§ 8-8.103. Definitions.

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

(a)

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

(b)

"Bonds" means any bonds, notes, interim certificates, commercial paper, 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.

(c)

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

(d)

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

(e)

"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.

(f)

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

(g)

"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 or payable from revenues; 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.

(h)

"Enterprise" means any and all facilities and assets, real and personal, tangible or intangible of the City, now or hereafter existing, for the transmission or distribution or sale of water, including (1) all property rights, contractual rights and facilities of the City relating to water, including all facilities, properties, structures or works for the treatment, conservation, storage, transmission or distribution of water now owned by the City; and (2) all additions, betterments, extensions or improvements to such facilities, properties, structures or works or any part thereof hereafter acquired and constructed.

(i)

"Project" means any project undertaken by the City for the acquisition or construction of any improvement, betterment or additions to or extension of the enterprise.

(j)

"Revenues" means all gross, income and revenue received or receivable by the City from the ownership or operation of the enterprise, including all rates, fees and charges (including all connection fees, contributions in aid of construction, and charges and standby water availability charges) received by the City for the water service and the other services and facilities of the enterprise and all other income and revenue howsoever derived by the City from the ownership or operation of the enterprise or arising from the enterprise, but excluding in all cases any proceeds of taxes and any refundable deposits made to establish credit and advances. With respect to any grant anticipation notes issued pursuant to Section 8-8.211 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.

(k)

"State" means the State of California.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)