Chapter 13.04
WATER SERVICE SYSTEM
Sections:
13.04.010 Definitions.
13.04.020 Connection to city water system required.
13.04.030 Conditions of service.
13.04.040 Application for service.
13.04.050 Water mains and water connections.
13.04.060 Customer services.
13.04.070 Metered service—Tests.
13.04.075 Service call charge.
13.04.080 Water rates.
13.04.090 Notices.
13.04.100 Account payment—Delinquent accounts.
13.04.110 Discontinuance of service.
13.04.120 Access to property.
13.04.130 Responsibility for equipment.
13.04.140 Fire hydrants.
13.04.190 Water main extensions by private developers.
13.04.010 Definitions.
When used in this chapter, the following words and/or phrases shall have the meanings set forth in this section:
“Applicant” means a person applying for water service under this chapter.
“Business hours” means from eight a.m. to five p.m. on a business day.
“Customer” means an applicant whose application has been accepted by the city.
“Failed system” means an on-site water supply system whose well requires re-drilling or replacement; or has been condemned or declared unusable or failed by the Alaska Department of Environmental Conservation.
“PILA” means payment in lieu of assessment, a charge levied to allow property owners outside of an assessment area to participate in water system construction costs.
“Water connection” means that part of the water distribution system connecting the water main with the property line of the property being furnished the water service or with the property line of the nearest property abutting the water main if the water connection must first cross this abutting property to reach the property being served, or to the control valve where a keybox is unnecessary.
“Water extension” means that part of the water distribution system extending from the water connection into the premises served.
“Water main” means that part of the water distribution system intended to serve more than one water connection. (Ord. 08-29 § 16, 2008; Ord. 03-18(AM) § 2, 2003: prior code § 5.10.010)
13.04.020 Connection to city water system required.
A. Required Connection.
1. Except as required in subsection (A)(2) of this section, the owner of a newly constructed building, or an existing building on a lot served by a failed system, shall connect the building to the city water system if an easement or right-of-way adjacent to the lot either (a) contains a water main; or (b) is connected by continuous easements or rights-of-way to an easement or right-of-way that contains a water main, and the water main is within one hundred fifty (150) feet, measured in a straight line, from the nearest lot line of the lot.
2. A building need not be connected to the city water system if either (a) construction of a main line extension is required to provide water service to the building, or (b) the city water system does not have sufficient pressure or capacity to provide service to the building.
B. Charge for Failure to Make Required Connection. An owner of property that is required to connect to the city water system under subsection A of this section, and that is not connected to the city water system shall pay the city a charge equal to the monthly minimum for the type of service that would be furnished were water service supplied for each month until connection is made. This charge shall be levied upon and collected in the same manner as delinquent accounts under Section 13.04.100.
C. Segregation of Other Water Sources. All plumbing on property that has been connected to the city water system shall be completely segregated from any other water source, so that no water from another source may enter the city water system.
D. Private System Prohibition. No person may construct a private water system on a lot after the city has given notice under subsection E of this section that city water service is available to that lot.
E. Notice. Upon completion of the construction of a water main, the public works director shall give notice identifying the properties to which the construction has made water service available under subsection A of this section by certified mail to the record owner of each such property, and by publication for two consecutive weeks in a newspaper of general circulation in the city. The notices shall describe the requirement for connection to the city water system in subsection A of this section, and the monthly charge for failure to connect under subsection B of this section. (Ord. 08-05 § 2, 2008: Ord. 03-18(AM) § 3, 2003: prior code § 5.10.020)
13.04.030 Conditions of service.
A. Supply. Water service shall be provided by the city, which shall exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to customers in adequate pressure and to avoid, insofar as reasonably possible, any shortage or interruption in delivery. The city shall not be liable for damage resulting from interruption in service or lack of service. Temporary suspension of service by the city for improvements and repairs may be necessary. Whenever possible, and when time permits, all customers affected by such suspension will be notified.
B. Quality. The city will exercise reasonable diligence to supply safe and potable water at all times.
C. Ownership. All water mains, water connections, valves, fittings, hydrants and other appurtenances, except water extensions, shall be the property of the city, unless otherwise provided.
