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This title is adopted pursuant to the municipal affairs provision being Article II of the Charter of the City of Palo Alto. In proceedings had pursuant hereto which are a municipal affair, the general laws herein referred to are deemed a part hereof.
(Ord. 2277 (part), 1966: prior code § 40.107)
In the event any proceeding had pursuant hereto shall be adjudged a state affair, it is hereby declared to be the intention that said proceedings were had pursuant to the general law or laws cited in this title, or chapters or sections hereof specified in the resolution of intention therein.
(Ord. 2277 (part), 1966: prior code § 40.108)
(a) The following terms shall, for the purpose of this title, have the meanings given them in this section:
(1) The words "acquisition" and "improvement," when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this title, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein.
(2) "Block," whether it be a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it.
(3) "City" means city of Palo Alto.
(4) "Clerk" and "city clerk" refer to the clerk of the city.
(5) "Contractor" means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to whom a contract for the performance of any work authorized is awarded.
(6) "Council" or "city council" means the council of the city.
(7) "County" means Santa Clara County.
(8) "Engineer" and "city engineer" refer to city employees with such titles or the equivalent duties.
(9) The words "general law" or the word "act" or the reference to any law or act by its title mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, any law or act incorporated herein or made applicable hereby shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in the proceedings.
(10) "Lot," "land," "piece," or "parcel of land," whether used singly or in combination, mean and include property owned or controlled by any person.
(11) "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office of the county in which the property is situated, or the person in possession of the property or buildings under claim of ownership, or exercising acts of ownership over the same for himself, or as life tenant, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.
(12) "Parking place" means and includes a parking lot, garage, or sub-surface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places.
(13) "Paved" or "repaved" means and includes pavement of any commonly used paving material.
(14) "Place" means and includes any public street, alley or easement or other public property which has been dedicated and accepted or is otherwise publicly owned according to law, or which has been in common and undisputed use by the public for a period of not less than five years next preceding, or which is sought to be acquired in any proceeding undertaken pursuant to this title, or which is sought to be acquired in conjunction with any proceeding undertaken pursuant hereto.
(15) "Project" or "improvement" when used in the generic sense, means the acquisition and/or improvement undertaken in a single proceeding.
(16) "Quarter block," when used with reference to an irregular block, includes all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next street, or, if no street intervenes, to a boundary line of some other parcel which is not a part of that block.
(17) "Street" means and includes avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding or which have been dedicated to a semi-public use.
(18) "Street superintendent" or "superintendent of streets" refers to city employees with such titles or the equivalent duties.
(19) "Treasurer" means the treasurer of the city.
(20) "Work" or "improvement" whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this title, as well as the construction, reconstruction and repair of all or part of any such work or improvement.
(Ord. 4642 § 18, 2000: Ord. 2277 (part), 1966: prior code § 40.111)
(a) The term "incidental expenses," when referring to proceedings for an acquisition, shall be deemed to mean and shall include:
(1) The amounts awarded to the defendants by the interlocutory judgments;
(2) The costs of the defendants;
(3) The compensation and expenses of the referees, as allowed by the court;
(4) All other costs of the plaintiff in such action and expenses incurred by it in the trial thereof, including the compensation paid expert appraisers and witnesses;
(5) All expenses necessarily incurred in connection with such proceedings for the publication, mailing and posting of resolutions, notices and orders in any of the proceedings;
(6) For maps, plats, surveys, searches and certificates of title to the property to be acquired;
(7) The compensation of the attorneys;
(8) The compensation of the engineers;
(9) The clerical, stenographic and printing expenses incident to the actions;
(10) The estimated cost of preparing and selling the bonds; and
(11) Any other expenses incurred by authority of this title or incidental to the completion of the acquisition in the manner herein specified.
(Ord. 2277 (part), 1966: prior code § 40.112)
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