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Stockton Municipal Code

Chapter 9
PUBLIC WORKS

Part V
STOCKTON IMPROVEMENT PROCEDURE CODE

Division 1
GENERAL PROVISIONS

Article 2
Definitions


SEC. 9-112. STREET:

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 (5) years next preceding, or which have been dedicated to a semi-public use.

SEC. 9-113. TITLES:

Titles to Sections are a part of the same Section. Id when used in a title, means that the subject matter of the Section is a part of the subject matter of the last preceding Section in the title of which the word Id does not appear and the subject matter of all intervening Sections.

SEC. 9-114. LOT:

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

SEC. 9-115. BLOCK:

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.

SEC. 9-116. QUARTER BLOCK:

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.

SEC. 9-117. PLACE:

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 5 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.

SEC. 9-118. PAVED:

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

SEC. 9-119. CONTRACTOR:

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.

SEC. 9-120. OWNER:

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 of the tenant or lessee holding and occupying the property shall be deemed to be the possession of the owner.

SEC. 9-121. ACQUISITIONS, ETC.:

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 Code, 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. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being.

SEC. 9-122. WORK:

Work or improvement, whether used singly or in combination, mean and include any work which is authorized to be done or any improvement which is authorized to be made under this Code, as well as the construction, reconstruction and repair of all or part of any of the work or improvement.

SEC. 9-123. PROJECT:

Project or improvement, when used in the generic sense, mean the acquisition and/or improvement undertaken in a singular proceeding.

SEC. 9-124. PUBLIC IMPROVEMENT:

Public improvement shall mean and include 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), the acquiring, improving, establishing, equipping, repairing or maintaining or operating of any of the facilities, works or improvements enumerated in Sections 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20 and 21 of Article III, and Sections 17, 20, 29, 46, 47, 49 and 54 of Article V of the Stockton City Charter, and all other improvements of a local nature whether or not of the same class or otherwise germane to any of those specified therein.

SEC. 9-125. INTERPRETATION:

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 Code and may proceed to apply the procedures of this Code as though such improvement were specifically enumerated in one of the references heretofore mentioned.

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