Chapter 4 City Owned Utilities and Services
 

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CHAPTER 4

OWNED UTILITIES AND SERVICES

Section 4.1.01 Electricity and Water Meters Section 4.1.02 Utility Statements Section 4.1.03 Hearing and Delinquent Accounts
Section 4.1.04 Late Fees and Interest Charges Section 4.1.05 Reinstatement Section 4.1.06 Payment and Utility Bill
Section 4.1.07 Churches Outside City Limits Section 4.1.08 Obtaining a  Permit to Dig Section 4.2.01 Establishment of Authority
Section 4.2.02 Approval Section 4.2.03 Franchise Section 4.2.04 Membership Agreement
Section 4.2.05 Executor of Agreement Section 4.2.06 Adoption of Electrical Code Section 4.2.07 Electrical Deposits
Section 4.2.08 Temporary Services Section 4.2.09 Connecting or Disconnecting Section 4.2.10 Fire Zone Installations
Section 4.2.11Service Entrance Section 4.2.12 Inspectors Duties Section 4.2.13 Tie In Fee
Section 4.2.14 Establishment of Rates Section 4.3.01 Establishment of Authority Section 4.3.02 Violation of Contract
Section 4.3.03 Certain Uses Subject to Regulation Section 4.3.04 City Water Mains as a Heating and Cooling Source Section 4.3.05 Exception to Maintain Sanitation
Section 4.3.06 City Superintendent Provides Information Section 4.3.07 Discontinuation of Section 4.3.08 Watering Schedule
Section 4.3.09 Read-O-Matic Feature Section 4.3.10 Water Deposit Section 4.3.11 Water Meters
Section 4.3.12 Meter Rights Section 4.3.13 Installation of Meters Section 4.3.14 Inspection and Connection
Section 4.3.15 Access to Water Meters Section 4.3.16 Rules and Regulations  Section 4.3.17 Laying of Pipes
Section 4.3.18 Hydrants and Drinking Fountains Section 4.3.19 Water Free for Fire Purposes Section 4.3.20 Converting Pipes
Section 4.3.21 Inspection Period Section 4.3.22 Placement of Pipes Section 4.3.23 Property Not to be Tampered With
Section 4.3.24 Opening of Public Hydrants Section 4.3.25 Delegation of Authority Section 4.3.26 Excavation When Ground is
Section 4.3.27 Protection of Boilers Section 4.3.28 Water Cocks Section 4.3.29 Placement of Stop Boxes
Section 4.3.30 Stop Key Section 4.3.31 Excavation of Streets Section 4.3.32 Barricades and High Warning Lights 
Section 4.3.33 Refilling Procedure Section 4.3.34 Meter Failure Section 4.3.35 Tapping Mains
Section 4.3.36 Inspection by City Superintendent Section 4.3.37 Water Shut Off Section 4.3.38 Water Turn On
Section 4.3.39 Distance Between Water and Sewer Lines Section 4.3.40 Distance Between Meter and Hydrant Boxes Section 4.3.41 Service Repairs
Section 4.3.42 Installation of Water Service Section 4.3.43 Materials Section 4.3.44 Size
Section 4.3.45 Responsibilities Section 4.3.46 Materials Used Section 4.3.47 Country Taps
Section 4.3.48 Violation of Provisions Section 4.3.49 Water Rates Section 4.3.50 Non Profit Organization
Section 4.4.01 Unlawful Deposits Section 4.4.02 Unlawful Construction or Maintenance Section 4.4.03 Installation of Toilet Facilities
Section 4.4.04 Private Waste Water Disposals Section 4.4.05 Unauthorized Distribution Section 4.4.06 Two Classes of Building Sewer Permits
Section 4.4.07 Costs and Expenses Section 4.4.08 Separated Independent Building Sewer Section 4.4.09 Old Building Sewers
Section 4.4.10 Building and Plumbing Code Requirements Section 4.4.11 Elevation Section 4.4.12 Approval for Connection
Section 4.4.13 Connection of Building Sewer into Public Sewer Section 4.4.14 Inspection and Connection Section 4.4.15 Excavations
Section 4.4.16 Discharge of Unpolluted Waters Section 4.4.17 Storm Water Section 4.4.18 Prohibited Discharge
Section 4.4.19 Limited Discharges Section 4.4.20 Proposed Discharge Into Public Sewers Section 4.4.21 Grease, Oil, and Sand Interceptors
Section 4.4.22 Pretreatment/Flow-Equalizing Facilities Section 4.4.23 Building Sewer Carrying Industrial Waste Section 4.4.24 Compliance
Section 4.4.25 Characteristics of Water and Wastes  Section 4.4.26 Special Agreement of Arrangement Section 4.4.27 Entering Properties
Section 4.4.28 Obtaining Information Section 4.4.29 Safety Rules Section 4.4.30 Entering Private Properties
Section 4.4.31 Damage Done to Facilities Section 4.4.32 Settling of Disputes Section 4.4.33 Members of Hearing Board
Section 4.4.34 Guide Lines to Laying Sewer Lines Section 4.4.35 Tapping of Lateral or Trunk Sewer Section 4.4.36 Inspection of Service Sewer
Section 4.4.37 Cost of Construction Section 4.4.38 Separate Connection of Main Sewer Line Section 4.4.39 Angle of Tapping Main Sewer Line
Section 4.4.40 Back Water Check Valve Section 4.4.41 Violations of Provisions Section 4.4.42 Penalty
Section 4.4.43 Liable of Expenses Section 4.4.44 Establishment of Rates Section 4.4.45 Sewer Use Fees
Section 4.4.46 Sewer Taps Section 4.4.47 Request for Irrigation Exemption by Residential Customers Section 4.5.01 Establishment of Authority
Section 4.5.02 Responsibility Section 4.5.03 Billing Section 4.5.04 Containers
Section 4.5.05 Preparation of Garbage and Refuse For Collection Section 4.5.06 Waste Reduction Target Section 4.5.07 Method of Collection
Section 4.5.08 Storage of Food and Feed Section 4.5.09 Accumulation of Garbage and Refuse Section 4.5.10 Inspection by Health Officer
Section 4.5.11 Method of Disposal Section 4.5.12 Rates for Service Section 4.5.13 Mandatory Payment of Monthly Fees
Section 4.5.14 Collection Rates Section 4.5.15 Tire Dumping Section 4.6.01 Headstones and Footstones 
Section 4.6.02 Maintenance Policy Section 4.6.03 Rates Section 4.6.04 Casket Enclosure
Section 4.7.01 Establishment of Authority Section 4.7.02 Naming Section 4.7.03 Zones
Section 4.7.04 Height Limits Section 4.7.05 Use Restrictions Section 4.7.06 Nonconforming Uses 
Section 4.7.07 Variances Section 4.7.08 Permits Section 4.7.09 Owner Responsibilities
Section 4.7.10 Zoning Board of Adjustments Control Section 4.7.11 Aircraft Control Zone Section 4.7.12 Aircraft Noise Restrictions
Section 4.7.13 Airport Parking Section 4.7.14 User Permit Section 4.7.15 Receipt Fees
Section 4.7.16 Cancellation of Permit Section 4.7.17 Supervision Control Section 4.7.18 Storage of Gasoline or Other Inflammable Materials
Section 4.7.19 Right to Enter Section 4.7.20 Building Construction Section 4.7.21 Rentals from City Hangers
Section 4.7.22 City Obligations Section 4.7.23 Nonperformance and Breach Section 4.7.24 City's Rights
Section 4.7.25 Payments of Utilities Section 4.7.26 Penalty

