For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ANNUAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION.” The resolution described in § 38.26, approving the local improvement assessment roll for a specific fiscal year.
“ANNUAL ESSENTIAL SERVICE ASSESSMENT RESOLUTION.” The resolution described in § 38.26, approving the essential service assessment roll for a specific fiscal year.
“ASSESSMENT.” A special assessment lawfully imposed by the city against property located within an assessment area for the payment of the project cost of local improvements or the operating cost of essential services.
“ASSESSMENT AREA.” Any of the areas created by resolution of the City Commission pursuant to § 38.10, that specially benefit from the acquisition and construction of any local improvements or the provisions of essential services.
“ASSESSMENT UNIT.” The unit or criteria utilized to determine the assessment for each parcel of property as set forth in the initial local improvement assessment resolution or the initial essential service assessment resolution. “ASSESSMENT UNITS” may include, by way of example only and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip generation capacity under applicable concurrency management regulations, or any other physical characteristic or reasonably expected use of the property that is logically related to the local improvement or essential service to be funded from proceeds of the assessment.
“CAPITAL COST.” All or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of local improvements and imposition of the related assessments under generally accepted accounting principles; and including reimbursement to the city for any funds advanced for capital cost and interest on any interfund or intrafund loan for such purposes. As used herein, “CAPITAL COSTS” may include, by way of example only and not limitation:
(1) Building construction costs;
(2) Street construction costs;
(3) Utility construction expenses;
(4) Water mains;
(5) Sewer mains;
(6) New street paving or widening; and
(7) Any other capital costs attributable to the local improvement.
“CITY.” The City of Lake Mary, Florida.
“CITY CLERK.” The official custodian of all city records and papers of an official character as set forth in Article VIII of the City Charter, or their designee.
“CITY COMMISSION.” The City Commission for the city.
“CITY MANAGER.” The administrative and executive head of the city as set forth in Article VII of the City Charter, or their designee.
“ESSENTIAL SERVICE.” The operation and maintenance of a local improvement.
“ESSENTIAL SERVICE ASSESSMENT.” An annual special assessment imposed by the city pursuant to § 38.20 hereof upon each parcel of property within the assessment area.
“ESSENTIAL SERVICE COST.” All expenses that are properly attributable to maintenance of a local improvement (excluding amounts paid or reimbursed by FDOT) under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the city for any monies advanced for essential service, and interest on any interfund loan for such purposes. “ESSENTIAL SERVICE COST” can also include, but not be limited to:
(1) The cost of physical construction, reconstruction or completion of any required facility or improvement;
(2) The costs incurred in any required acquisition or purchase;
(3) The cost of all labor, materials, machinery, and equipment;
(4) The cost of fuel, parts, supplies, maintenance, repairs, and utilities;
(5) The cost of computer services, data processing, and communications;
(6) The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever;
(7) The cost of any indemnity or surety bonds and premiums for insurance;
(8) The cost of salaries, volunteer pay, workers’ compensation insurance, or other employment benefits;
(9) The cost of uniforms, training, travel, and per diem;
(10) The cost of construction plans and specifications, surveys and estimates of costs;
(11) The cost of engineering, financial, legal and other professional services;
(12) The cost of compliance with any contracts or agreements entered into by the city relating to the provisions of said services;
(13) All costs associated with the structure, implementation, collection, and enforcement of the assessments, including any service charges of the Clerk, Tax Collector, or Property Appraiser, and delinquent amounts from prior impositions, and amounts necessary to offset discounts received for early payment of assessments pursuant to the Uniform Assessment Collection Act or for early payment of assessments collected pursuant to § 38.41;
(14) All other costs and expenses necessary or incidental to the acquisition, provision, or construction of the service, facility, or program to be funded by the assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution;
(15) An amount for contingencies and anticipated delinquencies and uncollectible assessments; and
(16) Reimbursement to the city of any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing items of service cost.
“FINAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION.” The resolution described in § 38.25, which shall confirm, modify or repeal the initial local improvement assessment resolution and which shall be the final proceeding for the imposition of a local improvement assessment.
“FINAL ESSENTIAL SERVICE ASSESSMENT RESOLUTION.” The resolution described in § 38.25, which shall confirm, modify, or repeal the initial essential service assessment resolution and shall be the final proceeding for the imposition of an essential service assessment.
“FISCAL YEAR.” 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 city.
“GOVERNMENT PROPERTY.” Property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions.
“INITIAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION.” The resolution described in § 38.21 hereof, which shall be the initial proceeding for the imposition of a local improvement assessment.
“LOCAL IMPROVEMENT.” A capital improvement, or the program of plan for the acquisition, construction or installation thereof by the city, for the special benefit of a neighborhood or other local area.
“LOCAL IMPROVEMENT ASSESSMENT.” A special assessment imposed by the city pursuant to § 38.20 hereof upon each parcel of property within the assessment area.
“LOCAL IMPROVEMENT ASSESSMENT ROLL.” The special assessment roll relating to local improvement assessments, approved by a final local improvement assessment resolution or an annual local improvement assessment resolution pursuant to § 38.26.
“OBLIGATIONS.” Bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance any portion of the project cost of local improvements and secured, in whole or in part, by proceeds of the assessments.
“OPERATING COST.” All or any portion of the expenses that are properly attributable to essential services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the city for any funds advanced for essential services, and interest on any interfund or intrafund loan for such purpose.
“ORDINANCE.” This local improvement and essential service assessment chapter.
“PLEDGED REVENUE.” As to any series of obligations:
(1) The proceeds of such obligations, including investment earnings;
(2) Proceeds of the assessments pledged to secure the payment of such obligations; and
(3) Any other legally available non-ad valorem revenue pledged, at the City Commission’s sole option, to secure the payment of such obligations, as specified by the ordinance and resolution authorizing such obligations.
“PROJECT COST.”
(1) The capital cost of a local improvement;
(2) The transaction cost associated with the obligations which financed the local improvement;
(3) Interest accruing on such obligations for such period of time as the city deems appropriate;
(4) The debt service reserve fund or account, if any, established for the obligations which financed the local improvement; and
(5) Any other costs or expenses related thereto.
“PROPERTY APPRAISER.” The Seminole County Property Appraiser.
“RESOLUTION OF INTENT.” The resolution expressing the City Commission’s intent to collect assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act.
“TAX COLLECTOR.” The Seminole County Tax Collector.
“TAX ROLL.” 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.” The costs, fees and expenses incurred by the city 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 city’s financial advisor;
(5) The costs of preparing and printing the obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the obligations;
(6) The fees payable in respect of any municipal bond insurance policy;
(7) Administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and
(8) Any other costs of a similar nature incurred in connection with issuance of such obligations.
“UNIFORM ASSESSMENT COLLECTION ACT.” F.S. §§ 197.3632 and 197.3635, 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. 1166, passed 6-2-05)