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.

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.

As used in this article, the following terms shall be defined to mean:

(a)   Administrative Authority shall mean the City of Park City, Kansas acting upon given practices, policies and information approved and provided by the Kansas Department of Health and Environment.

(b)   Backflow shall mean the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any sources other than its intended source.

(c)   Backflow Retention Device shall mean a device or means of preventing backflow into the potable water system.

(d)   Backsiphonage shall mean the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a negative pressure in such pipe. (see Backflow).

(e)   Cross Connection shall mean any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it may be possible for non-potable, used, unclean, polluted and/or contaminated water or other substances to enter into any part of such potable water system under any condition.

(f)    Certified Technicians shall mean Qualified Device Testers as determined by the Kansas Department of Health and Environment (list on file at City Hall).

(g)   Public Works Personnel-shall mean any public works employee of the City of Park City, Kansas.

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.

(a)   The owner of any house, building, or property used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which a public water main is located, is hereby required at his or her own expense to make connection to such public water main from any such house, building, or property. Such obligation to connect to the public water distribution system shall also arise when a new public water main is constructed in any street, alley, or right-of-way within the city abutting any such house, building, or property.

(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 deposit costs specified herein.

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.

Pursuant to the journal entry of judgment, as most recently amended on September 29, 2022, in the case captioned City of Park City, Kansas, Plaintiff, vs. Rural Water District No. 2, Sedgwick County, Kansas, Defendant, in Sedgwick County District Court Case No. 96-C-3559, the City of Park City is required to and does hereby assess hook-up fees in the amount of Two Hundred Fifty Dollars ($250) for each new residential or commercial water hook-up for properties located within the boundaries of Sedgwick County Rural Water District No. 2 (excepting the Kansas Coliseum property). The payment of said hook-up fee shall be due at such time as the property is connected to the City’s water line and shall be in addition to any other fees or deposits due the City.

(Ord. 1151)

The City may charge Ten Dollars ($10.00) for each service call scheduled by the consumer for a service reconnect with the City for which the customer fails to appear to meet the representative of the water department. The charge for a missed appointment will be billed as a part of the next regularly scheduled billing of the customer for water service.

(a)   No installation of potable water supply piping or any part thereof shall be made in such a manner that it will be possible for unclean, polluted or contaminated water, mixtures, or substances to enter any portion of such piping from any tank, receptacle, equipment, or plumbing fixture by reason of backsiphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle, equipment, or plumbing fixture is flooded, or subject to pressure in excess of the operating pressure in the hot or cold water piping.

(b)   No person shall make a connection or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water system, and any pipes, conduits, or fixtures containing or carrying water from any other source or containing or carrying water which has been used for any purpose whatsoever, or any piping carrying chemicals, liquids, gases, or any substances whatsoever, unless there is provided a backflow prevention device approved for the potential hazard.

(c)   No plumbing fixture, device, or construction shall be installed or maintained or shall be connected to any domestic water supply when such installation or connection may provide a possibility of polluting such water supply or may provide a cross connection between a distributing system of water for drinking and domestic purposes and water which may become contaminated by such plumbing fixture, device, or construction unless there is provided a backflow prevention device approved for the potential hazard.

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.

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.

(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 of the City; provided, however, that in the event of a water leak within a structure which threatens to do excessive damage to the contents and/or structure itself, a person may take steps to protect the said structure and its contents, including shutting off the water flow from the public water system if it is not possible to either get permission from the City or contact authorized city officials or representatives in time to prevent excessive damage.

(b)   If it is determined by the City that a person acted in violation of subsection (a) and, as a result, damage was done to the City’s water meter or associated structures, the property owner shall be charged $300.00 to defray the costs of repair and such amount shall be added to the amount due for water service to the property. Such charge may be reduced to $150.00 if the property owner provides proof he or she has installed a properly functioning shut off valve on the water line serving the structure(s) on the property.

(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.

(c)   The city’s responsibility for water leaks stops at the customer side of the meter.

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 measure water flow within 2% of the actual flow through the meter, the meter will be deemed accurate and a charge of $40.00 will be made to the customer.

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.

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 for relief from a water bill or meter reading that he or she considers excessive.

A charge of $10.00 shall be made for connection of water service for new customers at a specific property.  A charge of $10.00 shall be made for a transfer of service from one property served by the City to another property served by the City. In the event that a customer fails to pay a utility bill in full within the grace period provided in a notice sent out in accordance with Section 15-103, such customer shall pay a charge of $70.00.  This charge shall be due irrespective of whether or not water service was actually disconnected. Reconnection of water service after a failure to pay a utility bill in full within the grace period provided in a notice sent out in accordance with Section 15-103 requires payment in full of the delinquency, including interest and any other charges authorized in this Chapter. A charge of $50.00 shall be made for the locking of any meter by the City.

