§ 4-7-301. Definitions.

For the purpose of this article, words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

Assessment roll means a non-ad valorem assessment roll relating to an assessment, approved by a resolution as required in this article.

Benefit area means any portion of a benefit unit (which may be the entire benefit unit) that is specially benefited by one or more specific maintenance projects.

Benefit unit means a municipal services benefit unit established pursuant to Section 125.01, Florida Statutes.

Board means the board of county commissioners of Charlotte County, Florida.

Bonds means the bonds issued by the county, payable from the pledged revenues.

Capital cost means, as applied to any capital project, (A) the cost of physical construction, reconstruction or completion; (B) the costs of acquisition of purchase; (C) the cost of all labor, materials, machinery and equipment; (D) the cost of all lands and interest therein, property rights, easements and franchises of any nature whatsoever; (E) the cost of any indemnity or surety bonds and premiums for insurance during construction; (F) interest prior to and during construction, for such period of time after completion of the construction or acquisition of such capital project as the board deems appropriate, and for such period of time after the issuance of the bonds, notes and existing obligations as may be necessary to collect the initial annual installment of capital project assessments; (G) amounts necessary to pay redemption premiums or other costs associated with the early retirement of bonds, notes or existing obligations related to the capital project; (H) the creation of reserve or debt service funds; (I) costs and expenses related to the issuance of bonds, notes or existing obligations related to the capital project, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on bonds, notes or existing obligations held by the issuer of such liquidity facility or credit facility; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal and other consultant services associated with the capital project; (L) the cost of engineering, financial, legal and other consultant services and any other cost associated with the structure, implementation and collection of capital project assessments, including any service charges of the tax collector or property appraiser and amounts necessary to offset discounts received for early payment of capital project assessments pursuant to applicable law; and (M) all other costs and expenses properly attributable to such acquisition or construction and such other expenses as may be necessary or incidental to financings authorized by this article; and including reimbursement of the county or any other person, firm or corporation for any monies advanced for any costs incurred by the county or such person, firm or corporation in connection with any of the foregoing items of cost. With respect to any specific benefit unit, the board may elect to include as an additional element of capital cost a contingency amount to offset any errors in the capital project assessment roll which, upon correction, will reduce the aggregate amount of capital project assessments reflected therein, for the purpose of providing relief to the owners of specific parcels of property which, because of the special nature of such property, have not been assessed equitably.

Clerk means the clerk of the circuit court of Charlotte County, ex-officio clerk of the board, or any deputy clerk.

County means Charlotte County, Florida.

Director means the director of the public works department or his designee.

Equivalent residential unit (ERU) means the number of residential units (single-family, mobile homes, multifamily, condominiums, etc.) within the boundaries of the unit.

Final capital assessment resolution means the resolution which shall confirm or deny the initial capital assessment resolution and which shall be the final proceeding for the imposition of a capital project assessment.

Final maintenance assessment means a non-ad valorem assessment or reassessment lawfully imposed by the county for the payment of maintenance in accordance with the terms of this article against properties specially benefited by one or more specific maintenance projects.

Final maintenance assessment resolution means the resolution which shall confirm or deny the initial maintenance assessment resolution and which shall be the final proceeding for the imposition of a maintenance assessment.

Initial capital assessment resolution means the resolution which shall be the initial proceeding for the imposition of capital project assessments.

Initial maintenance assessment resolution means the resolution which shall be the initial proceeding for the imposition of a maintenance assessment.

Maintenance assessment means a non-ad valorem assessment lawfully imposed by the county for the payment of maintenance costs of the unit.

Maintenance assessment roll means a non-ad valorem assessment roll relating to maintenance costs, approved by a final maintenance assessment resolution or an annual maintenance rate resolution.

Maintenance cost means the county's reasonable and necessary expenses for maintenance of the unit. Maintenance cost shall include but not be limited to personnel costs, administration expenses, insurance and surety bond premiums, legal and engineering expenses, ordinary and current rentals of equipment or other property, and any other expenses required to be paid for or with respect to proper maintenance of such facilities, all to the extent properly attributable to such facilities and shall include any "indirect cost" properly allocated thereto. Maintenance cost shall also include the cost of engineering, financial, legal and other consultant services and any other cost associated with the structure, implementation and collection of maintenance assessments, including any service charges of the tax collector or property appraiser and amounts necessary to offset discounts received for early payment of maintenance assessments pursuant to applicable law. With respect to any specific benefit unit, the board may elect to include as an additional element of maintenance cost a contingency amount to offset any errors in the maintenance assessment roll which, upon correction, will reduce the aggregate amount of maintenance assessments reflected therein, for the purpose of providing relief to the owners of specific parcels of property which, because of the special nature of such property, have not been assessed equitably.

Maximum maintenance assessment rate means the maximum rate of assessment for maintenance services established by the final maintenance assessment resolution.

Notes means notes issued in anticipation of bonds as permitted herein.

Pledged revenues means (a) the proceeds of the bonds, including investment earnings, (b) proceeds of the maintenance assessments, as specified by the resolution authorizing the bonds, and (c) any other non-ad valorem revenues or other legally available monies specifically pledged by the county under the resolution authorizing the bonds.

(Ord. No. 92-101, § 1, 11-5-92)