Chapter 13.08 Sanitary Sewer System-Private Connections Sections

13.08.010 Purpose

13.08.020 Definitions

13.08.030 Administrative authority-application of provisions

13.08.040 Mandatory connections

13.08.050 Permit-requirement

13.08.060 Special connection charge

13.08.070 Separate connections

13.08.080 Pipe and foundation

13.08.090 Grade

13.08.100 Excavations

13.08.110 Connection procedure

13.08.120 Unlawful discharges

13.08.130 Inspection

13.08.010 Purpose . The purpose of this chapter is to establish the procedure and regulations to be followed in making private connections to the public sanitary sewers of this city in order to protect the public health, safety and welfare.

13.08.020 Definitions . For use in this chapter the following terms are defined:

A. "Person" means any person, partnership, corporation or other association.

B. "Private sewer" shall mean a sanitary building drain and sewer privately owned and not directly controlled by the city. The sewer line which runs from a house or building to a point under the middle of the adjacent city street is not directly controlled by the city.

C. "Public sewer" shall mean a common sanitary sewer directly controlled by public authority. Sewer mains under and running parallel with the middle of city streets are directly controlled by the city.

D. "Sanitary sewer" shall mean a pipe that carries sewage and excludes stormwater, surface water and groundwater.

E. "Sewage" shall mean a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

13.08.030 Administrative authority-application of provisions . The superintendent of public works and utilities shall supervise the installations of private sewers and their connections with public sewers in this city and enforce all regulations pertaining thereto in accordance with this chapter. This chapter shall apply to all replacements of existing sewers as well as to new sewers. The superintendent may make such regulations as are necessary and that do not conflict with this chapter.

13.08.040 Mandatory connections . The owners of any houses, buildings, or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sewer, are hereby required to install at such owner's expense suitable toilet facilities therein and a building sewer connecting such facilities directly with the proper public sewer, and to maintain the same all in accordance with the provisions of this chapter. Connection to the public sewer is to be completed within thirty (30) days after the date of official notice from the city to do so. The owner shall bear the entire expense of connecting to the proper public sewer when the sanitary sewer is located within 200 feet of the property line of such owner and is of such design as to receive and convey by gravity such sewage as may be conveyed to it. (Code of Iowa, 1991, Sec. 364.12(3)(f))

13.08.050 Permit-requirement . No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

13.08.060 Special connection charge . If the property to be connected to a public sewer has not been assessed for any part of the cost of construction of the public sewers or has been assessed only as an unimproved lot, the owner shall pay a special connection charge to the city for the use of the public sewers before the permit is issued. The amount of this fee shall be an equitable portion of the cost of the public sewers in relation to the benefits received by the property and shall be determined by the superintendent, subject to approval, modification or revocation by the city council at its next regular meeting.

13.08.070 Separate connections . After the effective date of this chapter, in no case shall a joint sewer be allowed where the property abuts on a street, alley or easement in which there is a public sewer. Other buildings in adjacent areas which are required to be connected shall be separately and independently connected to the public sewers unless the city council in a duly adopted resolution specifically permits joint connections in accordance with plans approved by the council.

13.08.080 Pipe and foundation . Building sewer pipes shall be of the best quality, free from flaws, splits or breaks. They shall be laid on a smooth bottom with bell holes cut in the bottom of the trench so that the length between the bells has a perfect bearing on the ground. Joints between the bell and the spigot shall be watertight, gastight and rootproof. All sewer pipes must be laid in such a manner as to prevent rupture by settlement or freezing.

13.08.090 Grade . All sewer pipes shall be laid with a uniform grade from the building to the public sewer and no offsetting will be allowed without written permission of the superintendent.

13.08.100 Excavations . Excavations to do work under this chapter shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter. All such excavations shall have proper barricades at all times and warning lights placed from one-half hour before sunset to one-half hour after sunrise. In refilling the excavation, the earth must be laid in layers and each layer tamped thoroughly to prevent settlement. This work and any street, sidewalk, pavement or other public property that is affected must be restored to as good a condition it was previous to the excavation. The plumber must maintain the affected area in good repair to the satisfaction of the city council for three months after refilling. No excavation shall be made within six feet of any laid pipe while the ground is frozen and no water or sewer pipe shall be exposed to frost, except by special written permission of the superintendent.

