§ 10.8-10. Definitions.

When used in this article, the following terms shall have the following meanings, unless the context clearly requires otherwise:

Annual assessment resolution means the resolution described in section 10.8-20 hereof, approving an assessment roll for a specific fiscal year.

Assessment means a special assessment imposed by the county pursuant to this article to fund the project cost or maintenance cost of local improvements.

Assessment area means any of the areas created by resolution of the commission pursuant to section 10.8-13 hereof, that specially benefit from a local improvement or maintenance thereof.

Assessment coordinator means the person designated by the board to be responsible for coordinating assessments, or such person's designee.

Assessment roll means the special assessment roll relating to Local Improvements, approved by a final assessment resolution pursuant to section 10.8-19 hereof or an annual assessment resolution pursuant to section 10.8-20 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: 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, property value or any other physical characteristic or reasonably expected use of the property that is related to the local improvement to be funded from proceeds of the assessment.

Board means the board of county commissioners of Polk County, Florida.

Capital cost means all or any portion of the expenses that are properly attributable to the acquisition, design, analysis, 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 person's designee.

County means Polk County, Florida.

Essential services means those services provided by the county or any other public entity that are necessary to preserve and maintain the public health, safety, and welfare and which require safe, convenient, and efficient property access to be effective. Essential services include, by way of example and not limitation, fire protection, emergency medical services, solid waste collection, law enforcement, postal delivery, and transportation of students by the school board.

Final assessment resolution means the resolution described in section 10.8-19 hereof, which shall confirm, modify or repeal the initial assessment resolution and which shall be the final proceeding for the imposition of an assessment.

Fiscal year means 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 county.

Government property means 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.

Grading and maintenance services means a road grading and maintenance program designed to provide the minimum level of services necessary to preserve adequate ingress and egress for the provision of essential services.

Initial assessment resolution means the resolution described in section 10.8-15 hereof, which shall be the initial proceeding for the imposition of an assessment.

Local improvement means a capital improvement acquired, constructed or installed for the special benefit of a neighborhood or other local area including, by way of example and not limitation, road improvements.

Maintenance means the operation or maintenance of any local improvement, including, by way of example and not limitation, grading and maintenance services.

Maintenance cost means all or any portion of the expenses that are properly attributable to maintenance under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the county for any funds advanced for maintenance, and interest on any interfund or intrafund loan for such purpose.

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 special assessment ordinance.

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 and resolution authorizing such obligations.

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 Polk County Property Appraiser.

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.

Road improvements means the road and ancillary improvements which may, within the board's discretion, be constructed by the county in a particular assessment area including, but not limited to, the following; clearing and grubbing, excavation, stabilization, limerock basecourse, Type III asphaltic wearing surface, sidewalks, curbs and gutters, replacement of affected driveways, sod, cross drains, side drains for driveways, mitered end sections, ditch blocks, Type C and E inlets, silt barrier, quadrant and traffic signage, traffic striping, stop bars, construction layout, as-built survey and maintenance of traffic.

Tax collector means the Polk County Tax Collector.

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 or reserve account 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 Sections 197.3632 and 197.3635, Florida Statutes, 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. 2001-30, § 1.01, 6-20-01)