Chapter 13.08
ADMINISTRATIVE PROVISIONS

Sections:

13.08.010    Utility services.

13.08.020    Management of the water and sewer utilities.

13.08.030    Basis of the City utility rate structure.

13.08.040    Property of the City water and sewer utilities.

13.08.050    Disposal of utilities, utility-owned material or equipment.

13.08.060    Authorized operations and maintenance personnel.

13.08.070    Right of inspection and access.

13.08.080    Service to areas outside City limits.

13.08.090    Service to areas outside existing assessment districts.

13.08.100    Force majeure.

13.08.010 Utility services.

A.    The North Pole Utility provides a pressurized, piped water supply used by the citizens as a potable water supply and firefighting source of water. The City sewer utility provides a piped wastewater collection, treatment and disposal service in a manner which safeguards the health of the citizens and protects the area’s environment.

B.    All utility improvements shall be in accordance with Alaska Department of Environmental Conservation requirements; edition of the Uniform Plumbing Code adopted by the City Council; North Pole Utility standards of construction and the service line requirements; and a written agreement between the City and developer that includes approved plans produced by a professional engineer registered in the State of Alaska. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 15-05 § 2, 2015; Ord. 12-01 § 2, 2012; Ord. 00-16 § 2, 2000; Ord. 82-8 § 1.B, 1982)

13.08.020 Management of the water and sewer utilities.

A.    The management of the North Pole Utility, including billings, accounting and collections, review of applications for utility services, preparation of contracts for utility service, and enforcement of the rules and regulations of the utilities as established in the ordinance codified in this title, shall be the responsibility of the Mayor or Mayor’s designee.

B.    The operation and maintenance of the utility system, including the maintenance and repair of equipment, supervision of improvements to the systems, maintenance of records of operations and development of an annual operating budget, shall be the responsibility of the Director of City Services.

C.    Copies of all rates, rules and regulations which have been approved by the Council shall be filed and maintained by the City Clerk and shall be open for inspection by the public at the office of the Clerk. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.C, 1982)

13.08.030 Basis of the City utility rate structure.

The rate structure for the City utility services is set so as to make the North Pole Utility self-perpetuating without profit accumulation. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.D, 1982)

13.08.040 Property of the City water and sewer utilities.

All equipment, meters, pipes, regulators, pumps, structures and other contrivances supplied by the North Pole Utility shall remain the property of the North Pole Utility and may be removed whenever the City Council elects. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.E, 1982)

13.08.050 Disposal of utilities, utility-owned material or equipment.

The City may sell, lease or otherwise dispose of a municipal utility, utility-owned material or equipment as per Section 13.4 of the City Charter. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.F, 1982)

13.08.060 Authorized operations and maintenance personnel.

Only City employees and contractors approved by the Mayor or Mayor’s designee are authorized to install, repair, remove, inspect or exchange any portion of the City utility system. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.G, 1982)

13.08.070 Right of inspection and access.

A.    Right of Inspection. The North Pole Utility reserves the right to perform an inspection of the customer’s premises at any time it deems necessary to determine that all piping, fixtures and related utility structures are in proper operating condition. Such inspection shall be performed during normal business hours unless an emergency exists which may jeopardize the utility system or the health and welfare of the citizens or the environment.

B.    Right of Access.

1.    The North Pole Utility reserves the right to access a customer’s premises to disconnect the customer’s water service in the event the account has become delinquent.

2.    Tampering with the North Pole Utility disconnection devices shall result in a fine of $500 (five hundred dollars) and/or termination of water utility service. Customer shall also be liable for the cost to repair and/or replace any damaged North Pole Utility equipment, as well as service charges. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 08-25 § 2, 2008; Ord. 82-8 § 1.H, 1982)

13.08.080 Service to areas outside City limits.

If not within the corporate limits of the City, a property owner can make application to the City for North Pole Utility service provided they are within the North Pole Utility’s Alaska Regulatory Commission authorized service area. As a condition of service, the property owner must agree, in writing, to the rules and regulations of the North Pole Utility. The Mayor or Mayor’s designee will review all applications for utility service from property owners not within the corporate limits and reserves the right to refuse service to such applicants. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 82-8 § 1.I, 1982)

13.08.090 Service to areas outside existing assessment districts.

A.    To the extent that a property or portion thereof is not levied an assessment from an existing assessment district, a tie-in fee shall be charged upon application to the City for connection to the North Pole Utility.

