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HomeMy WebLinkAbout~Master - Adopting New Utility Code (see A2 for complete copy) 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 (h) 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 B 2 9-8-92 (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. (ii) 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, B 3 9-8-92 (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. (h) 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. B 4 9-8-92 (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: B 5 9-8-92 (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 a lagging. If the power factor is less than 85% lagging, the billing demand may be increased by 12% for each whole 1 o the power factor is below 85 0. (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. B 6 9-8-92 (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) 1-1/20 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 1-1/2a 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 0 of the rated capacity in Kw of the apparatus which causes such fluctuations. Sec. 28.106. INDUSTRIAL RATE. (1) Availability: Provisions of See. 28.5 notwithstanding, electrical energy and service shall be available at the B 7 9-8-92 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 B 8 9-8-92 (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 B 9 9-8-92 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 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 B 10 9-8-92 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 B 11 9-8-92 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- B 12 9-8-92 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. B 13 9-8-92 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 B 14 9-8-92 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-W' 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 B 17 9-8-92 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-NI (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/1 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/1 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/1 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 B 29 9-8-92 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. B 30 9-8-92 (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. B 31 9-8-92 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 B 32 9-8-92 employee or retired employee, spouse, children, or other dependents, or any of them in such a manner as the board may deem proper. B 33 9-8-92 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 B 34 9-8-92 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 B 35 9-8-92 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 B 36 9-8-92 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 B 37 9-8-92 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. B 38 9-8-92 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. B 39 9-8-92 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 B 40 9-8-92 (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. Sec. 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. B 41 9-8-92 (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 o 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. B 42 9-8-92 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. Sec. 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 B 43 9-8-92 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 B 44 9-8-92 based on factors appropriate to the individual 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. B 45 9-8-92 (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 B 46 9-8-92 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, ting City Clerk Larry R./Curtis, Mayor 0154 B 47 9-8-92