HomeMy WebLinkAboutA002 - Complete copy of Ord 3199 ORDINANCE NO. 3199
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING CHAPTER 28; ENACT-
ING A NEW CHAPTER 28 FOR THE PURPOSE OF REVISING
THE REGULATIONS ON WATER METERS AND SERVICE AND
RENUMBERING THE DIVISIONS; REPEALING ALL ORDINANC-
ES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY
AND SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing Chapter 28 as it now exists and
reenacting a new Chapter 28 as follows:
"DIVISION I, ELECTRICITY
Sec. 28.101. GENERAL CONDITIONS FOR ELECTRIC RATES.
The following general conditions are applicable to the
following as indicated in each rate schedule:
(1) Service shall be provided subject to Ames Municipal
Electric System rules and regulations.
(2) The schedule will be applied to each meter and point of
delivery and in no event will meter readings be combined.
(3) Where a residence and a business are combined on one
premises, service for the combined use will be considered
residential only if the predominant use is for
residential purposes. If the use is predominantly for
business purposes, the customer is required to take all
service under the applicable General Power or Large
Power rate.
(4) The standard approved type of electric water heater shall
have a single 120 volt heating element no larger than
1500 watts or shall have multiple thermostatically
controlled noninductive 240-volt heating elements of not
more than 5000 watts per element with such multiple
elements connected interlocking so that only one element
may operate at a time.
(5) The utility may assess an excess facilities charge when
necessary to meet costs of an unusual installation.
Sec. 28.102. ENERGY COST ADJUSTMENT.
The net monthly billing based on rates will be increased
or decreased by an amount corresponding to the increase or
decrease in the average cost to the Ames Municipal Electric
System for power plant fuel in the preceding month. The
incremental charge will be computed by multiplying the
number of kilowatt-hours used by the customer times the
difference between the base fuel cost and the average fuel
cost of the preceding month. The base fuel cost is $0.0195
per kilowatt-hour. The average fuel cost shall be determined
by multiplying the unit fuel cost in the previous month times
the quantity of fuel used in the twelve (12)-month period
prior to the previous month divided by the actual
kilowatt-hour sales during the same period.
Sec. 28.103. RESIDENTIAL ELECTRIC RATES.
(1) Availability: Electrical energy and service shall be
available at the "Residential Rate" for all single-phase
domestic uses in separately metered, dwelling units that
are intended for occupancy by a single family as defined
by the Ames Zoning Ordinance, as distinguished from
group domiciles such as rooming houses, fraternity or
sorority houses, supervised group homes, and
residential care facilities of various kinds.
(2) Rate per billing period. For each monthly billing period
a residential rate customer:
(a) shall be charged three dollars and fifty cents
($3.50) as a customer service charge, and
(b) in addition, shall be charged for energy consumption
during the billing period as follows:
(i) for bills mailed on or between August 1 and
October 31, 1987, and on or between July 1
and October 31 of subsequent years (summer
period) :
$0.077 per Kwh for the first 400 Kwhs
$0.073 per Kwh for the next 600 Kwhs
$0.067 per Kwh for all Kwhs over 1000 Kwhs,
or
(ii) for bills mailed on or between November 1 and
June 30 (winter period) :
$0.068 per Kwh for the first 400 Kwhs
$0.057 per Kwh for the next 600 Kwhs
$0.054 per Kwh for all Kwhs over 1000 Kwhs,
and
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(c) shall be charged any applicable energy cost
adjustment per Sec. 28.2.
(3) Minimum bill: The minimum charge per billing period
shall be three dollars and fifty cents ($3.50) .
(4) Conditions: The residential rate shall be subject to the
general conditions set forth in Section 28.1(1), (2),
(3) , (4) and (5) .
Sec. 28.104. GENERAL POWER RATE.
(1) Availability: Electrical energy and service shall be
available at the "General Power Rate" to all customers
except those that qualify for another rate schedule, for
all single-phase or three-phase, single-metered usage,
where the metered demand does not exceed 50 Kw.
(2) Rate per billing period: For each monthly billing period
a general power rate customer:
(a) shall be charged five dollars ($5.00) as the
customer service charge; and,
(b) in addition, shall be charged for energy consumption
during the billing as follows:
(i) for bills mailed on or between August 1 and
October 31, 1987, and on or between July 1
and October 31 of subsequent years (summer
period) :
$0.082 per Kwh for the first 2000 Kwhs
$0.070 per Kwh for the next 5000 Kwhs
$0.068 per Kwh for all Kwhs over 7000 Kwhs.
(h) for bills mailed on or between November 1 and
June 30 (winter period) :
$0.064 per Kwh for the first 2000 Kwhs
$0.053 per Kwh for the next 5000 Kwhs
$0.051 per Kwh for all Kwhs over 7000 Kwhs.
(c) shall be charged any applicable energy cost
adjustment per Sec. 28.2.
(3) Minimum bill: The minimum charge per billing period
shall be five dollars ($5.00) .
(4) Conditions: The general power rate shall be subject
to:
(a) the general conditions of section 28.1 (1), (2), (3)
and (5); and,
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(b) the following specific conditions:
(i) Unless three-phase service is determined by the
Ames Municipal Electric System to be
economically available, motors up to and
including 5 hp shall be single-phase. Motors
above 5 hp shall be three-phase. Three-phase
service will normally be 120/208 volt, 4 wire.
Where conditions warrant (outside the business
district area) , 4-wire 120/240 volt or 277/480
volt service may be furnished if mutually
agreeable to the Ames Municipal Electric System
and the customer.
(ii) Fluctuating loads. Loads requiring excess
transformer capacity because of large
momentary current requirements, or to provide
close voltage regulation, shall be subject to
an additional charge of $0.30 per rated Kva of
capacity above normal capacity requirement for
the diversified demand. The Kva subject to
an additional charge will be adjusted no more
than once a year. No charge shall apply if the
customer furnishes the transformers.
(iii) Should the electrical energy furnished
under this schedule for any reason be metered
on the primary side of the service
transformers, the energy metered shall be
reduced by 1-1/2 per cent before calculating
the energy charge.
Sec. 28.105. LARGE POWER RATE.
(1) Availability. The Large Power rate shall be optional for
any non-residential customer whose consumption in any
billing period exceeds 10,000 Kwh. The Large Power
rate shall be mandatory for any non-residential customer
whose metered demand at any time exceeds 50 Kw. If at
any time, a non-residential customer's metered demand
exceeds 50 Kw, all consumption for the billing period in
which that occurs, and for the next succeeding eleven
billing periods, shall be charged at the Large Power
rate. Any customer for whom the Large Power Rate
became mandatory, who subsequently has a metered
demand of less than 50 Kw for 12 consecutive months,
will again become an optional Large Power customer with a
choice between General Power and Large Power rates.
Any customer for whom the Large Power rate is optional
shall not switch rates more than once in a period of 12
months. Any customer on the Large Power rate who has
a metered demand of less than 50 Kw, and a consumption
of less than 10,000 Kwh, for twelve consecutive months,
shall be changed to the General Power rate.
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(2) Rate per Billing Period. For each monthly billing
period, a large power rate customer:
(a) shall be charged $40.00 as a customer service
charge, and
(b) in addition, shall be charged for demand and
energy consumption during the billing period as
follows:
(i) for bills mailed on or between August 1 and
October 31, 1987, and on or between July 1
and October 31 of subsequent years (summer
period) a customer shall be charged a demand
of:
$4.25 per Kw for the first 50 Kw of billing
demand
$3.85 per Kw for the next 100 Kw of billing
demand
$3.45 per Kw for all kilowatts over 150 Kw of
billing demand and an energy charge of:
$0.055 per Kwh for the first 200 hours use of
billing demand
$0.038 per Kwh for the next 200 hours use of
billing demand
$0.035 per Kwh for all Kwhs over 400 hours
use of billing demand
(ii) for bills mailed on or between November 1 and
June 30 (winter period) a customer shall be
charged a demand charge of:
$3.05 per Kw for the first 50 Kw of billing
demand
$2.65 per Kw for the next 100 Kw of billing
demand
$2.25 per Kw for all kilowatts over 150 Kw of
billing demand and an energy charge of
$0.047 per Kwh for the first 200 hours use of
billing demand
$0.037 per Kwh for the next 200 hours use of
billing demand
$0.033 per Kwh for all Kwhs over 400 hours
use of billing demand
(c) All charges above also shall be subject to the
current applicable energy cost adjustment per Sec.
28.2.
(3) Billing Demand: The "Billing Demand" shall be the
greater of:
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(a) The peak 15-minute demand measured during the
present monthly billing period; or
(b) Seventy-five percent (75%) of the peak demand
measured during the most recent four months of the
summer period; or
(c) Sixty percent (60%) of the peak demand measured
during the last eleven billing periods.
(d) Provided, however, that the demand used for
billing shall in no case be less than 15 Kw after
discounts.
(4) Minimum bill: The minimum bill shall be the customer
charge plus the current demand charge.
(5) Power factor adjustment: A power factor adjustment may
be made, at the option of the Ames Municipal Electric
System, when the power factor is less than 85%
lagging. If the power factor is less than 85% lagging,
the billing demand may be increased by 12% for each
whole 1% the power factor is below 85%.
(6) Service facilities: The Ames Municipal Electric System
shall furnish as a standard installation facilities
adequate to supply service at a single point of delivery
to a normal load equal to the maximum 15-minute demand
of the customer. Each standard installation shall
include, where necessary, facilities for one standard
transformation and the demand and energy consumption
of the entire premises.
(7) Excess facilities charge: In the event service
facilities in addition to, or different from, a standard
installation are requested by the customer, or are
required to serve the customer's load, the Ames Municipal
Electric System shall furnish, install, and maintain such
facilities subject to the following considerations:
(a) The type, extent, and location of such service
facilities shall be determined by agreement between
the Ames Municipal Electric System and the
customer.
(b) Such service facilities shall be the property of the
the Ames Municipal Electric System.
(c) The customer shall pay a monthly rental charge on
those facilities in excess of the facilities
included in a standard installation.
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(d) If the optional or nonstandard facilities are used
for other customers also, the rental payable by the
customer shall be that portion of the total rental
which is reasonably assignable to the customer.
(8) Primary service: Customers who take service at primary
voltage shall be granted discounts to demand and energy
as follows:
(a) 1-1/2% of the billing demand and measured energy
where metering is on the high voltage side of
utility-owned transformers.
