48-571
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48-571. Definitions; appointment of officer A. In this article and article 1 of this chapter, unless the context otherwise requires: 1. "Assessment" or "assessment roll" means a special assessment made under the provisions of this article. 2. "Block" means any parcel of ground, whether regular or irregular, which is bounded by streets, or by one or more streets and by one or more boundary lines of the city or town. 3. "Clerk" includes any person or official who performs the duties of clerk of the city or town. 4. "Contractor" includes the contractor's personal representative or assignee. 5. "Council" or "governing body" includes and means the body or board which by law is constituted the legislative department of an incorporated city or town. 6. "Delinquency" means delinquency in the payment of an assessment made under the provisions of this article. 7. "Designated area" means an area of the municipality which is either designated pursuant to section 36-1479 as a slum or blighted area or designated as a pocket of poverty or a neighborhood strategy area by the United States department of housing and urban development, pursuant to title I of the housing and community development act of 1977 as amended (42 United States Code sections 5301 through 5320) and the department of housing and urban development act (42 United States Code section 3535(d)). 8. "Engineer" includes any person who, under whatever official name, is the civil engineer or surveyor of the city or town, and where there is no elected or appointed official, then the engineer is the person who may be appointed or employed by the council to perform the duties required of an engineer under the provisions of this article. 9. "Improvement bond" means a bond issue under the provisions of this article. 10. "Lighting plants" includes electric light plants, electric power plants, gas plants, distribution systems, poles, parts, pipes, conduits, wires, tanks, reservoirs, generators for gas or electricity, transmission lines, towers, lamps, transformers of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete municipal electric light, power and gas plant and distribution system, placed on the streets improved, though extended beyond. 11. "Lot" includes any portion, piece, parcel or subdivision of land, and includes property owned or controlled by any person as a railroad right-of-way. 12. "Mayor" includes the chairman or president of the governing body. 13. "Municipality" or "city" includes incorporated cities and towns. 14. "Owner" means the person in whom, on the day the action or proceeding is commenced, appears the legal title to the lot by deed recorded in the recorder's office, or the person in possession of the lot under claim of title, or exercising acts of ownership over the lot for the person, or as the personal representative of the owner. 15. "Railroad" includes street railroad and interurban railroad. 16. "Sewers" includes tunnels, excavations, ditches, drains, conduits, channels, outlets, outfalls, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete sewer system, for either sanitary or drainage purposes. 17. "Street" includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds now open or dedicated or hereafter opened or dedicated to public use, and public ways. 18. "Street superintendent" or "superintendent" includes any person who, under whatever official name, is charged with the care or supervision of the streets of the city or town. 19. "Time of delinquency" means the time fixed when assessments become delinquent. 20. "Treasurer" includes any person who, under whatever official name, is the custodian of the funds of the city or town. 21. "Waterworks" includes pipes, hydrants, reservoirs, wells, pumps, pumping plants, conduits, settling basins, filtering plants of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete municipal waterworks system, for fire protection, or for domestic irrigation, mechanical or power purposes, placed on the streets improved, though extended beyond. 22. "Work" or "improvement" includes any or all of the improvements mentioned and authorized to be made in this and article 1 of this chapter and the construction, reconstruction and repair of all or any portion of the improvements, and all labor, services, incidental expenses and material necessary or incidental to the construction, reconstruction or repair. B. In any city or town having no officer in this article designated, or performing like duties, the governing body may appoint a suitable person to discharge the duties. |