Chapter 13.08
UTILITY SERVICE

Sections:

13.08.010    Definitions.

13.08.020    Initiation of service – Connections – Fees.

13.08.030    Water and sewer connections –Required when – Septic tank specifications.

13.08.040    Water and sewer connections – Order to provide – Hearing.

13.08.050    Water and sewer connections – Order to provide – Noncompliance.

13.08.060    Water and sewer connections – Private systems.

13.08.070    Service outside city.

13.08.080    Customer maintenance responsibility.

13.08.090    Service discontinuance.

13.08.100    Service disconnection for cause.

13.08.110    City manager rule promulgation authority – Compliance required.

13.08.010 Definitions.

The following terms, as used in this chapter, have the following meanings:

A. “Utility connection” means that part of the water or sewerage system connecting the water or sewer main and the lot line of abutting property.

B. “Utility customer” means any party contracting to receive public water or sewer services, or other public utility services, from the city.

C. “Utility extension” means that part of the water system from the curb stop or property line to the building or premises served and that part of the sewer system extending from the connection to the building or premises served.

D. “Utility main” means that part of the water or sewerage system intended to serve more than one water or sewer connection. (Ord. 415 § 3, 1990; Ord. 122 § 2, 1965)

13.08.020 Initiation of service – Connections – Fees.

A. All utility customers shall execute service agreements with the city on forms supplied by the city prior to receiving or utilizing utility services.

B. Utility connections to city sewer and water mains shall be installed only by or under the direction of the city. The city shall bill the property owner for labor and materials, plus the fee established in the current, adopted budget.

C. No person shall install utility connections or extensions without first obtaining a written permit from the city manager or duly authorized agent. All installations shall comply with construction standards established by the city, and, before such installations are backfilled, the city manager or duly authorized agent must be notified, and the installation must be inspected and approved.

D. No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such connection.

E. Monthly service fees for utility services shall be established by the city manager subject to the approval of the city council.

F. The water and sewer permit fee established in the current, adopted budget shall be paid to the city for each connection to the sanitary sewer system and public water supply.

G. There shall be one water utility service connection and one meter per residential dwelling unit and new building of an occupancy other than a dwelling unit.

H. For all land that is subdivided or replatted inside the city limits but outside the following described area, there shall be the fee established in the current, adopted budget charged per acre, or proportion thereof:

The city located in Sections 3, 4 and 5, Township 17 north, Range 2 east, Seward Meridian and Sections 28, 32, 33, and 34, Township 18 north, Range 2 east, Seward Meridian, Alaska Third Judicial District, Palmer Recording District, and more particularly described as follows:

Beginning at the corner common to Sections 28, 29, 32 and 33, Township 18 north, Range 2 east, Seward Meridian, Alaska, thence along the section line common to said Sections 28 and 29 north 630.00 feet, thence east 325.00 feet, thence N 85°56′02″ E 75.14 feet, thence N 85°56′04″ E 210.61 feet, thence south to the section line common to said Sections 28 and 33 650.37 feet, thence along said line S 89°59′23″ E 1,353.87 feet to the center of track of the Alaska Railroad, thence S 13°05′11″ W along said center of track 430.16 feet, thence S 89°58′56″ E 1,466.12 feet, thence N 00°13′ W 190.58 feet, thence meandering the Matanuska River as shown on plat 71-84, Palmer recording office, east 82.25, thence N 84°30′ E 58.08 feet, thence S 86°54′ E 201.30 feet, thence S 85°00′ E 209.22 feet, thence S 07°30′ E 176.88 feet, thence S 27°52′20″ E 102.60 feet to the section line common to said Sections 33 and 34, thence along said line S 00°05′ E 588.98 feet to the north 1/16 corner, thence continuing along said line S 00°05′ E 1,320.68 feet to the 1/4 corner common to said Sections 33 and 34, thence S 89°59′ E along the center section line of said Section 34 674.08 feet, thence S 00°05′ E 1,253.45 feet, thence east 300.20 feet to a meander line of the Matanuska River, thence upon said meander line S 17°00′ W 304.17 feet, thence continuing upon said meander line S 03°15′ W 60.10 feet, thence S 87°56′07″ W 235.03 feet, thence S 16°15′30″ E 348.02 feet, thence S 04°03′43″ W 694.82 feet to the section line common to said Sections 3 and 34, thence S 89°58′57″ E 95.92 feet, thence S 00°11′ E 1,012.25 feet, thence S 89°59′ E 279.95 feet to the said meander line, thence upon said meander line S 10°45′ W 154.10 feet, thence continuing upon said meanders S 04°30′ W 270.60 feet, thence S 21°30′ E 323.40 feet, thence S 27°15′ E 239.58 feet, thence S 27°30′ E 153.78 feet, thence S 25°15′ E 116.82 feet, thence S 30°00′ E 130.68 feet, thence S 26°15′ E 275.22 feet, thence S 32°45′ E 127.38 feet, thence S 35°30′ E 318.78 feet, thence S 27°15′ E 147.18 feet, thence S 33°15′ E 1,094.40 feet, thence leaving the said meanders, N 89°59′ W 1,144.95 feet, thence S 00°11′ E 1,320.00 feet to the section line common to Sections 3 and 10, Township 17 north, range 2 east, Seward Meridian, Alaska, thence upon said section line N 89°59′ W 1,320.00 feet to the section corner common to Sections 3, 4, 9, and 10, Township 17 north, Range 2 east, Seward Meridian, thence along the section line common to said Sections 4 and 9, S 89°58′ W 1,637.99 feet, thence N 00°13′ W 2,141.01 feet, thence N 89°55′ W 1,000.00 feet to the center section line of said Section 4, thence along said centerline N 00°13′ W 500.00 feet to the center 1/4 corner of said Section 4 S 89°58′16″ W 982.23 feet, thence S 00°14′ E 1,322.23 feet, thence N 89°57′37″ W 340.00 feet to the SW 1/16 corner of said Section 4, thence S 00°14′09″ E 1,321.50 feet to the W 1/16 corner common to said Sections 4 and 9, thence on the section line common to said Sections 4 and 9, N 89°55′24″ W 1,320.62 feet to the section corner common to said Sections 4, 5, 8, and 9, thence along the section line common to said Sections 4 and 9, N 89°59′27″ W 1,945.14 feet, thence N 32°58′57″ E 3,147.78 feet, thence N 32°59′17″ E 401.53 feet, thence N 32°59′11″ E 289.57 feet, to the beginning of a curve, concave to the southeast having a radius of 2,964.79 feet, thence northeasterly 820.55 feet along said curve through a central angle of 15°51′27″ thence S 89°59′08″ W 507.61 feet, thence S 89°58′58″ W 1,320.07 feet to the northeast 1/16 of said Section 5, thence N 00°12′14″ W 1,320.40 feet, thence N 00°08′44″ W 2,642.47 feet to the EC 1/16 corner of said Section 32, thence N 89°55′59″ E 1,320.71 feet to the 1/4 corner common to said Sections 32 and 33, thence N 00°07′50″ W 2,638.27 feet to the point of beginning.

Excluding the following described parcels:

Parcel A: Commencing at the center 1/4 corner, Section 33, Township 18 north, Range 2 east, Seward Meridian, Alaska, thence S 89°59′10″ E 661.00 feet to the true point of beginning; thence S 00°10′24″ E 250.42 feet, thence N 89°57′03″ W 1,338.50 feet, thence S 00°10′24″ E 1,071.03 feet, thence east 1,339.61 feet, thence S 00°10′24″ E 2,391.43 feet, thence S 89°59′ E 709.60 feet, thence N 00°13′ W 1,070.00 feet, thence N 89°59′ W 80.01 feet, thence N 00°07′35″ W 2,641.75 feet, thence N 00°07′42″ W 1,320.36 feet, thence N 89°59′35″ W 633.09 feet, thence S 00°10′24″ E 1,320.29 feet to the true point of beginning, containing 107.718 acres more or less.

Parcel B: Commencing at the center 1/4 corner, Section 33, Township 18 north, Range 2 east, Seward Meridian, Alaska, thence S 89°59′11″ E 1,698.98 feet to the true point of beginning, thence S 89°59′48″ E 330.00 feet, thence N 00°13′ W 660.02 feet, thence west 330.00 feet, thence S 00°13′ E 660.00 feet to the true point of beginning, containing 5,000 acres more or less.

