Chapter 13.10
WATER SYSTEM

Sections:

Article I. Generally

13.10.010    Definitions.

13.10.020    Repealed.

13.10.030    Water superintendent.

13.10.040    Repealed.

13.10.050    Service outside city.

13.10.060    Depth of water pipes – Placement near other pipes.

13.10.070    Application for city water service line connection.

13.10.080    Unlawful acts.

13.10.090    Turning off of water.

13.10.100    Persons or companies who can install city water service lines or water meter service.

13.10.110    Repealed.

13.10.120    Water service to owner of real property outside city limits – Requirements.

13.10.130    Repealed.

Article II. Utility Account

13.10.140    Application.

13.10.150    Deposits fund.

13.10.160    Repealed.

13.10.170    Transfer to water utility fund.

13.10.180    Repealed.

Article III. Fluoridation

13.10.190    Operations, maintenance and funding.

13.10.200    Repealed.

13.10.210    Repealed.

Article IV. Water Service Lines

13.10.220    Repealed.

13.10.230    Repealed.

13.10.240    Size.

13.10.250    Specifications for installation, materials and inspection.

13.10.260    Repealed.

13.10.270    City water service line termination/abandonment/replacement.

13.10.280    Repair and responsibilities of property owner and city.

13.10.290    Fire protection lines.

Article V. Meters

13.10.300    Definitions.

13.10.310    Installation.

13.10.320    Designation of size.

13.10.330    Repealed.

13.10.340    Testing, approval.

13.10.350    Repair.

13.10.360    Tampering.

13.10.370    Replacement.

13.10.380    Hydrant meter – Permit required.

13.10.390    Hydrant meter – Deposit required.

13.10.400    Hydrant meter – Fees.

Article VI. Fire Hydrants

13.10.410    Installation.

13.10.415    Requirements.

13.10.420    Obstruction.

13.10.430    Use by city departments and divisions.

13.10.440    Changing location.

13.10.450    Altering color.

13.10.460    Damage to fire hydrant.

13.10.470    Illegal use of a fire hydrant.

Article VII. Fees and Charges

13.10.480    Water protection fees and clean drinking water fees.

13.10.490    Rendering of bills.

13.10.495    Fees and charges.

13.10.497    Water system fees.

13.10.500    Repealed.

13.10.510    Computation of combined utility bill.

13.10.520    Application to contracts.

13.10.530    Repealed.

13.10.540    Repealed.

13.10.550    Repealed.

13.10.560    Delinquent utility account – Restoration of water service.

13.10.570    Repealed.

13.10.580    Unauthorized water service.

13.10.585    Appeals.

Article VIII. Water Conservation

13.10.590    Definitions.

13.10.600    Plan established.

13.10.610    Declaration of policy.

13.10.620    Authorization.

13.10.630    Application.

13.10.640    Wholesale water districts.

13.10.650    Enforcement – Penalty for violations.

13.10.660    Declaration of water emergency.

13.10.670    Prohibitions – Guidelines for implementation of stages.

13.10.680    Water conservation stages – Stage 1, voluntary conservation measures.

13.10.690    Water conservation stages – Stage 2, mandatory conservation measures – Water alert.

13.10.700    Water conservation stages – Stage 3, mandatory conservation measures – Water warning.

    Cross References: Plumbing code, TMC 14.35.010 et seq.

Article I. Generally

13.10.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“City water service line” means only the section of water pipe that connects to the water main and extends to the city’s water meter for that property. The city water service line does not include any section of water pipe that extends from the city’s water meter to the structure, premises or yard hydrant being served or any portion of water pipe on private property.

“Customer water service line” means only the section of water pipe that connects from the city’s water meter for that property and extends to the structure, premises or yard hydrant being served on any portion of water pipe on private property by means of which potable water is furnished to the customer.

“Fire protection line” means a pipe connected to a public water main that extends from the shut-off valve at the city main to a customer’s premises for the purpose of providing water from a main to a structure(s).

“Private fire hydrant” means a fire hydrant that is: (1) not owned by a governmental entity; (2) is connected to a fire protection line or a city water main installed for the primary purpose of providing protection to property; and (3) has either two two-and-one-half-inch hose connections or one four-and-one-half-inch hose connection or both.

“Water mains” means the water pipes, including fittings and equipment, used to distribute water throughout the territory served by the potable water supply system of the city and by which water is provided to the ultimate customers. Water mains are owned by the city and are located on public property, public right-of-way or easement. (Ord. 19823 § 1, 6-11-13.)

    Cross References: Definitions generally, TMC 1.10.020.

13.10.020 Construction of facilities – Sale of water – Control by council.

Repealed by Ord. 19300. (Code 1981 § 44-18. Code 1995 § 146-27.)

13.10.030 Water superintendent.

(a) Position Created. There is hereby created the position of water superintendent in the city. The water superintendent shall have the authority to manage and control the city’s water utility subject to the supervision of the director of public works.

(b) Specific Duties, Responsibilities and Authority.

(1) The water superintendent is responsible for directing the total operation of the water utility; oversees the inspection and maintenance of facilities; hiring, firing and training of employees (union/nonunion); is involved in negotiating the union contract; and personally directs staff.

(2) The water superintendent initiates and supervises the development of plans for new facilities at the treatment plant; authorizes installation of water mains; oversees preparation of plans and specifications and compilation of cost estimates; negotiates contract terms; conducts the backflow prevention and cross connection control program, and oversees plans for infrastructure reconstruction, repair or replacement.

(3) In order to protect the safety of the city’s water supply, including maintaining the integrity of any water intake located on the Kansas River, the water superintendent may take appropriate measures to prohibit individuals from entering or remaining within 150 feet of such intake. Such measures may include, but are not limited to, cordoning off the area and posting signs warning of criminal penalties for trespass.

(4) The water superintendent prepares the water division budget and administers the funds; is responsible for the internal accounting systems, combined utility billing and collection systems; and oversees all purchases.

(5) The water superintendent coordinates the water utility operation with federal, state and other regulatory agencies and is responsible for distribution of water to all qualified customers.

(6) The water superintendent prepares/reviews all water division ordinances and/or resolutions prior to presentation to the director of public works, screens state legislative material which might affect a water utility, serves on committees and is active in various associations within the water utility field.

(7) The water superintendent shall have the authority to make account adjustments, settle contract disputes, and write off accounts related to the utility billing system and accounts receivable for the purpose of correcting errors, settling disputed accounts, and inducing prompt payment for any amount up to $10,000. Any account adjustments, write-offs, contract disputes or settlements of disputed accounts exceeding $10,000 shall be approved by the city council. (Ord. 19607 § 2, 7-19-11.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170.

