§ 26-131. Definitions.

As used in this ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires:

Annual rate resolution means the resolution described in section 26-168 establishing the rate at which an annual canal assessment for a specific year shall be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which an annual canal assessment is imposed or reimposed.

Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the service, facility or program or provision of a local improvement identified in the initial assessment resolution.

Assessment means a special assessment imposed by the county pursuant to this ordinance to fund the capital cost or project cost, if obligations are issued, of local improvements or the service cost of services, that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution. The term "assessment" shall include capital assessments and service assessments.

Assessment area means any of the areas created by resolution of the board pursuant to section 26-142 hereof, that specially benefit from a local improvement or service, facility, or program.

Assessment roll means the special assessment roll relating to an assessment approved by a final assessment resolution pursuant to section 26-166 hereof or an annual rate resolution pursuant to section 26-168 hereof.

Assessment unit means the unit or criteria utilized to determine the assessment for each parcel of property, as set forth in the initial assessment resolution. "Assessment units" may include, by way of example only and not limitation, one or a combination of the following: platted lots or parcels of record, vested lots, land area, improvement area, equivalent residential connections, equivalent residential units, permitted land use, trip generation rates, front footage, rights to future trip generation capacity under applicable concurrency management regulations, property value or any other physical characteristic or reasonably expected use of the property that has a logical relationship to the local improvement or service to be funded from proceeds of the assessment.

Board means the board of county commissioners of the county.

Capital assessment means a special assessment imposed by the county pursuant to this ordinance to fund the capital cost or project cost, if obligations are issued, of local improvements that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution.

Capital cost means 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 county for any funds advanced for capital cost and interest on any interfund or intrafund loan for such purposes.

Clerk shall mean the clerk of the circuit court for the county, ex-officio clerk of the board, or such other person as may be duly authorized to act on such person's behalf.

County means Monroe County, Florida.

County administrator means the chief administrative officer of the county, or such person's designee.

Final assessment resolution means the resolution described in section 26-166 hereof which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of an assessment.

Fiscal year means that period commencing 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 county.

Government property means property owned by the United States of America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation.

Initial assessment resolution means the resolution described in section 26-162 hereof which shall be the initial proceeding for the identification of the service, facility, program, or local improvement for which an assessment is to be made and for the imposition of an assessment.

Local improvement means a canal restoration improvement project that has been constructed or installed by the county for the special benefit of a neighborhood or other assessment area.

Maximum assessment rate means the maximum rate of assessment established by the final assessment resolution for the service, facility, program, or local improvement identified in the initial assessment resolution.

Obligations means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases, reimbursable advances by the county, 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.

Ordinance means this article, as it may be amended from time-to-time.

Owner shall mean the person reflected as the owner of assessed property on the tax roll.

Person means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Pledged revenue means, as to any series of obligations, (a) the proceeds of such obligations, including investment earnings, (b) proceeds of the assessments pledged to secure the payment of such obligations, and (c) any other legally available non-ad valorem revenue pledged, at the board's sole option, to secure the payment of such obligations, as specified by the ordinance or resolution authorizing such obligations.

Preliminary rate means the rates published for adoption as described in section 26-168 hereof initiating the annual process for updating the annual assessment roll and directing the reimposition of assessments pursuant to an annual rate resolution.

Project cost means (a) the capital cost of a local improvement, (b) the transaction cost associated with the obligations which financed the local improvement, (c) interest accruing on such obligations for such period of time as the board deems appropriate, (d) the debt service reserve fund or account, if any, established for the obligations which financed the local improvement, and (e) any other costs or expenses related thereto.

Property appraiser means the property appraiser of Monroe County.

Resolution of intent means the resolution expressing the board's intent to collect assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act.

Service assessment means a special assessment imposed by the county pursuant to this ordinance to fund the service cost of services that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution.

Service cost means all or any portion of the expenses that are properly attributable to operations and maintenance of a local improvement and imposition and collection of related assessments under generally accepted accounting principles.

Tax collector means the Tax Collector of Monroe County.

Tax roll means 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 means the costs, fees and expenses incurred by the county in connection with the issuance and sale of any series of obligations, including but not limited to (a) rating agency and other financing fees; (b) the fees and disbursements of bond counsel; (c) the underwriters' discount; (d) the fees and disbursements of the county's financial advisor; (e) 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; (f) the fees payable in respect of any municipal bond insurance policy; (g) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (h) any other costs of a similar nature incurred in connection with issuance of such obligations.

Uniform Assessment Collection Act means F.S. §§ 197.3632 and 197.3635, as amended from time-to-time, 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. No. 021-2017 , art. I, § 1.01)