The waterworks system of the city shall be operated by a department to be known as the “water department.” The department shall consist of the governing body, a superintendent, and other officers and employees of the city who shall devote all or part of their time to the conduct of the department. The city administrator shall maintain, manage, conduct and control the waterworks system and department. The governing body shall make all such ordinances, rules and regulations as may be necessary for the safe, economical and efficient management of the waterworks.

(Code 1967, 15-101)

There is hereby created the position of superintendent of water department the superintendent of the water department shall be employed by the city administrator and shall perform the following duties:

(a)   He or she shall have general control and charge of the maintenance and operation of the city’s water supply and treatment plant, water wells, pumping equipment, distribution system, hydrants, meters, and all other appurtenances of the waterworks system. He or she shall generally supervise all extensions and alterations of the waterworks system and sewer system as directed by the city administrator.

(b)   He or she shall be responsible for the reading of water meters.

(c)   He or she shall report monthly to the city administrator on all materials concerning the waterworks system.

(d)   He or she shall keep up-to-date maps of the waterworks systems showing the exact location of all water lines, hydrants, service connections and all other equipment of the systems and shall file with the city administrator an annual inventory of all such property in January of each year.

(e)   He or she shall supervise and inspect all water service connections and installations.

(f)   He or she shall perform all other duties assigned to him or her by the city administrator and shall be subject to general advice and control of the city administrator with respect to all specific duties.

(g)   He or she shall have charge and control of all employees within his or her department subject only to direct instructions from the city administrator.

(h)   He or she shall perform all other duties imposed upon him or her by ordinance or law.

(Ord. 444, Sec. 1)

The employment of the regular employees of the department shall be by the administrator. Wages shall be approved by the governing body. All employees of the department shall be under the immediate control and management of the superintendent.

(Code 1967, 15-103)

The word owner as used herein shall mean the owner of the real property connected or to be connected to the water system. Customer shall be the party in whose name the account is carried. Consumer shall be the party using the water service.

(Code 1967, 15-104)

Any person, firm or corporation desiring any connection to the city water system and whose property is adjoining a water main or distribution line, shall apply to the office of the city clerk for a permit to make a connection thereto. The application shall be made in writing by the owner of the premises desiring the connection or by his or her authorized representative. Such application shall be made on forms provided by the department and shall contain such information as the department may require. The application and its acceptance by the department shall constitute a contract between the city and the applicant for the installation of the water connection.

(Code 1967, 15-105)

That water shall made available to all residents of the City and to the Kearny County Fairgrounds, to Louck’s Park, and to the rodeo grounds for human use (public only) and not for livestock or ground maintenance. Water service is for the exclusive use of the customer and may not be resold or shared with others.

Water service shall not be extended outside or beyond the City limits, but extensions and agreements made and entered into prior to the adoption of this ordinance are hereby ratified and confirmed. Service connections to any existing extended infrastructure outside of the City limits will be permitted for non-commercial use. The water utility reserves the right to refuse or remove connection to service outside the City limits if the connection exceeds the capacity of existing water infrastructure. Removal of connection from the system will be based on the seniority of the connection. In the event of removal, connection fees will not be refunded to the customer.

(Ord. 651, Sec. 1, Ord. 753; Ord. 820; Code 2018)

A water utility customer shall pay fees for water meter setting and service connections pursuant to code section 15-110 and resolution adopted by the governing body of the city.

(Ord. 428, Sec. 2; Code 2003; Ord. 874; Code 2018)

The city shall make all taps and bring the water to the meter setting: provided that in tapping water mains and putting in water connections, the city shall carry water to the meter setting but not to exceed 50 feet from the center of the street and at right angles from the main where the tap is made. The city shall own and be responsible for the operation and maintenance of the meter and setting and service line up to and include the outlet side of the meter.

(Ord. 428, Sec. 3)

The city may extend its water mains or lines within the city limits by construction or purchase, when applications have been made and agreements entered into by persons along the proposed extension that will produce a revenue in the judgment of the governing body sufficient to pay interest on the cost of the extension, and the operating cost of the service; provided, that the city may make extensions without applications having been made if the condition of the water fund will permit such extensions and in the judgment of the governing body it is advisable to do so. There shall be no water lines or extensions outside the city limits of the city other than to the Kearny County Fairgrounds, to Louck’s Park, to the Lakin Municipal Airport; and to the rodeo grounds for human use (public only) and not for livestock or ground maintenance, however, water lines or extensions and agreements pertaining thereto entered into prior to the adoption of this Ordinance are hereby ratified and confirmed.