Article 1 - Collections

Section 4.1.01                       Electricity and Water Meters

 Meters must be obtained from the City and shall measure all electricity and water supplied by the City.

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Section 4.1.02                     Utility Statements

 Statements of the amount of utilities shall be mailed by the Finance Office at the end of each month to the consumer and such bill and amount shall be deemed unpaid or delinquent by the 10th of the month if funds for said amount of statement are not received in the Finance Office on or before the 10th of the month.

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Section 4.1.03                      Hearings on Delinquent Accounts  

Payments not received by the Finance Office on or before the 10th day of each month shall be considered delinquent and subject to disconnect. And evaluation of delinquent accounts shall be done by the Finance Office and disconnect notices prepared. The customer shall be notified by the 20th day of each month with a termination notice that if the delinquent account is not paid in full by the last Monday of each month, the electrical service shall be disconnected.

Bills that remain unpaid twenty-five (25) days after the original billing date shall be subject to the following late fees or interest charges:

$5.00 - $200.00...............................Late Charges of $10.00/month
$200.00 and higher..........................2.5% interest/month on the unpaid balance

When the electric service has been disconnected, it shall not be reconnected until all back utility charges, a delinquent account fee of ten dollars ($10.00) and a reconnection fee of twenty-five dollars ($25.00) shall have been paid. The revenue generated shall be fore general fund purposes. Payment arrangements shall be allowed for accounts that have had their electric utility disconnected without the approval of the City Administrator and Finance Officer.

