The definitions contained in this Section govern the construction of this Chapter unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof.
BENEFIT ASSESSMENT DISTRICT. An assessment district formed pursuant to this Chapter.
CLERK. The City Clerk of the City of Culver City.
ENGINEER. The City Engineer of the City of Culver City or any other person designated by the City Council as the engineer for the purposes of this Chapter, including any officer, board, or employee of the City or any private person or firm officially employed by the City as engineer for the purposes of this Chapter.
FISCAL YEAR. The twelve-month period commencing on July 1 and ending on the following June 30.
IMPROVEMENT. The acquisition, installation, construction, operation, maintenance, servicing or incidental expenses of any public works which the City is otherwise authorized to construct, install, maintain, or service, including the whole or any portion, either in length or in width, of any one or more of the streets, places, public ways, or property, easements, or rights-of-way, open or dedicated to public use, and any property for which an order for possession prior to judgment has been obtained, to be improved by or have constructed therein, over, or thereon, either singly or in any combination thereof, any of the following:
1. The grading or regrading, the paving or repaving, or the graveling or regravelingthereof.
2. The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, and other ornamental structures, parks and parkways, recreation areas, including all structures, buildings, and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended, culverts, bridges, walls, curbs, gutters, tunnels, subways, or viaducts.
3. Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels, or other appurtenances.
4. Drains, tunnels, sewers, conduits, culverts, and channels for drainage and/or stormwater and flood control purposes, together with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances, including systems designed to remove trash or other contaminants from storm water.
5. Poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances for the purpose of lighting the streets, places, or public ways of the City or property or rights-of-way owned by the City, or for the purpose of furnishing electricity and electric service, telephone service or similar utility service to property within the City.
6. The conversion of existing overhead electric and communication facilities to underground locations.
7. Pipes, hydrants, and appliances for fire protection.
8. Wells, pumps, dams, reservoirs, storage tanks, channels, tunnels, conduits, pipes, hydrants, meters, or other appurtenances for supplying or distributing a domestic water supply.
9. Mains, services, pipes, fittings, valves, regulators, governors, meters, drips, drains, tanks, ditches, tunnels, conduits, channels, or other appurtenances for supplying or distributing a domestic or industrial gas supply.
10. Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this Section.
11. The installation, replacement or planting of landscaping, trees, shrubs, or other ornamental vegetation.
12. Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains, and other structures suitable for the purpose of stabilizing land.
13. The installation or construction of public lighting facilities, including, but not limited to street lighting and traffic signals.
14. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of water, stormwater, irrigation, drainage, or electrical facilities.
15. The installation of park or recreational improvements, including, but not limited to, all of the following:
a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
b. Lights, playground equipment, play courts, and public restrooms.
16. The acquisition, construction, maintenance or servicing of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
17. All other work that may be deemed necessary to maintain, service and improve the whole or any portion of those streets, places, public ways, property, parks, easements, or rights-of-way owned by the City including for the security of public property such as security cameras or other equipment and security patrols for the deterrence of damage to public property.
18. All other work auxiliary to any of the above, which may be required to carry out the above.
19. The acquisition of land or right-of-ways for any of the improvements above.
INCIDENTAL EXPENSES. Expenses incurred in conjunction with benefit assessment districts, and include:
1. The cost of preparation of the engineer's report, including plans, specifications, estimates, diagram and assessment.
2. The cost of printing, advertising, and the giving of published, posted, and mailed notices.
3. Compensation payable to the County for collection of assessments.
4. Compensation of any engineer, consultant or attorney employed to render services in proceedings pursuant to this Chapter, as well as City staff time and any expenses.
5. Any other expenses incidental to the construction or installation of the improvements or to the maintenance and servicing thereof.
6. Any expenses incidental to the issuance of bonds or notes pursuant to § 15.01.095.
7. Costs associated with any ballot proceedings held for the approval of a new or increased assessment.
INCLUDING. Including without limitation, unless otherwise expressly limited.
MAINTENENCE. “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
1. Repair, removal, rehabilitation or replacement of all or any part of any improvement.
2. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
3. The removal of trimmings, rubbish, debris, and other solid waste.
4. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
NOTICE. Any resolution, order, or other instrument authorized or required by this Chapter to be published, posted, or mailed subject to the requirements of the Proposition 218 Omnibus Implementation Act beginning with Cal. Gov't Code § 53750 and Article XIIID of the California State Constitution.
PROPERTY OWNER. Any person shown as the owner of land on the last equalized county assessment roll; provided when such person is no longer the owner, then any person entitled to be shown as owner on the next county assessment roll if such person is known to the City. Where land is subject to a recorded written agreement of sale, any person shown therein as purchaser shall be considered as a property owner if such person is known to the City.
PUBLIC AGENCY. The State or Federal governments, city, city and county, county, or other public corporation or body formed pursuant to charter, general law, or special act, for the performance of governmental or proprietary functions within limited boundaries, and any department, board, commission, independent agency, or instrumentality of any of the foregoing.
PUBLIC PLACES. Any publicly owned property, either in use in the performance of a public function or to be used in the performance of a public function, upon which the installation of the improvements herein will take place, including any public building, street, highway, road, alley, lane, boulevard, part, or parkway.
PUBLIC UTILITY. Any public utility subject to the jurisdiction of and regulated by the Public Utilities Commission.
SERVICES. ”Service” or “servicing” includes the cost of maintaining any facility used to provide any service and the furnishing of:
1. Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
2. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
3. Other utility services as applicable.
TREASURER. The City Treasurer of the City of Culver City.
ZONE. All territory within an assessment district which will receive substantially the same degree of benefit from the improvements.
('65 Code, § 33I-9) (Ord. No. 87-012 § 1; Ord. No. 91-014 § 5; Ord. No. 2012-004 § 1 (part))