B.    Tie-In Charge Rates. Water and sewer tie-in fees shall be the following:

Water service line size

Water tie-in & inspection fees

Sewer tie-in &
inspection fees

3/41 inches to 2 inches

$250

$250

Greater than 2 inches up to 4 inches

$300

$300

Greater than 4 inches

$350

$350

1.    The service line requirements require installation of 1 inch or greater service lines. Existing 3/4 inch existing service lines are grandfathered in.

C.    Application and payment in full of the tie-in charge shall be made before any construction commences. All construction shall be in accordance with Chapter 13.12 NPMC. The tie-in charge includes the inspection fee.

D.    Private Wastewater Disposal.

1.    Where a public sewer is not available under the provisions of this code the building sewer shall be connected to a private wastewater disposal system complying with the same provisions and applicable City, State and Federal requirements.

2.    Upon completion of construction of a sewer system extension in an area, the City shall publish a notice that sewer service is available to serve the property owners of that area.

a.    The owner of a property located within the corporate City limits of the City of North Pole and served by a private wastewater disposal system shall have installed or cause to be installed, at the property owner’s expense, a connection to the public sewer within no less than two years from the date such sewer service is declared to be available, or any other timetable as prescribed by City Council or City code (NPMC 13.20.020). Prior to the sale of a property served by a private wastewater disposal system, hookup to the wastewater service is required when available. The connection shall be of a type and installed in a manner consistent with this chapter. Monthly wastewater fees as established by City code shall begin at time of such connection.

b.    The owner of a property located outside of the corporate City limits of the City of North Pole may connect to a sewer system extension provided they are within the North Pole Utility’s Alaska Regulatory Commission authorized service area. Connection to the sewer system shall be at the property owner’s expense. The connection shall be of a type and installed in a manner consistent with this chapter. Monthly wastewater fees as established by City code shall begin at time of such connection. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-01 § 2, 2012; Ord. 11-05 § 2, 2011; Ord. 08-25 § 2, 2008; Ord. 01-03 § 2, 2003; Ord. 00-16 § 2, 2000; Ord. 00-08 § 2, 2000; Ord. 99-18 § 2, 1999; Ord. 83-5, 1983; Ord. 82-8 § 1.J, 1982)

13.08.100 Force majeure.

A.    The City of North Pole shall not be liable for any failure, losses – physical or economic, interruption of service, sewage backup, flooding, claims or suits arising from force majeure events.

1.    Definition of Force Majeure. “Force majeure event” means an event beyond the control of the City including but not limited to:

a.    Act of nature such as, but not limited to, fire, explosion, earthquake, volcanic eruption, freezing, pandemic, and flood;

b.    War, hostilities, whether war be declared or not, invasion, act of foreign enemies, mobilization, requisition or embargo;

c.    Rebellion, revolution, insurrection, military or usurped power, or civil war;

d.    Labor actions within the City or outside of the City;

e.    Contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

f.    Willful or accidental contamination of the water supply or distribution system with hazardous, toxic or foreign compounds or contaminates, including biological contaminates, through the act of a third party;

g.    Riot, commotion, strikes, go slows, lockouts or disorder;

h.    Acts or threats of terrorism;

i.    National, State or Borough mandates or directives;

j.    Serious economic disruption or failure of the National, State or Borough economy; or

k.    Disruption or loss of critical utility services including but not limited to electric, natural gas, or fuel. (Ord. 20-10 § 2, 2020)