Appeals on disputed charges shall be addressed to the Finance Officer, by written notice, between the hours of eight a.m. to five p.m., Monday through Friday. The customer shall be given and opportunity to appeal the decision of the Finance Officer if the appeal is denied at this level. All appeals on disputed charges shall be brought before the City Council at its next regularly scheduled meeting and service shall be continued until the appeal is heard.

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Section 4.1.04                       Payment of Utility Page

 

All utility payments shall be made at the Finance Office in the Winner Municipal  Building.

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Section 4.1.05                     Reinstatement

A hook-up fee of twenty-five (25) dollars for electrical service reinstated and a hookup fee of twenty-five (25) dollars for water service reinstated shall be collected, prior to reinstatement.

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Section 4.1.06                    Payment of Utility Bill

All utility payments shall be made at the Finance Office in the Winner Municipal Building.

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Section 4.1.0                    Churches Outside City Limits

 

Any church or parsonage that is located outside of the City limits and is connected to the City Utility Service, shall pay the same rate for utilities as those rates paid by residents of the City for residential utility service.

Any church or parsonage outside of the City limits that has an outlaw tap to City Utility Services can qualify for utility rates at the residential rates of the City if said church or parsonage is owned by a church and qualifies under the Internal Revenue Service regulations as a non-profit entity.

Any church or church-owned parsonage located outside the City limits which request City Utility Rates to be billed at the same rate as residents of the City shall agree by paying the City residential rates, to sign any petitions for inclusion into the City limits which may be circulated by any person owning land who wants said land included within said City.

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Section 4.1.08                        Obtaining a Permit to Dig

After any street, avenue or alley in the City shall be paved, it shall be unlawful for any person to tear up, dig up, or open said pavement for the purpose of laying gas, water or sewer pipes, drains or tunnels or for the purpose of erecting gas or electric lights or lines or telephone lines upon or under said pavement, or for any purpose whatever, without first obtaining a permit to do so from the City Finance Officer of said City and such permit shall be granted only upon a written application and deposition with the City Auditor, the sum of twenty-five (25) dollars for each square yard, or fraction thereof, of pavement to be cut and opened up, and then such proposed excavation shall be made under the supervision of the City Superintendent, and any excavation so made shall be refilled and the pavement rebuilt and replaced in as good condition as it then was; the same to be done under the supervision of the City Superintendent and the expense there of certified to the City Finance Officer by the City Superintendent and the amount thereof deducted by the City Finance Officer from the deposit made as aforesaid, and the remainder of said deposit, if any, shall be returned by the City Finance Officer to the person making the same.

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Article 2 – Electricity

Division 1 – General Regulations

Section 4.2.01                     Establishment of Authority

An Article providing for the approval by the governing body of the City of a franchise authorizing the Winner Light and Power Company, Inc., it's successors or assigns, to occupy any of the streets or alleys of public places of the City for the purpose of operating a public utility for the production, transmission, distribution, and sale of electric light, heat, and power within the limits of the City and providing for the submission of such proposition to the electors of said City by an election thereon.  

All protection of electric motor(s) against low voltage or voltage loss on one or more phases of three-phase electric motor(s) is at the option of the customer.  The City of Winner will not be held responsible.

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Section 4.2.02                        Approval

The Council approves of a proposed franchise granting to the Winner Light and Power Company, Inc. the right to use the streets, alleys, and public places of the City in the manner and for the purpose set forth in said franchise.

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Section 4.2.03                        Franchise

A.     Terms - The right and privilege is hereby granted to the Winner Light and Power Company, Inc., it's successors and assigns, to occupy any of the streets, alleys, or public places of the City for the purpose of operating a public utility for the production, transmission, distribution and sale of electric light, heat and power within said City for a period of ten (10) years from and after the 28th day of February, 1942, provided, however, that the right herein granted shall not be exclusive.

 

B.     Erection, Maintenance, and Operation - The said Winner Light and Power Company, Inc., its successors and assigns, shall erect, maintain and operate for the said period of ten years, a complete, adequate and sufficient electric light and power plant within the limits of the City and shall erect, operate and maintain a complete, adequate and sufficient electric distribution system within the limits of said City, which shall be in all respects fully adequate to supply the demand of the City and inhabitants thereof with electricity for light, heat, and power purposes.

