§ 98-36. Definitions.

As used in this division, the following words and terms shall have the following meanings, unless the context clearly otherwise requires. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this division; the term "heretofore" shall mean before the date of adoption of this division; and the term "hereafter" shall mean after the date of adoption of this division.

Words importing the masculine gender include both genders.

Words importing the singular number include the plural number, and vice versa.

Assessment means a non-ad valorem assessment lawfully imposed by the county for the payment of costs in accordance with the terms of this division against properties specifically benefitted by an individual project or several projects.

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

Assessment roll means a non-ad valorem assessment roll relating to an assessment, approved by a preliminary and final assessment resolution as required by section 98-39(d) through (f) hereof.

Benefit area means any unit, lot, or parcel lying within the boundaries of the proposed benefit unit, as more fully described in the legal description contained in the ordinance creating such benefit unit or any unit, lot or parcel which receives a direct benefit from the proposed improvements.

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

Bonds means the bonds or other obligations issued or incurred by the county pursuant to section 98-41 hereof, payable from the pledged revenues.

Clerk means the clerk of the circuit court of Brevard County, ex officio clerk of the board, or any deputy clerk or the clerk's designee.

Complaint of proposed assessments means a property owner's disagreement with the benefit determined or manner of the proposed assessment prior to the board of county commissioner's adoption of the assessment.

Cost means, as applied to any project:

(1)

The cost of physical construction, reconstruction or completion;

(2)

The costs of acquisition or purchase;

(3)

The cost of all labor, materials, machinery and equipment;

(4)

The cost of all lands and interest therein, property rights, easements and franchises of any nature whatsoever;

(5)

The cost of any indemnity or surety bonds and premiums for insurance during construction;

(6)

Interest prior to and during construction, for such period of time after completion of the construction or acquisition of such project as the board deems appropriate;

(7)

Amounts necessary to pay redemption premiums or other costs associated with the early retirement of bonds, notes or other funding mechanism related to the project;

(8)

The creation of reserve or debt service funds;

(9)

Costs and expenses related to the issuance of bonds, notes or other funding mechanism related to the project, including all financing charges; the assessments shall bear interest at a rate not to exceed two percent above the true interest cost of such bonds, or any method of financing approved by the board;

(10)

The cost of construction plans and specifications, surveys and estimates of costs;

(11)

The cost of engineering, financial, legal and any other consultant services associated with the project, implementation and collection of assessments, including any service charges of the clerk, tax collector or property appraiser and amounts necessary to offset discounts received for early payment of assessments pursuant to applicable law; and

(12)

All other costs and expenses properly attributable to such acquisition or construction including administration costs as a percentage of construction, and such other expenses as may be necessary or incidental to any financing authorized by this division, including a reasonable contingency amount; and including reimbursement of the county or any other person, firm or corporation for any monies advanced for any costs incurred by the county or such person, firm or corporation in connection with any of the foregoing items of cost.

County means Brevard County, Florida.

Creating ordinance means the ordinance adopted by the board specifically referencing and incorporating the terms of the master ordinance creating a specific project in a specific area.

Final assessment resolution means the resolution described in section 98-39(f) hereof which shall confirm or deny the preliminary assessment resolution and which shall be the final proceeding for the imposition of an assessment.

Initial assessment resolution means the resolution described in section 98-39(b) hereof which shall be the initial proceeding for the imposition of assessments.

Master ordinance means the ordinance adopted as Brevard County Code, chapter 98, article II;

Method of assessment means the procedures which may be used for determining benefit and shall include but not be limited to the following methods:

(1)

Property front foot;

(2)

Platted lot;

(3)

Buildable lot;

(4)

Square footage;

(5)

Or any combination thereof deemed equitable by the board.

Municipal service benefit unit (MSBU) means a municipal service benefit unit established by section 98-37 hereof and any other municipal service benefit unit subsequently established by ordinance of the county incorporating the terms and provisions hereof by reference.

Notice by mail means providing written notice by United States mail to each property owner included in the benefit unit. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as shown on the tax rolls. The notice shall include date, time and place of the board meeting and a brief description of the proposed project including geographical location. If the assessments are to be collected on the same bill as ad valorem taxes, the mailed notice shall conform to the requirements set forth in F.S. §§ 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes.

Notice by publication means providing notice by publication once in a newspaper of general circulation in the county. The notice shall include the date, time and place of the board meeting and a brief description of the proposed project including geographical location. The publication shall be at least ten (10) calendar days prior to the meeting date. If the assessments are to be collected on the same bill as ad valorem taxes, the published notice shall conform to the requirements set forth in F.S. §§ 197.3632 and 197.363.5, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes.

Notes means (a) the proceeds of the bonds, including investment earnings, (b) proceeds of the assessments, as specified by the resolution authorizing the bonds, and any other non-ad valorem revenues or other legally available monies specifically pledged by the county under the resolution authorizing the bonds.

Petition means the application process initiated by the property owners referring to the request for the creation of a project for a specific improvement within a set boundary.

Pledged revenues means (a) proceeds of the assessments, as including investment earnings, (b) proceeds of the assessments, as specified by the resolution authorizing the bonds, and any other non-ad valorem revenues or other legally available monies specifically pledged by the county under the resolution authorizing the bonds.

Preliminary assessment resolution means the resolution described in section 98-39(d) hereof which shall be the proceeding for establishing the assessment.

Project means road, drainage, water, sewer and canal dredging and maintenance, reuse or reclaimed water, or other capital improvements located within existing government or utility controlled rights of ways or easements within the benefit unit.

Property appraiser means the property appraiser of the county.

Property owner means an individual and distinct property owner of record within the MSBU.

Property owner survey refers to the responses to a survey of all affected property owners within the proposed improvement area to determine their support for initiating a specific project, conducted by the assessment coordinator.

Tax collector means the tax collector of the county.

Tax rolls means the real property ad valorem tax assessment roll maintained by the property appraiser of the county for the purpose of the levy and collection of ad valorem taxes.

Unimproved property means lot or acreage on which no commercial or residential structure has been constructed.

(Code 1979, § 21-40; Ord. No. 97-07, § 1, 3-11-97)