The aforesaid described parcel of land less the above described parcels A and B contains 1,408.547 acres more or less.

I. The fee for sewer and water utility connection abandonment shall be as established in the current, adopted budget. The city shall make the service disconnects at the utility main. (Ord. 07-029 § 25, 2007; Ord. 482 § 3, 1995; Ord. 450 § 3, 1992; Ord. 431 § 3, 1991; Ord. 248 § 3, 1982; Ord. 176 § 1, 1973; Ord. 122 § 3, 1965)

13.08.030 Water and sewer connections –Required when – Septic tank specifications.

A. No person shall erect any dwelling or commercial or industrial building without providing sewerage facilities and connection to the city sanitary sewer; provided, that such connection need not be made if the premises are located further than 150 feet from the city sanitary sewer as measured in a straight line from the sanitary sewer to the nearest exterior lot line; and provided further, that it shall be unlawful to erect any such structure where city sewer service is not available within 150 feet unless the proposed sanitary facilities shall have been approved by the city manager or his duly authorized agent as providing adequate disposal of wastes. Such officer, in making his decision, shall consider the terrain and drainage of the area as well as technical compliance with the specifications for septic tanks, and no building plans shall be approved unless the sanitary facilities have first been approved.

B. After September 1, 1966, for sanitary sewer and after October 15, 1973, for public water supply, no person shall occupy, and no person shall own, maintain or control, any structure or premises used as a home, apartment or other living quarters unless the structure is connected to the city sanitary sewer and public water supply; nor, after such dates, shall any person occupy or maintain or control any structure or premises used for any commercial, industrial or business use unless such structure is connected to the city sanitary sewer and public water supply (unless such structure is part of an integrated business enterprise in the immediate area and one or more of the other structures used by such enterprise are serviced by city sanitary sewer and public water supply); provided, however, that provisions of this subsection shall not apply if the sanitary sewer (or public water supply, as the case may be) nearest the premises is more than 150 feet distant, as measured in a straight line, from the sanitary sewer, or public water supply, to the nearest exterior lot line.

C. All septic tanks now in use or hereafter constructed within the city shall meet specifications established by the city manager and the Alaska Department of Environmental Conservation, and no septic tank shall hereafter be constructed without obtaining a written permit from the city manager or his duly authorized agent. Vaults, privies and cesspools shall not be approved as adequate sanitary facilities.

D. Subsections (A) and (B) of this section notwithstanding, a residential dwelling no larger than a two-family dwelling, located on a parcel having an area of at least 20,000 square feet shall not be required to be connected to the city sanitary sewer system or water distribution system; provided, that the city manager has granted a written waiver from the applicable requirements of subsections (A) and/or (B) of this section. Regarding water, the city manager shall not grant such a waiver unless the owner has proved to the city manager that the on-site water system complies with Alaska Department of Environmental Conservation regulations. Regarding sewer, the city manager shall not grant such a waiver unless the owner (1) has proved to the city manager that the construction and operation of the on-site wastewater system has been approved by the Department of Environmental Conservation; and (2) the owner has entered into an agreement with the city under which the owner agrees to regular maintenance of the on-site wastewater system. The agreement with the city must run with the land and must be duly recorded. All costs of maintenance, inspection, recording, etc., will be at the owner’s expense.

E. If a city sanitary sewer or water main is extended to allow connection to a property previously exempted from the requirement to connect to city utilities under subsection (D) of this section, the property owner of the excepted property shall be responsible for the portion of the costs for that improvement based upon an allocation of special assessment costs as calculated in accordance with the then-current method for allocating such costs.

F. If the city sanitary sewer is extended to allow connection to a property previously exempted from the requirement to connect to city utilities under subsection (D) of this section, all dwellings on that property shall be connected at the owner’s expense to the city sewer if the on-site wastewater system fails, as determined by inspection, and there is not sufficient other area on the property to construct a permitted replacement on-site wastewater disposal system. (Ord. 578 §§ 3, 4, 2001; Ord. 176 § 2, 1973; Ord. 122 § 4, 1965)