 

C.     Erection, Location Of Poles, Wire And Conduits - In erecting poles, stringing wires and placing conduits the Winner Light and Power Company, Inc., its successors and assigns shall conform to all reasonable regulations prescribed by the Council to prevent the injury to streets, alleys, sidewalks, and public places and to persons and property.  The conducting wires and poles on which the same are erected, must be of such material and construction as the governing body of said City shall approve and must be placed and located under the supervision of said governing body or such officer of the City as may be designated by said governing body, and shall be subject at all times to change of location, by and at the expense of the said Winner Light and Power Company, Inc., its successors and assigns, whenever the Council shall so direct.  No poles, conduits, or wires shall be set on the Main Street of said City; and where it is necessary to cross Main Street with electric wires or poles the poles for said wires shall in all cases be set at least six (6) feet from said Main Street and such poles shall be of sufficient height to carry such wire at an elevation sufficient not to interfere with the normal use of said Main Street and in no event shall such poles be less than thirty-five (35) feet in height.

 

D.     Financial Statement - The Winner Light and Power Company, Inc., its successors and assigns, shall when requested by the Council of said City, at its own cost and expense, file with the Finance Officer of the City, a full and complete financial statement of the affairs of said Company in the City which statement shall be audited and certified by a Certified Public Accountant and which statement shall disclose any and all facts pertaining to the Financial constitution of said company.

 

E.      Save City Harmless - The Winner Light and Power Company, Inc., its successors and assigns, shall be liable for all damages due to it's negligence in erecting, operating, or maintaining it's electric system within said City and shall at all times save the City harmless from any and all liability arising out of negligence of the Company.

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Section 4.2.04                        Membership Agreement

The City enters into a certain agreement for membership in the Missouri Basin Municipal Power Agency. 

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Section 4.2.05                        Executor of Agreement

The Mayor is hereby authorized and directed to execute such agreement for, on behalf of, and in the same of the City and the City Finance Officer is authorized to affix the seal thereto and attest to such agreement.

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Section 4.2.06                        Adoption of Electrical Code

The City hereby adopts as its electrical code the National Electrical Code and that the installation of any electrical wiring in the City shall be done pursuant to the National Electrical Code.

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Article 2 – Electricity

Division 2 – Requirements for Connection

Section 4.2.07                       Electrical Deposits

Providing a favorable credit reference from a previous utility supplier is received at the Finance Office within two (2) weeks of connection of service, an advance deposit of thirty (30) dollars shall be required of all electric consumers and no consumer shall be connected until the advances have been paid.

Failure to produce a favorable utility credit reference will result in immediate disconnection of service unless consumer deposits an additional one hundred (100) dollars with the Finance Office to be carried as a credit to consumers account for one year, to be returned to the consumer, providing utility payments have been received in the Finance Office by the 10th of each month for that year, or until final settlement is made.

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Section 4.2.08                        Temporary Service

Where from good and sufficient cause, it is necessary to have electricity on any installation before final inspection certificate is issued, the City may issue a temporary permit, providing that all parts to which current is applied are in a safe and satisfactory condition.  Said temporary permit shall be in effect for a period not to exceed thirty (30) days.

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Section 4.2.09                      Connecting or Disconnecting

It shall be unlawful for any electric light, heat or poser company to make any electrical connections to any building until a certificate stating that, "all electrical wiring has been approved," has been issued by the City Superintendent or his representative.

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Section 4.2.10                   Fire Zone Installations

All electrical wiring hereafter installed in or on any building located within the fire zone of the City shall be in approved conduit in conformity with the National Electrical Code.

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Section 4.2.11                        Service Entrances

All service entrances hereinafter installed in or on any building, (except those located in said fire zone) shall be installed in either approved steel conduit or approved entrance PVC pipe with the outer end equipped with an approved service head or fitting and extending, without outlet or junction box, into the service cabinet of approved steel construction, with underwriters label or approval attached thereto.  Said service cabinet shall be located inside the walls of the building, (unless said cabinet is constructed of approved weather proof material and design and permission has been granted for use of same) in the nearest accessible place to the point of where the wires enter the building, but in no case may it be located over fifteen (15) feet from the point of entrance or an exit to the building.  Service or entrance cabinet shall be so arranged that the handle of the main disconnect thereof shall not be over six and one-half (6 ˝) feet above a permanent floor.  Conduit or cable shall be secured and permanently bonded and grounded.