13.08.110 Connecting procedure . Any connection with a public sewer must be made under the direct supervision of the superintendent or his authorized assistant. The connection shall be made at the property line with that part of the sewer already extending to the property line. If there is no sewer connection extending from the public sewer to the property line, the superintendent shall supervise a measurement for the location of the "Y" branch in the public sewer. Excavations shall be made at the point designated by the superintendent and if no "Y" branch is found there, then the plumber shall connect directly with the public sewer at that point but only with an approved saddle, and no broken or cut pipe material shall be permitted to remain in the sewer. The superintendent may give permission in writing to a property owner to make a connection at other points if the property owner has shown good reason for the change.

13.08.120 Unlawful discharges . No owner or occupant of any building shall discharge or permit to be discharged into the sanitary sewers any substance which will clog the pipes or joints or interfere unduly with the sewage disposal process.

13.08.130 Inspection . All private sewers and their connections with the public sewers must be inspected and approved by the superintendent before they are covered.

Chapter 13.16 Water System-Connections and Services Sections

13.16.010 Purpose

13.16.020 Superintendent's authority-application of provisions

13.16.030 Mandatory connections

13.16.040 Water supply pipe from main to property line

13.16.050 Water supply control

13.16.060 Water supply pipe from property line to house or building

13.16.070 Water meter

13.16.080 Maintenance of water supply pipe

13.16.090 Connection procedure

13.16.100 Excavations

13.16.110 Inspection and approval

13.16.120 Completion by the city

13.16.130 Shutting off water supply

13.16.140 Disposition of fees and charges

13.16.150 Connection and/or disconnection charge

13.16.010 Purpose . The purposes of this chapter are to prescribe the procedure to be followed in making private connections with the municipal water system and to establish regulations governing the connections and services therefrom.

13.16.020 Superintendent's authority-application of provisions . The superintendent of public works and utilities shall supervise the installation of water service pipes and their connections to the water main and enforce all regulations pertaining to water services in this city in accordance with this chapter. This chapter shall apply to all replacements of existing service pipes as well as to new ones. The superintendent shall make such rules, not in conflict with the provisions of this chapter, as needed for the detailed operation of the waterworks, subject to the approval of the council. In the event of an emergency, he may make temporary rules for the protection of the system until due consideration by the council may be had.

13.16.030 Mandatory connections . All residences and business establishments within the city limits intended or used for human habitation, occupancy or use shall be connected to the public water supply if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.

13.16.040 Water supply pipe from main to property line The city shall install each water supply pipe from the main to a point directly under the property line. The customer shall be billed by the city for the cost of installation from the point under the middle of the street to the point directly under the property line and for the cost of the pipe.

13.16.050 Water supply control . The city when installing the water supply pipe shall install a main shut-off valve of the inverted key type on the water service pipe near the curb with a suitable lock of a pattern approved by the superintendent. The shut-off valve shall be covered with a heavy metal cover. The customer shall be billed by the city for the cost of the valve and its installation.

13.16.060 Water supply pipe from property line to house or building

A. The customer shall be responsible for the purchase and installation of the water supply pipe from the point directly under the property line to house or building.

B. The customer shall also be responsible for the installation of a shut-off valve and wastelock on every service pipe inside the building near the entrance of the water service pipe into the building. This must be located so that the water can be shut off conveniently and the pipes drained. Where one service pipe is installed to supply more than one customer, there shall be separate shut-off valves inside the building for each customer so that service to one customer can be shut off without interfering with service to the others.

C. The customer shall be responsible for the purchase and installation of the water supply pipe from the point directly under the property line to house or building. The water supply pipe under this section shall be three-quarter (3/4) inch K copper pipe only.

13.16.070 Water meter . The customer shall purchase and install a water meter that measure in U.S. gallons. The city shall supply these meters to its customers at cost.

13.16.080 Maintenance of water supply pipe . The customer shall be responsible for the maintenance of the water supply pipe from a point under the middle of the street to the house or dwelling. This maintenance shall include replacement if the condition of the water supply pipe so requires.

13.16.090 Connection procedure . Any connection with the municipal water system must be made under the direct supervision of the superintendent or his authorized assistant. All taps in the water main must be at least 12 inches apart and on the side and near the top, and not in any case within 18 inches of the

13.16.100 Excavations . Excavations to do work under this chapter shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter. All such excavations shall have proper barricades at all times and warning lights placed from one-half hour before sunset to one-half hour after sunrise. In refilling the excavation, the earth must be laid in layers, and each layer tamped thoroughly to prevent settlement, and this work and any street, sidewalk, pavement or other public property that is affected must be restored to as good a condition as it was previous to the excavation. The plumber must maintain the affected area in good repair to the satisfaction of the city council for three months after refilling. All water service pipes must be laid so as to prevent rupture by settlement orfreezing. No excavation shall be made within six feet of any laid water or sewer pipe while the ground is frozen, and no water or sewer pipe shall be exposed to frost, except by special written permission of the superintendent.