D. Classes of Service. The classes of service shall be residential and commercial. Residential service shall consist of water service that is supplied for domestic purposes to a single-family dwelling. Commercial service shall consist of water service that is not residential service. If water is supplied to a customer at the same premises both for domestic purposes in a single-family dwelling unit and for other purposes, the rate for commercial service shall apply for the combined usage.
E. Resale of Water. A customer may resell water only if the city permits resale in writing, such water has been metered and the customer is current with respect to all utility billings with the city. In times of water shortages, resale of water may not be allowed as determined by the public works director.
F. Service Preference. In case of a water shortage, the city may give preferences among customers as public convenience or necessity requires. No reduction in water service to customers within the city may exceed the reduction applicable to the same type of service for customers outside the city. (Ord. 03-18(AM) § 4, 2003: prior code § 5.10.030)
13.04.040 Application for service.
A. Application Form. Each applicant for water service shall sign an application form provided by the public works director, giving the date of application, location of the premises to be served, the date applicant desires services to begin, class of service, mailing address, the size of line required, and any other information requested. By signing the application, the applicant agrees to abide by this chapter and all policies or regulations promulgated hereunder. The application is a request for service and does not require the city to furnish service.
B. Amended Applications. Applicants or customers desiring a change in the size of line, class or location of service, or any change in equipment or operation, shall file an amended application. (Ord. 03-18(AM) § 5, 2003: prior code § 5.10.040)
13.04.050 Water mains and water connections.
A. Water mains within the water utility service area shall be installed in accordance with plans and specifications approved by the public works director.
B. Ownership. All water mains and appurtenances connected to the city water system shall become the property of the city, and shall be installed in accordance with plans and specifications approved by the city. All customers shall install meters at their own expense. Meters shall be furnished by the city at cost plus twenty-five (25) percent. The city is to maintain meters in normal operating condition, free of foreign matter in piping and/or factory defects. The customer is responsible to safeguard meters from all damage and breakage such as freezing, crushing, etc. The meter installations for a premises shall be subject to inspection and approval by the city before the city will furnish water to the premises.
C. Location. All water mains and water connections shall be on rights-of-way, easements or public property. All easements or right-of-way permits secured for water mains or water connections shall be obtained in the name of the city.
D. Keybox. The city shall install a keybox or valve at the end of the water connection. It shall be a violation of this chapter for the customer to operate, cause or permit unauthorized operation of the keybox or valve, except in the case of emergencies. (Ord. 03-18(AM) § 6, 2003: prior code § 5.10.050)
13.04.060 Customer services.
A. Water Extension. The water extension shall be owned, installed and maintained by the customer.
B. Service Connection Charges.
1. At the time an applicant files for water service where service has previously existed, or for a change in service, the applicant shall submit an application for service and a connection charge, which will cover the actual cost to the city of the connection, plus twenty-five (25) percent.
2. Where a new tap into a water main and the setting of a new keybox is required, the charge shall be the actual cost to the city for making the connection plus twenty-five (25) percent. The charges for service connections where the customer provides trench excavation, backfill, compaction and restoration of the surrounding areas to include traveled ways shall be as follows:
|
1.00′′ |
$400 |
|
1.50′′ |
$600 |
|
2.00′′ |
$650 |
|
4.00′′ |
$800 |
|
6.00′′ |
$1,000 |
|
8.00′′ |
$1,200 |
3. When a keybox is already set, the charge for inspection of pipe installation shall be one hundred thirty dollars ($130.00).
4. In addition to the other fees payable under this section, the first applicant for water service to a property shall pay a PILA equal to an the amount calculated for an off-site assessment in the manner provided for Assessment District 78-1.
C. Installation Procedure. The public works director shall promulgate regulations, specifications, orders or procedures governing the installation of water extensions. All water extensions and repairs, modifications or disconnections shall conform to the requirements of the Uniform Plumbing Code (current edition) and such regulations, specifications, orders, or procedures.
D. Joint Services Water Extensions. The city may, at its option, serve two or more premises or customers with one water extension; provided, that the joint water extension line shall be the same size that would be required for the largest individual water extension line that it would replace. No customer may provide a water extension to another customer except in accordance with the written approval of the public works director.
