13.12.070 Purchase of Water from Water Hydrants – Procedure.
(A) Fire hydrants are intended to be used for providing water for firefighting purposes and flushing and maintenance of the water supply system. At times, a fire hydrant may be approved to be used for a temporary water supply for commercial and industrial construction, road construction, development construction, special events, and filling of tanks when a permanent water supply is not needed or available. Hydrant connections shall utilize a backflow preventer or be properly air gapped to ensure public health and safety. Hose connections or filling chemical tanks are prohibited at the tank hauling location and a proper air gap shall be maintained.
(B) Application. Whenever any person desires to buy water from a City-owned fire hydrant, the applicant shall make application therefor to the City Manager or designated representative for the City of Olathe, Kansas. Such application shall be made upon forms provided by the City Manager or designated representative and shall contain an agreement by the applicant to abide by and accept all the provisions of this section of the Olathe Municipal Code as conditions governing the purchase of water from City-owned fire hydrants and the use of City-owned fire hydrant and metering devices.
(C) Rates. The rates for the purchase of water through City-owned fire hydrants shall be adopted by the Governing Body of the City by resolution.
(D) Fire Hydrant Metering Devices. No person shall obtain water from a City-owned hydrant without first installing and using a City-owned metering device to measure the quantity of water used. Application for use of a City-owned metering device shall be made on the same form as the application to buy water from a City-owned hydrant. The City Manager or designated representative may refuse to issue a water metering device in the event that the proposed use of the device constitutes an unreasonable risk of danger to the City’s water supply system or to the health and safety of the City’s citizens.
(E) Fire Hydrant Metering Device – Deposit – Forfeiture.
(1) Meters may be issued for a temporary water supply for commercial and industrial construction, road construction, development construction, special events, or the filling of tanks when a permanent water supply is not needed or available.
(2) A deposit shall be required for any person using a City-owned metering device. The deposit rates shall be adopted by the Governing Body of the City by resolution.
(3) Such deposit shall be paid at the same time as the filing of the application to buy water from a fire hydrant.
(4) The City shall keep a separate account of each deposit received, and shall pay interest according to the rate and conditions specified in K.S.A. 12-822 and all amendments thereto.
(5) Any investments of security deposits shall be made in accordance with K.S.A. 12-1675, and amendments thereto.
(6) Service deposits shall be nontransferable from one (1) customer to another customer.
(7) Upon termination of service the City will refund the deposit to the customer less any unpaid amounts due the City.
(8) Any deposit may be refunded to a customer when, in the opinion of the Governing Body, the deposit is unnecessary in order to secure payment of the water bill.
(9) Failure to return the meter at the end of the assigned issuance period shall result in the forfeiture of the deposit.
(F) Late Payment Penalty. Hydrant meter bills shall become due as established in Section 13.04.103 of the Olathe Municipal Code. Any customer failing to pay the utility service bill shall be assessed a late payment penalty pursuant to the provisions of Section 13.04.103. Collection procedures and court action may be started on all bills remaining unpaid over ten (10) days after the due date.
(G) Fire Hydrant Metering Device Estimation Fee (Commercial/Industrial Use Only).
(1) Monthly readings will be called in by the twentieth of each month to Customer Service.
(2) Failure to call in the monthly reading by the twentieth of the month will result in estimating the usage and assessing an estimation fee to the bill. The estimation fee shall be adopted by the Governing Body of the City by resolution.
(H) Damages to Metering Device or Other Property and Failure to Return.
(1) The applicant shall be responsible for the proper use of the metering device and shall be held liable for any damages thereto.
(2) The applicant shall also be held responsible and liable for all damages to the persons and property resulting from the applicant’s negligent or willful acts in purchasing water from and in using the City’s fire hydrants.
(3) Upon failure to return a meter, the City Attorney shall institute such proceedings, in the name of the City in any court having jurisdiction over such matters to recover the metering device. (Ord. 21-47 § 4, 2021; Ord. 14-46 § 1, 2014; Ord. 11-23 § 1, 2011; Ord. 02-145 § 4, 2002; Ord. 01-108 § 4, 2001; Ord. 00-114 § 4, 2000; Ord. 99-96 § 4, 1999; Ord. 96-106 § 4, 1996; Ord. 95-100 § 3, 1995; Ord. 94-81 § 4, 1994; Ord. 93-103 § 4, 1993; Ord. 92-65 § 4, 1992; Ord. 91-76 § 4, 1991; Ord. 91-20 § 4, 1991; Ord. 89-90 § 4, 1989; Ord. 85-152 § 4, 1986; Ord. 84-144 § 4, 1984; Ord. 83-111 § 5, 1983; Ord. 898 § 2, 1979.)