(b) 5% of the billing demand and 1-1/2% of the measured
energy where metering is on the high voltage side of
customer-owned transformers.
(c) A minimum billing demand after discount shall be 15
Kw.
(d) Voltages below 8,000/13,800 Y nominal are considered
secondary voltage.
(9) Conditions: The Large Power Rate shall be subject to
(a) the general condition in section 28.1 (1), (2) , (3)
and (5) ; and,
(b) the following specific conditions:
(i) The customer's total usage on a single premise
shall determine whether the customer qualifies
for service under this rate structure. In no
event will the customer be billed on both the
General Power and Large Power rates. A
premise is defined as the main building of a
commercial or industrial establishment, and
shall include the outlying or adjacent
buildings used by the same provided the use
of service in the outlying buildings is
supplemental and similar to the service used in
the main building.
(ii) Fluctuating loads. If use of energy is
intermittent or subject to violent fluctuation,
the Ames Municipal Electric System may add to
the 15-minute measured demand an amount
equal to 65% of the rated capacity in Kw of the
apparatus which causes such fluctuations.
Sec. 28.106. INDUSTRIAL RATE.
(1) Availability: Provisions of Sec. 28.5 notwithstanding,
electrical energy and service shall be available at the
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following "industrial rate" to manufacturing/processing
type industrial customers. On a month-by-month basis,
a qualified industrial customer shall be charged the
lower of bills calculated on the Large Power and Indus-
trial rates.
(2) Rate Per Billing Period. For each monthly billing
period, an industrial rate customer
(a) shall be charged $100 as a customer service charge,
and
(b) in addition, shall be charged for demand and
energy consumption during the billing period as
follows:
(i) for bills mailed on or between August 1 and
October 31, 1987, and on or between July 1
and October 31 in subsequent years (summer
period) a customer shall be charged a demand
charge of $3.45 per Kw for all kilowatts of
billing demand, and an energy charge of:
$0.049 per Kwh for the first 200 hours of
billing demand
$0.033 per Kwh for the next 200 hours use of
billing demand
$0.031 per Kwh for all Kwhs over 400 hours
use of billing demand
(ii) for bills mailed on or between November 1 and
June 30 (winter period) a customer shall be
charged a demand charge of $2.25 per Kw for
all kilowatts of billing demand, and an energy
charge of:
$0.042 per Kwh for the first 200 hours use of
billing demand
$0.032 per Kwh for the next 200 hours use of
billing demand
$0.029 per Kwh for all Kwhs over 400 hours
use of billing demand
(c) All charges above also shall be subject to the
current applicable energy cost adjustment per Sec.
28.2.
(3) Billing Demand. The 'Billing Demand' shall be the
greater of:
(a) The peak fifteen (15) minute demand measured
during the current monthly billing period, or
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(b) Seventy-five percent (75%) of the peak demand
measured during the most recent four months of the
summer period; or
(c) Sixty percent (60%) of the peak demand measured
during the last eleven billing periods.
(d) Provided, however, that the demand used for
billing shall in no case be less than 2500 Kw after
discounts.
(4) Minimum Bill. The minimum monthly bill shall be the
customer charge plus the current demand charge plus
the energy charge and energy cost adjustment for
600,000 Kwh.
(5) Power Factor Adjustment. A power factor adjustment
may be made, at the option of the Ames Municipal Electric
System, when the power factor is less than 85%
lagging. If the power factor is less than 85% lagging,
the billing demand may be increased by 12% for each
whole 1% the power factor is below 85%.
(6) Service Facilities. The Ames Municipal Electric System
shall furnish as a standard installation facilities
adequate to supply service at a single point of delivery
to a normal load equal to the maximum 15-minute demand
of the customer. Each standard installation shall
include, where necessary, facilities for one standard
transformation and the demand and energy consumption
of the entire premises.
(7) Excess Facility Charge. In the event service facilities
in addition to, or different from, a standard
installation are requested by the customer, or are
required to serve the customer's load, the Ames Municipal
Electric System shall furnish, install, and maintain such
facilities subject to the following considerations:
(a) The type, extent, and location of such service
facilities shall be determined by agreement between
the Ames Municipal Electric System and the
customer.
(b) Such service facilities shall be the property of the
the Ames Municipal Electric System.
(c) The customer shall pay a monthly rental charge on
those facilities in excess of the facilities
included in a standard installation.
(d) If the optional or nonstandard facilities are used
for other customers also, the rental payable by the
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customer shall be that portion of the total rental
which is reasonably assignable to the customer.
(8) Primary service: Customers who take service at primary
voltage shall be granted discounts to demand and energy
as follows:
(a) 1-1/2 0 of the billing demand and measured energy
where metering is on the high voltage side of
utility-owned transformers.
(b) 5% of the billing demand and 1-1/2% of the measured
energy where metering is on the high voltage side of
customer-owned transformers.
(c) A minimum billing demand after discount shall be
2500 Kw.
(d) Voltages below 8,000/13,800 Y nominal are considered
secondary voltage.
(9) Conditions. The Industrial rate shall be subject to the
following specific conditions.
(a) the general condition in section 28.1 (1), (2) and
(5) and
(b) the following specific conditions:
(i) The customer's total usage on a single premise
shall determine whether the customer qualifies
for service under this rate structure. In no
event will the customer be billed on more than
one rate. A premise is defined as the main
building of a commercial or industrial estab-
lishment, and shall include the outlying or
adjacent buildings used by the same provided
the use of service in the outlying buildings is
supplemental and similar to the service used in
the main building.
(ii) Fluctuating loads. If use of energy is
intermittent or subject to violent fluctuation,
the Ames Municipal Electric System may add to
the 15-minute measured demand an amount
equal to 65% of the rated capacity in Kw of the
apparatus which causes such fluctuations.
Sec. 28.107. STREET AND SECURITY LIGHTING RATE.
(1) Availability. Lighting energy and service shall be
available for street lighting and for security lighting
where it is impossible or impractical to meter the
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electrical energy through the customer's normal metering
location.
(2) Rate per Billing Period. For each monthly billing period
the lighting customer:
(a) shall be charged for service per lamp:
(i) for bills mailed on or after August
1,1987:
Monthly
Monthly Consumption
Lamp Charge (Kwh per Lamp
1000 Watt - Mercury Vapor $20.80 383
700 Watt - Mercury Vapor $15.15 268
400 Watt - Mercury Vapor $ 9.50 153
400 Watt - Mercury Vapor-Ornamental $11.50 153
250 Watt - Mercury Vapor $ 6.80 96
250 Watt - Mercury Vapor-Ornamental $10.10 96
175 Watt - Mercury Vapor $ 5.55 67
175 Watt - Mercury Vapor-Ornamental $ 7.55 67
400 Watt - High Pressure Sodium $10.25 153
400 Watt - High Pressure Sodium-Ornamental $11.50 153
360 Watt - High Pressure Sodium $ 9.70 138
360 Watt - High Pressure Sodium-Ornamental $10.95 138
250 Watt - High Pressure Sodium $ 7.40 96
250 Watt - High Pressure Sodium-Ornamental $10.50 96
200 Watt - High Pressure Sodium $ 7.20 77
200 Watt - High Pressure Sodium-Ornamental $10.50 77
150 Watt - High Pressure Sodium $ 6.20 60
150 Watt - High Pressure Sodium-Ornamental $ 8.20 60
100 Watt - High Pressure Sodium $ 5.00 38
100 Watt - High Pressure Sodium-Ornamental $ 6.80 38
70 Watt - High Pressure Sodium $ 4.35 27
70 Watt - High Pressure Sodium-Ornamental $ 6.25 27
Ornamental fixtures are units on poles other than wood.
(b) and all lamps shall be charged any applicable energy
cost adjustment, per Sec. 28.2, based on the stated
average monthly Kwh consumption per lamp.
(3) Conditions. The street and security lighting rate will
be subject to 28.1(1) and (5) and the following specific
conditions:
(a) new service agreements shall be 3 years minimum
(b) new installation for "security lights" will only be
made with 175, 400, or 1000 watt mercury vapor or
with 70, 100, 150, 200, or 250 watt sodium fixtures
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on existing poles with a maximum of a 150 foot span
of wire.
(c) Customers desiring a change from mercury to sodi-
um fixtures after less than 3 years under an exist-
ing service agreement will be charged for conversion
costs.
(d) Flood lights, where available from utility stock,
shall have an additional monthly charge of $.50 per
lamp.
(e) No new 360 watt sodium fixtures will be installed.
"DIVISION II
WATER SERVICE
Sec. 28.201. WATER RATES AND CHARGES.
The rates and charges for water supplied to consumers
by the water utility of the city are as follows:
(1) Rate per one hundred cubic feet. For water metered
after the first one hundred (100) cubic feet the net rate
of charge shall be ninety-five cents ($0.95) per one
hundred (100) cubic feet. Where a battery of meters is
installed in parallel, serving the same function as a
compound meter, fed by a single service line from the
main, and collected into a single header within the
building, the combined readings of these several meters
shall be used in computing the amount to be charged.
It shall be the duty of the director of water and water
pollution control to review and recommend to the city
council such revision of the rates and charges estab-
lished and set out in this division as is deemed prudent
not later than two (2) years from their effective date.
(2) Minimum charges. The minimum charge for each water
meter location shall be as follows:
Size of Meter
Minimum Charge
5/8 inch or 5/8" x 3/4" . . . . . . . . . . . . . . . . . . . . .$ 4.00
3/4 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
1 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.00
1-1/2 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.00
2 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00
2 inch, battery of 2 . . . . . . . . . . . . . . . . . . . . . . . 120.00
2 inch, battery of 3 . . . . . . . . . . . . . . . . . . . . . . . 190.00
3 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120.00
4 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00
(3) Multiple dwellings--Mobile home parks. Multiple dwell-
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ings, including mobile home parks, may be serviced from
a single water meter.