E. Number of Water Extensions on Premises. The owner of a single parcel of property may apply for and receive as many connections to water extensions as required, provided the application or applications meet the requirements of this chapter and the city’s standard specifications.
F. Temporary Water Use. The city may provide water service through temporary water extensions and water connections for a period not to exceed six months, unless an extension is granted by the public works director.
G. Customer’s Plumbing.
1. New Construction. Customer plumbing including the water extension lines and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water on property owned or controlled by the customer, shall comply with the Uniform Plumbing Code (current edition) and city standard specifications. In all new construction that is connected to the city sewer system, customer plumbing shall include an irrigation meter that measures the volume of water that is used for irrigation. An irrigation meter shall be subject to inspection and testing as provided in Section 13.04.070.
2. Existing Facilities. The city shall have the right to inspect existing facilities to make sure there are no cross connections or possibilities of contamination to the city water system.
H. Water Service Deposit. An applicant is not required to make a deposit to obtain water service. However, an applicant is required to pay all prior debts for water service, service connections, service calls and delinquent water special assessment installments that the applicant owes the city before receiving water service. The city may require a deposit not exceeding two months estimated usage from a customer who has been disconnected for nonpayment for water service or noncompliance with regulations. (Ord. 05-45 § 2, 2005; Ord. 03-18(AM) § 7, 2003: prior code § 5.10.060)
13.04.070 Metered service—Tests.
A. All customers shall install meters at their own expense, the meter to be furnished by the city and to remain city property. All meter installations shall be inspected and approved by the city before water will be furnished.
B. The city will test a meter at the request of a customer. If the meter is found to register
within two percent of accuracy, the customer shall pay a test fee of sixty-five dollars ($65.00). If the meter is found to register in excess of two percent fast or slow, the city will pay for the testing and will adjust the customer’s bill accordingly.
C. Meters cannot be used by more than one customer except as provided by written contract with the city. (Ord. 03-18(AM) § 8, 2003: prior code § 5.10.070)
13.04.075 Service call charge.
The charge for service calls on problems that are the customer’s responsibility shall be sixty-five dollars ($65.00) per hour for service calls that occur entirely during business hours, and ninety-seven dollars and fifty cents ($97.50) per hour with a one-hour minimum charge for service calls that include time outside of business hours. There shall be a thirty dollar ($30.00) charge for delivering a delinquency notice or a shut-off notice. (Ord. 03-18(AM) § 9, 2003)
13.04.080 Water rates.
A. Metered water service shall be furnished at the rate of four dollars and fifty-five cents ($4.55) per thousand (1,000) gallons, subject to a monthly minimum charge of twenty-two dollars and seventy-five cents ($22.75). Bulk water sales shall be subject to the prior approval of the water utility operator, and shall be metered and furnished at the rate of four dollars and fifty-five cents ($4.55) per thousand (1,000) gallons. A deposit of five hundred dollars ($500.00) is required for bulk water sales. The use of a hydrant for bulk water will require a rental rate of two hundred dollars ($200.00) per month for a meter and back flow prevention device provided by the city to the contractor. A deposit of two thousand dollars ($2,000.00) is required for the meter and back flow prevention device to connect to the hydrant. Temporary water service may be provided at a fee of one hundred and fifty dollars ($150.00) for each two weeks of temporary service, payable in advance.
B. In addition to usage charges under subsection A of this section, water customers shall pay the following facility charges to recover the cost of water system capital improvements:
1. Each customer who receives water service through an existing private or public water system that is taken over by the city shall pay an additional facility charge of eleven dollars and forty-five cents ($11.45) per month in lieu of off-site assessments and for other improvements that benefit individual lots. This facility charge shall be payable from the date that the city takes over the existing system until an amount has been paid for each premises receiving service through the existing system that is equal to the amount calculated for an off-site assessment in the manner provided for Assessment District 78-1. Where water service through such an existing system is available to a property that is not connected to the system, connection of the property will be conditioned on payment of the facility charges that otherwise would have accrued under this subsection to the date of connection. (Ord. 04-41(AM) § 2, 2004; Ord. 03-18(AM) § 10, 2003: prior code § 5.10.080)
13.04.090 Notices.
A. Notices to Customers. Notices from the city to a customer will be given in writing, and either mailed to or delivered to the customer at the customer’s last known address. Where conditions warrant and during emergencies, the city may notify the customer either by telephone or messenger.
