§ 8-6.103. Definitions.

Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Acquisition" and its variants means acquisition, construction, improvement, furnishing, equipping, remodeling, repair, reconstruction or rehabilitation.

"Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by the City pursuant to this chapter, which are payable exclusively from revenues and other funds permitted by this chapter.

"Chapter" means this Chapter 6 of Title 8 of the Modesto Municipal Code, as amended from time to time in accordance herewith.

"Charter" means the Charter of the City, as amended from time to time.

"City" means the City of Modesto, California, a Charter City in the State existing under and exercising powers pursuant to the Charter and the Constitution of the State.

"City Council" means the City Council of the City.

"Costs" means, with reference to a project, any or all of the following costs incurred for the acquisition thereof:

(1)

Obligations of the City incurred for labor and materials in connection with the acquisition of the project;

(2)

The cost of acquisition of any property, whether real or personal and improved or unimproved, including franchise rights and other intangible property, and any interests therein, required for the acquisition of the project;

(3)

The cost of demolishing, removing or relocating any building or structure, and the cost of making relocation assistance payments required by law;

(4)

The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition of the project;

(5)

All costs of engineering, legal and consultant services, including the costs of the City for surveys, estimates, plans and specifications and preliminary investigation therefor, and for supervising construction, as well as for the performance of all other duties required by or consequent upon the proper acquisition of the project;

(6)

All costs incurred in connection with proceedings by the City necessary to comply with the California Environmental Quality Act of 1970, as amended;

(7)

All amounts required to fund any reserve funds for bonds and any interest on bonds becoming due and payable during a period not exceeding the period of acquisition of the project and twelve (12) months thereafter;

(8)

All costs of issuance of the bonds;

(9)

All costs which the City shall be required to pay, under the terms of any contract or contracts, for the acquisition of the project;

(10)

The refinancing of any existing indebtedness secured by an interest in any real property comprising any portion of the project, so long as and to the extent that such refinancing does not cause interest on the bonds to become taxable under Section 103 of the Internal Revenue Code of 1954, as amended; and

(11)

Any sums required to reimburse the City for advances made for any of the above items or for any other costs incurred and for work done which are properly chargeable to the project.

"Enterprise" means any and all facilities of the City for the disposal or reuse of wastewater, including sewage treatment plants, intercepting and collecting sewers, outfall sewers, force mains, pumping stations, ejector stations, pipes, valves, machinery and all other appurtenances necessary, useful or convenient for the collection, treatment, purification or disposal of sewage, and any necessary lands, rights-of-way and other real or personal property useful in connection therewith.

"Revenues" means all gross income and revenue received by the City from the ownership and operation of the enterprise, including all fees and charges received by the City for the services of the enterprise and all other income and revenue howsoever derived by the City from the ownership and operation of the enterprise or arising from the enterprise, and including all receipts derived from the investment of such income or revenues, including moneys deposited in a sinking, redemption or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of or interest on the bonds and such other moneys as the City Council may in its discretion make available therefor. With respect to any grant anticipation notes issued pursuant to Section 8-6.210 of this chapter, the term "revenues" shall also include the revenues derived from the proceeds of any Federal or State grant with respect to the enterprise.

"State" means the State of California.

(Added by Ord. 2290-C.S., § 1, amended by Ord. 3478-C.S., § 2, effective 4-3-08)