However, there shall be a surcharge added to the
water rates set forth above, to be calculated as
follows:
For a 5/8 inch meter serving 2 or
more dwelling units . . . . . . . . . . . . . . . $0.75/month/unit
For a 3/4 inch meter serving 4 or
more dwelling units . . . . . . . . . . . . . . . 0.75/month/unit
For a 1 inch meter serving 8 or
more dwelling units . . . . . . . . . . . . . . . 0.75/month/unit
For a 1-1/2 inch meter serving 16 or
more dwelling units . . . . . . . . . . . . . . . 0.75/month/unit
For a 2 inch meter serving 30 or
more dwelling units . . . . . . . . . . . . . . . 22.50/month for
the first 30 units plus $1.00/month per unit for each
additional unit in excess of 30 units
For a 3 inch meter serving any
number of dwelling units . . . . . . . . . 1.00/month/unit
For the purposes of this section, a dwelling unit is
defined as a self-contained living facility (i.e. , in-
cluding kitchen and bath) such as an apartment or a
licensed independent mobile home space.
Sec. 28.202. WATER SERVICE, CONNECTION CHARGE.
There is established hereby, as a fee for connection to
the water main, a charge to be computed at the rate of $6.50
per lineal foot of the property served by and adjacent to the
main, with a minimum charge of four hundred and twenty-two
dollars and fifty cents ($422.50) per lot or land parcel;
provided, that no water utility special assessment or connec-
tion fee has been imposed previously with respect to said land
and the main was financed with funds of the city.
Sec. 28.203. METERS FURNISHED AND OWNED
(1) All water meters shall be furnished and owned by the
City. The customer shall pay for the water meter(s)
according to the current schedule of fees for meter
installation.
(2) The type and size of meter(s) to be installed may be
reviewed with the customer or customer's representative,
but the Water and Pollution Control Department shall have
final authority to set the meter(s) considered most
appropriate for the proposed installation. No water
meter shall be set nor shall the water service be turned
on unless the location and setting comply with the code
and all fees and deposits have been paid.
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i
Sec. 28.204. METER TO REMAIN WHERE INSTALLED
(1) The water meter(s) shall remain at the address in which
installed and shall remain in the same location as first
installed unless the relocation is approved by the Water
Meter Division. In the event the owner or occupant
moves from the building, the meter(s) remains with the
building. If the building is demolished or moved from
the lot, the meter(s) shall be removed and returned to
the City. If the building is moved to another location,
the owner shall pay applicable meter fees for the new
location.
(2) Meter fees will also be charged for the new meter(s) set
at the previous location. This meter fee may be prorated
if the new meter(s) is set within six months of the
notice to the Finance Department to discontinue service.
(3) Only employees of the Water Meter Division are authorized
to remove meters except as provided in Section 28.210(2) .
A resetting fee shall be assessed for removal of a meter
without authorization.
Sec. 28.205. LOCATION AND ACCESSIBILITY
(1) Basement mechanical room. The water meter(s) shall be
located in the basement or mechanical/utility room if one
is provided. The master water meter shall be placed
where the water service line comes through the basement
wall or basement floor. Where no basement is provided,
the master meter shall be placed where the service line
comes through the floor of the utility room. Meters
shall be indoors and protected from freezing. A floor
drain shall be located in the room containing the me-
ter(s) . Meters cannot be located above the first or
ground floor level under any conditions. Only the indi-
vidual water meter(s) serving a dwelling unit can be
located within the private occupancy space of that dwell-
ing unit.
(2) Multi-family dwellings. In a duplex, the preferred meter
location is in the joint basement or mechanical room. If
this is not possible, each individual meter must be in
the private occupancy area (utility room, for example) of
that dwelling unit. In multi-family dwellings on one
level, the preferred meter location is in a joint mechan-
ical, utility, or meter room. However, with prior ap-
proval, individual meters may be located in the utility
room of each dwelling unit. In multi-family dwellings on
more than one level, meters shall be congregated in one
or more mechanical/utility or meter rooms in the basement
or first floor level of the building. Location of indi-
vidual meters in each individual utility room or apart-
ment is prohibited. In an apartment complex where a
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mechanical room is not provided, a water meter room shall
be provided at the point where the service line comes
through the wall or floor. A floor drain must also be
provided in this area.
(3) All meters shall be placed within 30" and no more than
42" from where the water service first penetrates the
floor or wall of the structure.
(4) Meter setting height. Single water meters shall be set
at a height not less than 30 inches and not more than 42
inches above the floor. Multiple water meters may be
stacked vertically, either directly above or offset,
within general limits of not less than 20 inches and not
more than 48 inches above the floor.
5 Accessibility. All water meters shall be in an accessi-
ble location. There shall be no obstruction or storage
of other materials preventing access to the meter. The
meter shall not be placed above or behind a furnace,
water heater, washer or dryer, or other such arrange-
ment limiting access to the meter. No shelf may be
placed less than two feet above any meter. For meters
smaller than one inch, a minimum of two feet of working
clearance around the meter is necessary for meter mainte-
nance and routine change. For meters one inch or larg-
er, a minimum of three feet of working clearance around
the meter is necessary for maintenance.
Sec. 28.206. METER VALVES
There shall be an inverted key, ringstyle, locking-type
water meter valve of 'Ford KV-23-WI pattern, or its equiva-
lent, attached to every water service pipe inside the building
wall, the valve to be set not less than two and one-half feet
above the basement floor. There shall also be a valve in-
stalled on the discharge side of each meter.
Sec. 28.207. METER ACCESSORIES
(1) Bypass. A valved bypass line shall be provided for
every water meter installation 12 inch diameter and
larger so that the meter can be removed without inter-
rupting service to the customer. It is recommended that
valved bypass lines be provided for smaller meter instal-
lations where interruption of service is not acceptable
to the customer. All valved bypass lines shall be closed
and sealed by the Water Meter Division. If the seal is
broken for any reason except as may be authorized by
the Water Meter Division, the customer shall be billed
for unauthorized use.
(2) Jumper wire. All water services shall have a jumper wire
installed to ground the water service when the water
B 15 9-8-92
meter is removed for testing or maintenance. The use
of the water service as a primary ground for the electri-
cal, telephone, cable TV, or other systems is prohibited.
In the event the water service is installed using plastic
or PVC pipe materials, neither primary nor secondary
grounding is permitted.
(3) Water Meter Supports. If plastic or PVC pipe materials
are used for the service or interior plumbing, the water
meter shall be supported or mounted in an approved
manner at the location specified in Sec. 28.205. Accept-
able supports include a shelf attached/anchored to the
building wall or a steel support anchored in the concrete
floor. The support shall be of sufficient strength to
hold the weight of the meter and accessories. A tempo-
rary support may be used for construction meters.
Sec. 28.208. METER PITS
Meter pits will generally not be approved because of the
difficulty and safety hazards in meter reading and mainte-
nance. If no other alternative is available, a meter pit
constructed in accordance with Water and Pollution Control
specifications may be approved.
Sec. 28.209. REMOTE READING DEVICE
(1) New meter installations. All new water meter installa-
tions shall have a remote reading register placed on the
outside of the building or residence. The remote regis-
ter shall be located within three feet of the electric
meter whenever possible. The customer or builder shall
install a single 18/4 or two pairs 18/2 solid core bell
wire with plastic sheath from the water meter on the
inside of the unit to the location of the remote register
on the outside of the unit. One pair of wires is for the
customer's master water meter, and the other is for the
yard meter or other sub-meter arrangement. A minimum
of three feet of excess wire shall be left at each end to
allow connection to the water meter and installation of
the remote register. The City will provide and install
the remote register and connect the customer-installed
wire.
Sec. 28.210. METER REPAIRS AND COST
(1) The Water Utility will service and maintain city-owned
water meters without charge and will replace a defective
or malfunctioning water meter without charge. However,
if it is found that damage to the meter has resulted
through carelessness and/or negligence on the part of the
customer, or as a result of the customer's plumbing
B 16 9-8-92
system or internal operations, then the customer shall be
liable for the expense of the repair of the meter.
(2) In the event of an emergency where the meter is discov-
ered out of order to such an extent as to cause proper-
ty damage by leakage, the meter may be removed by the
customer or the customer's representative and immediately
returned to the Water Meter Division for repair.
(3) Where a water meter fails to register accurately, the
customer shall be charged the average rate as shown by
the previous readings of the meter when in order.
Sec. 28.211. PROTECTION OF METERS
(1) Protection of the meter from freezing or any other damage
shall be the obligation of the owners and occupants of
the premises for which installed. Cost of any repairs
for damaged meters shall be assessed as described in
Sec. 28.210.
(2) Unprotected construction meters will only be set between
May 15 and October 15. If the construction is protected
from the elements, a construction meter may be used at
any time.
Sec. 28.212. HYDRANT METER
As a general rule, hydrant meters will not be allowed
except under unusual circumstances. Prior approval of the
Water and Pollution Control Department is required. A fee
shall be charged for setting and removing each hydrant me-
ter. In addition, a deposit is required before each hydrant
meter is set. The deposit less damages, if any, will be
returned after the hydrant meter is removed.
Sec. 28.213. UNMETERED WATER USE
Unmetered water use at any location for any purpose,
without prior authorization from the Water Meter Division,
shall be billed at a rate set by city council per occurrence
or per month, whichever is greater. In addition, any damag-
es shall be charged to the person using the water without
authorization. Authorized use of water without a meter will
be billed at the rate set by city council. To initiate or
terminate this service the customer shall make such request
through the Customer Service Division of the Finance Depart-
ment.
Sec. 28.214. OWNERSHIP AND REPAIR, WATER SERVICE
CONNECTIONS
All service connections with the city water supply from
the main to the meter, including the corporation cock, service
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line, curb cock and curb box shall be installed and maintained
at the expense of the property to be served. ownership of
the entire service connection remains with the property.
Whenever any part of the water service line between the main
and the consumer's meter develops a leak or becomes out of
repair, it shall be the duty of the City Manager to notify the
property owner, the property owner's legal agent, or the
consumer of the defect. Leaking water services which are
galvanized service line piping materials shall be replaced
entirely between the water main and the meter with a water
service line of proper size and material. The Administrative
Authority may require replacement of leaking water services
made of other non-approved materials if it is determined that
the condition of the service line presents safety or sanitary
concerns. To prevent or reduce damage to public or private
property, the City Manager or his designee shall, if the
owner or consumer does not act to correct the defect within
fourteen (14) calendar days after notice, cause the
discontinuance of water service to the premises. The City
Manager is authorized to discontinue service or repair service
leaks without prior notice to the property owner or tenant in
emergency situations to prevent service interruption,
damages, or injury to others. Any costs incurred by the
city for excavation and replacement, and repair of damages to
property caused by such, shall be charged to the owner and
may be assessed as a lien against the property as provided in
Sections 384.62 and 364.12 Code of Iowa.