B. Notices from Customers. Notices from customers to the city may be given by the customer or an authorized representative in writing at the office of the public works director.
C. Notice of Suspension for Repairs. Notices from the city to a customer providing for the suspension of service for the purpose of repairs shall be given to a customer in writing twenty-four (24) hours before the suspension commences, except in the case of emergencies. (Ord. 03-18(AM) § 11, 2003: prior code § 5.10.090)
13.04.100 Account payment—Delinquent accounts.
A. The city shall read water meters during the third week of each month and mail bills to the address provided by the customer. Bills shall be due on the fifteenth day of each month. Upon approval and prior arrangement with the city advance payments are acceptable.
B. Unpaid accounts become delinquent the day following the due date. A penalty of eight percent shall be added to all delinquent payments. The finance director may send a notice of account delinquency to each delinquent customer as soon as possible after the due date. On or after ten (10) calendar days after an account becomes delinquent, a turnoff notice shall be delivered to the customer. The notice shall state a date on or after which water will be turned off if the delinquent account has not been paid in full. Such date will be not less than two business days after the date of notice if the notice is delivered to the address receiving water service or not less than seven business days if the notice is mailed to the address of record of the customer. The delivery to the premises served or mailing to the address of record of the customer shall be considered a delivery to the customer. On or after the turnoff date, any agent of the city may turn off the water service to the delinquent customer. (Ord. 03-18(AM) § 12, 2003: prior code § 5.10.100)
13.04.110 Discontinuance of service.
A. On Customer Request. Each customer shall give the city written notice of the customer’s intention to discontinue water service at least two business days prior to the date service shall be discontinued. The customer shall be responsible for all water supplied to the premises until the later of the date two business days after the city receives the discontinuance notice from the customer and the date of discontinuance stated in the notice. Upon discontinuance of water service, a bill shall be rendered and payable immediately. In no case will the bill be less than the monthly minimum specified in the current water rate schedule for the class or classes of water service furnished.
B. Unsafe or Unlawful Customer Facilities. The city may refuse to furnish water and may discontinue water service to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe, or not in conformity with the plumbing regulations of the city.
C. Cross Connections Prohibited. No physical connection between the water service system and any other water source shall be permitted, and the city may discontinue services to any persons or premises where a cross connection exists without notice.
D. Other Reasons. The city may discontinue service to any customer, upon five calendar days’ written notice, for any of the following reasons:
1. Wasteful or negligent use of water;
2. Excessive use of water resulting in inadequate service to other customers;
3. Fraud or abuse by the customer;
4. Unauthorized turn on of water after discontinuance of water service by the city; and
5. Noncompliance with this chapter or any regulations, resolutions or orders issued pursuant thereto. (Ord. 03-18(AM) § 13, 2003: prior code § 5.10.110)
13.04.120 Access to property.
Upon proper notice, employees of the city shall have access at all reasonable hours to any and all parts and structures of the premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of the conduits and fixtures, and the manner and extent to which the water is being used. Such inspections are made solely for the benefit of the city, and the city has no duty to inspect the plumbing or equipment of a customer, to conduct an inspection in any particular manner, or to notify the customer of the results of any inspection. (Ord. 03-18(AM) § 14, 2003: prior code § 5.10.120)
13.04.130 Responsibility for equipment.
The city shall not be liable for any loss or damage caused by any defect in a customer’s water extension, plumbing or equipment, nor shall the city be liable for loss or damage due to interruption of service or changes in pressure. The customer shall be responsible for valves on the customer’s premises being turned off when the water service is turned on. (Ord. 03-18(AM) § 15, 2003: prior code § 5.10.130)
13.04.140 Fire hydrants.
A. Operation. No person or persons other than those designated and authorized by the city shall open any fire hydrant belonging to the city, attempt to draw water from it or in any manner damage or tamper with it.
B. Damage to Fire Hydrants. Any person who damages a fire hydrant shall be responsible for its complete repair and return to service. Any person damaging the fire hydrant shall be subject to penalties provided for in the city code.
