The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All water distributed by any agency or individual, public
or private, for the purpose of human consumption or which may be used
in the preparation of foods or beverages or for the cleansing of any
utensil or article used in the course of preparation or consumption
of food or beverages for human beings. The term “drinking water”
shall also include all water supplied for human consumption or used
by any institution catering to the public.
Any person using the streets or public grounds of the city,
and engaged, either as of the effective date of Ordinance 105-A or
as of any time after the effective date of such ordinance, in furnishing
drinking water service for a charge to more than five different households
or residences within the city. The term “private water company”
does not include a political subdivision authorized to provide water
utility services by law. Nothing herein shall apply to any entity
operating as a cooperative or not deemed to be subject to the jurisdiction
of the state commission on environmental quality.
Any condition of good order and cleanliness which precludes
the probability of disease transmission.
Any source or reservoir of water distributed to and used
for human consumption. “Water supply” does not include
any such which is both outside of the city, and none of the water
from which is distributed to and used for human consumption in the
city.
(1996 Code, sec. 86-71)
The city elects to have the state public utility commission
exercise exclusive original jurisdiction over private water utility
rates, operations, and services within the existing and future incorporated
limits of the city.
(1996 Code, sec. 86-72)
Every private water company shall:
(1)
Timely and fully comply with all applicable provisions of V.T.C.A.,
Health and Safety Code chapter 341, and all applicable rules, regulations,
and orders of the department of state health services and the state
commission on environmental quality.
(2)
If supplying drinking water to less than 25,000 persons, submit to
the department of state health services at least four specimens of
water taken from the water supply for the purpose of bacteriological
analysis during each monthly period of the operation of such service.
(3)
Not knowingly furnish to any person in the city any contaminated
drinking water or permit the appliances thereof to become unsanitary.
(4)
Not furnish to the public in the city any drinking water for which
any charge is made, unless the production, processing, treatment,
and distribution is at all times under the supervision of a competent
water-works operator holding a valid certificate of competency issued
under direction of the department of state health services.
(5)
Ensure that all drinking water furnished by it for public use in
the city is free from deleterious matter and complies with the standards
established therefor by the department of state health services or
the United States Public Health Service, and the state commission
on environmental quality.
(6)
Ensure that no physical connection between the distribution system
of its public drinking water supply and that of any other water supply
is permitted unless such other water is of a safe, sanitary quality
and the interconnection is approved by the department of state health
services, and that no water connection from its public drinking water
supply is made to any sprinkling, condensing, cooling, plumbing, or
any other system unless the connection is of such a design as will
ensure against any backflow or siphonage of sewage or contaminated
water from the system into the drinking water supply; upon discovery
of any condition contrary to these provisions, and written notice
being given to the private water company maintaining such condition
by the local health officer, such private water company shall make
such corrections as are necessary to eliminate the condition complained
of.
(7)
If it has any drinking water supply or system for public use, which
is used to furnish drinking water to members of the public in the
city, submit completed plans and specifications therefor to the department
of state health services, and shall not operate or use such drinking
water supply or system until approval has been given by the department
of state health services.
(8)
Observe and comply with each and all of the following in respect
to such private water company’s facilities, supply and distribution
system, of drinking water for members of the public who are located
in the city:
(A)
All sanitary defects existent at public drinking water plants which
obtain their supply from underground sources shall be immediately
corrected.
(B)
No public drinking water supply system furnishing drinking water
from underground sources to the public shall be established in any
place subject to possible pollution by any floodwaters, unless adequately
protected against flooding.
(C)
All suction wells or suction pipes, used in any public drinking water
supply system, shall be constantly protected by practical safeguards
against surface or subsurface pollution.
(D)
No livestock shall be permitted to enter or remain within the wellhouse
enclosure of a public drinking water supply system.
(E)
All public drinking water distribution lines shall be constructed
of impervious material with tight joints, a reasonably safe distance
from sewer lines.
(F)
No water from any surface public drinking water supply shall be made
accessible or delivered in the city to any consumer for drinking purposes
unless it has first received treatment essential to rendering it safe
for human consumption; all treatment plants including aeration, coagulation,
mixing, settling, filtration, and chlorinating units shall be of such
size and type as may be prescribed by good public health engineering
practices.