Sec. 28.215. DISCONNECTION AND RECONNECTION OF
WATER
SERVICE -- CHARGES.
When requested by the customer, the city will cause the
water to be turned off at the curb box, provided the curb
cock is in working order and is accessible. A fee may be
charged to the customer for the service. The cost of locating
and servicing an inaccessible or damaged curb cock or curb
box will be at the expense of the customer ordering discontin-
uance of service. Should it become necessary to cut off the
water at the corporation cock in the main, the expense thereof
shall be charged to the owner of the premises. Water rents
and service charges will be made until notice of discontinu-
ance of service is given to the city at the office of the
Finance Director. When water service is discontinued, all
water rentals and charges of the city for water service to the
customer shall be immediately due and payable.
When service is temporarily disconnected at the request
of the customer or for non-payment of bills, a charge may be
made for reconnecting the service.
Sec. 28.216. AIR CONDITIONING WATER CONSERVATION.
B 18 9-8-92
(1) Definitions. For the purpose of this section the follow-
ing terms, phrases, words, and their derivations have
the meaning given herein. When not inconsistent with
the context, words used in the present tense include the
future, words in the plural number include the singular
number, and words in the singular number include the
plural number. The word "shall" is always mandatory
and not merely directory.
(a) Air-conditioning system is one or more units for the
cooling or dehumidification, or both, of space for
human occupancy.
(b) Building official is the building official of the
city.
(c) Compressor horsepower (one) is the equivalent of
one ton of refrigeration which is the heat required
to melt ice at the rate of one ton in twenty-four
(24) hours.
(d) Water conservation device is a cooling tower, spray
pond, evaporative condenser or other equipment by
which water is cooled and recirculated, thereby
limiting the use of water from city mains to that
amount necessary for cleaning, and restoration of
losses through evaporation.
(e) Water regulating device is an automatic control
valve, the purpose of which is to limit the maximum
use of water to a predetermined rate.
(2) Compliance required. It is unlawful for any person to
have installed hereafter any air-conditioning system
using water as its medium without first conforming to the
provisions of this section and the building and electri-
cal codes of this city.
(3) Permit required. All persons who desire to install any
air cooled or water cooled system shall obtain approval
of their equipment, obtain a permit therefore in advance
from the building official and shall give notice of
completion of the installation to the official.
(4) Permit required to change nonconforming installations.
All water cooled air-conditioning systems installed prior
to the effective date of this section which are to be
replaced, altered or increased in size as a whole system
or part of a system shall conform to the provisions of
this chapter after the change has been made. A permit
shall be obtained from the building official for the
changes as herein provided.
B 19 9-8-92
(5) Standards of operation prerequisite to permit. Before
issuing a permit as required herein the building official
shall find that the system complies with the following
standards of operation:
(a) Use of city water in system using two compressor h-
orse power or over. Water cooled systems having
two (2) or more compressor horsepower, or equiva-
lent cooling capacity, shall be equipped with an
approved water conservation device so that water
from city mains shall be used for make-up or flush-
ing purposes only.
(b) Efficiency of water conservation device. The water
conservation device required herein for systems of
two (2) or more horsepower capacity shall be of
such efficiency that it will operate with not over
fifteen (15) gallons of city water per hour per ton
of refrigeration. The water level control on the
tank or reservoir shall be so adjusted as to prevent
waste of water through the overflow.
(c) Construction of make-up device. The make-up
water connection required herein shall be so ar-
ranged that the supply has a physical break be-
tween the city water lines and the device whereby it
is impossible for water to siphon back into the
water lines in case of low pressure.
(d) Systems using under two (2) compressor horsepowe-
r. All water cooled systems using under two (2)
compressor horsepower or equivalent cooling capacity
shall be equipped with an approved automatic water
regulating device, so adjusted as to limit the use
of city water to not more than sixty (60) gallons
per hour per ton of refrigeration.
(e) Effect upon co-users. In no case shall any system
adversely affect the flow of water to other users in
the area.
(f) Discharge of water; method. The discharge of
water from the air-conditioning system shall be as
directed by the building official.
(6) Inspection of systems. The building official shall cause
all systems regulated herein to be inspected from time to
time for compliance with this section.
(7) Noncompliance; permit holder to correct condition. In
case of noncompliance with this section the building
official shall notify the permit holder to correct the
condition within ten (10) days.
B 20 9-8-92
(8) Revocation of permit; extension of time to correct condi-
tion. In the event of failure, or upon the refusal of
the permit holder to comply as ordered, the building
official shall, after notice and reasonable opportunity
for hearing, revoke the permit; provided, however,
that upon a showing of hardship or other circumstances
warranting the action, the building official shall have
the authority to grant an extension of time to comply
with the provisions of this section and shall render a
written report thereon to the city manager.
(9) Appeals. Whenever the building official shall reject any
plan or specification submitted hereunder and issue an
order requiring compliance or revoking a permit, the
person aggrieved shall have the right to appeal to a
board composed of the water superintendent, city engi-
neer and other qualified persons, and, if still aggrieved
by the decision of this board, shall then have the right
to appeal to the city council. The decision of the city
council with respect to the appeal shall be final.
DIVISION III
SEWERS
Sec. 28.301. SEWER RATE POLICY.
It is determined and declared to be necessary and condu-
cive to the protection of the public health, safety, welfare,
and convenience of the City of Ames to collect charges from
all users who contribute wastewater to the City's treatment
works. The proceeds of such charges so derived will be
used for the purpose of operating, maintaining, and retiring
the debt for such public wastewater treatment works.
Sec. 28.302. DEFINITIONS.
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
(1) 'CBOD' (denoting Carbonaceous Biochemical Oxygen De-
mand) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at 20°C, ex-
pressed in milligrams per liter (mg/1) .
(2) 'NH3' or 'NH3-N' (denoting Ammonia) shall mean that
portion of nitrogen in the form of proteins or intermedi-
ate decomposition products which is determined by stan-
dard laboratory procedure for analysis of ammonia nitro-
gen, expressed in milligrams per liter (mg/1) .
(3) 'Normal Domestic Wastewater' shall mean wastewater that
has a BOD concentration of not more than 250 mg/l aver-
age and 400 mg/l maximum; and a suspended solids con-
B 21 9-8-92
centration of not more than 300 mg/l average and 450
mg/1 maximum; and an ammonia concentration of not more
than 40 mg/l average and 60 mg/l maximum.
(4) 'Operation and Maintenance' shall mean those functions
that result in expenditures during the useful life of the
treatment works for materials, labor, utilities, and
other items which are necessary for managing and for
which such works were designed and constructed. The
term 'operation and maintenance' includes replacement as
defined in (5) .
(5) 'Replacement' shall mean expenditures for obtaining and
installing equipment, accessories, or appurtenances which
are necessary during the useful life of the treatment
works to maintain the capacity and performance for
which such works were designed and constructed.
(6) 'Residential User' shall mean any contributor to the
City's treatment works whose lot, parcel or real estate,
or building is used for domestic dwelling purposes only.
(7) 'Shall' is mandatory; 'May' is permissive.
(8) 'SS' (denoting Suspended Solids) shall mean solids that
either float on the surface of or are in suspension in
water, sewage, or other liquids and which are removable
by laboratory filtering, as expressed in milligrams per
liter (mg/1) .
(9) 'Treatment Works' shall mean any devices and systems
for the collection, storage, treatment, recycling, and
reclamation of municipal sewage, domestic sewage, or
liquid industrial wastes. These include intercepting
sewers, outfall sewers, sewage collection systems, pump-
ing, power, and other equipment and their appurtenanc-
es; extensions, improvement, remodeling, additions and
alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units
and clear well facilities; and any works, including site
acquisition of the land that will be an integral part of
the treatment process or is used for ultimate disposal of
residues resulting from such treatment (including land
for composting sludge, temporary storage of such com-
post, and land used for the storage of treated wastewater
in land treatment systems before land application) ; or
any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of
municipal waste or industrial waste.
(10) 'Useful Life' shall mean the estimated period during
which a treatment works will be operated.
B 22 9-8-92
(11) 'User Charge' shall mean that portion of the total
wastewater service charge which is levied in a propor-
tional and adequate manner for the cost of operation,
maintenance, and replacement of a designated part of the
wastewater treatment works.
(12) 'Water Meter' shall mean a water volume measuring and
recording device.
Sec. 28.303. USE OF RATE REVENUE.
The user charge system shall generate adequate annual
revenues to pay costs of annual operation and maintenance,
including replacement, and costs associated with debt retire-
ment of bonded capital associated with financing the treatment
works which the City may by ordinance designate to be paid
by the user charge system. That portion of the total user
charge which is designated for operation and maintenance,
including replacement of the treatment works, shall be estab-
lished by this ordinance.
That portion of the total user charge collected which is
designated for operation and maintenance, including replace-
ment, shall be deposited in a separate non-lapsing fund
known as the WPC Operation,Maintenance and Replacement
Fund.
Fiscal year-end balances in the operation, maintenance,
and replacement fund shall be used for no other purposes
than those designated. Monies which have been transferred
from other sources to meet temporary shortages in the opera-
tion, maintenance, and replacement fund shall be returned to
their respective accounts upon appropriate adjustment of the
user charge rates for operation, maintenance, and replace-
ment. The user charge rate(s) shall be adjusted such that
the transferred monies will be returned to their respective
accounts within six months of the fiscal year in which the
monies were borrowed.
Sec. 28.304. SEWER RATES ESTABLISHED.
(1) Each user shall pay for the services provided by the City
based on his use of the treatment works as determined
by water meter readings or other appropriate methods
acceptable to the City.
(2) For all users, monthly user charges shall be based on
actual water usage, except where a practical method of
wastewater measurement is available. If a user has a
consumptive use of water, or in some other manner uses
water which is not discharged into the wastewater collec-
tion system, the user charge for that contributor may be
based on readings of a wastewater meter(s) or separate
B 23 9-8-92
water meter(s) installed and maintained at the user's
expense and in a manner acceptable to the City.
(3) The minimum charge per month shall be $3.00 for the
first 100 cubic feet of water used per month. In addi-
tion, for all water metered after the first 100 cubic
feet per month, each user shall pay:
(a) a treatment user charge rate for operation and
maintenance, including replacement, of $0.24/100 cu.
ft. of water used per month,
(b) a sewer user charge rate for operation and mainte-
nance, including replacement, of $0.30/100 cu. ft.
of water used per month,
(c) a capital charge rate for debt retirement of
$1.16/100 cu. ft. of water used per month
The sewer user charge and the capital charge may be
adjusted to better reflect actual benefit to the contrib-
utor.