    The following sections refer to water superintendent responsibilities: Construction and building licenses, TMC 5.63.080; water system, TMC 13.05.065, 13.10.070, 13.10.100, 13.10.120, 13.10.140, 13.10.150, 13.10.240, 13.10.270, 13.10.290, 13.10.390, 13.10.400, 13.10.415, 13.10.430, 13.10.440, 13.10.450, 13.10.460, 13.10.480, 13.10.495, 13.10.497, 13.10.560, 13.10.580; plumbing code, TMC 14.35.510, 14.35.520, 14.35.530, 14.35.540, 14.35.550, 14.35.570, 14.35.580; fire code, TMC 14.40.130.

13.10.040 Extension of mains – Surcharges.

Repealed by Ord. 19300. (Code 1981 § 44-19. Code 1995 § 146-29.)

13.10.050 Service outside city.

(a) Services to property outside of the city may be connected to mains belonging to the city in accordance with the provisions of TMC 13.10.120.

(b) The city may contract to furnish water to any distribution system outside the city limits and to operate and maintain such system. The negotiation of new water supply contracts or amendments to existing contracts shall be subject to the city’s policy for the sale of water to rural water districts set forth in city of Topeka Resolution No. 8179, unless an exception thereto is specifically granted by the city council. (Ord. 19370 § 98, 3-23-10. Code 1995 § 146-30.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

13.10.060 Depth of water pipes – Placement near other pipes.

(a) All water pipes laid in public or private property shall be placed with the upper side of the pipe not less than 42 inches from the surface of the ground, not considering the thickness of a pavement.

(b) No underground water pipe shall parallel any other pipe or conduit closer than 18 inches. (Code 1981 § 44-21. Code 1995 § 146-31.)

13.10.070 Application for city water service line connection.

Any person requesting a new city water service line connection must first make application with the water division.

An application will not be processed unless and until all outstanding debts, if any, due to the city of Topeka, including the combined water, wastewater and stormwater utility, are paid in full, whether such obligation is for unpaid accounts, charges, services, equipment or materials.

Each person requesting a new city water service line connection to the water distribution system shall pay all connection costs, which include water system fees, water service installation fees, tap fees, and other charges, as applicable.

A new city water service line connection shall require the installation of a water meter meeting specifications determined by the water superintendent. Such meters shall be installed at the expense of the property owner and thereafter owned and maintained by the city. All city water service line installations shall be in accordance with the provisions of TMC 13.10.250. (Ord. 19300 § 9, 8-25-09. Code 1995 § 146-32.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.080 Unlawful acts.

The following acts shall be unlawful and subject to criminal penalty in accordance with TMC 1.10.070:

(a) Reservoir. Bathing, placing a boat on, or throwing any substance into any reservoir, or placing any foreign substance upon the grounds belonging to, connected with or under the control of the water system of the city.

(b) Covering Valve Control Box or Manhole Covers. Covering up or burying any existing valve control box or manhole cover with dirt, rock surfacing, bituminous surfacing, concrete or other material, or obscuring their location so that they cannot be found or are not accessible for water maintenance. The cost of regrading or rebuilding valve control boxes or manhole covers, including resurfacing of adjacent streets or alleys, shall be charged to the person responsible for the above acts.

(c) Trespass. Entering or remaining within 150 feet of any city water intake located on the Kansas River by a person with knowledge that such person is not authorized to do so, and:

(1) Such person enters or remains in defiance of an order not to enter or to leave the area personally communicated to such person by the director of utilities and transportation or designee; or

(2) The area is cordoned off against entry or posted in a manner reasonably likely to come to the attention of such person. (Ord. 19607 § 3, 7-19-11.)

13.10.090 Turning off of water.

The city reserves the right at any time to shut off the water supply for repairs, extensions, nonpayment of charges, to prevent waste of water or for any other reason, and shall not be liable for any damage resulting from shutting off the water. When water service has been turned off by the water division, it shall be unlawful for any person to turn the water on or to connect the premises with water except when authorized in writing by the water division to do so. When water has been so turned on without authority, the water division shall turn off the water at the main, and service will not be restored until the cost of turning such water off and on has been paid by the consumer or the property owner. (Code 1981 § 44-24. Code 1995 § 146-34.)

13.10.100 Persons or companies who can install city water service lines or water meter service.

(a) City Water Service Line. No person shall install any city water service line unless the person shall be a duly licensed contractor to perform work in the city’s right-of-way or city employees under the direction of the water superintendent. Service taps to water mains shall only be performed by city employees under the direction of the water superintendent or duly licensed plumbing contractors under the direction of the water superintendent.

(b) Water Meter Service. No person shall install any water meter service or perform any work permitted by the terms of this chapter in the city unless the person shall be a duly licensed plumbing contractor, a licensed utility contractor engaged by the city to perform work on its behalf, or a city employee under the direction of the water superintendent. Any such person shall faithfully comply with all city ordinances and water division policies in reference to excavation and plumbing and all rules and regulations made in pursuance thereof. (Ord. 19300 § 10, 8-25-09. Code 1995 § 146-35.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.110 Covering valve control box or manhole covers prohibited – Cost of regrading or rebuilding.

Repealed by Ord. 19607. (Code 1981 § 44-26. Code 1995 § 146-36.)

13.10.120 Water service to owner of real property outside city limits – Requirements.

(a) Annexation.

(1) New or redeveloped parcels established by preliminary or final plat, lot, split or otherwise, after February 15, 2007, and for which the structure has not been connected to the city’s water system that are contained within the current municipal services area established by the city council under TMC 18.30.010 (“MSA”) shall require annexation prior to water service being provided. Extension of water transmission mains shall conform to sizing, routing and other specifications as determined by the city engineer and water superintendent. The cost to design and construct the extension of water mains necessary to serve these areas may be paid through the city of Topeka water fund depending on priority and if sufficient capital improvement funding is available. The developer may, depending on the proximity to existing water transmission mains, bear part, or all, of the cost of extending city water service to the development. Such extension costs would be in addition to the payment of connection fees and the cost of the construction of the water infrastructure within the development.

