13.30.010 Purpose and Intent.
(A) Purpose. The Upper Cedar Creek Sanitary Sewer Buy-In Connection Fee (“Fee”) has been established and will be imposed for the purpose of creating a source of funds to (1) pay back principal and interest on a Kansas Water Pollution Control Revolving Fund (KPCRF) loan (“Revolving Fund Loan”) for the Upper Cedar Creek Main Sewers, Project No. 14394C requested by the City of Olathe (“City”) from the State of Kansas Department of Health and Environment (“KDHE”) in order to construct a main trunk sewer line and appurtenant sanitary sewer system facilities necessary to provide sewage disposal service to the Upper Cedar Creek Drainage Area (“Area”) and/or (2) reimburse the City for principal and interest payments made on the revolving fund loan.
(B) Intent. The City finds that a Sanitary Sewer Buy-In Connection Fee will best enable the City to extend the necessary sanitary sewer system to the Upper Cedar Creek Drainage Area which currently is not served by sanitary sewer but, in which there is existing development that is in need of sanitary sewer to prevent private sewage disposal system, septic tank and holding tank failures, and in which the City anticipates significant new development that will require sanitary sewers in order to develop.
Therefore, in order to promote and protect the public health, safety and welfare of residents and property owners within the area and in the City as a whole, the City intends to: (1) provide the necessary sanitary sewer system to the entire Area through the construction of a main trunk sewer line and appurtenant facilities; (2) establish the cost thereof; (3) allocate the cost on a per acre basis within the Area to reflect the relative (pro rata) need for the sanitary sewer system by such properties and to ensure that such properties receive reasonable benefits therefrom; (4) collect such fee in full at the time of connection to the sanitary sewer system; (5) restrict the use of the fees collected to repayment of the principal and interest on the revolving fund loan or to reimbursement to the City for payments of principal and interest on the revolving fund loan; and (6) ensure that all applicable legal standards and criteria are properly incorporated herein.
(C) Legislative Intent. The City’s intent is to exercise its police power to establish a fee for the provision of an essential service in an amount sufficient to fund the capital improvements necessary to provide the service to the defined geographic area which will benefit from the provision of the service and in which such service is presently not provided.
(D) Findings.
(1) The City has undertaken studies to determine the most cost effective manner in which to provide sanitary sewer service to the Upper Cedar Creek Drainage Area, including, but not limited to, considerations of current growth and development in the area, estimated future growth and development, capacity analyses, estimated peak flows, the effects of infiltration and inflow and flow monitoring.
(2) The City finds that the allocation of the costs of providing such sanitary sewer service to the defined geographic area, much of which is presently undeveloped and in which ultimate uses, densities/intensities and types of development are presently unknown, will be best met by utilizing a per acre fee which equitably spreads the costs of the sanitary sewer system throughout the defined geographic area.
(3) The City further finds that, because the per acre fee is imposed and collected only at the time of connection to the sanitary sewer system, is a one-time charge, is imposed against a person seeking connection and not against the property itself, is voluntary (only imposed if connection is applied for and made) and reflects only the actual cost of providing the service, the fee has none of the characteristics of and, therefore, is not a tax nor a special assessment.
(4) The City has, by virtue of the passage of Resolution No. 94-1127 on October 4, 1994, authorized the Upper Cedar Creek Main Sewers project, and designated funding for engineering from the City Water and Sewer Fund in the amount of $200,000.00.
(5) The City has, by virtue of the passage of Resolution No. 94-1128 on October 4, 1994, authorized application for a Kansas Water Pollution Control Revolving Fund loan for the Upper Cedar Creek Main Sewers (Project No. 14394C).
(6) The City has, on October 4, 1994, considered entering into an agreement with George Butler Associates (“GBA”) for the provision of engineering services for the Upper Cedar Creek Main Sewers (Project No. 14394C) and has voted to execute such agreement. (Ord. 94-71 § 1, 1994.)