§ 110-363. Definitions.  


Latest version.
  • For the purpose of this article, the following definitions shall apply words used in the singular shall include the plural, and the plural, the singular; and 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.

    Bonds means revenue 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 stormwater management 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 therefore;

    (2)

    Physical construction, installation and testing, including the costs of labor, services, 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 Pasco County or on its behalf with its approval in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to construction;

    (7)

    Principal of and interest of any bonds; and

    (8)

    Miscellaneous expenses incidental thereto.

    Debt service means, with respect to any particular fiscal year and any particular series of bonds, an amount equal to the sum of (1) all interest payable on such bonds during such fiscal year, plus (2) any principal installments of such bonds during such fiscal year.

    Developed property means real property which has been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface. For new construction, property shall be considered developed pursuant to this article:

    (1)

    Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or

    (2)

    If construction is at least 50 percent complete and construction is halted for a period of three months.

    Director means Pasco County Administrator or his designee.

    DOR code means Department of Revenue land use code as defined by subsection 12D-8.008(2)(c), Florida Administrative Code.

    Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

    Equivalent residential unit or ERU means the median impervious area of residential developed property per dwelling unit (excluding DOR codes 00 and 04) located within Pasco County and as established by board resolution as provided herein, and as may be amended from time to time.

    ERU rate means a utility fee charged on each ERU as established by board resolution as provided herein, and as may be amended from time to time.

    Extension and replacement means costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the stormwater management system, or land acquisition for the stormwater management 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.

    Fiscal year means a 12-month period commencing on the first day of October of any year.

    Impervious area means roofed and paved areas, including, but not limited to, areas covered by roofs, roof extensions, swimming pools, patios, porches, driveways, sidewalks, parking areas, graveled areas and athletic courts.

    Nonresidential developed property means developed property that is classified by the property appraiser as land use types 03, 05, 06, 07, 08, 09, and 10 through 99 using the Florida Department of Revenue (DOR) Land Use Codes, as amended or supplemented.

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

    Operations and maintenance means the current expenses, paid or accrued, of operation, maintenance and current repair of the stormwater management 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 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.

    Property appraiser means the office of the Pasco County Property Appraiser.

    Rate resolution means the resolution adopted by the board establishing the ERU rate, and as may be amended from time to time.

    Residential developed property means developed property that is classified by the property appraiser as land use types 00, 01, 02 and 04 (vacant residential, single-family, mobile homes, and condominiums) using the Florida Department of Revenue (DOR) Land Use Codes, Rule 12D-8.008(2)(c), Florida Administrative Code, as amended or supplemented.

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

    Service area means all of the unincorporated areas of Pasco County.

    Stormwater management system means the existing stormwater management system of Pasco County and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated from the revenues received as a special revenue 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.

    Undeveloped property means property which has less than 400 square feet of impervious area.

    Utility fee means a utility fee authorized by Florida law and this article which is established to pay administration, planning, operations and maintenance, extension, improvement, construction and replacement and debt service for the stormwater management system.

    Utility means the special revenue fund utility created by this article to operate, maintain and improve the stormwater management system.

(Ord. No. 07-18, § B(3), 8-21-07)