Terms Used In California Codes > Streets and Highways Code > Division 7 > Part 3 - PERFORMING THE WORK

• Advocacy: means those activities undertaken on behalf of persons who are receiving or have received mental health services to protect their rights or to secure or upgrade treatment or other services to which they are entitled. See California Welfare and Institutions Code 5500
• Allegation: something that someone says happened.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• arterial or collector street section: is a street section with more than one traffic lane in each direction either before or after the proposed improvement, or a street section on which more than 70 percent of the average daily vehicle trips do not originate or end within the proposed assessment district. See California Streets and Highways Code 5871
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Balanced budget: A budget in which receipts equal outlays.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: means any person who has received benefits or will be provided benefits under this chapter because of an injury for which another person or party may be liable. See California Welfare and Institutions Code 14124.70
• Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Corporations Code 14601
• block: as used in this chapter , if so designated by the superintendent of streets. See California Streets and Highways Code 5870
• Board: means the State Public Works Board. See California Public Resources Code 5080.02
• board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
• California Register: means the California Register of Historic Resources. See California Public Resources Code 5079.01
• Carrier: includes any insurer as defined in §. See California Welfare and Institutions Code 14124.70
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
• City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
• client: means a person who is receiving or has received services from a mental health facility, service, or program and who has personally or through a guardian ad litem, entered into an agreement with a county patients' rights advocate for the provision of advocacy services. See California Welfare and Institutions Code 5500
• Coastal resources: means those land and water areas within the coastal zone, as defined in subdivisions (a) and (b) of Section 31006, and within the Santa Monica Mountains Zone, as described in Section 33105, which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas, or which are suitable for the preservation of coastal resource values. See California Public Resources Code 5096.144
• Coastal resources: means those land and water areas within the coastal zone, as defined in subdivisions (a) and (b) of Section 31006, and within the Santa Monica Mountains Zone, as described in Section 33105, which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas, or which are suitable for the preservation of coastal resource values. See California Public Resources Code 5096.228
• Commission: means the State Historical Resources Commission. See California Public Resources Code 5079.01
• Commission: means the State Park and Recreation Commission. See California Public Resources Code 5080.02
• commission: means the California Transportation Commission. See California Streets and Highways Code 22
• Communication service: means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits, and circuits for the transmission of television or radio signals. See California Streets and Highways Code 5896.2
• Community property: means :

  California Probate Code 28

• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Conservatee: includes a limited conservatee. See California Probate Code 29
• Conservator: includes a limited conservator. See California Probate Code 30
• Contract: means a contract for the construction, maintenance, and operation of a concession. See California Public Resources Code 5080.02
• Controller: means the State Controller. See California Revenue and Taxation Code 21
• conversion: means the removal of all, or any part, of any existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See California Streets and Highways Code 5896.2
• Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Revenue and Taxation Code 15
• County: includes "city and county. See California Welfare and Institutions Code 14
• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• dealer: includes a retailer. See California Welfare and Institutions Code 14125.1
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
• department: means the State Department of Health Services. See California Welfare and Institutions Code 14062
• Department: means the State Department of Health Services. See California Welfare and Institutions Code 14125.1
• Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
• director: means the Director of the State Department of Health Care Services. See California Welfare and Institutions Code 5601
• director: means the State Director of Health Services. See California Welfare and Institutions Code 14061
• Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
• District: means any district authorized to provide park, recreation, or open space services, or a combination of such services, except a school district. See California Public Resources Code 5096.144
• District: means any district authorized to provide park, recreational, or open-space services, or a combination of those services, except a school district. See California Public Resources Code 5096.228
• Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
• Driveway: means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles. See California Streets and Highways Code 5870
• Efficiency improvements: means permanent improvements fixed to residential, commercial, industrial, agricultural, or other real property. See California Streets and Highways Code 5898.20
• Electric or communication facilities: means any works or improvements used or useful in providing electrical, cable television, or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances, other than those owned or used by, or provided for, any railroad or pipeline, and located upon or above the right-of-way of the railroad or pipeline. See California Streets and Highways Code 5896.2
• Electric service: means the distribution of electricity for heat, light, or power. See California Streets and Highways Code 5896.2
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
• executive officer of the board: means the director of the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to §. See California Revenue and Taxation Code 20.5
• facing: as used in this chapter , means "abutting" in the case of property adjoining an alley improvement. See California Streets and Highways Code 5871
• Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
• Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fund: means the California Heritage Fund created pursuant to Section 5079. See California Public Resources Code 5079.01
• Fund: means the Parklands Fund of 1980. See California Public Resources Code 5096.144
• Fund: means the Parklands Fund of 1984. See California Public Resources Code 5096.228
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• gutters: shall include only above-ground structures appurtenant to sidewalks and curbs. See California Streets and Highways Code 5871
• Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
• highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
• Historical resource: includes , but is not limited to, any building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5096.144
• Historical resource: includes , but is not limited to, any building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5096.228
• Historical resource preservation project: is a product, facility, or project designed to preserve an historical resource that is listed, or formally determined eligible for listing, in the National Register of Historic Places or the California Register, or designated as a historical landmark or point of historical interest. See California Public Resources Code 5079.01
• Incontinence medical supplies: means disposable medical supplies that are covered benefits under the Medi-Cal program pursuant to subdivision (s) of Section 14132 when prescribed by a physician for the treatment of individuals who are incontinent. See California Welfare and Institutions Code 14125.1
• Indian child custody proceeding: means a "child custody proceeding" within the meaning of Section 1903 of the Indian Child Welfare Act (25 U. See California Probate Code 1449
• Indian-owned property: means any tax exempt trust property to which an American Indian has rights as determined by federal laws, as administered by the Bureau of Indian Affairs of the Department of Interior. See California Streets and Highways Code 5331
• Inland resources: means those land and water areas not included in the definition of coastal resources. See California Public Resources Code 5096.228
• interested person: includes any of the following:

