San Jose Municipal Code Part 2 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 26340.)

"Acquisition" and its variants means the acquisition of any land or improvement constituting a component of the airport.

(Ord. 26340.)

"Airport" means, to the extent permitted by the Charter, improvements, buildings, systems, plants, works, facilities or other undertakings used or useful for the purpose of providing public airports and facilities appurtenant or otherwise related thereto.

(Ord. 26340.)

"Bonds" means any bonds, notes, interim certificates, debentures or other obligations or other evidences of indebtedness issued by the city pursuant to this chapter, which are payable exclusively from revenues and other funds permitted by this chapter.

(Ord. 26340.)

"Construction" and its variants means the construction, improvement, furnishing, equipping, remodeling, repairing, reconstruction or rehabilitation of any component of the airport.

(Ord. 26340.)

"Costs" means, with reference to the airport or any component thereof, any or all of the costs incurred for the acquisition or construction of the airport, including without limitation the following:

A. Obligations incurred for labor and materials in connection with the acquisition or construction of any component of the airport;

B. 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 any component of the airport;

C. The cost of demolishing, removing or relocating any building or structure, and the cost of making relocation assistance payments required by law;

D. The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition or construction of any component of the airport;

E. All costs of engineering, legal and consultant services, including the costs 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 or construction of any component of the airport;

F. All costs incurred in connection with proceedings by the city necessary to comply with an act commonly referred to as the California Environmental Quality Act or the National Environmental Policy Act or similar laws or regulations, as such act has been amended and supplemented from time to time;

G. All amounts required to fund any reserve funds for bonds and any interest on bonds becoming due and payable during a period established by the council;

H. All costs of issuance of the bonds, including but not limited to, legal and consulting fees and disbursements, trustee fees, advertising and printing costs, costs of preparation and reproduction of documents, recording fees, the fees incurred with respect to obtaining any credit enhancement, liquidity facility, interest rate exchange agreement and any letter of credit;

I. All costs which the city shall be required to pay, under the terms of any contract or contracts, for the acquisition or construction of any component of the airport;

J. The refinancing of any existing indebtedness issued to finance or refinance the airport; and

K. Any sums required to reimburse the city for advances made for any of the above items or for any other costs incurred for a lawful aviation-related purpose.

(Ord. 26340.)

"Financing agreement" means a trust agreement or an indenture by and between the city and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state.

(Ord. 26340.)

"Revenues" means all gross income and revenue received by the city from the ownership and operation of the airport, including all fees and charges received by the city for the services of the airport and all other income and revenue howsoever derived by the city from the ownership and operation of the airport or arising from the airport, and including all receipts derived from the investment of such income or revenues, including moneys deposited in a sinking, redemption or reserve fund or other fund pledged to secure the bonds or to provide for the payment of the principal of or interest on the bonds and such other moneys as the council may in its discretion make available therefor.

(Ord. 26340.)