(G)
Clear water reservoirs shall be covered and be of such type and construction
as will prevent the entrance of dust, insects, and surface seepage.
(1996 Code, sec. 86-73)
Every private water company shall:
(1)
File with the city secretary each calendar month, by the seventh
day thereof, a signed, written statement stating the number of specimens
or samples of water from each water supply (of such private water
company) submitted during the preceding month to the department of
state health services, the date each was so submitted, and the water
supply each was from.
(2)
With reference to each report of any kind received by such private
water company from the department of state health services as to bacteriological
or chemical analysis of any specimen or sample of water from any water
supply (of such private water company), such private water company
shall file, within three days (exclusive of Saturdays, Sundays and
legal holidays) after receipt of such report, a true, complete copy
thereof, if the report be written, or, if the report be oral, then
an accurate written summary thereof, with the city secretary.
(3)
With reference to its water supply, and distribution and treatment
system, plant and facilities, mains and pipes, from or by which drinking
water is furnished members of the public in the city, file with the
city secretary the following:
(A)
A copy of all plans and specifications (for such supply, system,
plant or facilities) which are on file with the department of state
health services, indicating as to each when same was so filed, and
copy of any approval, conditional approval, disapproval or other action
respecting same or any same by the department of state health services.
(B)
There shall be so filed with the city a complete set (or copy) of
plans and specifications for and showing such entire supply, system,
plant and facilities, including mains and pipes, and the location
of same, as the same exist on the effective date of Ordinance 105-A.
(C)
If any change, modification, addition or deletion is made in such
supply, system, plant or facilities, or mains or pipes or their location,
as same exist on the effective date of Ordinance 105-A, then within
five days (exclusive of Saturdays, Sundays and legal holidays) after
the making of any such change, modification, addition or deletion,
a complete set (or copy) of plans and specifications showing the entire
such change, modification, addition, deletion, or change in location,
as the case may be, shall be so filed with the city.
(D)
If any plans or specifications (for such supply, system, plant or
facilities) are filed with the department of state health services,
or there is any approval, conditional approval, disapproval or other
action by the department of state health services with respect to
any plans or specifications (for such supply, system, plant, or facilities),
then there shall be so filed with the city a copy of such plans and
specifications within five days (exclusive of Saturdays, Sundays and
legal holidays) after same are so filed with the department of state
health services, and a copy of such approval, conditional approval,
disapproval, or other action by the department of state health services
shall be so filed with the city within five days (exclusive of Saturdays,
Sundays and legal holidays) after such private water company is notified
thereof.
(E)
A written, signed statement of such private water company, stating
the name, address and telephone number of each person under whose
supervision such supply, system, plant and facilities are on the effective
date of Ordinance 105-A, together with a copy of such person’s
valid current certificate of competency (as or for a waterworks operator)
issued by or under direction of the department of state health services,
shall be so filed with the city by such private water company; and,
if there is any change (whether by deletion, addition or substitution)
in the identity or address or telephone number of any such person
so having supervision, or there is any change in regard to such certificate
of competency of any such person (whether by a certificate being issued,
renewed, replaced, revoked, modified, suspended or otherwise), then
within five days (exclusive of Saturdays, Sundays and legal holidays)
after each such change, a further signed written statement shall be
filed with the city by such private water company giving all the particulars
of such change, together with a copy of any new or other such certificate
of competency (or any renewal, extension, replacement, modification,
revocation or suspension thereof), such that there will be on file
with the city at all times a written statement or statements by the
private water company, current to within five days (exclusive of Saturdays,
Sundays, and legal holidays), reflecting the name, address, and telephone
number, and a copy of any such current valid certificate of competency
(or any renewal, extension, replacement, modification, revocation
or suspension thereof), of all persons having such supervision.
(1996 Code, sec. 86-74)
Every private water company shall file with the mayor, on or
before March 1 of each year, a written report which shall show, with
respect to all property of such private water company used and useful
in furnishing drinking water to members of the public in the city
and the business of so furnishing such drinking water to members of
the public in the city, as follows:
(1)
The amount of any lien or mortgage upon such property.
(2)
All other indebtedness pertaining to the business of furnishing drinking
water to members of the public in the city and the consideration thereof.
