(A) Only buildings that are used for commercial purposes are eligible to use the city's water mains as a heating and cooling source.
(B) There shall be no connections to the city water main for heating or cooling purposes without first obtaining permission from the City Council. All plans for connecting to the city water mains for heating and cooling have to be shown to the City Council and approved.
(C) The water user shall be held liable for any contamination or damage to the city's water sources and mains arising from the use of a heating or cooling system using the city's water mains.
(D) The water user shall remit to the city a fee of $.08 per square foot per year for the use of the city's water mains.
(Prior Code, § 13.04.120) (Ord. 100, passed 6-1-1992)
(E) Any commercial entity owning a building that obtains approval for the use of the city's water mains as a heating and cooling source shall execute a hold harmless agreement that shall be binding upon the owner and any successors, heirs, administrators, or assignees. The hold harmless agreement shall state that the owner of the commercial building shall be solely responsible and totally liable for any contamination or damage to the city's water sources and mains arising from the use of the heating and cooling system.
(F) The commercial use entity owning a building who obtains approval for the use of the city's water mains as a heating and cooling system shall insure the quality of the water returning to the city's main by doing the following:
(1) Install taps on the influent and effluent lines of the heating and cooling system, the purpose of the taps shall be for the taking of water samples before the water has been discharged into the city's mains.
(2) The expense and costs involved in placing, installing, and maintaining the taps described shall be borne by the commercial entity owning the building using the city's water main for heating and cooling purposes.
(3) (a) Any commercial entity owning a building that uses the city's water main for heating or cooling purposes agrees to install the above mentioned taps and hereby consents to city inspectors obtaining water samples, both influent and effluent, from each building site for testing as follows:
1. Total Coliform monthly;
2. Lead 3 times per year (June, July, August);
3. Copper 3 times per year (June, July, August); and
4. Volatile organic chemicals (VOC) annually.
(b) The city shall take a sample of the water from the influent and effluent taps as set above and send the same to an appropriate laboratory for analysis to determine if there are any contaminates in the water caused by circulation through the heating and cooling system. Additionally, the laboratory costs for analyzing the water samples for contaminates as described above, shall be borne by the commercial entity owning the building that is using the city's water main for heating and cooling.
(4) The city shall take any other samples of the water from the influent and effluent taps as they deem necessary to insure the quality of the drinking water. The cost of these tests shall be at the expense of the city.
(G) If any contaminates or damage to the city's water sources or mains arises from the use of the heating or cooling systems, the city may disconnect the city's water mains from the cooling and heating system and prohibit further use by the commercial building of the water mains for heating and cooling.
(H) The provisions of this section shall apply to all users of the city's water main for heating and cooling, including those users connected to the city's water main for heating and cooling purposes prior to the adoption of this section.
(I) Any commercial entity that obtains permission from the city to use the water main for heating or cooling purposes agrees to hold the city harmless from any injuries, damages, or interruptions of business that might occur if it is necessary for the city to shut-off the water service to the commercial building for purposes of maintenance or repair upon water lines.
(J) Any commercial entity that uses the city's water main for heating and cooling purposes and does not comply with the above regulations for testing shall be in violation and as such, shall be guilty of a Class II misdemeanor each day such violation is committed, or permitted to continue, and shall constitute a separate offense and shall be punishable with a $100 fine for each day.
(K) The use of the city's water main for heating and cooling purposes shall be available to all commercial building users until the city's water main cannot support such a use.
(Ord. 190, passed 3-20-2006)