There shall be a Water Department which shall be under the direction and control of the Board of Water Commissioners.
The Board of Water Commissioners shall consist of five (5) members, all of whom shall be elected at large at the general election in odd-numbered years for terms of four (4) years as the terms of members of the Board expire. The Board shall annually select a President. In addition, the Common Council shall annually appoint, at its organization meeting, a Councilman to serve as a liaison between the Board of Water Commissioners and the Common Council. He shall attend all meetings of the Board of Water Commissioners but shall not be entitled to vote at such meetings.
[Amended 9-23-2008 by L.L. No. 3-2008]
The Board of Water Commissioners shall appoint a Clerk, who shall be known as the Clerk of the Board of Water Commissioners, who shall not be of their number. The Board of Water Commissioners may appoint a Deputy Clerk, who shall be known as the Deputy Clerk of the Board of Water Commissioners, who shall not be of their number. The Clerk and Deputy Clerk shall each be paid a salary to be fixed by said Board and shall each hold his/her office during the pleasure of the Board. The Clerk and the Deputy Clerk shall each execute to the City an official undertaking in such amount and upon such conditions as the Board may require. The Clerk of the Board shall keep a record of the proceedings and also all the books and accounts of said Board and collect all water rents and charges, issue permits and orders, and do and perform the duties specified herein in the absence of the Clerk of the Board and shall otherwise perform such duties as prescribed by the Board and the Clerk of the Board.
The Board of Water Commissioners shall also appoint a Superintendent of the Water Works of the City, who shall hold his office during the pleasure of said Board. He shall be paid a salary to be fixed by said Board. He shall have, under the directions of said Board, the care and management of the Water Works of the City, and perform such other duties connected with said water works as the Board shall prescribe. The same person may be appointed to act as Clerk and Superintendent, at such salary as the Board may determine.
The Board may from time to time hire employees or contract with engineers, attorneys and other consultants as in their judgment may be necessary, and fix and determine the remuneration to be paid to the same.
All moneys received or collected by the Board of Water Commissioners or by the Clerk, Superintendent or other officer appointed or employed by said Board, shall be timely deposited in a separate account or accounts set up for the Water Department. All such money shall be credited to the Board of Water Commissioners, and be paid out only upon the orders of said Board, signed by its Clerk and countersigned by its President, or other duly authorized officer, delegated by the Board.
A. 
It shall be the duty of the Board of Water Commissioners and they shall have the power:
(1) 
To take possession of the Water Works of the city and to keep the same and all the property connected therewith or belonging thereto in good order and repair; and to take all measures to preserve the purity of the water and a sufficient supply thereof for family and fire purposes, and for such other purposes as in their judgment and discretion it may be used for or applied to.
(2) 
To extend the pipes of said works into and through any of the streets, highways, lands, alleys or other public places of the city.
(3) 
To lease or purchase real property in the name of the city pursuant to law and improve the same, situated within the limits of the city for the general use and benefit of the Board of Water Commissioners and for the proper and necessary carrying on of its affairs, and to provide ways and means for the payment thereof out of the water rents and receipts of the Board of Water Commissioners. In addition thereto, the Board of Water Commissioners shall have the power, should it be determined by a unanimous vote of said Board to be necessary and expedient, to sell or transfer any real property so acquired by it under the provisions of this law. To construct reservoirs and other works necessary to the water system of the city, including a system of poles and wires for the electrical control and operation of the water gates and other apparatus connected with, and necessary to said water system; and the rights to acquire lands, easements and rights-of-way in the name of the city pursuant to law therefor by purchase, or if the compensation therefor cannot be agreed upon, then by condemnation, in the manner provided by the Eminent Domain Procedure Law.
(4) 
To establish a scale of rents to be called water rents, and to be paid at such times and in such manner as the Board of Water Commissioners may prescribe. The Board is authorized, in its discretion, to charge water users outside of the city higher rates than are charged users within the city.
(5) 
To make such rules, regulations or by-laws for the preservation, protection and care of said water works, and for the use and control of the water, as they may deem advisable, and prescribe penalties for the violation thereof; and which, when certified to the Common Council, shall be duly published by the Board of Water Commissioners and shall have the same force and effect as any law or ordinance enacted by the Common Council; and the Board of Water Commissioners may alter or amend the same in like manner.
