Merced Municipal Code Ch. 13.04 Definitions

The following terms when used in this title or in any proceedings conducted pursuant hereto or in any laws referred to in this title have the meanings set forth in this chapter unless the context requires otherwise.

(Prior code § 14A.12).

"Acquisition and improvement," when used, referring to that which is done, which is to be done, or which may be done under proceeding's had under this title, is understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and refers to and includes any or all of the things comprehended in the meaning of the words acquire and improve in this title. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after the thing being acquired comes into being.

(Prior code § 14A.28).

"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.

(Prior code § 14A.22).

"City" means the city of Merced.

(Prior code § 14A.13).

"Clerk" means the city clerk of the city.

(Prior code § 14A.14).

"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.

(Prior code § 14A.26).

"Council" means the council of the city.

(Prior code § 14A.15).

"County" means the county of Merced.

(Prior code § 14A.16).

"Director of finance" means the city director of finance.

(Prior code § 14A.18).

"Engineer" or "superintendent of streets" means the director of public works.

(Prior code § 14A.17).

Notwithstanding the enumeration of specific improvements falling within the definition of public improvement, the city council may determine that any work or improvement which may be acquired or constructed, repaired, operated or maintained in the name of the city as a local improvement is a public improvement as used in this title and may proceed to apply the procedures, of this title as though such improvement were specifically enumerated in one of the references heretofore mentioned.

(Prior code § 14A.32).

"Lot, land, piece or parcel of land," whether used singly or in combination, includes property owned or controlled by any person.

(Prior code § 14A.21).

"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 building 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 f the tenant or lessee holding and occupying the property means the possession of the owner.

(Prior code § 14A.27).

"Paved" or "repaved" includes pavement of any commonly used paving material.

(Prior code § 14A.25).

"Place" includes any public street, alley, easement, right-of-way 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 conjunction with any proceeding undertaken pursuant hereto, or any encroachment permit on any state highway or public utility property.

(Prior code § 14A.24).

"Project" or "improvement," when used in the generic sense, means the acquisition and/or improvement undertaken in a single proceeding.

(Prior code § 14A.30).

"Public improvements" means and includes all those kinds of work as set out in Division 7, Part 3, Chapter 1 (Section 5101) of the Streets and Highways Code, Division 12, Chapter 2 of the Streets and Highways Code (Section 10100), and all other improvements of a local nature whether or not of the same class or otherwise germane to any of those specified therein.

(Prior code § 14A.31).

"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 the 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.

(Prior code § 14A.23).

"Street" includes avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated or offered for dedication 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 semipublic use.

(Prior code § 14A.19).

"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 of the work or improvement.

(Prior code § 14A.29).