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:
Drinking water.
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.
Private water company.
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.
Sanitary.
Any condition of good order and cleanliness which precludes the probability of disease transmission.
Water supply.
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.
(F) 
Commencing not later than 15 days after the effective date of Ordinance 105-A, file, and thereafter keep at all times currently on file, with the city secretary, a written statement of such private water company giving the information required by section 18.02.065.
(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.
(4) 
Net income is the total revenue of the utility less all reasonable and necessary expenses as determined by the city. The regulatory authority shall determine expenses and revenues in a manner consistent with subsections (5)–(8) of this section.
(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:
(1) 
The required deposit (not to exceed the amount specified in section 18.02.069);
(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)