13.16.110 Inspection and approval . All water service pipes and their connections to the municipal water system must be inspected and approved by the superintendent before they are covered. If he refuses to approve the work, the plumber or owner must proceed immediately to correct the work so that it will meet with his approval. Every person who uses or intends to use the municipal water system shall permit the superintendent or his authorized assistants to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority.

13.16.120 Completion by the city . Should any excavation be left open or partly refilled for 24 hours after the water service pipe is installed and connected with the municipal water system or should the work be improperly done, the superintendent shall have the right to finish or correct the work and the council shall assess the costs to the property owner.

13.16.130 Shutting off water supply . After giving reasonable notice, the superintendent may shut off the supply of water to any customer because of any substantial violation of this chapter or valid regulation under Section

13.16.020 that is not being contested in good faith. The supply shall not be turned on again until all violations have been corrected and the superintendent has ordered the water to be turned on.

13.16.140 Disposition of fees and charges . All money received under this chapter shall be deposited in the city treasury not later than the last day of the month in which it was received, and a written report of the amount and sources of the fees and charges shall be filed with the clerk.

13.16.150 Connection and/or disconnection charge

A. The customer shall be billed $5.00 for each requested water service connection and/or disconnection. This fee is meant to cover the costs incurred by the city in making the connection and/or disconnection.

B. This section shall not apply to circumstances in which an emergency situation exists, such as cases where a disconnection must be made due to fire or storm. This section shall also not apply to initial connections or to permanent discontinued service requests.

Chapter 13.24 Water Conservation

Sections

13.24.010 Water shortages

13.24.020 Conditions

13.24.030 Water watch

13.24.040 Water warning

13.24.050 Penalties

13.24.060 Water emergency

13.24.070 Base allocation

13.24.080 Appeal and adjustment of base allocation

13.24.090 Premium rate for imprudent consumption

13.24.100 Adjustment of premium charges

13.24.110 Water appeal board

13.24.120 Municipal infraction

13.24.130 Reduction in flow of water to any person

13.24.140 Severability clause

13.24.010 Water shortages . From time to time during drought conditions or due to equipment failure, the city's water supply may become significantly and seriously depleted so that there will not then be a sufficient supply of water to meet all customary and usual demands. Under these conditions, the city council may find and declare, by resolution, a public Water Watch, Water Warning, or Water Emergency during which time the following measures and provisions shall be in effect to produce an orderly and equitable reduction of water consumption until, by resolution, the city council finds and declares the water shortage condition to be ended.

13.24.020 Conditions

A. A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a water watch include: System operating at 75% of pumping capacity; moderate decrease in the pumping water level of wells or moderate decrease in recovery rate of water level in wells; moderate decreases in reservoir levels measured in number of feet below spillway or number of feet above intake.

B. A Water Warning may be declared when a water shortage or equipment failure poses a serious threat to the ability of the water system to meet the needs of its customers currently and in the foreseeable future. Indicators of the need to impose a water warning include: System operating at 85 of pumping capacity; significant decrease in the pumping water level in wells or significant decrease in reservoir levels measured in number of feet below spillway or number of feet above intake; severe system emergencies such as a chemical spill or major system failure in feeder mains or treatment plant.

C. A Water Emergency may be declared when a water shortage or equipment failure poses a severe and immediate threat of the ability of the water system to meet the needs of its customers. Indicators of the need to impose a water emergency include: System operating at 95 of pumping capacity; serious decrease in recovery rate of water level in wells; serious decrease in reservoir levels measured in number of feet below spillway or number of feet above intake.

13.24.030 Water Watch . Under a Water Watch, all customers of the municipal water service are encouraged to limit or curtail all nonessential uses of water in order to conserve precious water resources during the time of shortage. Customers may be encouraged to comply with the following voluntary standards:

A. No watering of lawn, shrubs or gardens between the hours of 8:00 a.m. and 8:00 p.m.

B. No water should be used to fill private swimming pools, children's wading pools, reflecting pools or any other outdoor pool or pond.

C. No water should be used to wash streets, parking lots, driveways, sidewalks or building exteriors.

D. No water should be used for nonessential cleaning of commercial and industrial equipment, machinery and interior spaces.

13.24.040 Water Warning . Under a Water Warning, no person shall use potable processed water of the muni ipal water service in any manner contrary to the following:

A. All outside water use, except for domestic, sanitation, and fire is prohibited.

B. All commercial and industrial uses of water not essential in providing products or services is prohibited.

C. Irrigation of agricultural crops is prohibited.

D. Recreational and leisure water use, including lawn and golf course watering and other incidental or recreational use, is prohibited.

