All users of the geothermal system shall be subject to the following terms and conditions:
A. Ownership, Use Of Water: All water within the geothermal system shall be and remain the property of the City and no user shall divert or utilize more water than is reasonably necessary, in the opinion of the City, to serve the user and no user shall physically consume, remove or deplete any water flowing within the system.
B. Substances Or Wastes In System: It shall be unlawful for any person to permit or cause the flow of any substances or wastes into the geothermal system.
C. Emergency Maintenance And Repair: The City reserves the right to cease operation of the geothermal system, or any part thereof, and cancel such services as may be provided by the system, for reasons of emergency maintenance and repair as determined by the Department of Public Works. The City shall diligently endeavor to provide the earliest and widest possible user and public notice prior to such emergency actions.
D. System Operation: The City may, by resolution of the City Council, establish regular seasonal time periods of geothermal system operation and in-operation, and provision of services to users shall be contingent on such resolutions.
E. Interruptions Or Cancellations: The City shall in no way assume any liability, direct or implied, for any user damages or injuries incurred as a result of loss of the geothermal reservoir or temperature or of service interruption or cancellation, when such loss, interruption or cancellation is due to circumstances beyond the control of the City, or due to operational actions authorized by this chapter.
F. Chemical Quality, Temperature, Pressure: The City shall in no way warrant or guarantee the chemical quality, temperature or pressure of the geothermal fluid delivered to users, nor assume any liability, direct or implied, for corrosion, scaling or similar physical degradation of user service lines or private equipment utilized beyond the meter of each user.
G. Authorized User: Geothermal service supplied to a user is for the sole use of such user and shall not be remetered or submetered for sale to others, nor shall the water be piped beyond the confines of said user's premises for use at other locations, without first obtaining written permission from the City.
H. Access: Representatives of the City shall be given access to the premises of the user at all reasonable hours for obtaining meter readings, for shutting off the flow of geothermal service for reasons prescribed in this chapter, for inspection of piping and appliances, for inspecting, removing, repairing or protecting from abuse or fraud any of the property of the City installed on the premises, and for any other purpose in the normal customary operations associated with the conduct of business activity. Access shall be granted at all times for emergency purposes. The City may refuse geothermal service, or suspend service, on refusal of legitimate access to the property. In the event of recurring inaccessibility, the City, at its option, may relocate its metering equipment at the user's expense.
I. Authorized Personnel: Except in the case of an emergency, no one other than personnel of the City shall open or close any of the City service lines or valves in any public or private line.
J. Leaks: The user shall give immediate notice to the City of leaks. All leaks in service lines from the user's meter to and through the building and back to the general vicinity of the meter shall be promptly repaired by the user. On failure to make such repairs with reasonable dispatch, the City may turn off the geothermal service and the service will not be turned on until the City has been reimbursed in full for all proper and necessary expenses incurred in shutting off and turning on the water. No adjustment of bills on account of leakage shall be made unless leakage results from fault or neglect of representatives or agents of the City. (1952 Code § 8-12-06)