(3)
The actual cost of such visible, physical properties, date when installed
and the present value thereof, and herein the lands, machinery, buildings,
pipes, poles, circuits, mains shall each be treated separately; as
to each of such properties the report shall show the accumulated depreciation
thereof as reflected by its books and as taken for federal income
tax purposes.
(4)
The annual cost of operating such business, showing separate items,
the amount paid for actual salaries, amount paid for labor of all
kinds, fixed charges, including interest, taxes and insurance, giving
each separately, amount paid for fuel, for extension and repairs,
giving each separately, and particularizing the extension and repairs,
the cost of maintenance, amount paid for damages, claim or suits for
damages, identifying each claim or suit, amount paid for miscellaneous
expenses, and, if any machinery or equipment is abandoned, worn out
or its use discontinued within the preceding year, the same shall
be stated, the original cost and the present value thereof (and the
amount of accumulated depreciation thereon as aforesaid) shall be
given.
(5)
The report shall give the gross and the net earnings from any such
business, including revenues from every source whatever, stating items
separately, amount received by each department. Such report shall
be sworn to, in case the private water company is a corporation, then
sworn to be the president, manager or secretary thereof; in case the
private water company is a partnership or a limited partnership, then
by a general partner thereof; in case the private water company is
a sole proprietorship, then by the owner thereof; in case the private
water company is a joint venture, then by a member thereof; otherwise,
by the manager thereof.
(1996 Code, sec. 86-75)
(a)
Rates charged by private water companies for drinking water furnished
to members of the public within the city shall be as fixed from time
to time by the city.
(b)
No rate or rates (including but not limited to rates in effect as
of the effective date of Ordinance 105-A) charged by any private water
company for furnishing drinking water to members of the public in
the city may be increased (in whole or in any part), except as hereafter
provided.
(c)
The city shall ensure that every rate made, demanded, or received
by any private water company shall be just and reasonable. Rates shall
not be unreasonably preferential, prejudicial, or discriminatory but
shall be sufficient, equitable, and consistent in application to each
class of consumers. In fixing the rates for water and sewer services,
the regulatory authority shall fix its overall revenues at a level
that will:
(1)
Permit the public utility company a reasonable opportunity to earn
a reasonable return on its invested capital, used and useful in rendering
service to the public over and above its reasonable and necessary
operating expenses; and
(2)
Preserve the financial integrity of the public utility company.
(d)
The city may not prescribe any rate that will yield more than a fair
return on the invested capital, used and useful in rendering service
to the public.
(1)
In fixing a reasonable return on invested capital, the city shall
consider, in addition to other applicable factors, the efforts and
achievements of the public utility company in the conservation of
resources, the quality of the public utility company’s services,
the efficiency of the public utility company’s operations, and
the quality of the utility’s management.
(2)
In any proceeding involving any proposed change of rates, the burden
of proof shall be on the private water company to show that the proposed
change, if proposed by the utility, or that the existing rate, if
it is proposed to reduce the rate, is just and reasonable.
(e)
Components of invested capital and net income.
(1)
The components of invested capital and net income shall be determined
according to the rules stated in this section.
(2)
Water rates shall be based on the original cost of property used
by and useful to the utility in providing service, including, if necessary
to the financial integrity of the utility, construction work in progress
at cost as recorded on the books of the utility. The inclusion of
construction work in progress is an exceptional form of rate relief
to be granted only on the demonstration by the utility by clear and
convincing evidence that the inclusion is in the ratepayers’
best interest and is necessary to the financial integrity of the utility.
Construction work in progress may not be included in the rate base
for major projects under construction to the extent that those projects
have been inefficiently or imprudently planned or managed. Invested
capital is the actual money cost or the actual money value of any
consideration paid, other than money, of the property at the time
it shall have been dedicated to public use, whether by the utility
that is the present owner or by a predecessor, less depreciation.
(3)
Cost of facilities, revenues, expenses, taxes, and reserves shall
be separated or allocated as prescribed by the regulatory authority.
(5)
Payment to affiliated interests for costs of any service, or any
property, right or thing, or for interest expense, may not be allowed
either as capital cost or as expense except to the extent that the
regulatory authority finds that payment to be reasonable and necessary.
