For the use of water within and outside of the city, the following rates shall be applicable as to each monthly billing cycle. Each user shall be charged a monthly minimum rate which shall include the first 200 cubic feet of water used. In addition, each user shall be charged for water used in increments of 100 cubic feet, or any portion thereof, beyond the minimum. All such rates shall be applicable regardless of whether the user is residential, commercial, institutional, or industrial. The rate designated for each calendar year shown below shall take effect for the utility billing cycle which is billed on or about January 15 of each such calendar year. The following rates shall not, however, be applicable to users whose rates are governed by a contractual arrangement with the city.

(Ord. 4658-08; Ord. 4699-09; Ord. 4746-10; Ord.4838-13; Ord. 5117-23)

All private fire hydrants shall be charged $5 per month each

(b)   Multi-Family Units Charges; Apartment Unit Charges. The monthly minimum service charges set forth in section 22-201 shall also apply to each dwelling unit within an apartment house or apartment complex, and to each mobile home or mobile home unit within a mobile home park, subdivision, or community, regardless of physical location within or without the city but excluding North Newton and the Rural Water District users.

(c)   Other Rates. All other rates not hereinbefore specified shall be fixed and established by the governing body either by resolution or made a matter of record by written contract.

(Ord. 4004, Sec. 2)

Water may be supplied to a user from fire hydrants located within the city upon approval by the city manager, or his or her designated agent, upon application therefore, the payment of the charges, and subject to the provisions and restrictions, all as set forth as follows:

(a)   An application in writing for such fire hydrant service shall be filed setting forth the following:

(1)   The name and address of the applicant;

(2)   The location of the fire hydrant to be so used;

(3)   The purpose of such use and area to be served;

(4)   The estimated time of such use.

(b)   Upon approval of such application as above provided and the payment by the applicant of a connection and meter charge in the sum of $10, the city shall install upon the designated fire hydrant an appropriate meter to register the volume of water used therefrom.

(c)   In addition to such connection and meter charge, the user shall pay for the water so used in accordance with the schedule of charges set forth in section 22-201 of the Code of the City of Newton, Kansas.

(d)   The city shall have the right to interrupt and suspend such water service during any firefighting emergency requiring the use of the hydrant, the use of the water therefrom, or as is necessary to maintain pressure in the system during such emergency.

(Ord. 4004, Sec. 3)

(a)   Residential, Commercial and Industrial Customers: A summer weather consumption allotment is hereby established for each residential, commercial and industrial customer of the city. The summer water consumption allotment for each billing period for each of the months of May through October, inclusive, for each such customer shall be equal to 1.5 times such customer’s average monthly winter water consumption, or 1,500 cubic feet per month, whichever volume is greater. The average monthly winter water consumption shall be equal to the average consumption in the preceding December, January, February and March for each such customer. An excess use charge for any volume of water used over the summer water consumption allotment, equal to 0.5 times the metered water service charge for that same volume is hereby assessed and shall be added to the bills rendered in June, July, August, September, October and November, except as otherwise superceded by present contracts; provided, however, that any further contracts for the sale of water shall provide for a water conservation plan which shall be evaluated by the Citizens Water Conservation Committee with recommendations submitted to the governing body.

(b)   Golf Courses and Public Recreational Facilities: A summer water consumption allotment is hereby established for each golf course and qualified public recreational facility served by the city. The summer water consumption allotment for each billing period for the months of July through October, inclusive, for each golf course and public recreational facility, shall be equal to 1.5 times such customer’s average monthly consumption in the months of May and June, as determined by meter readings taken in May and June, provided that the summer allotment for each golf course and public recreational facility shall be not less than 125,000 cubic feet per month. A public recreational facility shall be deemed to be qualified for this allotment if, upon application made by the owner or operator thereof, the city clerk determines that such facility is regularly available for public use (including use by or through a governmental entity) as a preponderant portion of its total use, and if its maintenance for such use requires irrigation. The city clerk may, in his or her discretion, require a separate meter for water used for such purposes, and in that event the allotment shall apply only to that separately metered water usage.

(c)   Water Conservation Special Use Fund: All moneys generated by the excess use charges shall be held in a water conservation special use fund and utilized for the promotion of water conservation for the education of the public as to water conservation and for the development of new water supplies.

(d)   Adjustment and Abeyance Requests: Any commercial, industrial or residential customer may request that the city clerk adjust a billing for consumption over a summer allotment if the increased summer water consumption results from a change in business activity or plant output or does not directly or indirectly result from water used for irrigation or cooling. Any commercial or industrial customer who operates a building which uses water for cooling purposes may request that an excess use charge be held in abeyance. An abeyance may be granted if the customer produces a plan of conservation for the reduction of water use which meets approval of the water department. The charge may be reduced or cancelled if the customer’s plans are carried out and consumption of water is substantially reduced. Requests shall receive consideration on an individual basis. Any aggrieved party may appeal to the Citizens Water Conservation Committee. The Citizens Water Conservation Committee shall conduct a public hearing on any such appeal within 30 days of the filing of such appeal with the city clerk. The city clerk shall cause a notice of such public hearing to be published not less than 10 days in advance of such hearing. After the hearing has been commenced, the hearing may be continued without the necessity of further notice. Upon the conclusion of such hearing, the decision of such committee, by the vote of a majority of those in attendance, shall be final and binding. Such decision shall be recorded in writing and filed with the city clerk.

(Ord. 3892, Sec. 1; Ord. 3947, Sec. 1)

(Ord. 3892; Ord. 4302-99; Repealed by Ord. 4415-02)