19-31-5 - Definitions.
§ 19-31-5. Definitions.
As used in this chapter the following terms shall have the meanings ascribed to them in this section unless the context clearly requires otherwise:
(a) "Assessable improvements" means any public improvements and community facilities that the district is empowered to provide in accordance with this chapter.
(b) "Assessment bonds" means special obligations of the district that are payable solely from proceeds of the special assessments levied for an assessable project.
(c) "Board" or "board of directors" means the governing board of the district or, if such board has been abolished the board, body or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law.
(d) "Bond" includes certificate, and the provisions that are applicable to bonds are equally applicable to certificates. The term "bond" includes any assessment bond, refunding bond, revenue bond and other such obligation in the nature of a bond as is provided for in this chapter.
(e) "Public improvement district" or "district" means a special district that is created pursuant to this chapter and limited to the performance of those specialized functions authorized by this chapter, the boundaries of which are contained wholly within a single county or two (2) or more contiguous counties; the governing head of which is a body created, organized and constituted and authorized to function specifically as prescribed in this chapter for the delivery of public improvement services; and the formation powers, governing body, operation, duration accountability, requirements for disclosure and termination of which are as required by general law.
(f) "Cost," when used with reference to any project, includes, but is not limited to:
(i) The expenses of determining the feasibility or practicability of acquisition, construction or reconstruction.
(ii) The cost of surveys, estimates, plans and specifications.
(iii) The cost of improvements.
(iv) Engineering, fiscal and legal expenses and charges.
(v) The cost of all labor, materials, machinery and equipment.
(vi) The cost of all lands, rights, servitudes and franchises acquired.
(vii) Financing charges.
(viii) The creation of initial reserve and debt service funds.
(ix) Working capital.
(x) Interest charges incurred or estimated to be incurred on money borrowed before and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine.
(xi) The cost of issuance of bonds pursuant to this chapter, including advertisements and printing.
(xii) The cost of any election held pursuant to this chapter and all other expenses of issuance of bonds.
(xiii) The discount, if any, on the sale or exchange of bonds.
(xiv) Administrative expenses.
(xv) Such other expenses as may be necessary or incidental to the acquisition, construction or reconstruction of any project or to the financing thereof, or to the development of any lands within the district.
(g) "District manager" means the manager of the district.
(h) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges and thoroughfares of all kinds and descriptions.
(i) "Landowner" means the owner of land, including real property as it appears in the official records of the county, including a trustee, a private corporation or other entity, and an owner of a condominium unit.
(j) "Project" means any development, improvement, property, utility, facility, works, enterprise or service undertaken after the passage of this chapter or established under the provisions of this chapter.
(k) "Revenue bonds" means obligations of the district that are payable from revenues derived from sources other than ad valorem taxes on real or personal property and that do not pledge the property, credit or general tax revenue of the district.
(l) "Sewer system" means any plant, system, facility or property, and additions, extensions and improvements thereto, useful or necessary in connection with the collection, treatment or disposal of sewage.
(m) "Water management and control facilities" means any lakes, canals, ditches, reservoirs, dams, levees, floodways, pumping stations or any other works, structures or facilities for the conservation, control, development, utilization and disposal of water, and any purposes incidental thereto.
(n) "Water system" means any plant system, facility or property, and additions, extensions, and improvements thereto, useful or necessary in connection with the development of sources, treatment or purification and distribution of water.
Sources: Laws, 2002, ch. 499, § 3; Laws, 2007, ch. 405, § 1, eff July 2, 2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of the section.)