§ 44-289. Requirements for utilities providing water utility service within corporate limits.

(a)

Standards. The city hereby adopts by reference, with the same force and effect as if set out herein, Title 30, Texas Administrative Code, Chapter 290, Subchapters D (Rules and Regulations for Public Water Systems), E (Fees for Public Water Systems), and F (Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems), as promulgated by the Texas Commission on Environmental Quality ("TCEQ"), as these provisions may be applied to a public utility providing water service within the city and to the extent not inconsistent with other provisions of this section. The city manager may adopt additional regulations not inconsistent with this section in order to implement or clarify the application or effect of this section.

(b)

Reports. The utility shall provide to the city a copy of each periodic report or compliance records filed with any municipality or state or federal agency. The utility shall forward to the city a copy of each and every notice of violation or other letter or report from any state or federal agency with jurisdiction over the utility's operations that include, affect or address the utility's operations within the city, as well as any responses submitted by the utility.

(c)

Service obligations of utility. The utility's service obligations will be subject to, and will comply with, the statutory obligations of a retail public utility to provide customers with continuous and adequate service at rates that are just and reasonable. The utility shall assure continuity of service. The city acknowledges that the utility is required to comply with certain state standards for health and safety, including, but not limited to, the rules of the TCEQ. To the extent there is any conflict between complying with state standards and complying with city ordinances, the stricter standards shall prevail.

(d)

Accounts, records and reports.

(1)

Utility shall keep complete and accurate books of accounts and records of its business and operations within the city in accordance with generally accepted accounting practices.

(2)

Within seven business days after receipt of a request from the city, the utility will make its books and records pertaining to service provided within the city available for inspection and copying by the city at the utility's place of business in the city during regular business hours.

(3)

Utility shall furnish the city with record drawings of the existing system within the city, including updating record drawings with any additional facilities constructed.

(4)

Utility shall furnish the city with a copy of its adopted water conservation plan and its drought management plan and shall maintain such plans in a manner so as to be consistent with the city's plans of the same title.

(e)

Defaults and remedies.

(1)

Notice of violation. If the city has reason to believe that utility is in violation of federal or state law or regulations, or local regulations, the city shall notify the utility in writing of the alleged violation setting forth the nature of such alleged violation. Within 30 days of receipt of such notice, or such longer period specified by the city, the utility shall respond in writing that the violation has been cured or provide a cure plan or schedule or provide explanations in refutation or excuse with documentation to support that an alleged violation did not occur.

(2)

Cure period. Notwithstanding subsection (e)(1) above, the utility shall be allowed 90 days to cure violations after written notice is received from the city, by taking appropriate steps to comply with the terms of any lawful regulations. If the nature of the violation is such that it cannot be fully cured within 90 days, the period of time in which the utility must cure the violation shall be extended for such additional time reasonably necessary to complete the cure, provided that:

a.

The utility shall have promptly commenced to cure, and

b.

The utility is diligently pursuing its efforts to cure.

(f)

Utility construction, street cuts and bores. Utility shall be bound by all city ordinances that govern the placement, location, design and construction of water pipelines, equipment, infrastructure, fixtures, facilities, and related appurtenances in the city; and city ordinances that assist in the management of the public rights-of-way to the extent such are necessary to protect the public health, safety, or welfare, and are adopted pursuant to the city's police powers.

(g)

Penalties. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the Code of Ordinances.

(Ord. No. 11-27, §§ 1—7, 6-20-2011)