(2) New or redeveloped parcels established by preliminary or final plat, lot, split or otherwise, after February 15, 2007, and for which the structure has not been connected to the city’s water system outside of the city’s corporate boundaries that are not contained within the MSA shall require annexation prior to service being provided. Extension of water transmission mains shall conform to sizing, routing and other specifications as determined by the city engineer and water superintendent. The total cost of extending the city’s water service shall be borne by the developer without any participation by the city. Such extension costs would be in addition to the payment of connection fees and the cost of the construction of the water infrastructure within the development.

(b) Platting. Further, before city water service is provided to an owner of real property outside city limits, the owner shall plat or cause to be platted the property to be served.

Exception: An owner of real property outside the city limits may be exempt from the platting requirement set forth above, provided the planning director and public works director jointly find that all of the following conditions exist:

(1) Land on which the principal structure is that of an existing detached single-family dwelling. That there are no other structures except permitted accessory structures, or uses for which water service is to be provided.

(2) As determined by the city of Topeka public works department, adequate utility and drainage easements and/or street rights-of-way presently exist or can be secured by separate written instrument and recorded with the Shawnee County register of deeds for which the property owner consents.

(3) There are no existing or anticipated drainage problems related to the site or the development.

(4) Adequate public utilities and services otherwise service the site and the proposed development conforms to the dimensional requirements of the zoning district.

(5) The existing or proposed improvement is compliant with the current adopted Shawnee County wastewater management plan, or variances as may be granted by the applicable governing body as provided by said plan.

(c) An owner of real property outside the city limits may be exempt from the annexation requirement set forth in subsection (a)(1) or (a)(2) of this section if the property owner consents to annexation of the real property to be served and at least one of the following conditions is satisfied:

(1) To eliminate an imminent threat to public health and safety as determined and/or ordered by the Kansas Department of Health and Environment or a similar regulatory agency, or a court of law.

(2) To promote an economic development project as determined by the city council.

(3) To avoid unnecessary hardship in situations not created by the actions of the applicant as determined by the city council.

(4) The city is obligated to provide water service to the property owner by contract or other legally enforceable document.

(5) The planning commission has, prior to February 15, 2007, approved a preliminary or final plat which includes city water service.

(6) The city has previously provided water service to the same parcel of real estate for which service has been requested. The reconnection of service shall be limited to the same size of service line as the previous service. Further, the reconnection shall be limited to the same number of lines or connections which previously existed.

(7) To allow the city to provide water service to a facility owned and operated by a political and taxing subdivision with approval of the city council. (Ord. 18820 § 2, 2-20-07; Ord. 18448 § 1, 6-7-05; Ord. 18399 § 1, 3-15-05; Ord. 18148 § 1, 12-16-03; Ord. 17995 § 1, 4-22-03; Ord. 17909 § 1, 11-5-02; Ord. 16804 § 1, 2-28-95. Code 1995 § 146-37.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170; city engineer, TMC 2.25.180; planning department, TMC 2.25.210; planning commission, Chapter 2.65 TMC; water superintendent, TMC 13.10.030.

13.10.130 Water, water pollution control, and stormwater utility.

Repealed by Ord. 19300. (Ord. 18477 § 24, 7-12-05; Ord. 17985 §§ 1, 2, 3-25-03; Ord. 17272 §§ 1 – 4, 6-9-98. Code 1995 § 146-38.)

Article II. Utility Account

13.10.140 Application.

Any person requesting a utility account shall make application with the water division and pay a security deposit when required. Security deposit amounts shall be established by the water superintendent and set forth on a schedule maintained by the water superintendent. Such security deposit amounts shall be sufficient to secure the city from financial loss and based on customer credit history, when applicable. The water division shall return deposit amounts if service is discontinued or if customer credit history justifies return of deposit. The water superintendent shall have the authority to apply deposits, with any accrued interest, towards unpaid utility accounts. (Ord. 19300 § 13, 8-25-09. Code 1995 § 146-46.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.150 Deposits fund.

The water superintendent shall keep a record of all deposits made with the water division, together with the name of the depositor and the amount deposited, and such deposit shall be deposited by the superintendent with the city treasurer in a separate account within the water utility fund to be known as customers’ deposits; and shall pay to the depositor interest at the rate determined by the state corporation commission, such interest to be credited on January 1st succeeding such deposit and on January 1st thereafter and shall be payable at the water division in cash credited on the utility bill. Interest credited to the customers’ deposits shall be charged to the water utility fund. Any interest credited shall not draw interest. Interest earned and received by the city on invested customers’ deposits shall be credited to the water utility fund. The fund shall be maintained separately by the city treasurer and upon discontinuance of service the deposit shall be returned to the customer together with unpaid interest on the deposit at the current rate established for each calendar year as prescribed by K.S.A. 12-822, as may be amended, provided all bills for all city utility services including water repairs or other service rendered shall have been paid by the customer. Should the fund accumulate in a sufficient amount for investment, it shall be invested by the city treasurer in bonds of the city or in such other securities as prescribed by K.S.A. 12-822 and 12-1675, as may be amended. (Ord. 19300 § 14, 8-25-09. Code 1995 § 146-47.)

    Cross References: City treasurer, TMC 2.25.140; water superintendent, TMC 13.10.030.

    State Law References: Mandate for this section, K.S.A. 12-822.

13.10.160 Default.

Repealed by Ord. 19300. (Code 1981 § 44-54. Code 1995 § 146-48.)

13.10.170 Transfer to water utility fund.

(a) Water consumer deposits received from consumers as security for the payment of water services which remain uncollected for a period of three years or more after the discontinuance of service to the consumer may be transferred to the water utility fund of the water division in the following manner:

(1) Notice shall be published once each week for two consecutive weeks in the official city newspaper, which notice shall state the name in which the deposit was made, the last address at which service was rendered to such person, and the amount of the deposit remaining after the payment of all bills or charges for service rendered.

(2) The notice shall further state that unless a person claiming an interest in such deposit shall appear and file claim therefor within 60 days after the last publication, the deposit will be transferred to the water utility fund.

(b) Unless the person entitled thereto shall, within the time stated in the notice, make claim therefor, the deposit shall be transferred to the water utility fund and no action for the recovery of any such deposit may be brought unless commenced within five years after the deposit has been transferred.

(c) If there shall be an overpayment of an account and the service has been discontinued and the consumer cannot be located, and no claim is made for refund of overpayment within three years or more after the discontinuance of service to the consumer, such overpayments shall be treated in the same manner as unclaimed water consumer deposits as set forth in subsection (a) of this section. (Code 1981 § 44-55. Code 1995 § 146-49.)

13.10.180 Refund upon discontinuation of service.

Repealed by Ord. 19300. (Code 1981 § 44-56. Code 1995 § 146-50.)

