of Goddard, Kansas):

$12.44 Monthly debt service fee, plus

$16.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(3)          Non-Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$11.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month.

(4)          Non-Residential Use Outside City Limits:

$12.44 Monthly debt service fee, plus

$20.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(5)          Bulk Water Sales:

$12.44 Monthly debt service fee, plus

$25.00 Minimum for up to 1,000 Gallons, plus

$2.00 per 1,000 Gallons for 1,001 to 5,000 Gallons,

$2.50 per 1,000 Gallons for 5,001 to 10,000 Gallons, and

$3.00 per 1,000 Gallons for all water over 10,000 Gallons.

(b)     Effective September 20, 2015, the following are established as the rates for water sales by the City of Goddard, Kansas:

(1)          Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$6.50 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month,

(2)          Residential Use Outside City Limits (Subject to Exceptions found in Section 15-111 of the Code of the City of Goddard, Kansas):

$12.44 Monthly debt service fee, plus

$17.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(3)          Non-Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$12.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month.

(4)          Non-Residential Use Outside City Limits:

$12.44 Monthly debt service fee, plus

$21.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(5)          Bulk Water Sales:

$12.44 Monthly debt service fee, plus

$26.00 Minimum for up to 1,000 Gallons, plus

$2.00 per 1,000 Gallons for 1,001 to 5,000 Gallons,

$2.50 per 1,000 Gallons for 5,001 to 10,000 Gallons, and

$3.00 per 1,000 Gallons for all water over 10,000 Gallons.

(c)      Effective September 20, 2016, the following are established as the rates for water sales by the City of Goddard, Kansas:

(1)          Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$7.50 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per l ,000 Gallons for all water over 10,000 Gallons per month,

(2)          Residential Use Outside City Limits (Subject to Exceptions found in Section 15-111 of the Code of the City of Goddard, Kansas):

$12.44 Monthly debt service fee, plus

$18.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(3)          Non-Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$13.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month.

(4)          Non-Residential Use Outside City Limits:

$12.44 Monthly debt service fee, plus

$22.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(5)          Bulk Water Sales:

$12.44 Monthly debt service fee, plus

$27.00 Minimum for up to 1,000 Gallons, plus

$2.00 per 1,000 Gallons for 1,001 to 5,000 Gallons,

$2.50 per 1,000 Gallons for 5,001 to 10,000 Gallons, and

$3.00 per 1,000 Gallons for all water over 10,000 Gallons.

(d)     Effective September 20, 2017, the following are established as the rates for water sales by the City of Goddard, Kansas:

(1)          Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$8.50 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month,

(2)          Residential Use Outside City Limits (Subject to Exceptions found in Section 15-111 of the Code of the City of Goddard, Kansas):

$12.44 Monthly debt service fee, plus

$19.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(3)          Non-Residential Use Within City Limits:

$12.44 Monthly debt service fee, plus

$14.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.50 per 1,000 Gallons for 2,001 to 5, 000 Gallons per month,

$1.75 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.00 per 1,000 Gallons for all water over 10,000 Gallons per month.

(4)          Non-Residential Use Outside City Limits:

$12.44 Monthly debt service fee, plus

$23.00 Monthly Minimum for up to 2,000 Gallons per month, plus

$1.55 per 1,000 Gallons for 2,001 to 5,000 Gallons per month,

$1.80 per 1,000 Gallons for 5,001 to 10,000 Gallons per month, and

$2.05 per 1,000 Gallons for all water over 10,000 Gallons per month.

(5)          Bulk Water Sales:

$12.44 Monthly debt service fee, plus

$28.00 Minimum for up to 1,000 Gallons, plus

$2.00 per 1,000 Gallons for 1,001 to 5,000 Gallons,

$2.50 per 1,000 Gallons for 5,001 to 10,000 Gallons, and

$3.00 per 1,000 Gallons for all water over 10,000 Gallons.

(Ord. 541, Sec. 9; Ord. 570; Code 2001; Ord. 611; Ord. 694; Code 2012; Ord. 772)

Effective March 1, 2010 all residential, commercial, and industrial consumers shall be billed monthly. Billing for each cycle shall be made within 10 days of the end of that billing cycle. All water service utility bills are due and payable at Goddard City Hall on the twentieth (20th) of each month.

(Ord. 541, Sec. 10; Code 2001; Ord. 694)

The rates for residential consumers within the City Limits set forth in Section 109(a) of this article, shall apply to all residential consumers outside the City Limits of the City of Goddard, but inside the established limits of a water benefit district or improvement district, duly organized or incorporated under the laws of the State of Kansas, which has constructed a water system in accordance with the applicable state statutes and specifications, and the requirements of the City Engineer for the City of Goddard, and which benefit district or improvement district has dedicated said water system to the City of Goddard. Said exception includes, and is limited to, the Reece Road Improvement District and Highview Estates Water Improvement District.

(Ord. 541, Sec. 11)

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.

(Ord. 541, Sec. 12)

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

(Ord. 541, Sec. 13)

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. Except that in the case of an emergency, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to turn off the water at the water meter or curb cock, and, after repairs have been made, to turn on the water at the water meter or curb cock, provided that the City has not otherwise terminated service.

(Ord. 541, Sec. 14)

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

(b)     One water service line and meter shall be installed for each premises. Additional meters, water service lines and other appurtenances may be installed as approved by Governing Body of the City of Goddard. Requests for installation of additional water service lines and water meters shall be treated as requests for new service, subject to the payment of the fees set forth in this article, unless determined otherwise by Governing Body of the City of Goddard.

(c)      Each and every dwelling, apartment unit, business or place of business, shall be on a separate water line and meter. The City of Goddard shall permit no master metering of water except as follows:

(1)          Fire protection as provided in Section 15-106;

(2)          Where, due to unusual circumstances, approval has been explicitly given by a recorded vote of the Governing Body of the City of Goddard.

