Title 15 - Public Improvements

Bonds means obligations of the City, for which the principal of and the interest on is paid in whole or in part from special assessments, user fees, sales tax, general ad valorem taxes, or any available City or Storm Water Utility revenues heretofore or hereafter issued to finance the Costs of Capital Improvements.

Effective on: 1/1/1901

City means the City of Overland Park, Kansas.

Effective on: 1/1/1901

City Manager means the City Manager of the City or the City Manager’s designee.

Effective on: 1/1/1901

Costs of Capital Improvements means costs incurred by the Storm Water Utility in providing capital improvements as part of the Storm Water Management Program, including, without limitation, alteration, enlargement, extension, improvement, construction, reconstruction, and development of the Public Storm Sewers, professional services and studies connected therewith; principal and interest on Bonds heretofore or hereafter issued, including payment of any delinquencies; studies related to the operation of the system; costs related to water quality enhancements, costs related to complying with federal, state or local regulations; acquisition of real and personal property by purchase, lease, donation, condemnation or otherwise; and for the costs associated with purchasing equipment, computers, furniture and all other items necessary or convenient for the operations of the of the Storm Water Utility.

Effective on: 1/1/1901

Debt Service means an amount equal to the sum of all interest payable on Bonds during any fiscal year or years, and any principal installments payable on the Bonds during such fiscal year or years.

Effective on: 1/1/1901

Director means the Director of the City's Public Works Department or the Director's designee.

Effective on: 1/1/1901

Dwelling Unit means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one Family, as defined in Title 18 of the Overland Park Municipal Code.

Effective on: 1/1/1901

Equivalent Residential Unit or ERU means a unit of measure that is equal to the average Impervious Area per Dwelling Unit located on Residential Property within the City limits.

Effective on: 1/1/1901

Equivalent Residential Unit Rate or ERU Rate means the amount charged for each ERU in calculating the Storm Water Utility User Fee.

Effective on: 1/1/1901

Exempt Property means public right-of-way, public trails, public streets, public alleys, public sidewalks, and public lands and/or easements in or upon which the Public Storm Sewers are constructed and/or located.

Effective on: 1/1/1901

Fiscal Year means a twelve-month period commencing on the first day of January of any year.

Effective on: 1/1/1901

Governing Body means the governing body of the City.

Effective on: 1/1/1901

Impervious Area means the total number of square feet of hard surface area on a given property that either prevents or retards the entry of water into the soil matrix, or causes water to run off the surface in greater quantities or at an increased rate of flow, than it would enter under conditions similar to those on undeveloped land. "Impervious Area" includes but is not limited to, roofs, roof extensions, driveways, pavement and athletic courts.

Effective on: 1/1/1901

Nonresidential Property means all property other than Residential Property.

Effective on: 1/1/1901

Operating Budget means the annual budget established for the Storm Water Utility for the succeeding Fiscal Year.

Effective on: 1/1/1901

Operations and Maintenance means, without limitation, the current expenses, paid or secured, by the Storm Water Utility, for operation, maintenance and repair and minor replacement of the Public Storm Sewers or for implementing the Storm Water Management Program, as calculated in accordance with generally accepted accounting practices, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses including professional services, equipment costs, labor costs, and the cost of materials and supplies used for current operations.

Effective on: 1/1/1901

Public Storm Sewers means all storm sewers within the City, and all appurtenances and ancillary structures thereto, which have been dedicated to and accepted by the City for ownership and maintenance or otherwise owned by the City.

Effective on: 1/1/1901

Residential Property means property used primarily for one-family, two-family or multi-family Dwelling Units.

Effective on: 1/1/1901

Storm Water Management Program means all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvement of Storm Water Management Systems, plus such non-operating expenses as reserves and bond debt service coverage as are associated with provision of the Storm Water Management Program.

Effective on: 1/1/1901

Storm Water Management System, means surface water and storm sewers and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, infiltration, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.

Effective on: 1/1/1901

Storm Water Utility means the utility created by this ordinance for the purpose of implementing and funding the Storm Water Management Program.

Effective on: 1/1/1901

Storm Water Utility User Fee means a fee authorized by Charter Ordinance No. Seventy-Nine and this ordinance, charged to owners of property served and benefited by the Storm Water Utility.

Effective on: 1/1/1901

Undeveloped Land means land that has not been built upon or altered from its natural condition in a manner that disturbed or altered the topography or soils on the property to the degree that the entrance of water into the soil matrix is prevented or retarded.

(History: Ord. SWU-2315 §1, 2001)

Effective on: 1/1/1901