(6) 
To see that all rules, regulations and by-laws so made and published are duly obeyed and observed; and to prosecute in the name of the city, all persons violating the same for any penalty, fine or forfeiture incurred thereby.
(7) 
To keep a record of their proceedings in a suitable book and also a record and account with each person furnished with water, or with whom they have dealings. The Board of Water Commissioners shall make available the books, records and accounts of the Water Department for examination upon the request of the Mayor, Commissioner of Finance or Common Council. The Board of Water Commissioners shall submit a complete annual report to the Common Council within ninety days following the end of each fiscal year, which report shall set forth its financial condition and describe its activities in narrative form.
(8) 
Upon the order or direction of the Mayor, Commissioner of Finance or Common Council, the Board of Water Commissioners shall participate and cooperate in the preparation of a single audit of the city's finances which shall include, as part of the single audit, the finances of the Water Department. In this regard, the Board of Water Commissioners and Water Department staff shall make the books, records and accounts of the Water Department available in a timely manner to the Commissioner of Finance or the person or entity which is conducting the single audit.
(9) 
Shall have authority at all reasonable times to enter upon any premises having pipes connected with said water works in order to observe whether the water is being used thereon, and if so the manner in which the same is so used.
B. 
The Board of Water Commissioners shall also have the power, and it shall be their duty from time to time to examine into and adopt such plans as in its opinion may be most feasible for procuring additional supplies of water for use in the city, and for that purpose it shall have power in the name of the city to contract for and acquire by purchase or condemnation all lands, streams, water, water rights or other property, real or personal, or rights therein, situate at any place within the County of Fulton or any adjoining county, which may be required for that purpose; and also the right to lay, relay and maintain pipes through the lands, and to take, detain or divert water or streams of water which may be required for the purpose, with or without taking the fee of the land through which the pipes are laid or over which such streams of water flow, and to contract for the execution of the work or any part thereof, or the supply of any necessary material; and the Commissioners and their employees and agents are authorized to enter upon any lands, streams or water for the purpose of making surveys, and to agree with the owner of any such property or right which may be deemed necessary for the purposes of this act, as to the amount of compensation to be paid such owner. Before detaining, taking, diverting, or using an lands, streams or water or rights therein for the purposes of said act, or commencing proceedings for the condemnation thereof, said Water Commissioners shall cause a survey and map to be made of the lands, water or streams intended to be taken, diverted or affected, or in which a right is intended to be taken for any of said purposes, on which map the lands, streams, or water of each owner or occupant shall be designated and which map shall be signed by the President of said Board of Water Commissioners and their Clerk, and be filed in the office of the County Clerk of the county or counties in which said lands, streams or water are situated; they shall also in cases, by an order made by them and signed by said President and Clerk, to be attached to and filed with said map, describe the lands, streams or water, and the title and interest therein, which they intend to acquire for the purpose of such improvement. Any map or order heretofore or hereafter filed under the provisions of said act may be amended in the discretion of said Water Commissioners, at any time before the appointment of Commissioners of appraisal as herein provided, by filing in said County Clerk's office a new or further map and order conforming in all respects to the requirements of this section, together with a notice signed by the President of said Water Commissioners, that the said map and order then on file have been amended; and thereupon the said new and further map and order shall have the force and effect of the map and order so amended, and the map and order last named shall be deemed withdrawn, except so far as they relate to proceedings and acts already had and done.
A. 
In case the Clerk of the Board of Water Commissioners shall be unable to collect any water rent or rents, he shall make return thereof under oath to said Board, and thereupon and thereafter said Board shall have power to sue for and collect such rents together with penalties, interest and costs from the persons liable therefor; and, immediately upon such return being made, cut off the supply of water leading to the premises where the water was used for which such rents remain unpaid, and prevent the further use of water therein or thereon, until such rents, penalties, interests, costs and charges are paid, together with any charge or charges, fines or penalties which said Board may fix for shutting off said water aforesaid, and for turning on the water again for use on or in said premises. In addition, not later than the first day of December, he may certify to the Common Council the amounts of such unpaid water rents within the city which have been delinquent for more than six (6) months, including interest and penalties computed to the 31st day of December, with a description of the real property affected thereby. The Common Council shall include such amount in the annual tax levy to be levied upon the real property in default. When collected, such amounts shall be credited to the Board of Water Commissioners.
B. 