Article III. Fluoridation

13.10.190 Operations, maintenance and funding.

The water utility shall include fluoridation in the drinking water treatment operations, as determined by the public works director, or his or her designee, and as recommended by the Kansas Department of Health and Environment.

Funds for equipment, operations and maintenance expenses to fluoridate the city’s water supply system shall be provided from the water, water pollution control, and stormwater utility fund. (Ord. 19533 § 1, 3-22-11.)

13.10.200 Operation under supervision of water division.

Repealed by Ord. 19533. (Ord. 17041 § 1, 12-10-96; Code 1981 § 44-39. Code 1995 § 146-62.)

13.10.210 Operation expense from water utility fund.

Repealed by Ord. 19533. (Code 1981 § 44-40. Code 1995 § 146-63.)

Article IV. Water Service Lines

13.10.220 Definitions.

Repealed by Ord. 19300. (Ord. 18334 § 2, 11-9-04; Code 1981 § 44-83. Code 1995 § 146-76.)

13.10.230 Applications and standards.

Repealed by Ord. 19300. (Ord. 18334 § 3, 11-9-04; Code 1981 § 44-84. Code 1995 § 146-77.)

13.10.240 Size.

The size of each city water service line and customer water service line shall be determined by the water superintendent. Any change in the size of the existing city water service line or customer water service line shall be at the expense of the property owner unless the change in size is in the benefit of the water division as determined by the water superintendent. (Ord. 19300 § 20, 8-25-09. Code 1995 § 146-78.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.250 Specifications for installation, materials and inspection.

All installations of and materials used for city water service lines, customer water service lines, and connections to the water meters or the city’s water mains shall be in accordance with the city of Topeka and Shawnee County standard technical specifications maintained by the engineering division and the city of Topeka utility services installation standards maintained by the water division.

The person requesting a new city water service line or customer water service line connection will be required to schedule a final inspection and water activation with the water division. (Ord. 19300 § 21, 8-25-09. Code 1995 § 146-79.)

13.10.260 Installation, alignment, location and inspection.

Repealed by Ord. 19300. (Ord. 18334 § 6, 11-9-04; Code 1981 § 44-87. Code 1995 § 146-80.)

13.10.270 City water service line termination/abandonment/replacement.

City water service line termination, abandonment and/or replacement shall be in accordance with water division policies established and maintained by the water superintendent. (Ord. 19300 § 23, 8-25-09. Code 1995 § 146-81.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.280 Repair and responsibilities of property owner and city.

(a) The customer water service line shall be the responsibility of the property owner and shall be constructed, maintained, repaired or replaced at the sole cost of the property owner. All installation or repair work shall be done as required by the currently adopted plumbing code and other appropriate ordinances.

(b) All customer water service lines which are not located on public property, public right-of-way or easement shall be the responsibility of the property owner and shall be repaired or replaced at the sole cost of the property owner. All installation or repair work shall be done as required by the currently adopted plumbing code and other appropriate ordinances.

(c) Property owner shall be responsible for any expenses incurred by the water division for the repair to the customer water service line, including, but not limited to, any materials, equipment, service, or labor, including the repair to public property, streets, alleys or other public utilities caused by the property owner’s negligent or intentional actions.

(d) All city water service lines shall be the responsibility of the water division and shall be repaired only by the water division. (Ord. 19300 § 24, 8-25-09. Code 1995 § 146-82.)

13.10.290 Fire protection lines.

Services for fire protection shall be fitted with such fixtures only as are needed for fire protection, and shall be installed entirely separate from all city water service lines and customer water service lines used for other purposes, and be kept entirely separate from all other such lines, except as provided in the building conservation code currently adopted by the city or authorized by the water superintendent. Any water pipe which shall be installed as a fire protection line, either sprinkler systems or otherwise, and all valves or openings must be sealed by the water division and the seals shall not be broken, except in case of fire. Immediate notice of breaking of any seal must be given to the water division. All services for fire protection located after the valve isolating the fire protection line from the water main shall be considered to be private fire service lines and shall be the responsibility of the property owner. It shall be the duty and responsibility of the property owner to keep the private fire service line in good repair. In the event the property owner fails to maintain the private fire service line, then the city may undertake the needed repair and assess the cost of repair to the real property serviced by the private fire service line. (Ord. 19300 § 25, 8-25-09. Code 1995 § 146-83.)

    Cross References: Water superintendent, TMC 13.10.030.

Article V. Meters

13.10.300 Definitions.

The following words and phrases, when used herein, shall have the meanings respectively ascribed to them:

“Hydrant meter” shall mean the meter and appurtenances connected to a fire hydrant for the temporary use of water.

“Meter” shall mean a device, connected to a water main, used to measure and record the rate of water flow. (Ord. 18650 § 1, 6-6-06. Code 1995 § 146-95.)

13.10.310 Installation.

The council is hereby authorized to measure all water furnished by meters and meters shall be installed at the expense of the property owner. (Code 1981 § 44-102. Code 1995 § 146-96.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

13.10.320 Designation of size.

Before any developer or owner may install a disc meter one and one-half inches through two inches in size, or a compound or current type meter three inches or larger, he shall be required to supply the water division with the anticipated maximum hour use and average consumption of the meter, so that the appropriate size of meter can be designated to operate at 20 percent of safe maximum operating capacity for disc type meter and 33 and one-third percent of safe maximum operating capacity for a compound or current type meter. (Code 1981 § 44-103. Code 1995 § 146-97.)

13.10.330 Purchase.

Repealed by Ord. 19300. (Code 1981 § 44-105. Code 1995 § 146-99.)

13.10.340 Testing, approval.

No meter shall be installed without first being tested and approved by the water division. All meters on service pipes larger than one inch in diameter shall be approved as to size and type of setting by the water division. (Code 1981 § 44-106. Code 1995 § 146-100.)

13.10.350 Repair.

All meters measuring water furnished to consumers shall be repaired by the water division, provided the meter is installed in an approved meter box or application for installation of the meter box is signed by the property owner or otherwise, and the cost of repairing shall be charged against the owner. All meters damaged by hot water or freezing through negligence shall be charged to the property owner. (Code 1981 § 44-107. Code 1995 § 146-101.)

13.10.360 Tampering.

It shall be unlawful for any individual to intentionally rearrange, injure, alter, interfere with or otherwise tamper with the city’s public water supply system. (Ord. 19300 § 27, 8-25-09. Code 1995 § 146-102.)

