§ 52.03 CITY WATER MAINS AS A HEATING AND COOLING SOURCE.
   (A)   Only buildings owned by governmental units are eligible to use the city’s water main as a heating and cooling source.
   (B)   No connections of any governmental building shall be made to the city’s water main for heating or cooling purposes without the governmental unit owning the building and first obtaining permission from the Council. In seeking permission, the governmental unit owning the building shall file with the City Finance Officer all plans for connecting to the water mains for heating and cooling, and said plans shall be specifically approved by the Council.
   (C)   Any government entity owning a building that obtains approval from the Council to connect to the city water mains for heating and cooling purposes shall pay to the city a fee of $0.04 per square foot per year, of the area heated by the system using the city’s water mains as a heating and cooling source. The usage payments shall be divided into 12 equal payments and shall be payable monthly. Delinquent payments shall be collected in the same manner as other delinquent utility payments and shall be subject to the same rate of interest.
   (D)   The one commercial business presently using the city’s water mains for a heating and cooling source shall pay to the city a fee of $0.08 per square foot per year of the area heated by the system using the city’s water mains as a heating and cooling source. The usage payments shall be divided into 12 equal payments and shall be payable monthly. Delinquent payments shall be collected in the same manner as other delinquent utility payments and shall be subject to the same rate of interest.
   (E)   Any government 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 governmental 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. Further, there is presently one commercial business using the city’s water mains as a heating and cooling source and said business is grandfathered in and the hold harmless agreement herein applies to said business.
   (F)   The governmental entity owning a building who obtains approval for the use of the city’s water mains as a heating and cooling system shall ensure 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 born by the governmental entity owning the building using the city’s water main for heating or cooling purposes;
      (3)   (a)   Any government 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:
 
Copper/lead
As determined by the Superintendent
Synthetic organic chemicals (SOC)
As determined by the Superintendent
Total coliform
Monthly
Volatile organic chemicals (VOC)
As determined by the Superintendent
 
         (b)   The city shall take a sample of the water from the influent and effluent taps as set out 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 born by the governmental 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 it deems necessary to ensure the quality of the drinking water. The cost of these tests shall be at the expense of the city.
   (G)   If any contamination or damage to the city’s water sources of 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 governmental 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 government 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 governmental building for purposes of maintenance or repair upon water lines.
(Prior Code, § 4.03.03) (Ord. 677, passed - -; Ord. 731, passed - -)