(4) For those users whose wastewater has a greater strength
than normal domestic sewage, a surcharge in addition to
the normal user charge will be collected. The surcharge
for operation and maintenance including replacement is:
Surcharge
Parameter Extra-Strength Rate mg/l of Extra Strength
CBOD $0.08/lb. $0.00050/100 cf
SS $0.14/lb. $0.00088/100 cf
NH3 $0.20/lb. $0.00125/100 cf
(5) (a) The City shall be responsible to initially determine
which users have wastewater discharges with
strengths greater than normal domestic sewage.
Any costs for this initial determination shall be
the responsibility of the City. Based upon this
initial determination , the City shall notify the
user of the surcharge rate to be charged each
month during the next year or until the next ana-
lytical data set is submitted.
(b) Any user so identified by the City shall submit at
least once each year an analytical data set for each
discharge point showing the concentrations for
BOD, SS, and NH3. This data set shall be collect-
ed in three consecutive 24-hour samples of the
wastewater discharge during a typical work week.
These samples shall be representative of the average
or typical discharge from the user. After the
initial determination, all costs for sample collec-
B 24 9-8-92
tion, analysis, and reporting shall be the responsi-
bility of the user. If any facilities are needed
in order to obtain representative samples, the user
shall also be responsible for all costs of any
facilities needed.
(c) Any user may submit more than one analytical data
set each year. These additional data sets shall be
used to modify or revise the surcharge rate as
appropriate. The revised surcharge rate shall be
implemented at the first full billing cycle follow-
ing the receipt of the data set. All costs for
these additional data sets shall be the responsibil-
ity of the user.
(d) All sample collection and analytical work shall be
done by competent individuals or firms regularly
involved in wastewater collection and analysis. All
samples and analyses shall comply with the proce-
dures specified in the Standard Methods for the
Examination of Water and Wastewater, 16th Edition,
APHA-AWWA-WPCF, 1985. Any data sets which do
not meet this requirement shall be rejected.
(5) Any user which discharges any toxic pollutants (as de-
fined in the Sewer Use Ordinance) which cause an in-
crease in the cost of managing the effluent or the sludge
from the City's treatment works, or any user which
discharges any substance which singly or by interaction
with other substances causes identifiable increases in
the cost of operation, maintenance, or replacement of the
treatment works, shall pay for such increased costs.
The charge to each such user shall be as determined by
the appropriate financial personnel and approved by the
City Council.
(6) The City will review the user charge system at least
every two years and revise user charge rates as neces-
sary to ensure that the system generates adequate reve-
nues to pay the costs of operation and maintenance in-
cluding replacement and that the system continues to
provide for the proportional distribution of operation
and maintenance including replacement costs among us-
ers.
The City will notify each user at least annually, in
conjunction with a regular bill, of the rate being
charged for operation and maintenance including replace-
ment of the treatment works.
(7) Where a customer wishes to use water for watering a
lawn or garden, filling a swimming pool, or for existing
single-pass air conditioning or other such use and that
water does not reach the sanitary sewer system, the
B 25 9-8-92
customer may at his option apply for and have installed a
'yard meter'.
A 'yard meter' is defined as a second water meter or
sub-meter on the premises installed downstream of the
first or master water meter. It will be so placed as to
meter outdoor water use described above which does not
reach the sanitary sewer system. The 'yard meter' shall
have a remote reading register outdoors as required for
the master water meter.
The full cost of the 'yard meter' and any associated
plumbing changes shall be the responsibility of the
customer. The 'yard meter' shall be furnished and
owned by the City and so located as to be easily accessi-
ble at all times. Maintenance and replacement of the
'yard meter' shall be governed by the same requirements
applying to all other water meters owned by the City.
The sewer service charge will be billed only on the
difference between the two water meter readings. No
minimum monthly bill for either water or sewer service
shall apply to the 'yard meter'.
(8) Where a 'yard meter' is not installed, but it appears in
any month that more than two thousand (2,000) cubic
feet of water was used by the customer in a way that
the water did not reach the sanitary sewer, that amount
of water shall be exempt from the sewer rate on applica-
tion to the city manager.
(9) The user charge ordinance shall take precedence over
any terms or conditions of agreements of contracts which
are inconsistent with the requirements of Section
204(b)(1)(A) of the Act and 40 CFR Part 35 dated Febru-
ary 17, 1984.
(10) The sewer rates established and stated herein are deter-
mined by the system for development of proportional
user charges set out, with representative computations,
as Appendix M to the Ames Municipal Code.
Sec. 28.305. SEWER SERVICE, CONNECTION CHARGE.
There is established hereby, as a fee for connection to
the sanitary sewer main, a charge to be computed at the rate
of $12.00 per lineal foot of property adjacent to and served
by the sewer main, with a minimum charge of seven hundred
eighty dollars ($780.00) per lot or land parcel; provided that
no sewer utility special assessment or connection fee has been
imposed previously with respect to said land and the main
was financed with funds of the city.
B 26 9-8-92
Sec. 28.306. GENERAL PROHIBITIONS FOR WASTE DISPOS
AL IN THE SEWER.
No utility customer shall place, throw, dump, empty or
deposit into the municipal sewerage system any of the follow-
ing:
(1) Any liquid, solid or gases which may cause fire or explo-
sion either alone or in combination with other substanc-
es, or any wastestreams with a closed cup flashpoint of
less than 140OF using the methods in 40CFC 261.21.
(2) Solid or viscous substances which may cause obstruction
to the flow in the sewer or other interference with the
operation of the treatment facility;
(3) Any wastewater which has a pH less than 6.0 or higher
than 10;
(4) Any wastewater containing toxic pollutants in liquid,
solid or vapor form, in sufficient quantity, either
singly or in combination, to inhibit or interfere with
any wastewater treatment or sludge disposal process,
constitute a hazard to humans or animals, create toxic
gases, vapors or fumes that may cause acute worker
health and/or safety problems, create a toxic effect in
the receiving stream, or by "pass through" exceed any
standard set by the Iowa Department of Natural Resourc-
es or the U.S. Environmental Protection Agency.
(5) Any substance which either singly or in combination is
sufficient to create a public nuisance or hazard to life
or interferes with the possible reclamation or reuse of
the wastewater or sludges.
(6) Any trucked or hauled pollutants, except at discharge
points designated by the city when delivered by licensed
haulers.
Any violation of this section is a municipal infraction.
Sec. 28.307. INDUSTRIAL PRETREATMENT REQUIREMENTS.
All discharges of wastewater, gases, or solids which are
not similar to domestic sewage shall meet the following pre-
treatment requirements.
(1) City of Ames Non-Domestic Waste Pretreatment Program
as adopted and amended from time to time by city coun-
cil resolution.
(2) This section adopts by reference the following sections
of the General Pretreatment-Treatment Regulations for
B 27 9-8-92
Existing and New Sources of Pollution promulgated by
the United States Environmental Protection Agency, 40
Code of Federal Regulations, Chapter I, Part 403 as
published through July 1, 1989 as amended on October
17, 1989 and July 24, 1990 as the City's pretreatment
regulations. These sections included 403.2, 403.3,
403.4, 403.5, 403.6, 403.7, 403.8, 403.12, 403.15, 403.16
and 403.17.
(a) This section adopts by reference the categorical
pretreatment standards set out in 40 CFR 405-471.
(b) This section adopts by reference the testing proce-
dures for wastewater analysis set out in 40 CFR 136.
(c) This section adopts by reference sections 307(b) and
(c) and 402(b)(8) of the Federal Water/Pollution
Control Act as amended through July 1, 1990.
(3) Any industrial, commercial or other utility customer
which discharges any sewage, industrial waste or other
waste to the municipal sanitary sewer system shall comply
with all regulations or requirements of the Iowa Depart-
ment of Natural Resources and/or the U.S. Environmen-
tal Protection Agency. Where regulations have not been
set by those agencies, the Director of Water and Pollu-
tion Control shall establish pretreatment requirements to
obtain the following objectives.
(a) To prevent the introduction of pollutants which will
interfere with the treatment plant operation or
contaminate the resulting sludge;
(b) To prevent the introduction of pollutants which will
pass through the system, inadequately treated, into
the receiving waters or the atmosphere or otherwise
be incompatible with the system; and
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
(4) Any costs for pretreatment flow measuring, or monitor-
ing facilities or analytical systems or tests to meet the
pretreatment regulations shall be the responsibility of
the customer.
(5) Any cost to the city including increased operation or
maintenance expenditures or fines levied by the State or
Federal agencies which result from the discharge from
any utility customer shall be assessed to that customer.
In the event more than one utility customer is responsi-
ble, the cost shall be prorated among those responsible.
(6) No utility customer may expand their process or operation
B 28 9-8-92
if that expansion results in a discharge which exceeds
any limitation established for their discharge or results
in the discharge of some other substance which will
violate any provision of the pretreatment regulations
unless their plans for expansion are approved by the
Director of Water and Pollution Control at least 6 months
prior to the planned expansion.
(7) All users who are significant or minor non-domestic waste
contributors as defined in the Ames Non-Domestic Waste
Pretreatment Program shall have obtained a permit from
the city pursuant to said program before discharging
non-domestic waste waters. Any contributor now dis-
charging pursuant to a contract shall be issued a permit
as the contract expires.
(8) Failure to meet the standards and requirements of this
section or of section 28.306 shall be a municipal infrac-
tion punishable by a penalty of up to $1,000 for the
first and each subsequent violation, provisions of Sec.
1.9 of the Ames Municipal Code notwithstanding. Each
occurrence of prohibited discharge is a violation. The
Director of the Water and Pollution Control Department
shall enforce provisions of Sections 28.306 and 28.307.
DIVISION IV
UTILITY RETIREMENT SYSTEM
Sec. 28.401. UTILITY RETIREMENT SYSTEM ESTABLISHED.
There shall be and is hereby established a retirement
system which shall be known as the Ames Municipal Utility
Retirement System.
Sec. 28.402. DEFINITIONS.
The following words and phrases, unless a different
meaning is clearly indicated by the context, have the follow-
ing respective meanings:
(1) Beneficiary. Any person who has been designated in
writing by any employee to receive all or part of their
death benefits.
(2) Board. The board of trustees at any time acting hereun-
der.