13.10.370 Replacement.

System-wide replacement of water meters to incorporate new technology and improve the accuracy of meter readings shall be done at the expense of the water division. The new meters shall be considered property of the water division. The cost of replacing water meters which become unrepairable due to discontinuance of repair parts or which are worn beyond repair by usage shall be replaced at the water division’s expense. (Code 1981 § 44-109. Code 1995 § 146-103.)

13.10.380 Hydrant meter – Permit required.

A hydrant meter permit is hereby required before installation of a hydrant meter. The permit shall be issued by the water division after the following conditions are met by the permit applicant:

(a) Submit completed hydrant meter permit application;

(b) Provide payment in full of the applicable deposits and fees; and

(c) Provide payment in full of any delinquent amounts due to water division for customer’s account. (Ord. 18650 § 4, 6-6-06; Ord. 17155 § 2, 8-12-97. Code 1995 § 146-105.)

13.10.390 Hydrant meter – Deposit required.

Hydrant meter deposit amounts shall be established by the water superintendent, as approved by the public works director, and set forth on a schedule maintained by the water superintendent. Such fees shall be based upon the size of the hydrant meter, and cost for the water division to replace the hydrant meter and hydrant wrench.

A refundable deposit shall be required and held without interest. Upon request from customer, deposit shall be refunded after hydrant meter is returned to water division and any cost of damage to meter, meter appurtenances and delinquent amounts due to water division for customer’s account have been paid in full. (Ord. 18650 § 5, 6-6-06; Ord. 17155 § 3, 8-12-97. Code 1995 § 146-106.)

    Cross References: Department of public works, TMC 2.25.170; water superintendent, TMC 13.10.030.

13.10.400 Hydrant meter – Fees.

Hydrant meter rental fee amounts shall be established by the water superintendent, as approved by the public works director, and set forth on a schedule maintained by the water superintendent. Such fees shall be based on operating costs for issuing and maintaining hydrant meters.

Customers shall be charged rental fees on a monthly basis, with a minimum charge of one month’s rental. Under no circumstances shall fees be prorated.

Customers shall be assessed, when applicable, administrative fees such as: Annual testing fee, manual meter reading and consumption estimation fee, and delinquent account fee.

Administrative fee amounts shall be established by the water superintendent, as approved by the public works director, and set forth on a schedule maintained by the water superintendent. Such fees shall be based on operating costs for testing and billing for hydrant meters and may be waived when customers comply with testing and billing requirements. (Ord. 18650 § 6, 6-6-06; Ord. 17155 § 4, 8-12-97. Code 1995 § 146-107.)

    Cross References: Department of public works, TMC 2.25.170; water superintendent, TMC 13.10.030.

Article VI. Fire Hydrants

13.10.410 Installation.

It shall be unlawful for any person to install or operate any private fire hydrant unless in accordance with this article. (Ord. 19823 § 2, 6-11-13.)

13.10.415 Requirements.

(a) Each owner of a private fire hydrant shall comply with all of the following requirements:

(1) The hydrant shall be used only for fire protection;

(2) The hydrant shall be approved by the fire chief and the water superintendent or their designees prior to installation.

(3) The hydrant shall be installed in accordance with the city of Topeka and Shawnee County standard technical specifications in such a manner and location so that the hydrant is accessible at all times to the fire department for the purpose of fire protection.

(4) The connecting water line between the city water main shall not be less than six inches in diameter. When connected to a fire protection line, the owner shall ensure that there is backflow protection in accordance with TMC 14.35.560.

(5) The hydrant shall be painted a bright red color and the pumper nozzle cap (or hose nozzle caps in absence of pumper nozzle) is painted industrial yellow in accordance with the standards of the water division.

(b) Inspection, Testing, Maintenance, Repair. Each owner of a private fire hydrant shall be responsible for the repair and maintenance of each hydrant. This responsibility includes, but is not limited to, the following:

(1) The owner shall perform testing, at the request of the fire department or water division, which demonstrates that the hydrant is in proper operating condition; and

(2) The owner shall perform a flow test on a schedule established by the water superintendent and submit the results, on a form provided by the water division, to the water superintendent within 10 days of the test. (Ord. 19823 § 3, 6-11-13.)

    Cross References: Fire department, TMC 2.25.240; water superintendent, TMC 13.10.030.

13.10.420 Obstruction.

No person shall obstruct accessibility of a public or private fire hydrant by placing material of any kind, including but not limited to snow accumulation, parked vehicles, refuse, equipment or any obstruction that would impair accessibility to any firefighter. (Ord. 19823 § 4, 6-11-13.)

13.10.430 Use by city departments and divisions.

Water used by all city departments and divisions from a fire hydrant shall be measured by a method acceptable to the water superintendent. The fire department shall submit a report monthly to the water superintendent stating estimated water usage for firefighting. All other city divisions or departments shall report monthly to the water superintendent the amount of water used by their department or division. (Ord. 19823 § 5, 6-11-13.)

    Cross References: Fire department, TMC 2.25.240; water superintendent, TMC 13.10.030.

13.10.440 Changing location.

Any change in the location of a private fire hydrant shall be approved by the fire chief, the city engineer and the water superintendent or designee. The cost of moving a hydrant shall be paid by the party desiring the change. (Ord. 19823 § 6, 6-11-13.)

    Cross References: City engineer, TMC 2.25.180; fire department, TMC 2.25.240; water superintendent, TMC 13.10.030.

13.10.450 Altering color.

It shall be unlawful for any person to alter the color of any fire hydrant in the city absent permission of the water superintendent or designee. (Ord. 19823 § 7, 6-11-13.)

    Cross References: water superintendent, TMC 13.10.030.

13.10.460 Damage to fire hydrant.

(a) Any person who damages or impairs the operation of a fire hydrant shall immediately notify the water division.

(b) Each owner of a private fire hydrant shall notify both the fire chief and the water superintendent if the owner has knowledge that a private water hydrant has been damaged or is inoperable. (Ord. 19823 § 8, 6-11-13.)

    Cross References: Fire department, TMC 2.25.240; water superintendent, TMC 13.10.030.

13.10.470 Illegal use of a fire hydrant.

(a) It shall be unlawful for any person to use a fire hydrant without a city-approved hydrant meter; provided, however, this subsection shall not apply to authorized city employees’ use of a fire hydrant.

(b) It shall be unlawful for any person, other than authorized city fire department employees, to use any fire hydrant identified as a “firefighting use only” hydrant.