E. Water use not necessary for the preservation of life or the general welfare of the community is prohibited.

F. Use of water-consuming comfort air conditioning equipment which consumes in excess of 5 percent of the water circulating in such equipment is prohibited.

G. Tankload water sales may be curtailed or eliminated. 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 city water utility, such as water condensed from the atmosphere by air conditioners or collected from rain or snow, may be used without restriction.

13.24.050 Penalties . The following penalties shall apply for violations of Water Warning or Water Emergency use restrictions imposed under this ordinance:

A. For a first violation, the utility shall issue a written notice of violation to the water user violating the water use restrictions imposed during a Water Warning or Water Emergency.

B. For a second violation within a 12-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the previous month's water bill.

C. For any subsequent violation within a 12-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the previous month's water bill and in addition, the utility shall interrupt water service to that customer at the premises at which the violation occurred. Service shall not be restored until the customer has paid the reconnection fee and has provided reasonable assurance that future violations of Water Warning or Water Emergency use restrictions will not occur. Any customer charged with a violation of the Water Warning or Water Emergency use restrictions may request a hearing before the Water Appeal Board. The Water Appeal Board may conclude that a violation did not occur or that the circumstances under which the violation occurred warrant a complete or partial mitigation of the penalty.

13.24.060 Water Emergency . Under a Water Emergency, each customer will be afforded a monthly allocation of water.

13.24.070 Base allocation . The base allocation of water for residential use shall be 3,000 gallons per household per billing period. For commercial, industrial or institutional use, the base allocation shall be established by resolution as a percentage of the average water used during the previous winter (November through April).

13.24.080 Appeal and adjustment of the base allocation Any person may file an appeal with the Water Appeal Board to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the appellant based upon the following criteria:

A. For single-family residential use, the base allocation may be increased by 1,000 gallons per person per billing period for all individuals residing at the appellant's residence for a period of more than 30 days.

B. For commercial, industrial, institutional or other residential uses, the base allocation may be increased based on factors appropriate to the individual customer, such as usage, production, service and occupancy data provided by the customer.

13.24.090 Premium rate for imprudent consumption . In addition to the water rates duly enacted by the city council, all persons shall pay a premium rate of $1.00 per 100 gallons of water consumed in excess of the base allocation.

13.24.100 Adjustment of premium rate charges . Any person may apply for adjustment of the premium rate charges for imprudent water consumption with the Water Appeal Board. The Water Appeal Board may grant an adjustment of the premium rate charges in accordance with the following criteria:

A. Adjustments may be granted for over consumption due to mechanical failures such as broken or leaky pipes or fixtures but not for over consumption due to human carelessness.

B. The applicant 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.

C. The adjustment shall be granted only for the billing period prior to the correction of the failure.

D. For those accounts granted an adjustment of the premium rate charges, the minimum adjusted rate shall be 40 percent of the actual bill which shall include the premium rate charges and sales tax.

13.24.110 Water Appeal Board .

A Water Appeal Board shall be appointed during any Water Warning or Water mergency. The Water Appeal Board shall consist of the mayor, the superintendent of the water system, and three representatives of the community who shall be appointed by the mayor with the approval of the city council. The Water Appeal Board shall hear appeals of any action taken pursuant to a Water Warning or Water Emergency except that if a customer is charged with a municipal infraction relating to this ordinance, that proceeding shall be conducted pursuant to Iowa Code Section 364.22, as amended.

13.24.120 Municipal infraction . A second or subsequent violation of the Water Warning or Water Emergency use restrictions by any person within a 12-month period constitutes a municipal infraction. Any person who, in making application to the Water Appeal Board for adjustment of the base allocation or premium charges, intentionally provides false or incorrect statements or information commits a municipal infraction. 13.24.130 Reduction in flow of water to any person . The superintendent is authorized, after giving notice and opportunity for hearing before the Water Appeal Board, to reduce the flow of water to any person determined to be using water in any manner not in accordance with this chapter during a Water Warning or Water Emergency.

13.24.140 Severability clause . If any provision, section or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

Chapter 13.32 Yard Waste Control Sections

13.32.010 Definition

13.32.020 Separation and storage of yard waste

13.32.030 Collection of yard waste

13.32.010 Definition . "Yard waste" shall mean debris such as grass, grass clippings, weeds, leaves, seeds, seed pods, garden waste, brush and trees or brush or tree trimmings, branches, shrubbery or other yard trimmings but does not include tree stumps.

