§ 161.03. Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein when not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.

Annual rate resolution shall mean the resolution described in subsection 161.05(H) hereof, establishing the rate at which a special lighting assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a special lighting assessment is imposed or reimposed and for subsequent years unless and until amended by a subsequent annual rate resolution.

Assessment area shall mean an area identified by city resolution wherein, pursuant to the request of affected property owners, the city council has determined to provide residential street lighting and assessed the benefitted property the costs of providing the same.

Assessed property shall mean all parcels of land included on the assessment roll that receive a special benefit from the provision of residential street lighting identified in the initial assessment resolution or a subsequent preliminary rate resolution.

Assessment roll shall mean the special assessment roll relating to a residential street lighting assessment approved by a final assessment resolution pursuant to subsection 161.05(F) hereof or an annual rate resolution pursuant to subsection 161.05(H) hereof.

City shall mean the City of Port St. Lucie, Florida, a municipal corporation, acting through the city council or city manager.

City clerk shall mean the city clerk of the City of Port St. Lucie. When used in this chapter it shall also mean the city clerk's designated representative.

Council shall mean the city council of the City of Port St. Lucie, Florida.

City manager shall mean the city manager of the City of Port St. Lucie. When used in this chapter it shall also mean the city manager's designated representative.

Final assessment resolution shall mean the resolution described in subsection 161.05(F) hereof which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of residential street lighting assessments.

Fiscal year shall mean that period commencing October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the city.

Incorporated area shall mean that area included within the incorporated area of the City of Port St. Lucie including those areas that may, from time to time, be annexed for inclusion therein.

Initial assessment resolution shall mean the resolution described in section 161.05(B) hereof, which shall be the initial proceeding for the identification of the special assessment area for which an assessment is to be made and for the imposition of a residential street lighting assessment.

Person shall mean any person, firm, partnership, company, association, or organization of any kind.

Preliminary rate resolution shall mean the resolution described in section 161.05(H) hereof initiating the annual process for updating the assessment roll and directing the re-imposition of residential street lighting service assessments pursuant to an annual rate resolution.

Property appraiser shall mean the St. Lucie County property appraiser.

Residential street lighting assessment areas shall mean those areas currently assessed pursuant to Ordinance 80-2, as amended, together with additional areas created pursuant to this chapter.

Residential street lighting assessment shall mean a special assessment lawfully imposed by the city against assessed property to fund all or any portion of the cost of the provision of residential street lighting providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property.

Residential street lighting cost shall mean the amount necessary to fund the city's construction, placement and maintenance of residential street lighting facilities that is allocable to assessed property during a fiscal year and may include, but is not limited to:

(1)

The cost, whether direct or indirect, of all services, programs or facilities provided by the city, or through contractual arrangements with the city relating to residential street lighting activities;

(2)

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

(3)

All costs associated with the structure, implementation, collection, and enforcement of the residential street lighting assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the tax collector or property appraiser;

(4)

All other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the residential street lighting assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the council;

(5)

Reimbursement to the city or any other person for any monies advanced for any costs incurred by the city or such person in connection with any of the foregoing items of residential street lighting cost.

Tax collector shall mean the St. Lucie County tax collector.

Tax roll shall mean 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 shall mean 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. 09-64, § 1, 8-10-09)