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(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)
(a) Incidental expenses when referring to proceedings for an improvement, shall be deemed to mean and shall include all expenses necessarily incurred in the proceedings:
(1) For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings;
(2) The compensation of the attorneys;
(3) The compensation of the superintendent of work;
(4) The compensation of the engineers;
(5) The estimated cost of preparing and selling the bonds; and
(6) Any other expenses incurred by authority of this title or incidental to the completion of the improvement in the manner herein specified.
(Ord. 2277 (part), 1966: prior code § 40.113)
(a) Resolution of Intention. The resolution of intention shall specify the parts of this title pursuant to which the proceedings are taken.
(b) References to Resolution of Intention. In all resolutions, notices, orders and determinations, subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement.
(Ord. 2277 (part), 1966: prior code § 40.114)
(a) Notices when Expressly Provided. No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this title, shall be necessary to give validity to any of the proceedings provided for herein.
(b) Failure to Designate Officer. Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of posting or publishing or mailing or procuring the same, is not specifically enjoined upon any officer or person, the clerk shall post or mail or procure the publication or posting or mailing thereof, as the case may be.
(c) Publication and Filing. Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city, unless fewer publications are provided by general law. If any hearing is therein noticed, said hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law. The filing or recording of any maps, diagram or other documents required to be filed or recorded in the office of the county recorder or in the office of any other public official prior to any hearing or any other event shall be filed or recorded not less than ten days prior to such hearing or event unless a shorter time is provided by general law.
(d) Posting and Mailing. It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless no publication is provided or posting or mailing is necessary to provide jurisdiction. In such event said posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law.
(e) Where Posted. All documents provided to be posted, other than a notice of improvement, shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the city hall.
(f) Mailing. When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved as follows:
(1) To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for city taxes, including the utility roll, at said addresses.
(2) In cases of transfers of land or parts thereof, subsequent to the date on which the last assessor's roll was prepared, to such transferee, at his name and address, as the same appear on the records in the assessor's office which the assessor will use to prepare the next ensuing assessor's roll.
(3) To each person, including the owner or person having an interest in property assessed by the state under Section 14 of Article XIII of the California Constitution, who have filed with the county assessor for the current fiscal year, a statement of his name, address, and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Gov. Code 58905), at said address.
(4) To such person at his address or as otherwise known to the clerk.
(5) In case of doubt as to the name and address of any owner, the clerk shall cause said notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on, entering, leaving or passing said property.
(g) Notice of Improvement. Notices of improvement shall be entitled "Notice of Improvement" in letters at least one-half inch in height. The council may provide in the resolution of intention or other document fixing hearing whether and where such notices shall be posted.
(h) Certificates. The certificate of the clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.
(i) Notice Inviting Sealed Proposals or Bids. Notice inviting sealed proposals or bids for the construction of improvements shall be published in the same manner and for the same period of time as is provided by law for general city contracts.
(Ord. 2443 (part), 1988: Ord. 2277 (part), 1966: prior code § 40.115)
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