13.32.020 Separation and storage of yard waste . All yard waste shall be separated at its source by the owner, whether public, private, industrial, commercial, agricultural or residential, from all other forms of solid waste, garbage, refuse, rubbish, landscape waste not otherwise included in the definition of yard waste, other residential waste, or rubble, and shall be stored in containers so constructed and maintained as to prevent the dispersal of yard waste placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights of way. The council may designate by resolution the types of containers to be used.

13.32.030 Collection of yard waste . Yard waste will be collected not less frequently than once per month as set by resolution of the council provided said wastes are stored in approved containers so as to prevent the dispersal of such waste upon the premises served or upon adjacent property or public rights of way. Such collection shall occur at the curb or alley line. The weight of any individually approved container shall not exceed 75 pounds.

Chapter 13.40 Municipal Cable Television Sections

13.40.010 Purpose

13.40.020 Officers and Agent

13.40.030 Service Characteristics

13.40.040 Engineering Practices

13.40.050 Billing and Payment

13.40.060 Late Payment Penalty

13.40.070 Service Calls

13.40.080 Customer Obligations

13.40.090 Discontinuance of Service

13.40.100 Service Rates

13.40.010 Purpose . The provisions of this chapter are issued to govern the distribution and sale of cable television signal, and other related services, in the City of Primghar, Iowa. Changes may be made in these rules to insure compliance with applicable city, state, and federal laws. The cable television and other related services provided for in this chapter are owned and operated by the City of Primghar, Iowa and shall be regarded as a public service utility.

13.40.020 Officers and agent . The members of the city council shall comprise the governing body over which Primghar Municipal Cable Television (hereafter PMCT) shall be managed operated, controlled, directed, and otherwise administered.

A. The city council shall reserve the right to:

1. Change or modify the rules of operation for PMCT in order to comply with applicable city, state, and federal legislation.

2. Raise monthly service rates as deemed necessary

to maintain cost effectiveness and quality of service.

B. The city clerk shall act as agent for the City of Primghar in the operation of PMCT.

13.40.030 Service characteristics . Service shall be offered to all households and commercial establishments within the corporate limits of Primghar, Iowa where cost effective and shall consist of the following:

A. Basic Services shall consist of the program offerings listed in Schedule B attached. The program offerings listed are subject to change.

B. Premium Service shall consist of all Basic Service and shall include the addition of an all movie channel, either Home Box Office or Cinemax and shall include FM antenna service.

C. Starburst Service shall consist of all Basic Service, FM antenna service, and shall include both Home Box Office and Cinemax.

D. FM antenna service.

E. Disney Channel. Charges and rates for the varied services are listed on attached Schedule A. Charges and rates for these services are subject to change.

13.40.040 Engineering practices . Facilities of PMCT shall be constructed, installed, maintained and operated in accordance with the accepted engineering practices in the cable television industry to insure, as reasonably possible, continuity of service, uniformity in the quality of service, and the safety of persons and property. PMCT shall not be held liable for interruptions of service.

A. PMCT shall adopt and comply with the applicable

provisions of the publications listed below as standards of accepted good practice:

1. 1990 Iowa Electrical Safety Code, Ch 250-25 IAC.

2. National Electric Code, NFPA 70-1981.

3. National Electric Safety Code, ANSIC 2.

4. Applicable federal or state code revisions.

B. PMCT shall regularly test the cable system to identify potential problem areas. Access to the customer's homes, during normal working hours and after reasonable notice, shall be considered a condition of service.

13.40.050 Billing and payment . Customers shall be billed on a monthly basis on or near the first day of each month. The bill will be for service provided for that following month. A bill shall become due and payable when rendered and shall be considered delinquent after the 20th calendar day of the month it is rendered. Failure to receive a bill shall not relieve the customer from the obligation to make timely payment. A. Bills shall be paid by mail, direct deposit, and by direct payment at the city clerk's office. The bill amount may be combined with the amount due the city utilities for garbage, water, gas, sewer and/or electric service or, may be paid separately.

B. Checks will be honored from all customers unless the privilege is abused. If any customer or person issues in any twelve consecutive months more than one "bad check," he or she will be placed on a "cash only" basis of payment. Persons classified as "cash only" shall be required to pay for services rendered only in cash, postal money orders, or cashier's checks. A $10.00 handling charge will be assessed for any checks returned for insufficient funds.

13.40.060 Late payment penalty . Bills not paid when due shall be deemed delinquent and a one-time late payment penalty