A finding of reasonableness and necessity must include specific statements
setting forth the cost to the affiliate of each item or class of items
in question and a finding that the price to the utility is no higher
than prices charged by the supplying affiliate to its other affiliates
or divisions for the same item or items, or to unaffiliated persons.
(6)
If the utility is a member of an affiliated group that is eligible
to file a consolidated income tax return and if it is advantageous
to the utility to do so, income taxes shall be computed as though
a consolidated return had been filed and the utility had realized
its fair share of the savings resulting from the consolidated return,
unless it is shown to the satisfaction of the regulatory authority
that it was reasonable to choose not to consolidate returns. The amounts
of income taxes saved by a consolidated group of which a utility is
a member, due to the elimination in the consolidated return of the
intercompany profit on purchases by the utility from an affiliate,
shall be applied to reduce the cost of those purchases. The investment
tax credit allowed against federal income taxes to the extent retained
by the utility shall be applied as a reduction in the rate-based contribution
of the assets to which the credit applies to the extent and at the
rate as allowed by the Internal Revenue Code.
(7)
The city may promulgate reasonable rules and regulations with respect
to the allowance or disallowance of certain expenses for ratemaking
purposes.
(8)
The regulatory authority may not include for ratemaking purposes:
(A)
Legislative advocacy expenses, whether made directly or indirectly,
including legislative advocacy expenses included in trade association
dues.
(B)
Any expenditure found by the regulatory authority to be unreasonable,
unnecessary, or not in the public interest, including executive salaries,
advertising expenses, legal expenses, and civil penalties or fines.
(i)
A private water company may not make changes in its rates except
by delivering a statement of intent to each ratepayer and with the
city at least 30 days before the effective date of the proposed change.
The effective date of the new rates must be the first day of a billing
period, and the new rates may not apply to service received before
the effective date of the new rates. The statement of intent must
include the information required by the city. When the statement of
intent is delivered, the private water company shall file with the
city authority an application to change rates. The application must
include information the city requires by rule. If the private water
company fails to provide, within a reasonable time after the application
is filed, the necessary documentation or other evidence that supports
the costs and expenses that are shown in the application, the city
may disallow the nonsupported expenses. If the application or the
statement of intent is not substantially complete or does not comply
with the city’s rules, it may be rejected and the effective
date of the rate change may be suspended until a properly completed
application is accepted by the regulatory authority and a proper statement
of intent is provided.
(ii)
If, within 30 days after the effective date of the rate change,
the city receives a complaint from any affected municipality, or from
the lesser of 1,000 or ten percent of the ratepayers of the private
water company over whose rates the city has original jurisdiction,
the city shall set the matter for hearing. The regulatory authority
may set the matter for hearing on its own motion at any time within
60 days after the effective date of the rate change. The hearing may
be informal. If, after hearing, the city finds the rates currently
being charged or those proposed to be charged are unreasonable or
in violation of law, the city shall determine the rates to be charged
by the private water company and shall fix the rates by order served
on the private water company.
(iii)
The city, pending final action in a rate proceeding, may order
the private water company to deposit all or part of the rate increase
received or to be received into an escrow account with a financial
institution approved by the city. Unless otherwise agreed to by the
parties to the rate proceeding, the private water company shall refund
or credit against future bills all sums collected during the pendency
of the rate proceeding in excess of the rate finally ordered plus
interest as determined by the city. For good cause shown, the city
may authorize the release of funds to the utility from the escrow
account during the pendency of the proceeding. At any time during
the pendency of the rate proceeding, the city may fix interim rates.
A private water company may not file a statement of intent to increase
its rates more than once in a 12-month period, unless the city determines
that a financial hardship exists.
(1996 Code, sec. 86-76)
The business records, properties, water supply, facilities and
meters of each private water company shall, at all times between the
hours of 9:00 a.m. and 5:00 p.m. on every day except Saturdays, Sundays
and legal holidays, be open to inspection and testing by the city,
acting through the city health officer or the mayor, or other person
acting for the city and designated by the mayor, city health officer
or city council.