(Ord. 899; Ord. 1022; Code 2021; Ord. 1199)

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. Provided, however, for any customer who has had water service discontinued two times in any twelve-month period for non-payment, a utility deposit equal to the highest monthly balance during said twelve-month period shall be required.

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

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)   Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from 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.

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.

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.

There shall be charged to the consumer of water provided by the City the rates for such water as herein provided:

(a)   A monthly base charge and a monthly consumption charge as established from time to time by the governing body;

(b)   A one-time municipal connection fee of $10.00 charged to each new customer.

(c)   For consumers located OUTSIDE the corporate limits of the City the charges will be 1 1/2 times the base charges and monthly consumption charges identified in sub­paragraphs (a) above.

(d)   From June 16th through October 15 of each year consumers shall be subject to an excess use fee in addition to the charges set out above. Such excess use fee for residential consumers shall apply to water usage in any month during this period that exceeds 15,000 gallons. For each 1,000 gallons of excess use the water charge set out in subparagraph (a) shall be increased by 50%. Such excess use for commercial and industrial consumers shall apply to water usage in any month which is in excess of 150% of the average monthly usage for the property in the 8 months immediately prior to June 16^th, or, if there is no basis for such an average because there has not been 8 months of usage, for usage in excess of 15,000 gallons per month. For each 1,000 gallons of excess use the water charge set out in subparagraph (b) shall be increased by 50%. The excess use fee for irrigation meters shall be calculated in the same manner as for non-residential customers except that the average monthly usage for the 8 months preceding June 16^th shall be calculated using the water usage for the utility account associated with the separate

(Ord. 952; Ord. 1087; Code 2021)

All utility bills for the previous month’s utility service shall be paid on or before the 15th day of the month following the service, except that when the 15th day of the month falls on a Saturday, Sunday or holiday the bill shall be due the next regular business day. For any billing not paid when due a late charge of 10% percent of the unpaid amount will be added to the bill. All payments received are credited first to any late charges and then to any unpaid balance with the remainder, if any, credited to the current bill.

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.

(a)   Cross Connection control shall be provided in accordance with these provisions. No person shall install any water operated equipment or mechanism, or use any water treating chemical substance, if it is found that such equipment, mechanism, chemical or substance may cause pollution or contamination of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device installed and tested by a Certified Technician.

(b)   Approval of Devices or Assemblies-Before any device or assembly is installed for the prevention of backflow, it shall have first been approved for that purpose by the Administrative Authority. Devices or assemblies shall be tested for conformity with recognized standards or other standards acceptable to the Administrative Authority.

(1)   Installation, testing and repairs shall be performed by a Certified Technician who shall be required to purchase a Cross Connection-Backflow Prevention Device Permit at a cost of $10.00 from the City of Park City, Kansas.

(2)   The Certified Technician shall complete a Backflow Device Test Report and return it to City Hall for filing.

(3)   A permanent record shall be kept of all locations where cross connection exists and the type(s) of backflow prevention device(s) utilized. All backflow prevention devices shall be tested on an annual basis and a new Backflow Device Test Report completed and returned to City Hall for filing. All testing must be completed by a Certified Technician, no exceptions.

(4)   All devices or assemblies installed in a potable water supply system for protection against backflow shall be maintained in good working condition by the person(s) having control of such devices or assemblies. The Administrative Authority or other department having jurisdiction may inspect such devices or assemblies and, if found to be defective or inoperative, shall demand the immediate repair or replacement thereof. No device or assembly shall be removed from use or relocated or other device or assembly substituted, without the written permission of the Administrative Authority.

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.

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.

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.

(a)   Any person, firm, corporation, partnership or individual who installs or maintains a cross-connection in violation of this article shall be notified of the violation by the Administrative Authority. Any person, firm, corporation, partnership or individual who fails to provide a tested backflow prevention device or assembly on a cross connection, installed by a Certified Technician, shall be subject to immediate disconnection from the potable water supply until such time as the violation is corrected.

(b)   The Administrative Authority has the right of entry on all properties where it is believed a cross connection has or will occur and the right to protect the public health by abating the violation(s).

Any person, firm or corporation who shall be convicted in a court of competent jurisdiction of violating any portion of this Article shall be deemed guilty of a misdemeanor.