§ 254-97. Definitions.

As used in this Act:

Board of directors means a seven-member board comprising three members appointed by the county commission, three members appointed by the City of Palm Bay City Council, and one member appointed by the City of West Melbourne City Council.

City means the City of Palm Bay and/or the City of West Melbourne, as may be indicated.

Cost, as applied to the construction or maintenance of a surface water management system, or extensions, additions, or improvements thereto, includes the cost of construction, reconstruction, acquisition, purchase, or replacement; the cost of maintenance, operation, and repair; the cost of all labor, materials, machinery, and equipment; the cost of all lands and interest therein, property, rights, easements, and financing charges; interest prior to and during construction; the creation of initial reserve or debt service funds; bond discount; cost of plans, specifications, surveys, and estimates of costs and revenues; cost of engineering, financial, and legal services, and all other expenses necessary or incidental in determining the feasibility or practicability of such construction, reconstruction, or acquisition, maintenance, operation, and repair; administrative expenses; such other expenses as may be necessary or incidental to financing authorized by this Act; and reimbursement to any municipality, county, or any other person, firm, or corporation for any moneys advanced to the district for any expenses incurred by the district in connection with any of the foregoing items of cost or the creation of the district.

County means Brevard County.

District means the Melbourne-Tillman Water Control District, a special district created by this Act.

General obligation bonds means bonds or other obligations secured by the full faith and credit and taxing power of the district and payable from ad valorem taxes levied and collected on all taxable property within the boundaries of the district, without limitation of rate or amount, and may be additionally secured by the pledge of the proceeds of special assessments levied against benefited property and/or stormwater management user fees.

Owner, as used in this Act, means the owner of the fee simple estate, as appears by the deed of record, and it shall not include reversioners, remaindermen, trustees, or mortgagees, who shall not be counted and need not be notified by publication, or served by process, but shall be represented by the present owners of the freehold estate in any proceeding under this Act.

Primary means all existing numbered canals within district rights-of-way, to include facilities such as dams, weirs, control structures, culverts, pipes, and any future works so designated by the board.

Revenue bonds means bonds, notes, or other obligations secured by and payable from the revenue derived from a pledge of the proceeds of special assessments levied against benefited properties and/or stormwater management user fees.

Secondary means all drainage facilities that convey surface water to primary system by crossing district rights-of-way lines.

Surface water management system means all drainage facilities whereby surface waters are collected, controlled, conveyed, channeled, diverted, impounded, obstructed, stored, detained, or retained, or other surface water management capabilities or combination of capabilities. The term "facilities" includes all necessary devices, improvements, natural systems, rights-of-way, appurtenant works, and works required to accomplish the above. "Facilities" also includes all dams, levees, berms, weirs, control structures, impoundments, ponds, lakes, streams, canals, ditches, swales, culverts, pipes, subsurface systems of pipes, inlets, and culverts, erosion control, floodways, greenbelts, access and maintenance ways, or similar items to accomplish the above.

Tertiary means all drainage facilities associated with and located within rights-of-way of public roadways, driveways, parking lots, etc., that convey surface water to secondary systems.

(Laws of Fla. ch. 2001-336, § 3)