(Ord. 651, Sec. 2; Ord. 753)

All plumbing work on any water pipes connected or to be connected with any water main or line of the city shall be performed in accordance with plumbing code of the city. All service pipes shall be genuine galvanized wrought iron pipe, brass, or copper, and shall be placed two and one-half feet below the established grade, or as low as the street mains.

(Code 1967, 15-110)

No person or persons shall make any excavation in any street, alley or public ground within the city for the purpose of laying any pipes for water service connections without first having secured a permit in writing to do so from the superintendent, nor make any excavation in any such street or ground within six feet of any water pipe while the ground is frozen, or to dig up or uncover so as to expose to the frost, any water pipe or sewer in the city except under the direction of the superintendent. No person or persons shall leave any excavation made in the public ways or grounds within the city open at any time without suitable barricades, and during the night suitable warning lights must be maintained at such excavation during all the time the same is open or partially open and no such excavation shall be kept open longer than is absolutely necessary. When any excavations are made in the ways or grounds, the streets, sidewalks and pavements must be restored to as good condition as they were previous to the making of the excavation by the parties making or causing the same to be made, all backfilling shall be thoroughly compact and left in a condition satisfactory to the superintendent and when such excavation or backfilling is in an unsatisfactory condition, the superintendent shall have the right to finish or correct the work and the expense shall be charged to the consumer and shall be paid by him or her before the water is turned on.

(Code 1967, 15-111)

There shall be a curb cock, of a kind to be approved by the superintendent in every service line attached to the water mains, the same to be placed between the curb line and lot line outside of the sidewalk. There shall be one or more stop and waste cocks to every supply pipe so that the water can be shut off and the house plumbing entirely drained. All outside cocks shall be enclosed in suitable boxes of approved construction. It shall be the duty of the owner of the property to keep the cocks and boxes in serviceable condition.

(Code 1967, 15-112)

Check valves shall be installed on all connections to steam boilers or on any connections otherwise deemed by the superintendent to require the same.

(Code 1967, 15-113)

Meters shall be placed in approved meter boxes and the same shall be covered and protected as required by the superintendent; provided, that in all cases the water meters shall be installed in such places as may be directed by the superintendent.

(Code 1967, 15-114)

The city reserves the right for duly authorized employees of the department to enter upon any premises at any reasonable hour for the purpose of reading, inspecting or examining the water meters and pipes. Meters will be read on or before the 10th day of each month as directed by the administrator.

It shall be the duty of the superintendent from time to time to cause the water meters to be inspected and to repair the same as may be required. The superintendent shall cause any meter complained of to be tested, and if the meter does not register 95 percent or more accurate, the same shall be repaired or replaced by the city. If the meter registers less than 95 percent accurate, the previous rendered bill shall be corrected accordingly. If the test shows that the meter has not over registered or under registered by more than five percent, the meter shall be considered as correct, and a $10 charge shall be assessed to the customer requesting the test. The city reserves the right to repair or have installed any meter without notice, when the meter is found not to be registering or out of repair, or in any manner defective; provided, that the consumer shall pay for any damage or sabotage to such meter.

(Ord. 620)

No allowance shall be made for water used, lost or wasted through leaks, carelessness, and neglect or otherwise after the same shall have passed through the meter. If the property owner, to, through, or upon which any water service pipe line shall supply water and which water service line shall become injured, destroyed, defective or leak, shall, within 24 hours after knowledge of or notice of any such condition, have such service line or connections repaired by a competent plumber. Upon the failure of any such owner to have such repairs made, the city may proceed to have such repairs as are necessary made, and then may shut off the water and deny the use of any water to any such property until the city has been reimbursed for the expenses of such repairs.

(Code 1967, 15-118)

The city reserves the right to shut off at any time, without notice, the water supply in its mains or laterals, for the purpose of making repairs or extensions, and all persons, firms or corporations having boilers or hot water tanks depending on pressure in the mains to keep the boilers and tanks supplied with water are cautioned against danger of combustion or explosion. The city shall not be liable for any damage done or any accident incident to the lack of water pressure or supply, or break in the mains or to shutting off of the water supply or failure of the city water pumps.

(Code 1967, 15-119)

During the progress of fire, the chief of the fire department is authorized and granted full power and authority over the operation of the waterworks and all service connected therewith, and the chief may exercise the authority herein during the emergency then existing from the fire. All customers and consumers of water are hereby notified that during any such fire all mains and lines may be subjected to pressure greater than normal and that no claim will be allowed against the city for any leaks or ruptures or other damage or injury caused by such fire pressure.

(Code 1967, 15-120)

It shall be the duty of all water consumers to prevent unnecessary waste of water and keep all water outlets closed when not in actual use. The city reserves the right to cut off the supply of water if unnecessary use of water takes place. The city reserves the right to prohibit the use of water for yard sprinklers, elevators or other large consumers of water and to restrict the use of domestic consumers when in the judgment of the governing body it is necessary because of the inadequate supply of water or for other reasons.