C. Changes to a Fire Hydrant. No person may change the size, type or location of a fire hydrant without first obtaining written approval of the change from the city, and paying all costs of the requested change. (Ord. 03-18(AM) § 16, 2003; prior code § 5.10.140)
13.04.190 Water main extensions by private developers.
A. A developer considering extensions to the Wasilla water system shall retain an engineer registered as a professional engineer under the laws of the state of Alaska to do preliminary design and cost estimates. Once the preliminary steps have been accomplished the developer shall either:
1. Petition the city to form a special assessment area enabling the city to construct the improvements; or
2. Construct the improvements himself as set forth in subsections B through E of this section.
B. Authority. A private developer may extend a city water main only under the terms of a water main extension agreement with the city. The city will approve and accept a water main extension only if the extension conforms to city standards and specifications, the plans for the extension have been approved by the city and the state of Alaska, the developer has paid all fees and charges required for connection to the city water system, and the developer has signed the water main extension agreement. If the water main extension will benefit other properties, the water main extension agreement is subject to approval by the council.
C. Extension Agreement Fee.
1. A developer shall pay the city’s actual cost associated with the work the developer performs in a public place under a water main extension agreement. The city’s costs shall include administering the agreement, plan checking, surveillance and administrative overhead.
2. Prior to city approval of the construction of a water main extension under this chapter, the developer shall pay a deposit toward the city’s costs, based upon the estimated cost of the improvements to be constructed under the water extension agreement, as follows:
|
Estimated cost of improvements |
Deposit |
|
$34,000 or less |
$1,000 |
|
Over $34,000 up to $500,000 |
3% of estimated cost |
|
Over $500,000 |
$15,000 |
3. If at any time the city finds its actual costs exceed the total deposit received, the city may require the developer to pay the excess of the actual costs over the total deposit received. After the city finds the improvements meet municipal specifications, it shall determine its costs to date. If the costs exceed the total deposits received, the developer shall pay the balance to the city prior to final acceptance of the improvements. Deposits exceeding total costs shall be refunded to the developer. Deposits paid under this section shall be deposited in a separate account, disbursed only as authorized by this section and shall not bear interest.
D. Payment in Lieu of Off-Site Assessment Charges.
1. The developer shall pay the city a per square foot payment in lieu of improvement district off-site assessment for the developer’s benefit of perimeter water mains and facilities. The payment received shall be identical to the confirmed off-site assessment levied on property within Assessment District 78-1, or as changed by resolution of the city council.
2. If the city requires the developer to oversize the water system, the city shall credit the difference between the cost of eight-inch pipe and fittings actually required to serve the property and that which was installed against the payment required in subsection (D)(1) of this section.
3. All payments in lieu of assessment payable by the developer are a lien upon the property. The city shall release this lien upon the property, or any lot or parcel within the property, when the charges for the property, or the charges for any lot or parcel have been paid.
E. Water Service to Other Properties. After the city accepts a water system extension, other benefited properties may request service. When the city receives a request for water service from the owner of a benefited property, the person so requesting shall be responsible for the payment of a pro-rata share of the developer’s cost of constructing the on-site water distribution system, from the costs submitted by the developer and approved by the city, if the request is to connect to the water system within three years of the date of city acceptance of the water system extension occurring on or before June 26, 2005, or eight years of the date of city acceptance of the water system extension occurring thereafter. The city may act in the role of collecting and forwarding the moneys received from the connecting property owner to be reimbursed to the developer. However, the city accepts no responsibility or liability in the event of nonpayment by the connecting property owner of the amounts to be reimbursed to the developer pursuant to this section and may only agree to act in the limited role of collecting agent of the money to be forwarded to the developer. Any and all enforcement of payment of such amounts to be reimbursed shall be the right and the responsibility of the developer. Calculation of the pro-rata share of costs shall be made pursuant to city policy as set forth in relevant ordinances, council policies or both. The city shall also collect a payment in lieu of off-site assessments at the current rate as determined by the city council. (Ord. 05-83 § 2, 2005; Ord. 05-45 § 3, 2005; Ord. 03-18(AM) § 18, 2003; prior code § 5.10.190)