SECTION 1: Purpose. The purpose of this ordinance is to regulate and restrict potential sources of contamination within 200 feet of public water wells in the City of, Wyoming Iowa, as required by Iowa Administrative Code Section 567-43.3(7)(455B).

SECTION 2. Regulation. No structure or facility of the type enumerated in Iowa Administrative Code Section 567-43.3(7)(455B) shall be constructed, located or maintained within the distances set forth in Table A from the public water well in the City of Wyoming, Iowa. A copy of Table A as contained in the current Iowa Administrative Code is attached to this ordinance and incorporated by reference herein.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 4. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

SECTION 5. Effective date. This ordinance shall be in effect after its final passage, approval and publication as provided by law.

PASSED AND APPROVED THIS 11th DAY OF August, 2008.

ORDINANCE NO. 338

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WYOMING, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO DELINQUENT UTILITY ACCOUNTS

Be It Enacted by the City Council of the City of Wyoming, Iowa:

SECTION 1. SUBSECTION MODIFIED. Subsection 92.05(1) of the Code of Ordinances of the City of Wyoming, Iowa, 2002, is repealed and the following adopted in lieu thereof:

1. Notice. The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency. Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance.

SECTION 2. SECTION MODIFIED. Section 92.07 of the Code of Ordinances of the City of Wyoming, Iowa, 2002, is repealed and the following adopted in lieu thereof:

92.07 LIEN EXEMPTION. The lien for nonpayment shall not apply to a residential rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges. The City may require a deposit not exceeding the usual cost of ninety (90) days of water service be paid to the City. The landlord's written notice shall contain the name of the tenant responsible for charges, the address of the rental property and the date of occupancy. A change in tenant shall require a new written notice to be given to the City within thirty (30) business days of the change in tenant. When the tenant moves from the rental property, the City shall refund the deposit if the water service charges are paid in full. A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within ten (l0) business days of the completion of the change of ownership.

The lien exemption does not apply to delinquent charges for repairs to a water service.

(Code of Iowa, Sec. 384.84)

SECTION 3. SECTION MODIFIED. Section 92.08 of the Code of Ordinances of the City of Wyoming, Iowa, 2002, is repealed and the following adopted in lieu thereof:

92.08 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred. If the customer is a tenant and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer.

(Code of Iowa, Sec. 384.84)

SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by the Council on the 10th day of November, 2008 and approved this 10^th day November, 2008.

Steve Heiken, Mayor Attest: Sheri Tjaden, City Clerk