§ 17-101. Definitions.

When used in this article, the following terms shall have the following meanings, unless the context clearly requires otherwise:

Annual stormwater assessment resolution means the resolution described in section 17-128 hereof, approving a stormwater assessment roll for a specific fiscal year.

Assessed property means all parcels of real property included on the stormwater assessment roll that receive a special benefit from administration of the stormwater management program and provision of the stormwater improvements and stormwater management services identified in an annual stormwater assessment resolution.

Board means the Board of County Commissioners for Marion County, Florida.

Capital cost means all or any portion of the expenses that are properly attributable to the acquisition, construction, design, installation, permitting, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of stormwater improvements under generally accepted accounting principles and including, but not limited to, reimbursement to the county for any moneys advanced for capital cost and interest on any interfund or intrafund loan for such purposes, and engineering, legal or other fees and expenses associated with stormwater improvements.

Clerk means the clerk of the court, or such other person as may be duly authorized to act on such person's behalf.

Comprehensive plan means the comprehensive plan adopted by the county pursuant to chapter 163, part II, Florida Statutes.

County means Marion County, Florida.

ESU means "equivalent stormwater unit," the standard unit used to express the stormwater burden expected to be generated by each parcel of property.

Final stormwater assessment resolution means the resolution described in section 17-127, which shall confirm, modify or repeal the initial stormwater assessment resolution and which shall be the final proceeding for the imposition of the initial stormwater assessment.

Fiscal year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the county.

Government property means property owned by the United States of America, the state, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions.

Initial stormwater assessment resolution means the resolution described in section 17-123 hereof, which shall be the initial proceeding for the imposition of the stormwater assessment.

Obligations means a series of bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the county issued or incurred to finance any portion of the capital cost of a stormwater improvement and secured, in whole or in part, by proceeds of the stormwater improvement assessments.

Ordinance means this stormwater ordinance, as amended from time to time.

Pledged revenue means, as to any series of obligations,

(1)

The proceeds of such obligations, including investment earnings,

(2)

Proceeds of the stormwater improvement assessments pledged to secure the payment of such obligations, and

(3)

Any other legally available non-ad valorem revenue pledged to secure the payment of such obligations, as specified by the resolution authorizing such obligations.

Project cost means:

(1)

The capital cost of a stormwater improvement,

(2)

The transaction cost associated with the obligations to finance the stormwater improvement,

(3)

Interest accruing on such obligations for such period of time as the county deems appropriate,

(4)

The debt service reserve fund or account, if any, established for the obligations which financed the stormwater improvement, and

(5)

Any other costs or expenses related thereto.

Property appraiser means the Marion County Property Appraiser.

Stormwater means the flow of water which results from, and which occurs following, a rainfall event.

Stormwater assessment means either a stormwater improvement assessment, a stormwater service assessment, or both.

Stormwater assessment roll means the special assessment roll relating to stormwater improvements or stormwater management services described in section 17-124, approved by a final stormwater assessment resolution or an annual stormwater assessment resolution.

Stormwater basin means a part of the earth's surface that contributes stormwater runoff to a drainage system, which consists of diffuse surface waters, together with all natural or artificial tributary surface streams or bodies of impounded surface water.

Stormwater basin plan means a policy document that may be adopted by the board, as a part of the county's overall stormwater management program, for each stormwater basin or hydrologic subarea thereof in which stormwater improvements are proposed and that provides for implementation of the stormwater master plan.

Stormwater improvement means land, capital facilities and improvements acquired or provided to detain, retain, convey or treat stormwater.

Stormwater improvement area means one or more stormwater basins, or a portion or portions thereof, as identified in the initial stormwater assessment resolution, encompassing those parcels of property specially benefitted by the construction, reconstruction or installation of all or any portion of a stormwater improvement that removes, detains, retains or treats, in whole or in part, the stormwater burden expected to be generated by the physical characteristics and use of the assessed property. Each stormwater improvement area will include either:

(1)

The property which is hydrologically connected, directly or indirectly, to the stormwater improvement, or

(2)

All property located within a hydrologically defined area in which the county constructs one or more stormwater improvements to correct existing deficiencies with respect to a specific level of service and provide a consistent level of stormwater management.

Stormwater improvement assessment means a special assessment imposed by the county within a stormwater improvement area to fund the project cost or the debt service and related cost of obligations issued to finance the project cost of a stormwater improvement.

Stormwater management program means the program established by section 17-111 hereof to implement and administer stormwater management of the county consisting of stormwater management services and the provision of stormwater improvements.

Stormwater management service means:

(1)

Management and administration of the county's stormwater management program;

(2)

Stormwater program engineering;

(3)

Stormwater basin planning and permitting;

(4)

Stormwater improvements to be acquired or constructed during a single fiscal year without the issuance of any obligations;

(5)

Operating and maintaining the county's capital facilities for stormwater management, including extraordinary maintenance;

(6)

Billing and collecting stormwater assessments, including customer information services and reserves for statutory discounts; and

(7)

Legal, engineering and other consultant services.

Stormwater management service area means the area identified in the initial stormwater assessment resolution and in each annual stormwater assessment resolution, encompassing those parcels of property specially benefitted by the provision of the stormwater management services included in a stormwater management service cost component.

Stormwater management service cost component means those components of the stormwater management service costs identified in the initial stormwater assessment resolution and in each annual stormwater assessment resolution allocated to a stormwater management service area which contains those parcels of property specially benefitted.

Stormwater master plan means a policy document which may be adopted by the board, as a part of the county's overall stormwater management program, which identifies the levels of service for water quality and quantity management in the county, based upon the criteria in the comprehensive plan and applicable state and federal law, and the methods for prioritizing expenditures within the county. The stormwater master plan shall designate those stormwater basins for which a stormwater basin plan will be prepared.

Stormwater program director means the county engineer or such person's designee.

Stormwater service area means the geographic area described in the initial stormwater assessment resolution that encompasses parcels within the county which specially benefit from stormwater management service cost components.

Stormwater service assessment means a special assessment imposed by the county within the stormwater service area to fund the stormwater management service cost components.

Stormwater service cost means the estimated amount for any fiscal year of all expenditures and reasonable reserves that are properly attributable to the stormwater management service provided within the stormwater service area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the county for any moneys advanced for the stormwater management service, and interest on any interfund or intrafund loan for such purpose.

Tax collector means the Marion County Tax Collector.

Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes.

Transaction cost means the costs, fees and expenses incurred by the county in connection with the issuance and sale of any series of obligations, including but not limited to;

(1)

Rating agency and other financing fees;

(2)

The fees and disbursements of bond counsel;

(3)

The underwriters' discount;

(4)

The fees and disbursements of the county's financial advisor;

(5)

The costs of preparing or printing the obligations and the documentation supporting issuance of the obligations;

(6)

The fees payable in respect of any municipal bond insurance policy; and

(7)

Any other costs of a similar nature incurred in connection with issuance of such obligations.

Uniform Assessment Collection Act means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.

(Ord. No. 02-13, § 1.01, 5-21-2002)