(1996 Code, sec. 86-77)
Except for cause not reasonably within its power to control,
every private water company shall maintain, for all its customers
in the city, good and adequate drinking water service at all times,
and shall maintain its system and supply for furnishing same in good
operating condition, and, without limiting the generality of the foregoing,
shall:
(1)
Have available to its customers, at their connections with its pipes,
at all times and without interruption, a sufficient supply of drinking
water at sufficient pressure, and in the case of a single-family residence,
this shall require the availability of at least 800 gallons per day
at pressure not less than 35, and not more than 60, pounds per square
inch.
(2)
See to it that all drinking water furnished by it to its customers
in the city is of good quality, and is both suitable and safe for
human consumption.
(3)
See to it that its meters (which meter service to its customers in
the city) function properly and accurately.
(1996 Code, sec. 86-78)
No private water company shall require any permanent customer
in the city to post or maintain any deposit in excess of $25.00 for
drinking water service for each single-family residential connection
served, nor more than $50.00 for a temporary customer.
(1996 Code, sec. 86-79)
(a)
No private water company shall terminate or discontinue drinking
water service to any customer at a given location in the city without
the consent of such customer unless such:
(1)
Customer is in arrears on, and has not sufficient sums on deposit
with the private water company to cover, any proper, written billing
or billings for proper charges for service, required deposit or late
charges in respect to such customer at such location; and
(2)
Arrearage persists in whole or in part for not less than 15 days
after written notice of same to the customer, which notice shall identify
the arrearage and shall state that service may be terminated if it
is not made good within 15 days.
(b)
A private water company may charge a late charge in respect to any
amount of proper service charge which is not paid within 15 days after
written billing of same, such late charge shall not exceed five percent
of the amount delinquent for the first month or fraction thereof delinquent
and for each month (including the month in which paid) delinquent
thereafter and until paid.
(c)
If, after the effective date of Ordinance 105-A, a private water company validly terminates or discontinues service in the city to a customer as above provided, or with the customer’s consent, it shall nevertheless be required to reestablish such service at the request of the owner of the previously serviced premises, or anyone acting with such owner’s authority, if such request is made within not more than seven months following termination or discontinuance of the service, provided that a proper connection charge is paid and a proper deposit is made (in case of a single-family residential connection, the deposit shall not exceed the amount specified in section 18.02.069, and the connection charge shall not exceed the amount specified in section 18.02.071(2) and provided further, that if the owner requesting reestablishment of service is delinquent in any proper account to such private water company for previous service or late charge at such location, then such service need not be reestablished until such account and late charges are also paid in full; but, no connection charge shall be authorized unless a new connection is necessary and is made for the service. The deposit of one customer in the city may not be charged or applied to the account of another customer, and no private water company shall refuse service to an applicant for service in the city because of the refusal to pay to the company any bill or charges owed by a prior owner or tenant of the premises for which service is requested.
(d)
In case of a dispute as to an amount billed by a private water company,
a customer in the city may (without admitting the validity of the
charge) remit the amount so billed to the private water company as
a deposit against resolution of such dispute, and as long as the amount
of such deposit exceeds any properly billed charges owing the private
water company by such customer, such private water company may not
terminate service to such customer by reason of nonpayment of account;
unless and until the depositor and private water company otherwise
agree, or the depositor admits the correctness of the charge (in which
case the private water company may apply the deposit to the charge,
or so much thereof as is admitted), or the private water company admits
the charge is excessive (in which case the private water company shall
promptly refund to the depositor the deposit or portion thereof which
relates to the excessive charge), the private water company shall
hold such deposit in a separate account until the validity or invalidity
of the charge or the proper disposition of the deposit is established
by a court of competent jurisdiction, provided the private water company
may refund the entire deposit to the depositor at any time without
admitting the incorrectness of the charge, but if such refund, service
may not be terminated on account of nonpayment of such charge unless
and until its validity is first determined by judgement of a court
of competent jurisdiction. A customer may also voluntarily deposit
any even dollar amount, not less than $15.00 nor more than $200.00,
with a private water company as a deposit, without interest, against
future proper service and/or late charges.
(e)
Anything hereinabove to the contrary notwithstanding, no private
water company shall be required to reestablish a water connection
which has been validly terminated or discontinued for more than 60
days prior to proper request for reestablishment as above provided
and tender of the above provided for fees in that connection, unless
such private water company has, or has reasonably available to it,
the capacity to render the requested service without materially diminishing
the service then being afforded its other customers in the city.
