CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 2. WATER

The City of Marion may extend water distribution lines to residential, commercial and industrial customers subject to the conditions contained in the following sections. It is the policy of the Governing Body to limit water service extension to only those tracts of land lying within the corporate boundaries of the City of Marion. Service outside city limits may be granted by a contractual agreement with the Governing Body.

(Ord. 1076; Code 2014)

The City-at-Large will finance the construction of all water supply facilities, treatment facilities, fire hydrants on public land and appurtenances thereto, will finance that portion of the construction of water line in excess of six inches (6”)   and will maintain and operate such facilities and distribution lines.

(Ord. 1076; Code 2014)

The City reserves the right to refuse water service extensions, or to limit water service, where such extension jeopardizes water service to existing users or is financially impractical.

(Ord. 1076; Code 2014)

The developer or user shall pay for the installation of all water lines six inches (6”) or less in size and the necessary valves and appurtenances. The installation of water lines shall be accomplished by written agreement between the City and the user and the cost of such water line installation shall be secured by a cash deposit.

(Ord. 1076; Code 2014)

Water distribution lines will be extended into areas in which lines are requested only if said areas are in compliance with the subdivision regulations and have been platted according to law.

(Ord. 1076; Code 2014)

Water service shall not be extended to any user until provisions have been made for the financing of central sanitary sewage facilities to serve the users, and the construction of these sewage facilities is assured. Said sewage facilities shall be designed to connect into the City sewage system when that system is available. Prior to the commencement of construction, the plans shall be submitted to the City Inspector for review and approval.

(Ord. 1076; Code 2014)

Water service may be refused to any user whose plumbing is not in accordance with the plumbing code of the City.

(Ord. 1076; Code 2014)

When users are initially connected to a water main, the City shall make the tap and provide the meter and the meter yoke. User pays for meter tile and lid. Meter tile shall be 18 inches with a lid that allows 18 inches access to the meter. When the water main is under the pavement, the City shall open the paved surface, but not excavate, as necessary for the installation for corporation, backfill the excavation and repair the street surface.

Inspector may permit street cuts for service line installations when deemed necessary. All costs for initial connections shall be reimbursed to the City by the user. The City shall maintain the water service line from the main to the meter, except when the meter is located on private property, then the City shall maintain the service line from the main to the property line. New water services, enlargements or relocations of water service lines shall be at the expense of the customer. The City shall install the corporation cock, service pipe, and curb cock at the closest point from the main to the property requesting service. Fees for services provided will be set by the City Governing Body. A service line shall not be extended beyond one hundred (100) feet without the approval of the Governing Body.

(Ord. 1076; Code 2014)

If the leak is between the water main and meter, the City shall maintain the water service line from the main to the meter, except when the meter is located on private property, then the City shall maintain the service line from the main to the meter or property line. When an existing service line from the main to the meter or property line, whichever comes first, reaches a point when repair is not feasible, the City shall replace the line at the expense of the City. Only licensed plumbers may work on the water system on public property; however, the City may do plumbing work on public property when deemed necessary by the foreman or inspector. If the water meter is located within a structure and a leak occurs at any point from the main to the meter, the meter will be relocated outside of the structure and service line will be placed from the main to the meter or property line, at a location to be determined by the City at the expense of the City. The balance of the repair will be at the property owner’s expense.

(Ord. 1076; Code 2014)

When a leak occurs in this area, a new corporation shall be installed and a service line, at the City’s expense.  The balance of the repair is to be completed by a licensed plumber at the property owner’s expense.

(Ord. 1076; Code 2014)

Leaks in this area shall be the responsibility of the property owner.

(Ord. 1076; Code 2014)

It will be the City’s responsibility to maintain all meters in working order and replace whenever necessary.  The City shall also replace risers or yokes and curb cocks, as necessary, to keep service in good operating condition.

