(1) Upon the appointment of the commissioners as provided in this subchapter, the mayor and city council shall execute such instruments and enact measures as may be necessary to vest complete charge of the municipally owned waterworks and distributing system in the commissioners appointed under this subchapter.
(2) Upon their failure to do so, mandamus may be maintained against them, or any one of them, in any court of competent jurisdiction by any taxpayer of the city wherein is located the waterworks and distributing system in question.