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Section 4.2.12                        Inspectors Duties

The inspector, or authorized representative, is hereby authorized, empowered, and directed to have general supervision over all electrical wiring now in existence or to be placed in service in the future.  The inspector is directed to inspect and determine the condition of wiring located in or on any building within the City.  The inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to enforcement of this Article or the regulations set forth there under.  It shall be the duty of the occupants or persons in charge thereof, or the owners of any property to give the inspector or his representative free access to such premises at reasonable times for the purpose of inspection.  Whenever any electrical wiring or other electrical apparatus becomes unsafe or in a defective insecure condition the said inspector or his representative shall notify the owner or occupant to repair or remove the defective wiring or apparatus within twenty-four (24) hours, or within such time as the inspector may deem necessary, if correction is not made within the allotted time then the inspector or department shall cause all services to be discontinued until such time that inspection shows that correction has been made.

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Section 4.2.13                        Tie In Fee

Tie In Fee...... $300.00

Fee to include primary line.  All Additional secondary material and labor is the responsibility of User.

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Article 2 – Electricity

Division 3 – Rates

Section 4.2.14                        Establishment of Rates

Electrical rates shall be established by the City Council at any regular meeting upon presentation of an ordinance setting forth the rates.  The following schedule of electrical rates or charges for electricity is hereby established:

RESIDENTIAL RATES
            Customer charge (no kW).............................$9.00
            Charge per kWh.............................................$.0625

MULTIPLE DWELLINGS
            Customer charge (no kW) per living unit.....$9.00
            Charge per kWh.............................................$.0625

SMALL COMMERCIAL RATES
            Customer charge (no kW).............................$11.00
            Charge per kWh.............................................$.0650

LARGE COMMERCIAL RATES

             Customer charge (no kW).............................$20.00

             Energy Charge per kWh................................ $ .0440

             Demand Charge per demand kW....................$ 5.80

SECURITY LIGHTS
            Charge per month.................................. ......$5.00

            GENERAL POWER:

Minimum Charge is determined by horsepower of the connected motor's load capacity and is calculated at the rate of one (1) dollar per kWh for the first five (5) kWh of required power plus fifty (50) cents per kWh for excess requirement.

                        First 1,000 kWh                        $.0625

                        Excess                        $.0625 

MULTIPLE DWELLINGS:

Minimum charge for apartment buildings shall be nine (9) dollars & no cents per living unit (no kWh).  Total consumption shall be divided equally between or among the users.

                        The rate charge for electricity shall be                        $.0625 per kWh

Bills become delinquent on the 10th day of the month and if not paid, electrical service shall be disconnected after notice.  A reconnect charge of twenty-five (25) dollars must be paid in addition to the delinquent amount of the utility bill before electrical service can be restored.  This policy shall be applicable to all residential and commercial customers and for all domestic and commercial uses including small motors not more than 3 h.p. individual capacity, single phase.

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Article 3 – Water

Division 1 – General Regulations

Section 4.3.01                        Establishment of Authority

An Article concerning the system of waterworks of the City and establishing the water rates, rules, regulations, and penalties for the government of water consumers, contractors, licensed plumbers, and others.

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Section 4.3.02                        Violation of Contract

If any part of contract is violated, the water will be shut off and payments will be forfeited.

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Section 4.3.03                        Certain Uses Subject to Regulation

The use and withdrawal of water by any person for the following purposes is hereby subject to regulation by resolution of the Council:

A.     Watering Lawns - The sprinkling, watering or irrigating of shrubbery, trees, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation.

 

B.     Washing Mobile Equipment - The washing of automobiles, trucks, trailers, trailer-houses, railroad cars, or any other type of mobile equipment.

 

C.     Cleaning Outdoor Surfaces - The washing of sidewalks, driveways, filling station aprons, porches, and other outdoor surfaces.

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Section 4.3.04                        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 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 four (4) cents 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 twelve (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 (1) commercial business presently using the City’s water mains for a heating and cooling source shall pay to the City a fee of eight (8) cents 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 twelve (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 sue of the heating and cooling system.  Further, there is presently one (1) commercial business using the City’s water mains as a heating and cooling source and said business is grand fathered in and the hold harmless agreement herein applies to said business.

 

F.      The governmental entity owning a building who obtains approval for the sue 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 born by the governmental entity owning the building using the City’s water main for heating or cooling purposes;

 

3.       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:

 

a.       Total Coliform Monthly