13.36.030 Definitions.
As used in this Chapter, the following words and terms shall have the meaning herein indicated:
“Applicant” means any person in the Clare Road Area who makes an application for a connection permit to connect to the Project.
“Area” or “Clare Road Area” means that Area within the City limits of the City of Olathe and outside of such City limits that will be served by the main waterlines and appurtenances thereto, which is described on the Legal Description attached hereto and incorporated herein by reference as Exhibit A and which is shown on the Map attached hereto and incorporated herein by reference as Exhibit B. To the extent of any conflict between the Map and the Legal Description, the Legal Description shall control.
The area includes all properties which can be served by the project, including properties presently outside of the City limits. Connections to the Project by Applicants outside of the City limits shall be permitted only upon or after annexation of such property to the City, unless otherwise provided by a written agreement requiring immediate connection to City water service once the City provides such service to the Applicant’s property line.
“Extra capacity facilities” means improvements to the City-wide potable water system that provide increased capacity to serve new or expanded development.
“Fee” or “Clare Road waterline buy-in connection fee” means the Fee imposed on Applicants for development within the Area which represents a monetary exaction calculated on a pro-rata basis, by acreage, to be paid for connection to the Project so as to defray the costs of the Project, including principal and interest associated with constructing the Project. The Fee is in addition and supplemental to all other fees and charges otherwise imposed on Applicants, including but not limited to building permit fees, fees for a certificate of occupancy, tap fees and any other applicable charges or exactions, each of which is for a different service.
“Person” means an individual, joint tenants, tenants in common, partnership, corporation or any other legal entity which owns property in the Area.
“Project” means the design, engineering and construction of the Clare Road Waterline, 111th to 119th Street, Project No. 5-C-074-10 of the City, which includes approximately 4,150 L.F. of 12" DIP waterline from 112th Street to 119th Street along Clare Road and approximately 5,010 L.F. of 8" DIP waterline from Clare Road to Cedar Creek Wastewater Treatment Plant, along 119th Street. The Project is required to provide potable water to the public and to Cedar Creek Wastewater Treatment Plant.
“Tap fee” means the nominal fee charged by the City to reflect the cost incurred by the City for inspection of an Applicant’s actual connection to City waterlines.
“Water main” means any public water main installed on public right-of-way or utility easement in accordance with City requirements and that has been accepted by the City as a public water main.
“Water service connection” means any connection of a private waterline into the City’s water system, including a fire line connection. All Water Service Connections shall be made in accordance with Section 13.05.070 of the Olathe Municipal Code.
“Water service connection permit” means the permit required for connection to the City’s potable water system, which requires the payment of a “tap fee” and system development fee as set forth in City of Olathe Municipal Code. (Ord. 09-66 § 1, 2009.)