The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. “Bonds” means revenue bonds, notes, loans, or any other debt obligations issued or incurred to finance the costs of construction.
2. “User” means any person owning, operating, or otherwise responsible for property within the City which directly or indirectly discharges stormwater or surface or subsurface waters to any portion of the stormwater management system, including direct or indirect discharges to the City’s stormwater drainage system, or which is directly or indirectly protected by the City’s flood protection system or stormwater drainage system. The term “user” means any person responsible for the direct or indirect discharge of stormwater or surface or subsurface waters to the City’s stormwater drainage system.
3. “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 the following:
A. Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor.
B. Physical construction, installation and testing including the costs of labor, services, materials, supplies, and utility services used in connection therewith.
C. Architectural, engineering, legal and other professional services.
D. Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation.
E. Any taxes or other charges which become due during construction.
F. Expenses incurred by the City 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.
G. Principal and interest on any bonds.
H. Miscellaneous expenses incidental thereto.
4. “Debt service” means the amount of money necessary annually to pay the interest on outstanding debt and pay the principal of maturing bonded debt.
5. “Director” means the City Engineer as director of the Stormwater Management Utility.
6. “Equivalent residential unit” or ERU means the average impervious area of residential developed property per dwelling unit located within the City as periodically determined and established as provided in this chapter, which has been determined by the City to be 2,973 square feet of impervious surface area.
7. “Operating budget” means the annual operating budget for the Stormwater Management Utility adopted by the Council for the succeeding fiscal year.
8. “Revenues” means all rates, fees, assessments, rentals or other charges or other income received by the Utility, 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.
9. “Stormwater drainage system” or “system” means the system of creeks, ditches, drainage channels, pipes, basins, street gutters, and lakes within the City on City-owned property to the extent authorized by any conveyance, through which or into which stormwater runoff, surface water, or subsurface water is conveyed or deposited. This does not include, rivers, streams, creeks, or natural drainage area, easements, or drainage ways situated on private property.
10. “Stormwater Management Utility” or “Utility” means the enterprise fund utility created by this chapter to operate, maintain, and improve the system and for such other purposes as stated in this chapter.