(3) Creditable service. The period beginning on the date
upon which an employee is first employed by the utility
and ending on the date of the latest separation from
employment, excluding any prior periods of employment
for which separation benefits were withdrawn, any inter-
vening periods during which the employee was separated
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from employment following a resignation, a dismissal or a
lay-off in excess of thirty (30) days, and any period
after the employee attains mandatory retirement age, but
not including military duty and periods of disability as
herein defined. Additionally, a person who terminated
employment with the utility prior to the enactment of
provisions allowing for vesting, and then became em-
ployed by the utility again, may have credit for years of
service for the period the employee was not employed by
the utility for purposes of computing the retirement
benefit, by making a payment to the utility in such
amount as the city treasurer shall compute to be the
amount of the contributions the employee would have
made had employment with the utility not been interrupt-
ed, plus the interest that would have been earned by
the systems on said contributions based on the actual
investments made of employee contribution funds during
the relevant period.
(4) Disability. The inability of an employee to perform, due
to mental or physical injury or disease which is not
self-inflicted, or incurred in the commission of a felo-
nious act, for any period exceeding sixty (60) days, the
duties of any assigned position within any utility. An
employee is considered to be disabled only during periods
for which the board shall receive both of the following:
(a) Written certification by at least two (2) licensed
and practicing physicians approved by the board
that the employee is disabled and unable to reason-
ably perform the duties of any assigned position
within any utility.
(b) Written certification by the administrative officer
of the employee that such employee
(i) Is not separated from the employment of the
utility and
(ii) Is disabled and is consequently not entitled to
any earnings.
(5) Earnings. Salary or wages paid by the City of Ames to
an employee for personal service.
(6) Employee. A person in the non-temporary employment of
the city who regularly receives, or is expected to regu-
larly receive in excess of ten per cent (10%) of their
compensation from the utility of the city for personal
services rendered in connection with the operation,
maintenance or management of the utility; however, a
person appointed by the city council must apply in writ-
ing to the utility retirement board in order to qualify
as an employee of the utility.
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(7) Temporary employment. Temporary employment is that
employment which, at the time of entry thereon, is not
expected to continue for a period in excess of six (6)
months.
(8) Highest average earnings. The monthly average earn-
ings during the thirty-six (36) highest paid consecutive
months out of the sixty (60) months immediately preced-
ing the date of retirement, disability or death.
(9) Military duty. Military duty is service in the Armed
Forces of the United States of America or State of Iowa
during a period of declared war or national or state
emergency, provided the employee was employed by the
utility immediately prior to entry into the armed forces,
and further provided that the employee received an
honorable or general discharge from the service and
returned to employment by the utility within sixty (60)
days of the date on which the employee shall have the
right to release from the armed service.
(10) Regular interest. The board of trustees, at a meeting to
be held early in each calendar year, will determine the
interest rate for employee contributions to be computed
for the preceding fiscal year and credited to the employ-
ee accounts as of June 30 of that preceding year.
(11) Retirement income. A series of equal monthly payments
payable to a retired employee; the first payment to be
made on the last day of the month following the retire-
ment date and the last payment to be made on the last
day of the month in which death of the retired employee
occurs. Retirement income for persons already retired
may be increased by the Board of Trustees in recogni-
tion of inflationary increases in the cost of living in
such amounts and proportions as the Board of Trustees,
in the exercise of their discretion, shall deem appropri-
ate and after two (2) readings before the board. Howev-
er, if such increase in retirement income will have the
effect of increasing the amount of contribution required
from the funds of the utility, such increase in retire-
ment may be vetoed by resolution of the city council or
by refusal or failure of the city council to appropriate
the required contribution at the time the annual budget
for utility operations is prepared and approved.
(12) Utility. Utility includes and is limited to any water-
works, water pollution control plant or electric light
and power system. Employees of the solid waste recy-
cling and disposal plant shall be excluded and their
accumulated contributions refunded effective December 17,
1980.
Sec. 28.403. TRANSFERS FROM IPERS.
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Any employee eligible for participation in the utility
retirement system who wishes to change from the IPERS sys-
tem can do so only within the first thirty days after becoming
eligible.
Sec. 28.404. EMPLOYEE CONTRIBUTIONS.
Each and every employee shall contribute such same
percentage amount from each payment of earnings during the
period of current service (until the employee attains age
seventy (70) or earlier retires, and excluding periods of
military duty and disability) as shall cause the annual accu-
mulated employee contributions to equal forty-three percent of
the estimated annual cost of the system. Employee contribu-
tions shall be deducted from earnings paid to each employee
and shall be credited immediately to the retirement fund. The
contributions of each employee shall be accumulated in a
separate account and the interest credited thereon annually.
Sec. 28.405. UTILITY CONTRIBUTIONS.
The utility shall contribute fifty-seven percent of the
annually estimated cost of the system. Any shortfall in the
amounts contributed pursuant to this section and Section
28.46, and the actual annual cost shall be carried forward as
an item of cost to be considered in estimating the next year's
cost of the system.
Sec. 28.406. RIGHTS OF UTILITY TO DISCHARGE, DISCI
PLINE EMPLOYEES.
Nothing contained in this chapter shall be construed as a
limitation of the right of the utility to discipline or dis-
charge any employee with or without cause.
Sec. 28.407. BENEFITS NONALIENABLE.
Benefits payable at any time under the retirement system
shall not be subject in any manner to alienation, sale, trans-
fer, assignment, pledge, attachment, garnishment, or encum-
brance of any kind. Any attempt to alienate, sell, transfer,
assign, pledge or otherwise encumber any such benefit,
whether presently or thereafter payable shall be void. Neither
retirement income nor the retirement fund, shall in any man-
ner, be liable for or subject to the debts or liabilities of
any employee or retired employee. If an employee or retired
employee attempts to alienate, sell, transfer, assign, pledge,
or otherwise encumber their benefits under the plan, or any
part thereof, or if by reason of bankruptcy or other event,
whereby the employee benefits would devolve upon or be
transferred from the employee, the board may terminate the
employee's interest in any such benefits and direct that that
interest be held for or applied to or for the benefit of the
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employee or retired employee, spouse, children, or other
dependents, or any of them in such a manner as the board
may deem proper.
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Sec. 28.408. PAYMENT IN EVENT OF LEGAL INCOMPETENCE.
If a retired or disabled employee or beneficiary receiv-
ing benefit payments is under legal incompetence, payment
may be made, at the discretion of the board, to the employee
directly or to the employee's spouse, relative by blood or
marriage, legal representative, or to any other person who is
deemed to be reliable and agrees to use the benefit for the
maintenance and support of the retired or disabled employee.
The board is not required to see to the application of any
payment and the payee's receipt shall be the complete dis-
charge of the liability for the payments.
Sec. 28.409. OPTIONAL PAYMENT PLANS.
(1) An employee, by written application made not less than
sixty (60) days prior to retirement, may request approval
of the board of trustees for payment of benefits, in
accordance with a sound actuarial basis, under one of the
following options:
(a) A straight life annuity option whereby monthly
payments are increased on the basis of a waiver of
death benefits.
(b) A joint and survivor option whereby death benefits
are waived and monthly benefit payments are re-
duced in return for an assured monthly benefit
payment, to a designated surviving spouse, during
their life or for a specified number of payments.
(c) A variation of option (b) to provide for automatic
conversion of option (b) to option (a) as of the
date of the death of the spouse, if the spouse
should predecease the retired employee.
(d) A joint and survivor option whereby monthly bene-
fit payments are reduced in return for an assured
monthly benefit payment to a designated surviving
spouse or for a specified number of payments with
automatic conversion to normal retirement income
payments if the spouse should predecease the retired
employee.
These options shall take the form of either a 100%, 75%
or 50% joint and survivor annuity, or a ten (10) year
certain and life annuity, if said optional form of pay-
ment is determined by an actuary to be the actuarial and
value equivalent of the retirement income provided for by
Section 28.68.
(2) The City finance director shall give notice to employees
and persons on disability, when they are within six
months of normal retirement, that they should consider
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selecting or reaffirming an option under this section.
All option selections shall be in writing signed by both
the employee and the employee's spouse.
Sec. 28.410. VESTING.
(1) Vesting defined. Any employee with five (5) full and
consecutive years of creditable service is a "vested
employee". If the employment of a vested employee is
terminated prior to retirement, other than by death or
disability, said vested employee shall, upon attaining
age sixty-five (65), receive the normal retirement income
as provided for by this chapter or, if the employee so
elects and has attained the age of fifty-five (55) , the
early retirement income established by this chapter,
provided the employee does not receive, prior to the date
retirement income is to commence, a refund of accumulat-
ed contributions under any of the provisions of this
chapter.
(2) Interest on accumulated contributions. The accumulated
contributions of a terminated vested employee shall be
credited with interest annually until withdrawn from the
fund.
(3) Right to withdraw contributions. A terminated vested
employee shall have the right, prior to the commence-
ment of the employee's retirement income, to receive a
refund of the employee's accumulated contributions plus
credited, regular interest.
(4) Death benefits. In the event of a death of a terminated
vested employee prior to the commencement of any retire-
ment income and prior to withdrawal of accumulated con-
tributions, the death benefit provided for by this chap-
ter will be paid with respect to said terminated vested
employee.
(5) Cessation of rights. Any terminated vested employee
who directs the return of accumulated contributions will
have no further right to any benefits of the funds and
will not be permitted to repay the amount withdrawn to
regain entitlements, except for those employees who
terminated before vesting was provided for under the
ordinance enacted May 24, 1977, who wish to purchase
credit for service as described in subsection 28.44(3)
hereof.
Sec. 28.411. BOARD OF TRUSTEES.
The retirement system is a trust and shall be adminis-
tered by a board of trustees composed of: The city's director
of finance, two (2) city council members, one elected by the
water utility employees, one elected by the water pollution
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control employees and three (3) elected by the employees of
the electric utility as follows: one from the electric distri-
bution work center; one from the power plant; one from elec-
tric administration (which includes the City Clerk, City
Manager, inspection personnel and other non-finance adminis-
trative personnel covered by the system); and one from the
Finance Department.
Sec. 28.412. ELECTION OF TRUSTEES.
Trustees shall be nominated and elected by the employ-
ees of the utility they are to represent. Each employee shall
have a single vote. An employee receiving compensation from
two (2) or more utilities shall, for voting purposes, be
considered an employee of that utility from which the greater
part of utility compensation is received by the employee.