(1996 Code, sec. 86-80)
Every private water company whose mains extend to within 30
feet of any lot within the city having on it a single-family residence
not previously served by the private water company within the seven
months next preceding the request for service, shall, at the written
request of the owner thereof, and on his payment of:
(2)
If a new connection is necessarily made for such service, a connection
charge of not to exceed $500.00; and
(3)
If any extension of mains is necessarily made for such service, the
amount by which the net reasonable actual cost (exclusive of overhead)
to such private water company of extending to such property and line
for service only to it and of making the connection exceed $500.00,
extend drinking water service to such property (provided that if the
party requesting service is in arrears for any proper service or late
charge for service to such location, then all such arrearage must
also be brought current); provided, however, such private water company
has, or has reasonably available to it, the capacity to render the
requested service without materially diminishing the service then
being afforded its other customers in the city. In any instance where
a paving cut is necessarily made to effectuate a new connection, the
customer requesting same shall also reimburse the private water company
its cost in making any required restoration of such paving less the
excess (if any) of all other payments (other than deposit) by the
customer to the company for the connection over the company’s
other costs in making same; cost means net reasonable actual cost
exclusive of overhead; if there is proper prior written billing for
same, service to such location may be withheld or discontinued until
such charge is paid or deposit to cover same is made.
(1996 Code, sec. 86-81)
All private water company charges for furnishing drinking water
to single-family residences in the city shall be billed on a monthly
basis (fractions of months being permissible only for the initial
and the last month of service). The billings shall be in writing,
be either personally delivered or mailed, disclose the name of the
customer and the location for which the billing is made, the beginning
and ending meter readings for water furnished such location for which
the current billing is made and the dates of such readings, the amount
of the current and any past charges outstanding, how the current charge
is computed, the amount of any minimum charge and how calculated,
and the due date and where payment is to be made. All bills may be
paid by sufficient funds check drawn on any state or national bank
in the state. No billings for current charges shall be due prior to
15 days following the mailing or delivery of same. Mailing shall be
sufficient if addressed to the customer at the residence address to
which the water is furnished, and sent first class mail, postage prepaid.
(1996 Code, sec. 86-82)
Each private water company shall furnish the city and each of
its customers therein with the number (in writing) of a telephone
and have a person or persons (named in such writing) reasonably available
for receiving, for or on behalf of the company, telephone calls at
such number from customers in the city during the period from 8:00
a.m. to 5:00 p.m., Monday through Friday of each week (except legal
holidays), and from 8:00 a.m. to 11:30 a.m. on Saturdays. Customers
in the city shall also be provided in writing by the company with
the telephone number and name of a company-employed maintenance person
who will be reasonably available during all other times for emergency
repairs to restore and maintain drinking water service to customers
of the company in the city when failure or termination of such service
results from a failure of lines or equipment owned or maintained by
the company. In case of any such failure or termination, the company
shall at once, upon being notified, diligently proceed to correct
same.
(1996 Code, sec. 86-83)
No private water company shall furnish drinking water to any
residence in the city, through any connection or pipe used to furnish
or transport to such residence, or the lot on which it is located,
any substance other than drinking water; no meter may be used to measure
any drinking water furnished any residence in the city, or any lot
in the city on which a residence is located, which also meters any
other water or substance.
(1996 Code, sec. 86-84)
(a)
All pipe, fittings, fixtures and equipment, installed by a private
water company as a part of its equipment, system, plant or supply
for furnishing drinking water to members of the public in the city
shall be of sound material and good quality and shall be so laid out
as not to interfere with the natural or artificial drainage of the
city or its underground fixtures. All mains and pipes shall be buried
under the surface of the ground. In constructing or making extensions
or repairs to its pipeage system in the city, a private water company
shall not interfere with any sewer, water or heating pipes or public
or private drains or electric or telephone conduits or wires in any
streets, highway, alley, public easement, or other city property,
nor shall the same be disturbed or molested in any manner except with
the prior consent of the mayor or his delegates.
(b)
If a private water company, in laying, extending or repairing its
pipes or mains in any street, highway, alley, or public easement in
the city, or in any city property, comes in conflict with the rights
of any other person or corporation having a franchise, license or
permit from the city, the city shall have the right to decide all
questions concerning any conflicting rights of the respective parties,
and to determine the location of the structures of such parties, and
what changes, if any, should be made and at whose cost.