13.08.040 Water and sewer connections – Order to provide – Hearing.

The city manager shall order connection of any premises to the city sanitary sewer or public water supply only if such premises are within 150 feet of a sanitary sewer or public water supply. The owner or his representative shall be given 15 days to comply with any such order or to appeal such order to the city council. If the owner of the premises files a written appeal with the city council within 15 days of service of the city manager’s order upon him, the council shall hold a hearing. At such hearing, if substantial evidence of actual or potential danger to the public health arising out of failure to connect with the sanitary sewer or public water supply is shown, the council shall order connection of the premises to the city sanitary sewer or public water supply. (Ord. 176 § 3, 1973; Ord. 122 § 5, 1965)

13.08.050 Water and sewer connections – Order to provide – Noncompliance.

If the owner has not complied with the city manager’s order within 15 days after receipt thereof and has not appealed to the city council, the city manager or his duly authorized agent may deny use of the structure to all persons until the requirements of the order have been met. Likewise, if, following hearing before the city council, the owner has not complied with the city council’s order for a period of 15 days, the city manager shall likewise take such action. (Ord. 122 § 6, 1965)

13.08.060 Water and sewer connections – Private systems.

A. No person shall construct any private utility main which will be served directly or indirectly by the city water or sewerage system without first obtaining a written permit from the city manager or his duly authorized agent and paying such fee and proceeding in accordance with such regulations as have been established by the city manager and approved by the city council.

B. No person shall install any utility connection to any private utility main which will be served directly or indirectly by the city utility systems without first obtaining a written permit from the city manager or his duly authorized agent and conforming with the conditions thereof. (Ord. 122 § 7, 1965)

13.08.070 Service outside city.

A. After the effective date of the ordinance codified in this chapter, no property located outside the limits of the city shall be served directly or indirectly by the city utility systems unless such connection has been authorized by the city council, either in the individual case or as part of a utility extension specifically authorized by the council.

B. Each single-family residence which is outside the city and connected to the city utility system shall be charged a monthly service charge as established by the city manager and approved by the city council. The charge shall be the obligation of the owner of the premises served by the city utility. If the premises are occupied by a person not the owner, that person shall be jointly and severally liable for the monthly service charge with the owner. Said service charge shall become effective for the first full calendar month of service after service is commenced. Failure to pay the service charge when due gives the city the right to immediately discontinue utility services to any residence upon which such charge is unpaid. Discontinuance of service in no way affects the city’s right to enforce collection of past due charges.

C. The city manager is authorized and directed to establish monthly service charges for utility services to other types of structures outside the city which are hereafter connected to the city utility system. The charge established by the city manager shall be based on the single-family residence charge as modified to reflect greater or lesser utility use, as the case may be. The charge shall be the obligation of the owner of the structure so served. If the occupant is not the owner, the occupant shall be jointly and severally liable for the charge with the owner. The city may discontinue utility services to any structure when the service charge is due and unpaid.

Discontinuance of utility services does not affect the right of the city to enforce collection of delinquent service charges. (Ord. 122 § 8, 1965)

13.08.080 Customer maintenance responsibility.

Customers shall be responsible for all utility extensions. From time to time, as city equipment and personnel are available, upon request by the customer, the city may assist the customers in performing maintenance, charging such customer for such assistance. (Ord. 421 § 3, 1991; Ord. 122 § 9, 1965)

13.08.090 Service discontinuance.

The city may at any time without notice discontinue utility services for repairs and the like without liability for resultant loss or damage. Public notice of service interruptions will be given whenever possible, but the city shall not be bound to do so. (Ord. 122 § 10, 1965)

13.08.100 Service disconnection for cause.

The city reserves the right to disconnect the service and to remove its meters and other appliances whenever any utility bill is not paid when due, or to prevent fraud, or for any cause the city manager may deem sufficient; provided, the city may not disconnect utility service without first sending or otherwise providing the customer notice of intended termination along with information on procedures to contest the termination. (Ord. 525 § 9, 1997; Ord. 122 § 12, 1965)

13.08.110 City manager rule promulgation authority – Compliance required.

The city manager is empowered, subject to approval by the city council, to make such rules and regulations, not in conflict with the provisions of this chapter, relative to utility mains, connections and extensions which will be served directly or indirectly by the city utility systems, as are necessary to protect public property or the safety or health of the public, and no person shall fail to comply with any such rule or regulation. (Ord. 122 § 11, 1965)