(3)          Where water has been supplied through one service line and one meter to more than one dwelling, apartment unit, business or place of business, the City of Goddard may, at its discretion, refuse to furnish water until separate service lines and meters are provided.

(d)     All meters, whether now in service or hereafter installed, shall remain the sole property of the City of Goddard. It shall be unlawful for any person to obstruct access thereto by the City of Goddard

(e)      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 must be installed in a location specified by the Maintenance Supervisor.

(f)      The City’s responsibility for repair and maintenance of any water line shall not extend past the property line, but in no event shall the City’s responsibility extend beyond the water meter.

(Ord. 541, Sec. 15)

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 five (5) percent, the meter will be deemed correct and a charge determined by the City will be made to the customer. Said charge shall be based on the number of man-hours expended performing said test, the hourly rate paid by the City for such labor and any additional expenses incurred in relation to said test. Should the meter be found to be inaccurate, an adjustment may be given to the customer for any period during which the inaccuracy appears to have affected the water meter reading, not to exceed six months of billing assessments.

(Ord. 541, Sec. 16)

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, except as provided in Section 113 of this article. Each twenty-four (24) hour period during which a violation occurs shall constitutes a separate violation of this section. Violation of this section shall be punishable by a fine of not more than $1,000.00 for each twenty-four (24) hour period.

(Ord. 541, Sec. 17)

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 a water bill or meter reading which he or she considers excessive.

(Ord.541, Sec. 18)

(a)      All monthly water utility bills are due and payable at Goddard City Hall within thirty (30) days of the meter reading date. If any bill is not paid in full within said thirty (30) day period, the City of Goddard shall charge a late payment penalty of ten percent (10%) of the delinquent amount.

(b)     If any water bill is not paid in full within said thirty (30) day period, a delinquency and termination notice shall be issued containing the following information:

(1)          The amount due on the unpaid balance, plus the applicable penalty and interest;

(2)          The customer’s right to a hearing before the Goddard City Council or the Council’s delegate by appointment;

(3)          Notice that service may be terminated in fifteen (15) days, without any further notice, if the bill remains unpaid;

(4)          A reconnection fee will be charged;

(5)          That any partial payments will first be applied to penalties and interest charges.

(c)      If water service is terminated for non-payment of the water bill, water service to the premises shall be reinstated only on the payment of a reconnection fee. Said reconnection fee shall be:

(1)          $60.00 if located within the City Limits, except that in cases of water service reconnection made after 4 p.m. weekdays, or on weekends or holidays, the customer shall pay a $90.00 reconnection fee;

(2)          $80.00 if located outside the City Limits except that in cases of water service reconnection made after 4 p.m. weekdays, or on weekends or holidays, the customer shall pay a $120.00 reconnection fee.

(d)     If the City Water Department is dispatched to terminate service for nonpayment of a water bill, but before service is terminated the water bill is paid in full, the water consumer shall still be charged the applicable reconnection fee set forth in Section 119(c) of this article.

(Ord. 541, Sec. 19)

(a)      Prior to June 2, 2003, at the time of making application for water service, on property occupied or to be occupied by a person other than the property owner, the customer shall make a cash deposit of Seventy-Five Dollars ($75.00) to secure payment of accrued bills or bills due on discontinuance of service. The City will hold said deposit as a credit to be applied to the final amount due at time of discontinued service. When said water service is discontinued said credit will be deducted from the unpaid balance and the remaining credit, if any, will be returned to the customer. If the balance, after applying the credit, is a debit balance, the customer shall pay the City the amount due.

(b)

(1)          After June 2, 2003, at the time of making application for water service, the property owner or customer shall pay a connection fee of Fifty Dollars ($50.00). Receipt thereof shall be issued to each such property owner or customer. This fee will be deposited in the water fund and is nonrefundable.

(2)          When making application for a transfer of water service from one property to another, the property owner or customer shall pay a connection fee of Fifteen Dollars ($15.00). A receipt shall be issued to each such property owner or customer. This fee will be deposited in the water fund and is nonrefundable.

(3)          This ordinance shall not be used to assess a connection fee from a landlord when water service is continued between leases.

(c)      Services pursuant to section (b) will not be activated unless and until the property owner or customer submits the appropriate application and payment of the applicable fee is received.

(Ord. 541, Sec. 20; Code 2001; Ord. 581, Sec. 1)

(a)      Each owner of real property within or without the City of Goddard, Kansas, to which water and/or sewer services are supplied, is hereafter liable to the City of Goddard, Kansas, for all charges for providing such City water and/or sewer services to said real property. Said liability for said charges shall be joint with any person or persons residing upon said real property and who may be deemed to be the actual user of said service.

(b)     In the event such water and/or sewer service charges are not paid within the time and in the manner required by the ordinances of the City of Goddard, the City Clerk shall certify to the County Clerk of Sedgwick County, Kansas, the legal description of the real property to which said sewer and/or water services were provided, together with the amount of such unpaid charges, and said charges shall thereupon be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes are, by law, collectible and shall become a lien upon the real property so served.

(Ord. 541, Sec. 21)

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

(Ord. 541, Sec. 22)

It shall be a violation of this ordinance 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)     Make any connections with any extension of the supply pipes of any consumer without first obtaining written permission to do so from Mayor or 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. Except that, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to remove the meter lid and turn off the water at the water meter or curb cock, as set forth in Section 15-113 of this article, provided that said meter lid is subsequently replaced.

(Ord. 541, Sec. 23)

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.

(Ord. 541, Sec. 24)

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.

(Ord. 541, Sec. 25)

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 or other notification, 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.

(Ord. 541, Sec. 26)