The water supply pipes leading from private lands or buildings to the street mains shall be placed, installed and kept in repair at the expense of the owner or owners or occupants of the premises and shall not be installed or connected with the street mains until a permit therefor in writing shall be obtained from the Clerk or other person designated by the Board, and the charge or charges therefor paid and all such connecting or supply pipes or fixtures shall be constructed under or according to the direction of said Board or of persons designated by said Board; and all expense, charges, fees, water rents, fines, forfeitures or penalties which may accrue from or be imposed upon such owner, owners or occupants for use of water or otherwise shall be a lien for ten (10) years on the real property upon which such water shall have been used, or in respect to the occupants of which said fines or penalties may have been imposed, or forfeitures incurred; and may be assessed, collected, and the collection thereof enforced in the same manner and method, and with like proceedings, by said Board of Water Commissioners, as provided by law for the collection of taxes and assessments for city purposes; and said Commissioners may also have and maintain a civil action for the recovery thereof, against the owner or occupant of said property in the manner above provided in Subsection A.
C. 
Any cost or expense for damages, or repairs to any part of the line, will be as follows: all pipes needing to be repaired from the inside of the curbside shutoff to said residence needing repair will be repaired at the owner's expense. Said expense shall include the cost of any necessary permit and proper hookup by a licensed plumber to said shutoff; all cost or expenses for repairs to pipes and the shutoff from said shutoff to the main on the roadside shall be at the cost and responsibility of the Water Department. All new services installed will be installed at the expense of the property owner for all pipes, fixtures and installation costs for the complete line from the main to the residence.
[Added 9-23-2008 by L.L. No. 4-2008]
The entire annual receipts for water rents, after deducting therefrom such sums as may be necessary to defray the expenses and repairs thereof, extending street mains and salaries of officers, shall be applied to the payment of the interest on the debt contracted for building and constructing said water works, and the interest of any debt which has been or may be contracted by the city for like purposes; and if any surplus shall remain, it shall be set apart and invested as a reserve fund for the payment of such debts. However, the Board of Water Commissioners may, after making proper provisions for meeting its annual expenses, repairs, extensions and its reserve fund for the payment of its bonded indebtedness, turn over to the Common Council annually for the purpose of meeting its annual expenses, such sums of money derived by the Board of Water Commissioners from the sale of water as in the judgment of said Water Board it may deem proper and expedient. In case there shall in any year be a deficiency, the Common Council, shall cause to be levied upon and collected from the taxable property in said city, such sums as shall be necessary to make good such deficiency. The Board of Water Commissioners shall, on or before the first day of November of each year, prepare and adopt an operating budget for the next ensuing fiscal year, and shall present such operating budget to the Mayor on or before such date together with a request to levy a tax for any anticipated deficiency. The Common Council may not make any modification to such operating budget unless the majority of the Board of Water Commissioners requests modification in writing on or before the first day of December.
Any surplus which may exist in the Water Department in any year shall be invested by the Commissioner of Finance as authorized by law, and may be used to make good any deficiency which may exist in any year.
The Board of Water Commissioners and all acting under their authority, shall have the right to use the ground or soil under any street, highway, or roads within the County of Fulton or any adjoining county, for the purpose of introducing water into and through any and all portions of the city, on condition that they shall cause the surface of such street, highway or road to be relaid or restored to its usual state, and all damages done thereto to be repaired; and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions.
The Board of Water Commissioners shall have the further power to extend and acquire water mains outside the city and to contract with and sell to any corporation, stock company or individual without the corporate limits of the city, the right to make connection with the distributing pipes of the city for the purpose of drawing water therefrom, at such prices, and on such conditions, as in the judgment of said Commissioners shall be for the best interests of the city except that the Board of Water Commissioners shall not contract for the sale of water to any municipality or improvement district or make or permit to be made any new connections, and shall not extend, acquire or enlarge any lines or permit any lines to be extended or enlarged for the sale of water beyond the corporate limits of the city without the consent of the Common Council. But no right heretofore or hereafter granted shall be in any way enforced, when, by so doing, the supply for the wants or necessities of the city shall thereby be curtailed. The Board of Water Commissioners shall not commence a proceeding to extend the permissive service area without the consent of the Common Council.
The Board of Water Commissioners shall be empowered to establish, by resolution, properly collateralized accounts in depositories duly designated by the Common Council at the annual city organizational meeting as well as a petty cash account in such amount as it shall determine.