§ 134-312. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area of operation means that area designated in any resolution of the board of county commissioners as the area within which the system shall be operated and in which a utility fee is imposed.

Assessment means a fee, charge or assessment authorized by the terms of F.S. § 403.0893, as amended, or under any other provision of law and this article, to be assessed for funding such costs of operation and maintenance, debt service, improvements and extension and replacement attributable to a benefit area that the board may determine by resolution of the board of county commissioners as provided herein.

Benefit area means any portion or portions of an area within or without an area of operation, designated by resolution of the board of county commissioners as provided herein as a benefit area for purposes of determining utility fees and/or assessments to be payable in such area.

Bonds means revenue bonds, assessment bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.

Costs of construction means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of:

(1)

Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor;

(2)

Physical construction, installation and testing, including the costs of labor, services, permitting, materials, supplies and utility services used in connection therewith;

(3)

Architectural, engineering, legal and other professional services;

(4)

Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;

(5)

Any taxes or other charges which become due during construction;

(6)

Expenses incurred by the county or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction;

(7)

Principal of and interest on any bonds; and

(8)

Miscellaneous expenses incidental thereto.

Debt service means, with respect to any particular fiscal year and any particular series of bonds, loans or notes, an amount equal to the sum of:

(1)

All interest payable on such bonds, loans or notes during such fiscal year; plus

(2)

Any principal installments of such bonds during such fiscal year.

Director means the director of the stormwater utility as designated by the board of county commissioners.

Extension and replacement means costs of extensions, additions and capital improvement to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for the system, or land acquisition for the system and any related costs thereto, or paying extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.

Fee-in-lieu-of means a charge to a developer or individual resident to recover:

(1)

The costs of construction and debt service on a new stormwater management system which serves such developer or individual resident; or

(2)

The extension and replacement costs necessitated by development undertaken by such developer or individual resident.

Fiscal year means a 12-month period commencing on October 1 of any year, or such other 12-month period adopted as the fiscal year of the utility.

Operating budget means the annual utility operating budget adopted by the county for the succeeding fiscal year.

Operations and maintenance means the current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.

Revenues means all rates, fees, assessments, taxes, rentals or other charges or other income received by the utility, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the county, all as calculated in accordance with sound accounting practice.

Stormwater management system or system means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

Stormwater utility or utility means the enterprise fund utility created by this article to operate, maintain and improve the system.

Stormwater utility fee means a utility fee authorized by state law and this article which is established to pay operations and maintenance, extension and replacement and debt service.

(Ord. No. 91-27, § 6; Ord. No. 18-16, § 2)

Cross reference

Definitions generally, § 1-2.