(c)
Within the streets or other public ways in the city, no installation
or removal of mains or pipe, or excavation or work of any kind shall
be done by or at the direction of a private water company without
the prior approval of the mayor or his delegate, and the location
and route of all mains, pipes and piping and other fitting or fixtures
shall be subject to the reasonable and proper regulation, control
and direction of the mayor or his delegate, which regulation and control
shall include, but not by way of limitation, the right to require
in writing the relocation of a private water company’s facilities
at such company’s cost within the streets or other public ways
in the city whenever such shall be determined by the mayor or his
delegate or the city council or its delegate to be necessary or advisable
on account of the widening, change of grade, relocation, or other
work (including, but not limited to, installing, repairing, removing,
or relocating public or private pipes, mains, wires, etc.) within
such streets or public ways.
(d)
The surface of any public road, highway, street, lane, alley, or
other public place in the city disturbed by a private water company
in laying, constructing, maintaining, operating, using, extending,
removing, replacing, or repairing its piping system or other facilities
shall be restored immediately after the completion of the work to
as good a condition as before the commencement of the work and maintained
to the satisfaction of the mayor or his delegate for one year from
the date of completion of such work. Any work being done by or at
the direction of a private water company, whether extensions or repairs,
necessitating the excavating or tearing up of a street, alley, thoroughfare
and/or other public place in the city shall be done with all reasonable
dispatch and in such manner as not to interfere unnecessarily with
the use of the street, alley, or thoroughfare for travel, or to interfere
unnecessarily with the dedicated use of any other public place, in
the city. In the construction, maintenance and repair of its lines,
pipes and facilities, a private water company shall erect barriers,
markers or any other warning and safety device as may be required
by the city police officer or his delegate in order to properly route
traffic and protect the safety of the general public.
(1996 Code, sec. 86-85)
(a)
Work by city.
Should any private water company fail to make any maintenance repairs, restorations, installation, connections, or corrections to its plant, supply, system, meters, mains or pipes, or any of same, used in connection with its furnishing drinking water to the members of the public in the city, or to the streets or public ways in the city, which may be required by any provision or provisions of this division, and should such failure persist in whole or in part for five days (exclusive of Saturdays, Sundays and legal holidays) after written notice of same by the city (which notice may be given by or at the direction of the mayor or his delegate to the private water company), then the city may, but shall not be obligated to, make (or cause any agent of the city to make) any or all such maintenance, repairs, restoration, installation, connection or correction, and for such purpose may enter into and upon property of the private water company and take possession of and action with respect to, and deal with, its properties as may be necessary or appropriate to effectuate such maintenance, repairs, restoration, installation, connection or correction, and upon the doing of such work the private water company shall be required on demand to reimburse the city its reasonable cost of so doing such work; provided, however, that should such private water company, within five days (exclusive of Saturdays, Sundays and legal holidays) after such notice, commence to make such maintenance, repair, restoration, installation, connection or correction, and notify the city in writing thereof, and thereafter proceed diligently, and without interruption in such work of more than one day (other than Saturdays, Sundays or legal holidays, and other than such interruption, if any, as may be required by matters not reasonably within the control of the private water company), to complete such maintenance, repair, restoration, installation, connection or correction, then and in such event the city, so long as such private water company is so proceeding without such interruption, shall not commence to do such maintenance or other work under the authority of this subsection (a). Nothing in the immediately foregoing sentence shall be construed to impair or limit the rights of the city under any other sentence or portion of this division or under any other authority of law; and without limiting the generality of the foregoing, nothing in the immediately preceding sentence shall limit the city with respect to its rights to repair, or to regulate, the streets or public ways, or conditions therein, in the city, or to take action as may be necessary to protect the health or safety of its citizens.
(b)
Injunction; nuisance.
The purpose of this division being
to promote and protect the health, safety and welfare of the public,
any violation of, or noncompliance with, this division is declared
to be a public nuisance, and any such violation or noncompliance is
and shall be unlawful. Upon any violation or threatened violation
of this division, the city may obtain an injunction to restrain such
violation; and, if there is any failure to comply with any of the
terms or requirements or provisions of this division, the city may
obtain an injunction to compel such compliance.