(Code 1967, 15-121)

All old service lines from the main to the meter shall be renewed when ordered by the council. The cost of renewing the service lines shall be charged to the property owner and shall be due and payable on the 1st day of the month following the installation of the renewal service, the same to be billed and collected with monthly water bill. If the renewal charge is not paid when due, the service shall be discontinued and no consumer shall receive water through the line until the charge is paid. The owner may renew the service lines on his or her property upon notification to the superintendent of his or her intention to do so.

(Code 1967, 15-123)

A customer shall give the department proper notice of at least two days requesting the city to discontinue service. Upon failure to give such notice, he or she shall be liable for the water registered by the meter, or the minimum bill, until such time as notice is given. No person shall connect or disconnect any water service connection without the approval of the superintendent, and the city reserves the right to disconnect all water connections and discontinue water services for the violation of the rules and regulations imposed herein.

(Code 1967, 15-124)

The superintendent is authorized to make temporary water connections for the use of contractors and other persons having use for water for building or other purposes. The superintendent may furnish a portable meter for measuring the same, and the water rents charged shall not be less than the minimum monthly bill and not less than the actual cost of making the temporary connection. Where the temporary use of water cannot be metered, the superintendent shall make the charge based on the estimate of water used, the same to be paid to the city as in the case of other water rents.

(Code 1967, 15-125)

It shall be unlawful for any person to deface damage, destroy or molest any of the property of the waterworks system, operate valves, hydrants, stop gates, or meters or in any other manner interfere with the operation of the system.

(Code 1967, 15-127)

It shall be unlawful for any person to cast any stone, stick, clay, or any other substance whatsoever in the basin or reservoir of the water plant or in any manner pollute the waters thereof or in any way to pollute the source of the water supply.

(Code 1967, 15-128)

All water sold by the city to water utility customers within the city limits shall be on a metered basis. The rates to be charged for water shall be as follows:

(a)   1 gallon to 5,000 gallons               $35.16 minimum charge

(b)   5,001 gallons to 10,000 gallons        $3.76 per 1,000 gallons additional charge

(c)   10,001 gallons to 18,000 gallons      $5.01 per 1,000 gallons additional charge

(d)   18,001 gallons to 40,000 gallons      $5.62 per 1,000 gallons additional charge

(e)   Over 40,001 gallons                        $6.24 per 1,000 gallons additional charge

Water rates for water service outside the city limits, and the bulk water rate, shall be two (2) times the rates established in subsections (a) through (e) above.

Where apartments, mobile homes or two or more dwellings or commercial establishments are owned by one (1) customer and are served through one (1) meter, the rate schedule shall be applied by multiplying the rates in subsections (a) through (e) by the number of units served.

The rates established in this section shall be effective June 1, 2019.

(Ord. 723, Ord. 797, Ord. 837; Code 2018; Ord. 898; Ord. 903)

All water charges or rents shall be paid upon bills rendered each customer following the reading of the meters each month. All such bills shall be due and payable at the city clerk’s office on or before the 1st day of the succeeding month and shall be considered delinquent if not paid by the 10th of the month.

If any customer shall fail or neglect to pay such bill in full on or before the time a late charge equal to five percent of the bill shall be added thereto and collected by the city clerk from the customer.

(Ord. 588)

A delinquency and termination notice shall be issued one (1) day after a bill is delinquent. The delinquency and termination notice shall provide the customer of record with the following information:

(a)   The amount due on the unpaid balance;

(b)   The customer’s right to a hearing before the hearing officer;

(c)   Notice that service will be terminated on the 20th day of the month if the bill remains unpaid.

If the customer of record is not the occupant where water service is provided, then the department shall provide similar notification to the occupant. The request for a hearing must be no later than three (3) working days before the date of discontinuance. Such hearings will be conducted by the city administrator or the designee of the city administrator. The department is authorized to discontinue and disconnect water service for any customer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the department with their correct address for billing purposes.

(Ord. 520; Ord. 881; Code 2018)

Any customer whose service is terminated pursuant to this Article and whose water meter is disconnected shall pay a fee of $25.00 for such disconnection. The payment of such fee shall also cover the fee for any reconnection of such meter.

(Code 2003; Ord. 931)

The city reserves the right to classify consumers of water into domestic, commercial, and industrial consumers and to fix rates for commercial and industrial users by a written contract between the city and any such classified user on such terms as may be mutually agreed; provided, that until such special agreements shall be entered into the rates for all water consumers will be as provided in section 15-326.

(Code 1967, 15-402)