For the purposes of this chapter, the following definitions shall apply. 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.
BILLING PERIOD. The service period identified on the utility bill. Each account shall be billed monthly or semi-annually in arrears of the service period. A developed property that receives a city water or other utility service shall be billed monthly in arrears of the service. A developed property that does not receive city water or other utility service may be billed semi-annually in arrears of the service.
BONDS. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
CALENDAR YEAR. The 12-month period commencing on January 1 of any year.
COSTS OF CONSTRUCTION. 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 materials, supplies and construction services used in connection therewith;
(3) Architectural, engineering, inspection, 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 city or on its behalf with its approval in seeking to enforce any remedy against any contractor;
(7) Principal of and interest of any bonds; and
(8) Miscellaneous expenses incidental thereto.
DEBT SERVICE. With respect to any particular calendar year and any particular series of bonds, an amount equal to the sum of:
(1) All interest payable on the bonds during the calendar year; plus
(2) Any principal installments of the bonds during the calendar year.
DEVELOPED PROPERTY. Real property other than undisturbed property.
DWELLING UNIT. A singular unit or apartment 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. The statistical average horizontal impervious area of all residential developed property per dwelling unit located within the city and as established by City Council.
ERU RATE. A stormwater user fee charged on each ERU as established by City Council.
EXEMPT PROPERTY. Public rights-of-way, public streets, public alleys and public sidewalks.
EXTENSION AND REPLACEMENT. Costs of extensions, additions and capital improvements to, or the removal and replacement of capital assets of, or purchasing and installing new equipment for, the system or land acquisitions 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.
IMPERVIOUS AREA. The number of square feet of hard surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, patios, porches, driveway, sidewalks, pavement and athletic courts.
NONRESIDENTIAL DEVELOPED PROPERTY. Developed property that is not utilized for dwelling units with the city.
OPERATING BUDGET. The annual operating budget adopted by the city for the succeeding calendar year.
OPERATIONS AND MAINTENANCE. 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 and 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 the sound accounting practice.
REVENUES. All rates, fees, assessments, rentals or other charges or other income received by the Stormwater User Fee Fund, in connection with the management and operation of the system, including amounts received from the investment of deposit of moneys in any fund or account and any amounts contributed by the city, all as calculated in accordance with sound accounting practice.
STORMWATER MANAGEMENT SYSTEM or SYSTEM. The existing stormwater management of the city and all improvements thereto which by this chapter are constituted as the property and responsibility of the city, 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 the system.
STORMWATER USER FEE. A fee authorized by ordinances established to pay operations and maintenance, extension and replacement and debt service.
STORMWATER USE FEE FUND. The enterprise fund created by this chapter to operate, maintain and improve the system and for other purposes as stated in this chapter.
UNDISTURBED PROPERTY. Real property that has not been altered from its natural state by dredging, filling, removal of trees and vegetation, or other activities which have disturbed or altered the topography or soils on the property.
USER FEE DISTRICT. The area or property within the corporate limits of the city.
VACANT IMPROVED PROPERTY. Unoccupied developed property that contains impervious area.
(Ord. 2001-61, passed 4-23-2001)