(c)
Other liability.
Any private water company violating
any of the provisions of this division knowingly, or negligently,
or by any conduct, state of facts or inaction taken or persisted in
or continued after notice by the city that same constitutes (or would
constitute if taken, continued or persisted in) a violation of this
division, shall be and become liable to the city for any expense,
loss or damage to the city by reason of any such violation.
(d)
Cumulative.
The remedies enumerated in this section,
or elsewhere in this division, shall not be exclusive of each other,
but shall rather be cumulative of each other and of any and all other
remedies provided or authorized by law.
(1996 Code, sec. 86-86)
This division shall not be construed to, and does not grant
or offer any franchise or license. The city shall not be liable in
damages or otherwise for any failure to enforce or see to compliance
with any of the terms or provisions of this division.
(1996 Code, sec. 86-87)
(a)
Any private water company, and any officer, manager, member, supervisor, person in charge, employee or agent thereof, filing or causing to be filed with the city any notice, report or document required by any provision of this division to be filed with the city and such report or document does not truly report the facts about the matters mentioned therein, shall be guilty of a misdemeanor, and, upon conviction, shall be fined as provided in section 1.01.013. Each such false report, document or notice not in good faith believed to be true shall constitute a separate offense.
(b)
Any private water company, and any member, officer, manager, supervisor or person in charge thereof, which or who fails or refuses to timely file with or furnish the city (or any employee, officer or agent thereof) any report, document, notice or information required to be so filed or furnished by this division or which or who fails or refuses to report or file in the manner and time provided for in this division or which or who fails or refuses to timely and properly submit to the department of state health services all the required water specimens, as provided by this division, or which or who knowingly fails or refuses to timely furnish any customer of such private water company in the city with the written information specified in section 18.02.066, shall be guilty of a misdemeanor, and, upon conviction, shall be fined as provided in section 1.01.013. Each and every day during which any such private water company or person is or shall continue in default shall constitute a separate offense.
(c)
Any private water company, and any officer, manager, supervisor,
member or person in charge thereof, which or who, in reference to
any drinking water or service for same furnished or to be furnished
in the city or any request for any of same, shall:
(1)
Make, demand, or collect any charge for drinking water service or
drinking water furnished, or any late charge, or any deposit for such
service, or any connection charge for such service, or any charge
for extending lines, contrary to any provisions of this division.
(2)
Fail or refuse, or threaten to fail or refuse, to provide or continue
to provide drinking water service to any member of the public in the
city wholly or partly because of failure to pay or make, or shall
wholly or partly condition the continuation of establishment of any
such service or furnishing of water on the payment or making of any
charge, late charge, deposit, connection charge or charge for extending
lines which is contrary to any provisions of this division.
(3)
Terminate or discontinue drinking water service or furnishing drinking water, to a member of the public in the city, or shall fail or refuse to reestablish or establish same, or threaten to do any such, wholly or partly because of any failure to make or pay, or shall wholly or partly condition the continuation, establishment or reestablishment of drinking water service on the making or payment of any payment, charge or deposit of any kind or character, at a time when or under circumstances in which the termination or discontinuance of, or the failure to establish or reestablish, such drinking water service, wholly or partly on account of such failure to pay or make any such charge, payment or deposit, or the making of such continuation, establishment or reestablishment wholly or partly conditioned on the payment or making of such charge, payment or deposit, is prohibited by any of the terms or provisions of this division; shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.013. Each separate charge of any kind made, demanded or collected contrary to the provisions hereof shall be a separate offense; each day during which service is or remains terminated, discontinued or failed or refused to be established or reestablished contrary to the provisions hereof shall be a separate offense; each instance of threatening or conditioning contrary to the provisions hereof shall be a separate offense.
(d)
Any private water company, and any member, officer, manager, supervisor, or person in charge thereof, who or which shall commit any violation of any of the terms or provisions of this division, or shall fail or refuse to comply with any of the terms or provisions of this division, other than any such violation or failure or refusal to comply which is validly made an offense by any one or more of the provisions of this section, shall be guilty of a misdemeanor, and, upon conviction, shall be fined as provided in section 1.01.013.
(1996 Code, sec. 86-88)
