§ 17-421. 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 17-467 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 of local improvements or the operating cost of related services.

Assessment roll means the special assessment roll relating to local improvements or related services approved by a final assessment resolution pursuant to section 17-466 hereof or an annual assessment resolution pursuant to section 17-467 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 (1) 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 or related service to be funded from proceeds of the assessment.

Board means the Board of County Commissioners of Orange County, Florida.

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.

Charter shall mean the home rule charter of Orange County, Florida.

Comptroller means the Orange County Comptroller, ex officio Clerk to the Board, or other such person as may be duly authorized to act on such person's behalf.

County means Orange 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 17-466 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.

Initial assessment resolution means the resolution described in section 17-462 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.

MSBU means any of the municipal service benefit units heretofore or hereafter created by ordinance of the board or by resolution of the board pursuant to section 17-441 hereof, that specially benefit from a local improvement.

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 (including an internal loan) 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.

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

Ordinance means this Capital Project Assessment Ordinance.

Pledged revenue means, as to any series of obligations:

(1)

The proceeds of such obligations, including investment earnings;

(2)

Proceeds of the assessments pledged to secure the payment of such obligations; and

(3)

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:

(1)

The capital cost of a local improvement;

(2)

The transaction cost associated with the obligations which financed the local improvement;

(3)

Interest accruing on such obligations for such period of time as the county deems appropriate;

(4)

The debt service reserve fund or account, if any, established for the obligations which financed the local improvement; and

(5)

Any other costs or expenses related thereto.

Property appraiser means the Orange County Property Appraiser.

Related service means the operation and maintenance of a local improvement.

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.

Tax collector means the Orange 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:

(1)

Rating agency and other financing fees;

(2)

The fees and disbursements of bond counsel or special counsel to the county;

(3)

The underwriters' discount;

(4)

The fees and disbursements of the county's financial advisor;

(5)

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;

(6)

The fees payable in respect of any municipal bond insurance policy;

(7)

Administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and

(8)

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. 2001-07, 4-3-01; Ord. No. 2003-22, § 3, 12-16-03)