§ 2-370. Definitions.

As used in this article, 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] 2-387 hereof, approving an Assessment Roll for a specific Fiscal Year.

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 identified in the Initial Assessment Resolution.

Assessment means a special Assessment imposed by the Village pursuant to this article to fund Service Costs 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.

Assessment Area means any of the areas created by resolution of the Village Council pursuant to section 2-373 hereof, that specially benefit from a service, facility, or program.

Assessment Roll means the special Assessment roll relating to an Assessment approved by a Final Assessment Resolution pursuant to section 2-386 hereof or an Annual Rate Resolution pursuant to section 2-388 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: dwelling units, front footage, platted lots or parcels of record, vested lots, land area, improvement area, equivalent residential connections, equivalent residential units, 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 has a logical relationship to the service, facility, or program to be funded from proceeds of the Assessment.

County means Miami-Dade County, Florida.

Final Assessment Resolution means the resolution described in section 2-386 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 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 Village.

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 2-382 hereof which shall be the initial proceeding for the identification of the service, facility, or program for which an Assessment is to be made and for the imposition of an Assessment.

Maximum Assessment Rate means the maximum rate of Assessment established by the Final Assessment Resolution for the service, facility, or program identified in the Initial Assessment Resolution.

Ordinance means this Master Service Assessment Ordinance, 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.

Preliminary Rate Resolution means the resolution described in section 2-388 hereof initiating the annual process for updating the annual Assessment Roll and directing the reimposition of Assessments pursuant to an Annual Rate Resolution.

Property Appraiser means the property appraiser of Miami-Dade County.

Service Cost means the amount necessary in any Fiscal Year to fund the provision of a defined service, facility, or program which provides a special benefit to Assessed Property, and can include, but not be limited to:

(1)

The cost of physical construction, reconstruction or completion of any required facility or improvement;

(2)

The costs incurred in any required acquisition or purchase;

(3)

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

(4)

The cost of fuel, parts, supplies, maintenance, repairs, and utilities;

(5)

The cost of computer services, data processing, and communications;

(6)

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

(7)

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

(8)

The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits;

(9)

The cost of uniforms, training, travel, and per diem;

(10)

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

(11)

The cost of engineering, financial, legal, and other professional services;

(12)

The costs of compliance with any contracts or agreements entered into by the Village relating to the provision of said services;

(13)

All costs associated with the structure, implementation, collection, and enforcement of the Assessments, including any service charges of the clerk, tax collector, or property appraiser, and delinquent amounts from prior impositions, and amounts necessary to off-set discounts received for early payment of Assessments pursuant to the Uniform Assessment Collection Act or for early payment of Assessments collected pursuant to section 2-392 herein;

(14)

All other costs and expenses necessary or incidental to the acquisition, provision, or construction of the service, facility, or program to be funded by the Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Village Council by subsequent resolution;

(15)

An amount for contingencies and anticipated delinquencies and uncollectible Assessments; and

(16)

Reimbursement to the Village or any other person for any moneys advanced for any costs incurred by the Village or such person in connection with any of the foregoing items of service cost.

Tax Collector means the tax collector of Miami-Dade 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.

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.

Village means Bal Harbour Village, Florida.

Village Council means the governing body of Bal Harbour Village, Florida.

Village Manager means the chief administrative officer of the Village, or such person's designee.

(Ord. No. 552, § 2, 9-13-2011)