(c) Penalty. Any person violating this section may be punished by:

(1) Fine of not more than $499.00; and/or

(2) Imprisonment in jail for not more than 179 days. (Ord. 18650 § 9, 6-6-06; Ord. 17246 § 4, 3-17-98. Code 1995 § 146-123.)

    Cross References: Fire department, TMC 2.25.240.

Article VII. Fees and Charges

13.10.480 Water protection fees and clean drinking water fees.

Water protection fees and clean drinking water fees shall be imposed, collected, and remitted by the water superintendent in accordance with K.S.A. 82a-954 and 82a-2101, as may be amended. (Ord. 19300 § 29, 8-25-09. Code 1995 § 146-136.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.490 Rendering of bills.

The water division shall render bills based on a monthly or bimonthly reading and a monthly rate, either monthly or bimonthly, to all water consumers of the city for the water consumed, such bill to be mailed or delivered by the water division not later than 10 days following the date of the reading. All meters shall be read monthly or bimonthly, or as near monthly or bimonthly as practicable. Meter readings are not required to be taken unless the water has been turned on at least 15 days, but after 15 days the monthly rates will apply. On any service for which, for any reason, a monthly reading was not taken, a period of 45 days to 74 days may be considered two months, a period of 75 days to 104 days may be considered three months, etc. Final bills are computed on a monthly basis, regardless of the number of days since the previous reading. Where it is impossible to read a meter, where a meter has ceased to register, or where a meter is out of order and is, without doubt, registering much less than actual consumption, based on consumption of the previous month or the same month of the previous year, the quantity may be estimated. The water division does not assume the responsibility for speedy and safe delivery of, or failure to receive, the bill; a duplicate may be obtained by calling in person at the office, or by telephone. (Code 1981 § 44-140. Code 1995 § 146-137.)

13.10.495 Fees and charges.

Fees and charges for materials, equipment or services provided by the water division or for loss prevention shall be established by the public works director or his or her designee, and approved by the city manager, and set forth on a schedule of fees and charges maintained by the water superintendent. Such fees and charges shall be based on the following factors, including, but not limited to, reimbursing the city for all costs associated with providing the materials, equipment or service and to protect the city from financial loss. The water superintendent shall have the authority to waive service fees and charges to correct errors and settle disputed accounts in accordance with TMC 13.10.030. (Ord. 19300 § 30, 8-25-09. Code 1995 § 146-138.)

    Cross References: Department of public works, TMC 2.25.170; water superintendent, TMC 13.10.030.

13.10.497 Water system fees.

Water system fees shall be determined by the public works director or his or her designee, and approved by the city manager, and reviewed and adjusted if necessary at least every five years. Such water system fees shall be set forth on a schedule maintained by the water superintendent. Such fees shall be based on the system’s value, capacity and demand factors.

At the discretion of the city manager or city council, as applicable, the water system fees authorized in this section may be waived or modified for economic development projects which offer extraordinary benefits to the city. The city manager shall be authorized to grant a waiver of up to 25 percent of the fees. City council approval shall be required for any waiver in excess of 25 percent. (Ord. 19300 § 31, 8-25-09. Code 1995 § 146-139.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170; water superintendent, TMC 13.10.030.

13.10.500 Water protection fee.

Repealed by Ord. 19300. (Ord. 16567 § 1(44-154), 3-23-93. Code 1995 § 146-141.)

13.10.510 Computation of combined utility bill.

Computation of water and sewer bills shall be based on volume expressed as units of 1,000 U.S. gallons. (Ord. 19074 § 7, 4-15-08; Ord. 18124 § 13, 11-18-03; Code 1981 § 44-145. Code 1995 § 146-142.)

13.10.520 Application to contracts.

The conditions and rates set out in this article shall apply to all persons presently receiving water or services under valid and existing contracts or ordinances unless the contract or ordinance prohibits, by its terms, the adjustment of rates as provided in this article. (Code 1981 § 44-146. Code 1995 § 146-143.)

13.10.530 Adjustment of rates.

Repealed by Ord. 19300. (Code 1981 § 44-147. Code 1995 § 146-144.)

13.10.540 Rates for water only.

Repealed by Ord. 19300. (Ord. 18650 § 10, 6-6-06; Code 1981 § 44-148. Code 1995 § 146-145.)

13.10.550 Rates for water consumed from fire hydrants.

Repealed by Ord. 19300. (Ord. 18650 § 11, 6-6-06; Code 1981 § 44-149. Code 1995 § 146-146.)

13.10.560 Delinquent utility account – Restoration of water service.

(a) If a utility account becomes delinquent, water service may be discontinued and shut off pursuant to K.S.A. 12-808c and 12-860, as may be amended, and as defined in water division policies established and maintained by the water superintendent.

(b) Restoration of water service for delinquent utility accounts shall be in accordance with water division policies established and maintained by the water superintendent. (Ord. 19300 § 36, 8-25-09. Code 1995 § 146-148.)

    Cross References: Water superintendent, TMC 13.10.030.

13.10.570 Restoration of water service after payment of delinquency.

Repealed by Ord. 19300. (Ord. 17246 § 8, 3-17-98; Code 1981 § 44-153. Code 1995 § 146-150.)

13.10.580 Unauthorized water service.

Water service shall only be provided by authorized water division personnel or an authorized agent acting on behalf of the city. If a residence, business or other structure is determined to be connected to the city’s water distribution system without authorization by the water division, an unauthorized water service fee may be assessed by the water superintendent plus any additional costs incurred by the division for the parts and labor to restore service. Water service shall only be restored upon payment in full of the unauthorized water service fee, costs for parts and labor, and any other applicable charges. The amount of the unauthorized water service fee shall be established by the public works director or his or her designee, and approved by the city manager, based upon costs to secure the city from financial loss as determined and set forth on a schedule maintained by the water superintendent. (Ord. 19300 § 38, 8-25-09. Code 1995 § 146-151.)

    Cross References: Department of public works, TMC 2.25.170; water superintendent, TMC 13.10.030.

13.10.585 Appeals.

Any appeal to the imposition of a fee or charge as provided for in this article shall be governed by the administrative appeal provisions contained in TMC 2.145.010 et seq., as may be amended. (Ord. 19300 § 39, 8-25-09. Code 1995 § 146-152.)

Article VIII. Water Conservation

13.10.590 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Baseline consumption” means an amount that is 1.25 times the average of the consumer’s monthly water bills for the months of the previous November, December, January and February.

