§ 10.04.060 EXTENSION OF PRIMARY UTILITY SERVICES.
   (A)   General. Upon application to the City and approval by the City Council, primary electric, water, and wastewater utility services may be extended by the City or by private developers along any public right-of-way and/or easement. Please refer to § 10.04.035. The methods by which utility extensions may be accomplished are as follows:
      (1)   Extensions by the City may be done either by use of general taxes, utility revenues, bonds or grant funds, or by assessment of individual property owners for all or a portion of the costs of the extension through the creation of a Special Assessment District (also known as Local Improvement Districts or LID’s) pursuant to AS 29.46 and Chapter 6.16 of this Code.
      (2)   Private extensions may be accomplished by private developers who are willing to privately finance the utility extension.
   (B)   Utility extensions by City.
      (1)   Non-assessed utility extensions by City. Upon determining that an electrical, water, or wastewater utility extension will benefit the community or the utility system, the City may, at its discretion, and upon its own initiative, extend any part of its utility system(s) without assessing individual property owners.
      (2)   Assessed utility extensions by City. Pursuant to AS 29.46 and Chapter 6.16, the City may create a special assessment district and levy assessments against real property to be benefitted by the improvement for all or a portion of the cost of acquiring, installing, designing and/or constructing capital improvements.
   (C)   Utility extensions by private developers. The following shall be followed by a private developer desiring to extend or expand a City utility system.
      (1)   Written request. The developer shall file with the City a written request to extend or expand a City utility system.
      (2)   Contract. The developer shall be required to sign a contract that addresses the following provisions for construction of the utility extension:
         (a)   Design and construction costs. If the proposed utility extension is approved, the developer shall provide and pay for all design, professional engineering, labor, materials, equipment, full-time inspection services by a professional engineer, and other costs related to the design and construction of the requested utility extension. All plans, specifications and construction contracts shall be subject to approval by the City and shall be in compliance with all applicable City standards.
         (b)   Bond required. The developer shall post performance and payment bonds to assure completion of the project free of all encumbrances and shall, before acceptance of the utility system by the City, post a bond for assuring a one (1) year guarantee against defects in workmanship or materials. During the one (1) year guarantee period, the City shall notify the developer of any defects, and the developer shall make timely corrections or repairs as needed, provided, however, that in the case of emergency repairs, the City may make repairs and be reimbursed by the developer. Repairs made by the developer during the one (1) year guarantee period shall be guaranteed by the developer for one (1) year from the date the repair is made.
         (c)   As-built drawings required. As-built construction drawings shall be submitted by the developer to the City within thirty (30) days of completion of construction, and prior to acceptance of the project. The as-built drawings must be in electronic format as specified by the City and shall be verified by field survey by an Alaska-licensed professional engineer at the developer's expense. During the course of construction, City personnel are to be provided site access for the purpose of observation and inspection.
         (d)   Ownership. Ownership of all utility lines and facilities within the easements or rights-of-way shall become the property of the City after construction of the utility system has been completed and the City has accepted the project. The system(s) will thereafter be maintained by the City, subject to the one (1) year bond against defects in workmanship and materials.
         (e)   Testing. The City shall witness the testing of any utility installation. The City shall assess a fee for witnessing the testing of the utility installation on the basis of time and materials. In the event repeated tests are necessary to approve and certify the system, a fee to witness the tests shall be charged to the developer on the basis of time and materials for each additional test. The City shall also assess a fee for any additional inspection which is done by the City in connection with the utility system installation.
      (3)   Expanded capacity. The City may, at its discretion, require the developer to install higher capacity water or sewer lines or facilities than are required to serve just the developer's needs. In the event that the City requires a higher capacity line or facility than is needed by the developer, the City shall reimburse the developer for the additional costs associated with the larger line.
(Ord. No. 2001-05, passed 5-8-01; Am. Ord. 2005-18, passed 10-5-05)