Sec. 28.413. TERMS OF OFFICE FOR TRUSTEES.
Terms of office for appointed members shall be for four
(4) years. The term of office for elected members shall be
three (3) years. Members may be reappointed or reelected.
Terms of office shall begin and end on the first day of April.
Appointments or elections will be made to fill vacancies for
partial terms. When the composition of the board is altered
or increased, the persons first elected to fill the new posi-
tion may serve such shorter terms as shall be determined by
the board of trustees for the purpose of producing stagger-
ing of the terms of office of the elected members of the
board.
Sec. 28.414. COMPENSATION OF TRUSTEES.
All trustees shall serve without compensation but shall
be reimbursed for any reasonable expenses or for any amount
of earnings withheld because of attendance at a board meeting.
Sec. 28.415. VOTING POWER OF TRUSTEES.
Each trustee is entitled to one vote, except ex officio
members, and at least the approval of the majority of the nine
(9) voting trustees shall be necessary for every decision or
action by the board of trustees.
Sec. 28.416. POWERS AND DUTIES OF TRUSTEES.
(1) The board of trustees may adopt such rules and actuari-
al tables, and employ such agents, physicians, accoun-
tants, actuaries or clerical assistance as it may deem
necessary. Decisions made by a majority of the nine (9)
voting trustees not inconsistent with the provisions of
this chapter shall be binding and conclusive on all
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persons. The board is entitled to rely upon the records
of the city as to the service, age or earnings of any
employee or as to any other information pertinent to any
calculation or determination under this retirement sys-
tem.
(2) The board shall invest funds of the retirement system not
currently needed for current costs in investments proper
for the funds of the city under the laws of the state,
and the board may sell any security belonging to the
retirement system.
Sec. 28.417. ERRORS IN COMPUTATION OF BENEFIT;
BOARD TO CORRECT.
Should any change or errors in records, or error in
computation of any benefit, result in any member or beneficia-
ry receiving from this retirement system more or less than
that person would have been entitled to receive had the
records or computation been correct, the board of trustees
may correct the error, and as far as practicable, adjust the
payments in such a manner that the benefit to which the
member or beneficiary was correctly entitled, shall be paid.
Sec. 28.418. AUDIT, ACTUARIAL; VALUATION OF SYSTEM
TO BE MADE.
The board shall cause the accounts of the retirement
system to be audited annually by a certified public accountant
and shall submit an annual statement to the city council as
soon after the end of each fiscal year as possible. Such
statement shall include a balance sheet showing the financial
condition of the system as of the end of the fiscal year, a
statement of receipts and disbursements during each .PA
year, a detailed statement of investments and such additional
statistics as are deemed necessary for a proper consideration
of the financial condition of the system and shall annually
prepare a report for each employee of the employee's accumu-
lated contributions and regular interest accumulated thereon.
The board did in 1969, and shall at least once in each
five (5) year period hereafter, cause to be made an actuarial
evaluation of the .pa retirement system showing the actuarial
status of the system, including the contributions required,
and shall make a report to the city council and officials.
Sec. 28.419. SOURCE OF REVENUES; USE.
All the contributions made under the provisions of the
utility retirement system, together with the income thereon,
shall constitute the funds of this system and the funds shall
be held to pay the benefits, retirement incomes and expenses
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of administration of this system and shall not be used for any
other purpose.
Sec. 28.420. TREASURER; SURETY BOND REQUIRED.
The city treasurer is the treasurer of the retirement
system and shall furnish a corporate surety bond to indemni-
fy the board of trustees for any loss which may result from
any action or failure to act on the part of the treasurer or
agents. The bond shall be in such amount as the board may
designate and all reasonable charges for the bond shall be
paid from the retirement fund.
Sec. 28.421. DEPOSITS; EXPENDITURES.
All the funds from the retirement system and securities
belonging thereto shall be deposited with the city treasurer.
All payments of the funds of the retirement system shall be
made through the city treasurer only upon orders signed by
the director of finance and only as authorized by the board of
trustees.
Sec. 28.422. DIRECTOR OF FINANCE TO FURNISH SURETY
BOND.
The director of finance shall furnish a corporate surety
bond to indemnify the board of trustees for any loss which
may result from any action or failure to act on the part of
such director of finance. The bond shall be in such amount
as the trustees may designate and all reasonable charges for
such bond shall be paid from the retirement fund.
Sec. 28.423. CONTRIBUTIONS DEDUCTED FROM
EMPLOYEE'S PAY; WITHDRAWAL OF
CONTRIBUTIONS.
Any additional contributions which may have been made
under prior ordinances, with regular interest thereon may be
withdrawn by the employees at any time, but normal contribu-
tions shall not be withdrawn from this fund except as provided
for in this chapter.
Sec. 28.424. DEBIT OF ACCOUNTS FOR BENEFITS PAID.
In the absence of a waiver of death benefits by the
exercise of an option under the provisions of section 28.44,
benefits paid to or on behalf of an employee shall be debited
equally against the employee's account and the account of the
utility until the employee's account is exhausted. Thence-
forth, any benefits payable will be charged to the utility
account.
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Sec. 28.425. RETIREMENT DATE: EARLY, NORMAL,
55/30, MANDATORY.
(1) The normal retirement date shall be the first day of the
month following the month in which an employee in ser-
vice or a disabled employee attains the age of sixty-five
(65) . There shall be no penalty or loss of benefits
whatsoever for the employee who elects to work past the
normal retirement age of sixty-five (65) .
(2) Subsection 1 hereof notwithstanding, any employee with
thirty (30) years of creditable service may elect to
retire at any time after attaining age fifty-five (55)
and receive the full normal retirement benefit. Such
retiree shall, for all purposes of the utility retirement
system be deemed to be on normal retirement.
Sec. 28.426. AMOUNT OF PAYMENT.
Each employee retired on their normal retirement date is
entitled to a monthly normal retirement income equal to one
and eight-tenths per cent (1.8%) of the employee's highest
average earnings for each year of creditable service. After
five years of such retirement the amount of said payment shall
be increased to two percent (2.0%) of the said highest average
earnings. In addition to the aforesaid normal retirement
income, a retired employee may receive such additional retire-
ment income as is, from time to time, authorized by the board
of trustees pursuant to section 28.44 (11) hereof. The 1.8
formula shall be used to figure all retirements that were made
after January 1, 1974.
Sec. 28.427. EARLY RETIREMENT DATE.
An employee is entitled to early retirement effective the
first day of any month after the employee has attained age
fifty-five (55) and completed ten (10) years of service cred-
its.
Sec. 28.428. AMOUNT OF INCOME ON EARLY RETIREMENT.
Each employee who retires or is retired on their early
retirement date shall be entitled to a monthly retirement
income determined in the same manner as the normal retire-
ment income, based upon service credits to the employee's
early retirement date, but reduced at the rate of one-quarter
per cent (1/4%) for each month the early retirement precedes
the normal retirement date.
Sec. 28.429. EFFECT OF REEMPLOYMENT ON EARLY
RETIREMENT.
If an employee receiving retirement income is reemployed
by the utility, the retirement income payments shall cease.
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Upon subsequent retirement, the employee's retirement income
shall be determined as if the employee were then first retired
based upon credited service at the time of prior retirement,
plus the credited service following reemployment.
Sec. 28.430. DISABILITY BENEFITS, ACCRUAL DATE.
Disability benefits, when approved by the board upon
written application, become payable on the day following the
day when all accrued sick leave and vacation has been used
and earnings cease to be paid. However, on a voluntary
basis a member applying for disability may save up to sixty
(60) days' vacation or sick leave during the time disability
benefits are received for a period not to exceed two (2)
years. At any time the member may elect to use that banked
vacation or sick leave in lieu of disability benefits.
Sec. 28.431. AMOUNT, DURATION OF DISABILITY
BENEFITS.
(1) Each employee incurring a disability as defined in this
chapter is entitled to a monthly disability benefit of
seventy-five (75) percent of the employee's highest
average earnings. Except as otherwise provided, the
benefit continues during the period of disability until
the day upon which the first of the following occurs:
(a) Disability ceases in accordance with the certifica-
tion of a physician approved by the board.
(b) Earnings again become payable.
(c) The employee refuses to submit to a reasonable
physical examination by any physician approved by
the board.
(d) The person dies; or, any of the following pertains:
(i) for disability which occurred before age 61,
disability benefits end at age 65 or the normal
retirement date
(ii) for disability which occurs after age 61,
disability benefits shall end after four years
or at age 70, whichever occurs first.
(2) When disability results from alcoholism, drug abuse,
mental disorder or nervous disorder, disability benefits
shall be paid for not longer than two years unless, at
the end of that two years the member is:
(a) enrolled in an alcoholism, drug abuse treatment
program approved by the utility; or
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(b) confined in a hospital or other facility qualified
to provide necessary care and treatment for alcohol-
ism, drug abuse, mental disorder or nervous disor-
der,
then the disability payment period may be extended, in
the absence of fraud or abuse, to include the time during
which the member actively participates in the treatment
program or remains confined.
See. 28.432. MANNER OF PAYMENT.
All disability benefits are payable monthly as of the end
of each calendar month during which any disability benefits
accrued, and payments for fractional parts of a month shall be
determined by prorating the monthly benefit for the total
number of days in the month during which benefits are pay-
able.
Sec. 28.433. REDUCED IF RECEIVING OTHER
COMPENSATION.
Notwithstanding any provisions to the contrary, if any
employee receives, or is entitled to receive, any compensation
under and by virtue of the Workmen's Compensation Act, the
disability payments due under this system shall be reduced
by the amount due under the Workmen's Compensation Act.
Sec. 28.434. DEATH BENEFITS, DATE TO BEGIN.
As of the date of death of any employee in service or of
any disabled or retired employee, the beneficiary is entitled
to the death benefit as herein provided.
Sec. 28.435. AMOUNT OF DEATH BENEFIT.
The amount of the death benefit shall be:
(1) Upon the death of an employee in service who has nei-
ther a surviving spouse or unmarried children under the
age of 18, an amount equal to the sum of the deceased
employee's accumulated contributions and regular interest
accumulated thereon.
(2) Upon the death of an employee in service who is sur-
vived by a spouse or by unmarried children under the
age of 18, an amount as follows:
(a) To the surviving spouse, an annuity payable in
monthly installments, equal to: 60% x years of
service x 1.8% x highest average earnings; but,
not less than the smaller of 60% x 40% x highest
average earnings or 60% x years of service to age 60
x 1.8% x highest average earnings.