“Consumer” means any person using water for any purpose from the city’s water distribution system and for which either a regular charge is made or a cash charge is made at the site of delivery.

“Waste of water” means and includes, but is not limited to:

(1) Permitting water to escape down a gutter, ditch, or other surface drain.

(2) The use of water for any purpose, including landscape irrigation, which consumes or for which is applied substantial amounts of excess water beyond the reasonable amount required by the use, whether such excess water remains on the site, evaporates, percolates underground, goes into the sewer system, or is allowed to run into the gutter or street. Every water consumer is deemed to have under his control at all times the water lines and facilities, other than water utility facilities, through which water is being supplied and used to his premises, and to know the manner and extent of his water use and excess runoff.

(3) The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water consumer’s plumbing for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of 48 hours after the water user discovers such break, leak or malfunction or receives notice from the city of such condition, whichever occurs first, is a reasonable time within which to correct such condition.

(4) Washing sidewalks, driveways, parking areas, tennis courts, patios or other paved areas except to alleviate immediate fire hazards.

“Water” means water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system. (Code 1981 § 44-158. Code 1995 § 146-161.)

    Cross References: Definitions generally, TMC 1.10.020.

13.10.600 Plan established.

There is hereby established a city water conservation plan. (Code 1981 § 44-157. Code 1995 § 146-162.)

13.10.610 Declaration of policy.

It is hereby declared that it is in the best interest and general welfare of the city that the water resources available to the city are utilized to the maximum extent possible and that the waste, unnecessary or unreasonable use, or unreasonable methods of use of water be prevented. Conservation of such water resources is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public welfare. (Code 1981 § 44-159. Code 1995 § 146-163.)

13.10.620 Authorization.

The director of the public works department (referred to in this article as the “director”), or the assistant public works director (referred to in this article as the “assistant director”) in the absence of the director, upon the recommendation of the superintendent of the water division, is hereby authorized and directed to implement the applicable provisions of this article upon the determination that such implementation is necessary to protect the public welfare and safety. (Code 1981 § 44-160. Code 1995 § 146-164.)

    Cross References: Department of public works, TMC 2.25.170.

13.10.630 Application.

The provisions of this article shall apply to all persons, customers and property served by the city water division. (Code 1981 § 44-161. Code 1995 § 146-165.)

13.10.640 Wholesale water districts.

Wholesale water districts with contracts to purchase water from the city shall be subject to the terms and conditions of this article. Each wholesale water district shall be required to adopt its own water conservation plan which must provide for the same reductions in water usage as the water conservation plan set out in this article. Should a wholesale water district neglect to adopt its own water conservation plan, the terms and conditions of the city water conservation plan shall apply to the consumers of that wholesale water district. (Code 1981 § 44-162. Code 1995 § 146-166.)

13.10.650 Enforcement – Penalty for violations.

(a) Authority. The superintendent of the water division and other employees of the water division are authorized to enforce all provisions of this article.

(b) First Violation. Any consumer who violates any provisions of this article shall be issued a written notice of the violation. The written notice shall be affixed to the property where the violation occurred and mailed to the consumer of record and to any other person known to the city who is responsible for the violation and its corrections. Such notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. Failure to receive such notice shall not invalidate further actions by the city. If the order is not complied with, the city may terminate water service to the customer. If water service is terminated, a charge for disconnection, reconnection and restoration of service shall be made. The charge will be for the actual costs of terminating and restoring service plus the appropriate amount listed below:

(1) Residential: $50.00.

(2) Commercial/industrial: An amount equal to 100 percent of the average monthly water bills for the previous 12 months.

(c) Second and Subsequent Violations. In the event of additional violations of this article, the city will terminate water service to the consumer and a charge for terminating and restoring service will be made. The charge will be for the actual costs of terminating and restoring the service, plus:

(1) For second violations, the highest of $200.00 or an amount equal to 200 percent of the average monthly water bills for the previous 12 months.

(2) For any additional violations after the second violation, the highest of $300.00 or an amount equal to 300 percent of the average monthly water bills for the previous 12 months.

Any customer who has service disconnected pursuant to this section may appeal the cost of terminating and restoring service to the council of the city.

(d) Code Violation. Any violation of the water conservation plan shall also be considered a violation of this code and may be punishable by proceedings in municipal court. Each day’s violation shall constitute a separate offense and shall be punished accordingly. (Code 1981 § 44-166. Code 1995 § 146-167.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

13.10.660 Declaration of water emergency.

(a) Whenever a shortage of water needed for essential uses exists because of climatic conditions or because of other emergencies which threaten the order, health, safety and general welfare of the public, the director may declare and proclaim a water emergency. Such an emergency shall be deemed to continue until it is declared by the director to have ended.

(b) In the event of a proclamation of water emergency, the director shall forthwith cause appropriate notice thereof to be published in the newspaper and broadcast by all other available media. (Code 1981 § 44-163. Code 1995 § 146-168.)

    Cross References: Department of public works, TMC 2.25.170.

13.10.670 Prohibitions – Guidelines for implementation of stages.

No consumer shall knowingly make, cause, use or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner which is contrary to any provision of this article or in an amount in excess of that use permitted by the conservation stage in effect pursuant to the provisions of this article. The director, in conjunction with the superintendent of the water division, shall promulgate guidelines which set forth criteria for determining when a particular conservation stage is to be implemented or terminated. Such guidelines shall be updated as the conditions of the utility system change. (Code 1981 § 44-165. Code 1995 § 146-169.)

    Cross References: Department of public works, TMC 2.25.170.

13.10.680 Water conservation stages – Stage 1, voluntary conservation measures.

When climatic conditions develop that indicate a water emergency may be declared, or whenever other emergencies that threaten the order, health, safety and general welfare of the public occur, the director is authorized to request all consumers to:

(a) Voluntarily implement even/odd day watering for exterior use.

(b) Employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, the following:

(1) Sprinkling of water on lawns, shrubs or trees.

(2) Washing of automobiles, trucks and other vehicles.

(3) Use of water in swimming pools, fountains and evaporative air conditioning systems.

(4) Waste of water. (Code 1981 § 44-164(a). Code 1995 § 146-170.)

    Cross References: Department of public works, TMC 2.25.170.