  California Probate Code 48

• Joint resolution: A legislative measure which requires the approval of both chambers.
• Legislative body: means the governing body of a public agency. See California Streets and Highways Code 5898.20
• Lien: means the director's claim for recovery, from a beneficiary's tort action or claim, of the reasonable value of benefits provided on behalf of the beneficiary. See California Welfare and Institutions Code 14124.70
• Maintenance: as used in this chapter in relation to lighting systems, includes the replacement of any obsolete equipment with new modern equipment found by the board of supervisors or legislative body of a city to be necessary for the proper operation of the district. See California Streets and Highways Code 5835.3
• maintenance: includes any of the following:

  California Streets and Highways Code 27

• Manufacturer: means any person, partnership, or corporation who assembles or combines the components of incontinence supplies into a final product sold to dealers. See California Welfare and Institutions Code 14125.1
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Medi-Cal: means the California Medical Assistance Program. See California Welfare and Institutions Code 14063
• Mental health service: means any service directed toward early intervention in, or alleviation or prevention of, mental disorder, including, but not limited to, diagnosis, evaluation, treatment, personal care, day care, respite care, special living arrangements, community skill training, sheltered employment, socialization, case management, transportation, information, referral, consultation, and community services. See California Welfare and Institutions Code 5601
• newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
• Nonprofit organization: means any private, nonprofit organization, existing under Section 501(c)(3) of the United States Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. See California Public Resources Code 5079.01
• Office: means the State Office of Historic Preservation. See California Public Resources Code 5079.01
• official grade: when used in this division shall mean the grade so established, changed, or modified. See California Streets and Highways Code 5150.5
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
• parking lane: means a paved area adjacent to the curb which is used exclusively for on-street parking. See California Streets and Highways Code 5871
• partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
• Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
• Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preservation: means identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction, or any combination of those activities. See California Public Resources Code 5079.01
• Principal labeler: means any person, partnership, or corporation who purchases from a manufacturer an assembled product which is sold to dealers under the principal labeler's label. See California Welfare and Institutions Code 14125.1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate homestead: means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6. See California Probate Code 60
• Professional fiduciary: means a person who is a professional fiduciary as defined under subdivision (f) of §. See California Probate Code 60.1
• Program: means the Parklands Acquisition and Development Program established by this chapter. See California Public Resources Code 5096.144
• Program: means the Parklands Acquisition and Development Program of 1984 established by this chapter. See California Public Resources Code 5096.228
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Public Resources Code 5079.01
• Public agency: means any city, county, district, or public corporation (other than the one conducting the proceedings) that provides electric or communication service to the public by means of electric or communication facilities. See California Streets and Highways Code 5896.2
• public agency: means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, or water district, as defined in §. See California Streets and Highways Code 5898.20
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public utility: means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities. See California Streets and Highways Code 5896.2
• Reasonable value of benefits: means both of the following:

  California Welfare and Institutions Code 14124.70

• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Sacramento-San Joaquin Delta: means those land and water areas defined in §. See California Public Resources Code 5096.228
• Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
• Sewers: as used in this chapter includes lateral and collecting sewers, septic tanks, and all other means of handling, gathering, and disposing of sewage in the district. See California Streets and Highways Code 5835.1
• sidewalk: includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. See California Streets and Highways Code 5600
• sidewalks or curbs: includes "gutters" "driveways" "pavement" to the centerline of the street, "full pavement" in alleys, "storm and sanitary drainage facilities" "water mains" "pipes" " conduits" "tunnels" "hydrants" and "other necessary works and appliances for providing water service" "paving to provide a parking lane on arterial or collector street sections" "parkway trees" and "street lighting facilities. See California Streets and Highways Code 5871
• Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
• Spouse: includes "registered domestic partner" as required by §. See California Revenue and Taxation Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Welfare and Institutions Code 12.2
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
• state grant moneys: means moneys received by the state from the sale of bonds authorized by this chapter which are available for grants to counties, cities, districts, and public agencies. See California Public Resources Code 5096.209
• State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
• Stewardship: means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. See California Public Resources Code 5096.228
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Welfare and Institutions Code 17
• superintendent of streets: includes any other person or persons who may be designated by the legislative body to perform any of the duties of the superintendent of streets set forth in this chapter. See California Streets and Highways Code 5871
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• to the extent resources are available: means to the extent that funds deposited in the mental health account of the local health and welfare fund are available to an entity qualified to use those funds. See California Welfare and Institutions Code 5601
• Trust: includes the following:

  California Probate Code 82

• Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
• Underground electric or communication facilities: means electrical, cable television, or communication facilities located, in whole or in part, beneath the surface of the ground. See California Streets and Highways Code 5896.2
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88