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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)