§ 4-115. PUBLIC WORK OF IMPROVEMENT: DEFINITION.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word and phrase shall constitute, to the extent applicable, the definition of each word which is derivative from it, or from which it is a derivative, as the case may be.

(a)

"Facility" shall mean any plant, structure, ground facility, utility system, streets and highways, or other improvement of real property.

(b)

"Lot or tract of land" shall mean a lot or tract of land that is or is to be owned by the city, or that may be owned by the city pursuant to the exercise of a purchase option.

(c)

"Maintenance work" shall mean routine, recurring, and usual work for the preservation or protection of any facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; and landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

(d)

"Paid for in whole or in part with city funds or with financing to be retired with city funds" shall mean the payment of money or the equivalent of money by the city, including the transfer of an asset of value for less than fair market price; fees, costs, rents, loans, interest rates or other obligations that would normally be required in the execution of the contract, which are paid, reduced, charged at less than fair market value, waived or forgiven; money to be repaid on a contingent basis; or credits applied against repayment obligations. Notwithstanding the foregoing, "paid for in whole or in part with city funds or with financing to be retired with city funds" shall not mean or include financing resulting from the formation of a community facility district pursuant to the Mello-Roos Community Facilities Act of 1982 set forth in Sections 53311 of the Government Code.

(e)

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

(f)

"Public work of improvement" shall mean that portion of a work of improvement contracted for by the city, paid for in whole or in part with city funds or with financing to be retired with city funds, and that is or is to be owned by the city or that may be owned by the city subject to its exercise of a purchase option; provided that, for any capital lease or contract subject to a purchase option, if such lease or contract were fully performed by the city, and the option exercised in the case of the contract, the net present value of the respective lease or contract would total an amount greater than two million dollars ($2,000,000). For purposes of this subsection, "fully performed" shall mean that the option is exercised at the end of the option period, but prior to its expiration. Notwithstanding the foregoing, "public work of improvement" shall not mean or include any of the following:

(1)

A work of improvement constructed by persons or entities other than the city as a condition of regulatory or permit approval of an otherwise private development project.

(2)

Pursuant to a lease or license of property or facilities owned by the city, a work of improvement constructed thereon by a licensed contractor hired and paid for directly by the tenant or licensee, notwithstanding any provision for rent credits or waiver, in part or in whole, of any fees or costs; provided the work of improvement is required by the respective tenant or licensee for his/her use of the property or facilities.

(3)

A work of improvement in a redevelopment project area constructed by persons or entities other than the city as a condition of entering into an agreement with the Redevelopment Agency of the City of Fresno for significant redevelopment, in addition to the work of improvement, in a redevelopment project area.

(g)

"Public works construction" shall mean public work of improvement.

(h)

"Work of improvement" shall mean the construction, reconstruction, erection, improvement, installation, alteration, renovation, addition to, restoration, repair, painting or repainting, laying of carpet, demolition or removal, in whole or in part, of any building, road, curb, gutter, sidewalk, fence, railroad, bridge, drain, ditch, canal, dam, tunnel, sanitary sewer, storm sewer, water system, well, traffic signs, traffic signals, street lighting system, parking lot, park, playground, and all other facilities. It also means the seeding, sodding, or planting of any lot or tract of land for landscaping purposes, and the excavation, filling, leveling, or grading of any lot or tract of land. Notwithstanding the foregoing, "work of improvement" shall not mean or include any of the following:

(1)

Maintenance work.

(2)

Work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

(Added Ord. 2003-11, § 10, eff. 4-4-03; Am. Ord. 2006-160, § 1, eff. 12-31-06; Am. Ord. 2007-96, § 3, eff. 1-19-08).