For the purpose 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.
(a) "Billing period" means the period which utility service is billed. When City utility service is discontinued during a month, the drainage fee due for that account shall be the pro rata portion of the month the utility services were active. For developed properties without active utility services, the owner shall be liable.
(b) "Bonds" means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the Costs of Construction.
(c) "Calendar year" means a twelve-month period commencing on the first day of January of any year.
(d) "Costs of Construction" means 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, 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 or sub-contractor 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.
(e) "Debt Service" means, 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 such Bonds during such Calendar Year, plus
(2) Any principal installments of such Bonds during such Calendar Year.
(f) "Developed Property" means real property other than Undisturbed Property and Vacant Improved Property.
(g) "Dwelling Unit" means 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.
(h) "Equivalent Residential Unit" or ERU means the statistical average horizontal Impervious Area of all Residential Developed Property per Dwelling Unit located within the City and as established by City Council.
(i) "ERU Rate" means a Stormwater User Fee charged on each ERU as established by City Council.
(j) "Exempt Property" means public rights of way, public streets, public alleys and public sidewalks.
(k) "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 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.
(l) "Impervious Area" means 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.
(m) "Nonresidential Developed Property" means developed property that is not utilized for dwelling units within the City.
(n) "Operating Budget" means the annual operating budget adopted by the City for the succeeding Calendar Year.
(o) "Operations and Maintenance" means 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 sound accounting practice.
(p) "Revenues" mean 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 or deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
(q) "Stormwater Management System" or "System" means 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 such system.
(r) "Stormwater User Fee" means a fee authorized by Ordinance(s) established to pay Operations and Maintenance, Extension and Replacement and Debt Service.
(s) "Stormwater User Fee Fund" means the enterprise fund created by this Chapter to operate, maintain and improve the System and for such other purposes as stated in this Chapter.
(t) "Undisturbed Property" means real property which 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.
(u) "User Fee District" means the area or property within the corporate limits of the City of Medina.
(v) "Vacant Improved Property" means unoccupied developed property which contains impervious area.
(Ord. 11-03. Passed 2-24-03.)