13.10.690 Water conservation stages – Stage 2, mandatory conservation measures – Water alert.

(a) Generally. Upon the declaration of a water supply emergency as provided for in this article, the director is authorized to implement certain mandatory water conservation measures including, but not limited to, the following:

(1) Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or other plants is prohibited except on a designated day which shall be on alternate days. Consumers with even-numbered addresses shall irrigate on even-numbered days. Those with odd-numbered addresses shall irrigate on odd-numbered days. The indicated days for irrigation are referred to in this article as designated irrigation days. Provided, however, irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted at any time if:

(i) A handheld hose is used; or

(ii) A handheld faucet filled bucket of five gallons or less is used; and

(iii) No waste of water occurs.

Exception: Commercial nurseries, commercial sod farmers, and similarly situated commercial establishments are exempt from stage 2 irrigation restrictions; provided, however, that all such commercial establishments will be required to curtail all nonessential water use and eliminate waste of water.

(2) The use of water for irrigation of golf tee areas and golf greens is allowed only during the hours from sunset to sunrise. Syringing of golf course greens is allowed to the extent necessary to keep the greens from becoming stressed. The irrigation of golf course fairways is allowed only on alternate days during the hours from sunset to sunrise. Provided, however, that irrigation of golf courses utilizing treated wastewater, reusing water, or utilizing raw water shall not be subject to irrigation prohibitions unless the source of the raw water is within one-quarter mile of the free-flowing stream of the Kansas River.

(3) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited except on designated irrigation days between the hours of 12:00 midnight and 12:00 noon. For purposes of this section, designated irrigation days shall be those even-odd days as set forth in this section as it relates to the owner’s (of the mobile equipment) address. Such washing, when allowed, shall be done with a handheld bucket, or a handheld hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use.

Exception: Washing of mobile equipment may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles to transport food and perishables.

(4) The sprinkling of foundations is prohibited except on designated irrigation days between the hours of 12:00 midnight and 12:00 noon.

(5) The refilling or adding of water to swimming and/or wading pools is prohibited except on designated irrigation days between the hours of 12:00 midnight and 12:00 noon.

(6) The operation of any ornamental fountain or other structure making similar use of water is prohibited except for those fountains/structures with a recycling system. The use of treated water to fill, refill or maintain the level of any fountain is prohibited.

(7) Use of water from fire hydrants shall be limited to firefighting and related activities, and/or other activities necessary to maintain the health, safety and welfare of the citizens of the city. Water for street sweeping shall only be allowed to the extent necessary for maintaining the health, safety and welfare of the citizens of the city.

(8) The waste of water is absolutely prohibited.

(9) All restaurants are prohibited from serving water to their customers except when specifically requested by the customer.

(10) New connections outside the city limits to the city’s water distribution system, including any connections to rural water districts served by the city water system, will be suspended, except those agreements for individual service connections entered into by the city prior to the effective date of the declaration of the emergency.

(11) The use of water sprinklers to cool air conditioners and flat-roofed buildings shall be limited to only the amount needed to provide for the essential health needs of the citizens of the city; and provided, that no waste of water occurs.

(b) Emergency Water Rates. Upon declaration of a water supply emergency as provided for in this article, the director is authorized to impose emergency water rates that are designed to conserve water supplies. Such emergency rates may provide for, but not be limited to, extra charges in excess of a specified level of water use (excess demand surcharge). The director may impose the emergency rates if needed to enforce the provisions of stage 2 when assurance storage levels in Tuttle Creek and Milford Reservoirs fall below 75 percent capacity. The emergency rate will be a rate 50 percent above the rate in effect for all consumption higher than the consumer’s baseline consumption.

Consumers who do not exceed their baseline amount shall be billed at their regular rate. Consumers who exceed their baseline rate shall pay the regular rate for the baseline amount, and a rate 50 percent above the normal rate for all consumption higher than the baseline amount. (Code 1981 § 44-164(b). Code 1995 § 146-171.)

    Cross References: Department of public works, TMC 2.25.170.

13.10.700 Water conservation stages – Stage 3, mandatory conservation measures – Water warning.

(a) Generally. Upon the declaration of a water supply emergency as provided in this article, the director is authorized to implement the following water conservation measures. All elements of stage 2 shall remain in effect in stage 3 except that:

(1) All outdoor irrigation of vegetation shall be allowed only between the hours of 12:00 midnight and 6:00 a.m. on designated days.

(2) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and not in the immediate interest of the public health, safety and welfare shall be prohibited.

(3) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment upon the immediate premises of commercial car washes in the immediate interest of the public health, safety and welfare shall occur only between the hours of 12:00 midnight and 12:00 noon.

(4) The sprinkling of foundations is prohibited except on designated irrigation days between the hours of 12:00 midnight and 6:00 a.m.

(5) Commercial nurseries, commercial sod farmers, and similarly situated establishments shall water only between the hours of 12:00 midnight and 12:00 noon and shall use only handheld hoses, handheld buckets, or automatic sprinkler systems equipped with timers, metering devices or moisture sensors to monitor and limit the amount of water applied to that amount that is necessary to keep the plants or vegetation from becoming stressed.

(6) The filling, refilling or adding of water to swimming and/or wading pools is prohibited.

(7) The use of water for irrigation of golf tee areas is allowed only on designated irrigation days during the hours from sunset to sunrise. The use of water for irrigation of golf greens is allowed only during the hours from sunset to sunrise. Syringing of golf course greens is allowed to the extent necessary to keep the greens from becoming stressed. The irrigation of golf course fairways is prohibited unless done with treated wastewater, by reusing water, or by utilizing raw water unless the source of the raw water is within one-quarter mile of the free-flowing stream of the Kansas River.

(8) The operation of any ornamental fountain or similar structure is prohibited.

(9) The nonessential use of water is prohibited.

(b) Emergency Water Rates. Upon declaration of a water supply emergency as provided for in this article, the director is authorized to impose emergency water rates that are designed to conserve water supplies. Such emergency rates may provide for, but not be limited to, extra charges in excess of a specified level of water use (excess demand surcharge). The director may impose the emergency rates if needed to enforce the provisions of this stage when assurance levels in Tuttle Creek and Milford Reservoirs fall below 50 percent capacity or when treatment plant pumpage is in excess of 90 percent of treatment plant capacity for more than three consecutive days. The emergency rate will be a rate 100 percent above the rate in effect for all consumption higher than the consumer’s baseline consumption.

Consumers who do not exceed their baseline amount would be billed at the regular rate. Consumers who exceed their baseline rate would pay the regular rate for the baseline amount, and a rate 100 percent above the normal rate for all consumption higher than the baseline amount. (Code 1981 § 44-164(c). Code 1995 § 146-172.)

    Cross References: Department of public works, TMC 2.25.170.