(Ord. 1076; Code 2014)

A by-pass will be required to be installed, at the owner s expense, on all new commercial or industrial services of one and one-half inches or larger. This will enable the City to conduct routine maintenance of the meter without interrupting water service.  The inspector will be responsible for determining if a by-pass is required for other water customer classification, i.e., educational, multi-family, etc.

(Ord. 1076; Code 2014)

If any meter is found to vary in excess of 2% from 100% accuracy, the reading of the meter shall be corrected according to the percentage of inaccuracy found, but no correction shall extend beyond the date of the last regularly monthly reading. A meter with this level of inaccuracy shall also be immediately replaced or repaired with an accurate meter. The City shall test any meter on request; and, if any meter tested is inaccurate in excess of 2%, the until will be corrected; and, if any meter tested is found to vary less than 2%, the meter shall be replaced and a charge of $15.00 made on the next water bill.

(Ord. 1076; Code 2014)

The City Clerk shall have authority to make corrections or-refund overpayments on improper water bills due to City errors and shall also be allowed to modify and correct water bills due to leak adjustments.

(Ord. 1076; Code 2014)

Unless special permission is granted by the building inspector, each premise shall have a separate and distinct connection, and where permission is granted for branch service pipes, each branch pipe must have its own curb cock and separate meter.

(Ord. 1076; Code 2014)

Any problem which is not covered under these guidelines of the City Code, shall be not covered under these guideline resolved by the Governing Body.

(Ord. 1076; Code 2014)

(a)   No person, company, corporation or institution shall establish or permit to be maintained, any cross connection whereby a private water supply, or any source of contamination may enter the regular public water supply of the city of Marion, unless said source is approved by the city commission of the city of Marion, and the Kansas department of health and environment.

(b)   Protective backflow preventers required. Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow or backsiphonage may occur and where there is a hazard of contamination of the potable water supply system.

(d)   Inspection.  The city inspector or other designate of the city commission of the city of Marion shall have the right of entry into any building or premises in the city as frequently as necessary in order to ensure that plumbing has been installed in a manner as to prevent the possibility of contamination of the public water supply of the city of Marion, Kansas.

(d)   Protection from contaminants.  Pursuant to the authority given under home rule powers and K.S.A. 65-163a, the city of Marion, may refuse to deliver water to any premises where a condition exists which might lead to the contamination of the public water and may continue to refuse to deliver water until the condition is corrected to the satisfaction of the city. In addition, the city may immediately terminate water service to a premises where a backflow or backsiphonage condition exists which may be hazardous to the health of customers served by this public water supply system of the city of Marion.

(e)   Incorporation by reference. There is hereby incorporated by  reference  for  the purpose  of regulating  cross  connect ions  between the public  water  supply  and  any  sources  of  contamination  that  certain manual adopted by  the governing body  of the city of Marion  known  as “Manual of Regulations Regulating Backflow and Backsiphonage of Contaminants  due to Cross Connections for the City of Marion Public Water Supply”.  No fewer  than  three  copies of  said  manual  shall  be marked  or  stamped, “Official Copy as Adopted  by  Ordinance  No. 1108,” and  to which  shall  be  attached  a  copy  of  said ordinance (or, this code section), and filed  with the city clerk  to be opened to inspection and available to the public at all reasonable hours.

(Ord. 1108; Code 2014)

Except as otherwise provide for by the governing body (e.g., see Section 15-220 for Marion County Improvement District No. 2), the fees shall be charged for water:

Base rate up to first 1,000 gallons - $30.00

Thereafter, amount per 1,000 gallons - $5.05 per 1,000 gallons

(Ord. 1298; Code 2014; Ord. 1384; Ord. 1415)

The following fees shall be charged for water for the Marion County Improvement District #2 in compliance with the amended water purchase contacted dated April 1, 2015:

Amount per 1,000 gallons: - $4.37 per 1,000 gal.

(Ord. 1121; Code 2014; Ord. 1388)