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(b) For each unmarried child under age 18, an annual
amount equal to:
(i) If the deceased employee is survived by a
spouse, the least of:
a. 60% x highest average earnings divided
by the number of eligible children;
b. $2,700 divided by the number of eligible
children; or,
C. $900.
(ii) If the deceased employee is not survived by a
spouse, the least of:
a. 75% of highest average earnings divided by
the number of eligible children;
b. $3,230 divided by the number of eligible
children; or,
c. $1,080.
(3) Upon the death of a terminated vested employee, accumu-
lated contributions of the employee plus credited, regu-
lar interest.
(4) Upon the death of an employee receiving disability bene-
fits, the same death benefit as for one who dies while
still in service. The spousal benefit with respect to
such person shall be based on the salary earned and the
length of service prior to disability."
(5) On the death of a retired employee, other than one who
waived death benefits by the exercise of an option under
provisions of Section 28.51, any amount remaining in the
employee's account.
Sec. 28.436. MANNER OF PAYMENT OF DEATH BENEFIT.
Except for the surviving spouse annuity under Sec.
28.78(2) , which shall be paid in monthly installments, death
benefits shall be paid in a single cash sum, unless the em-
ployee prior to death shall have designated that the death
benefit shall be paid to the employee's beneficiary in monthly
installments of not less than twenty dollars ($20.00) per
month, as soon as practicable after receipt and approval by
the board of a certified copy of the death certificate.
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Sec. 28.437. ACCUMULATED CONTRIBUTIONS, WHEN
PAYABLE.
Upon termination of employment by resignation or dismiss-
al the employee shall be paid the amount of the employee's
accumulated contributions, except that any such employee may
elect not to withdraw such accumulated contributions as were
made prior to February 1, 1964.
Payment shall be made in a single cash sum as soon as
practicable after receipt by the director of finance of a
written notice from the employee's administrative officer that
the employee has been separated from employment.
DIVISION V
UTILITIES GENERALLY
Sec. 28.501. UNAUTHORIZED ALTERATION OF LINES AND
METERS, BYPASSING.
It is unlawful for any person to interfere with, tamper
with, alter or bypass any electric, water or gas meter in-
stalled for any .pa utility in the city; or interfere with,
tamper with or alter any lines, pipes or conduits installed by
any utility in the City, without the express or implied au-
thorization of such utility.
See. 28.502. RESODDING.
(1) Any municipal or public utility excavating across a
grassed, sodded or turfed street parking, or an estab-
lished lawn, or through or across a grassed, sodded or
turfed area of a public or private park shall resod
rather than reseed the disturbed area.
(2) A property owner excavating or causing excavation in
the lawn or the parking of a neighboring residence in a
developed residential area, for the purpose of installing
or repairing a utility line within a public easement,
shall resod the disturbed area.
(3) Upon complaint of failure of the responsible party to
resod a disturbed area as required herein, and after ten
days notice and opportunity for hearing before the city
manager, the city shall do the resodding and assess the
costs to the responsible party.
Sec. 28.503. MUNICIPAL UTILITY SERVICE CONNECTIONS
OUTSIDE CITY.
(1) No person shall make an initial service connection to any
municipal utility for any building or property outside
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the corporate limits of the city without the express
written authorization of the Ames City Manager.
(2) The city manager shall authorize such connections only in
accordance with the laws of the State of Iowa and the
regulations of
the Iowa Commerce Commission. The city
manager may require any reasonable special condition for
such connection deemed necessary to insure compliance
with the policies, procedures and development plans of
the municipal utilities.
(3) No initial sewer service connections shall be allowed
into the Skunk River Valley Interceptor, trunk sewers
or Site 5 treatment plant from structures located in the
flood plain of the Skunk River south of U.S. Highway 30.
VI
WATER RATIONING
Sec. 28.601. WATER SHORTAGES OCCUR.
From time to time, during and following drought condi-
tions the acquifers which supply the water to the Ames Munic-
ipal Water Utility may become significantly and seriously
depleted so that there will not then be sufficient supply of
water to meet all customary and usual demand indefinitely.
Under those conditions the City Council may find, and de-
clare by resolution, a public emergency water shortage dur-
ing which time the following measures and provisions shall be
in effect to produce an orderly and equitable curtailment of
water consumption until, by resolution, the Council finds and
declares the water shortage emergency to be ended.
Sec. 28.602. BASE ALLOCATION.
The Base Allocation of water for each customer of the
Ames Water Utility shall be 400 cubic feet per billing period.
Sec. 28.603. APPEAL AND ADJUSTMENT OF THE BASE
ALLOCATION.
Any customer may file an appeal with the City Manager
to adjust the Base Allocation amount. The City Manager may
grant an adjustment to the Appellant based on the following
criteria.
(1) For single-family residential use, the Base Allocation
may be increased to 200 cubic feet per person per billing
period for all individuals residing at the Appellant's
residence for a period of more than 30 days.
(2) For commercial, industrial, institutional, or other
residential use, the Base Allocation may be increased
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based on factors appropriate to the individu
al customer
such as, the average of the water billed during the
previous winter (November through April) , production,
service, occupancy data provided by the customer.
Sec. 28.604. PREMIUM RATE FOR INAUSTERE
CONSUMPTION.
In addition to the water rates duly enacted by the Ames
City Council, all customers shall pay a premium rate of 7.5
cents per cubic foot of water consumed in excess of the Base
Allocation established in Sections 28.85 and 28.86 above.
Sec. 28.605. ADJUSTMENT OF PREMIUM RATE CHARGES.
Any customer may file for adjustment of the premium
rate charges for inaustere water consumption with the City
Manager. The City Manager may grant an adjustment of the
premium rate charges in accordance with the following crite-
ria.
(1) The cause of the high consumption shall be mechanical in
nature (such as broken or leaky pipes or fixtures) rather
than human carelessness.
(2) The customer shall furnish proof that the mechanical
failure was repaired promptly. This should be in the
form of a licensed plumber's invoice or statement or a
materials receipt.
(3) The adjustment shall be granted only for the billing
period prior to the correction of the failure.
(4) For those accounts granted an adjustment of the premium
rate charges, the minimum adjusted rate shall be $5.00.
Sec. 28.606. PROHIBITED AND RESTRICTED WATER USES.
No person shall use potable processed water of the Ames
municipal utility in any manner contrary to the following:
(1) No outdoor watering or irrigation of lawn in any way
whatsoever.
(2) No outdoor watering of any kind between the hours of
10:00 a.m. to 6:00 p.m. daily.
(3) Watering or irrigation of flower and vegetable gardens,
trees and shrubs less than 4 years old, and new seeding
or sod is permitted once per week with an application not
to exceed 1 inch.
(4) No car washing is allowed except at commercial establish-
ments which provide that service.
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(5) No water shall be used to fill private swimming pools,
children's wading pools, reflecting pools, or any other
outdoor pool or pond of any kind or description whatso-
ever.
However, water reclaimed or recycled after some other
primary use, such as water that has been used for washing
or cooling, may be used without restriction. Additionally,
water derived from sources other than the Ames Municipal
Water Utility, such as water condensed from the atmosphere
by air conditioners or collected from such rain or snow may be
used without restriction.
Sec. 28.607. REDUCTION IN FLOW OF WATER TO ANY
CUSTOMER.
The City Manager is authorized, after giving notice and
opportunity for hearing, to reduce the flow of water to any
customer determined to be using water in any manner not in
accordance with this ordinance.
Sec. 28.608. PENALTIES.
Any person who, in making application to the City Manag-
er for adjustment of the Base Allocation or Premium Charges,
intentionally provides false or incorrect statements or infor-
mation shall automatically have their requests denied and
shall additionally be liable to a penalty of $25.00 for the
first offense and a penalty of $100.00 for the next and each
succeeding or additional violation.
DIVISION VII
ELECTRIC UTILITY OPERATIONS REVIEW
AND ADVISORY BOARD
Sec. 28.701. ELECTRIC UTILITY OPERATIONS REVIEW AND
ADVISORY BOARD ESTABLISHED.
(1) There is hereby established the Electric Utility Opera-
tions Review Advisory Board to be composed of five
persons each qualified by demonstrated expertise or
experience in generation, distribution, finance or mar-
keting of electrical energy and appointed by the Mayor
with the consent of the City Council to initial terms of
one, two, three, four and five years and thereafter to
five year terms beginning April 1 of the fiscal year
appointed, for the purpose of investigating and review-
ing, on a continuing basis, all aspects of the operations
of the Ames Municipal Electric Utility, including any and
all practices, plans or proposals pertaining to genera-
tion, distribution and marketing, finance, and accounting
so as to provide advice and proposals to the City Council
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t
on matters as aforesaid at such times and in such fre-
quency as the Board deems appropriate, or in response
to requests from the City Council.
(2) The city staff shall provide services or information as
the Board shall require by notice to the City Manager.
(3) No person shall be appointed to more than one full five
year term and no person appointed to a term of less
than five years, or to fill a vacancy in an unexpired
term shall be reappointed to a full five year term if
doing so will result in more than seven (7) years of
service on the board. Except the initial appointees may
be reappointed to one or more terms if doing so will not
result in more than fifteen (15) years of service on the
board.
(4) The Board shall elect its presiding officer.
DIVISION VIII.
PENALTY
Sec. 28.801. PENALTY.
Any person, corporation or other legal entity who violates or
resists the enforcement of any of the provisions of this
ordinance commits a municipal infraction punishable by a civil
penalty of thirty dollars ($30) for the initial offense, one
hundred dollars ($100) for the second offense, and two hun-
dred dollars ($200) for each repeat offense. Each day that a
municipal infraction occurs constitutes a separate offense.
Any person, corporation or other entity who violates this
ordinance after having previously been found guilty of violat-
ing the same ordinance provision at the same location or at a
different location shall be considered to have committed a
repeat offense. Seeking a civil penalty as authorized in this
section does not preclude the city from seeking alternative
relief, including an order for abatement or injunctive re-
lief."
Section Three. All ordinances or parts of ordinances in conflict here-
with are hereby repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect April 1,
1993, from and after its passage and publication as required by law.
Passed this 24th day of September 1992.
Jill Ripperger, Arbting City Clerk Larry R. Curtis, ayor
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