N.Y. Public Authorities Law § 1048-b: Definitions

§ 1048-b. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by

section one thousand forty-eight-c of this title, known as the Buffalo

municipal water finance authority.

2. "Bonds" shall mean bonds, notes or other evidences of indebtedness

issued by the authority pursuant to this title and the provisions of

this title relating to bonds and bondholders shall apply with equal

force and effect to notes and noteholders, respectively, unless the

context otherwise clearly requires.

3. "City" shall mean the city of Buffalo.

4. "Common council" or "council" shall mean the common council of the

city of Buffalo.

5. "Comptroller" shall mean the comptroller of the city.

6. "Construction" shall mean the acquisition, erection, building,

alteration, improvement, increase, enlargement, extension,

reconstruction, renovation or rehabilitation of a water system or water

project as defined herein; the inspection and supervision thereof; and

the engineering, architectural, legal, fiscal and economic and

environmental investigations and studies, surveys, designs, plans,

working drawings, specifications, procedures and other actions

incidental thereto and claims arising therefrom.

7. "Contracting agency" shall mean any municipality, agency, authority

or board, state agency, public authority or public benefit corporation

authorized to award contracts for design, construction, services or

materials for water projects authorized by this title.

8. "Cost", as applied to any water project, shall include the cost of

construction, the cost of the acquisition of all property, including

both real, personal and mixed, the cost of demolishing, removing or

relocating any buildings or structures on lands so acquired, including

the cost of acquiring any lands to which such buildings or structures

may be moved or relocated, the cost of all systems, facilities,

machinery, apparatus and equipment, financing charges, interest prior

to, during and after construction to the extent not paid or provided for

from revenues or other sources, the cost of engineering and

architectural surveys, plans and specifications, the cost of

consultants' and legal services, the cost of lease guarantee or bond

insurance, other expenses necessary, reasonably related or incidental to

the construction of such water project and the financing of the

construction thereof, including the amount authorized in the resolution

of the authority providing for the issuance of bonds to be paid into any

reserve or other special fund from the proceeds of such bonds and the

financing of the placing of any water project in operation, including

reimbursement to any municipality, state agency, the state, the United

States government, or any other person for expenditures that would be

costs of the water project hereunder.

9. "Mayor" shall mean the mayor of the city of Buffalo.

10. "Municipal bond" shall mean a bond, note or other evidence of

indebtedness lawfully issued by the city pursuant to the local finance

law or any other law applicable thereto.

11. "Person" shall mean any person, firm, partnership, association, or

corporation organized or existing under the laws of the state or any

other state, exclusive of public corporations as defined pursuant to

article two-A of the general construction law.

12. "Real property" shall mean lands, structures, franchises and

interests in land, waters, lands under water, groundwater riparian

rights and air rights and any and all things and rights included within

said term and includes not only fees simple absolute, but also any and

all lesser interests including, but not limited to, easements, rights of

way, uses, leases, licenses and all other incorporeal hereditaments and

every estate, interest or rights, legal or equitable, including terms

for years and liens thereon by way of judgments, mortgages or otherwise.

13. "State" shall mean the state of New York.

14. "State agency" shall mean any state office, department, board,

commission, bureau or division, or other agency or instrumentality of

the state.

15. "System revenues" shall mean rents, fees, charges, payments and

other income and receipts derived from users of a water system of the

city or the water board including, without limiting the generality of

the foregoing, investment proceeds and proceeds of insurance,

condemnation, sale or other disposition of any part thereof, together

with all federal or state aid therefor.

16. "Water board" shall mean the water board created by a special act

of the state legislature, for the city as a body corporate and politic,

constituting a public benefit corporation, and having the powers and

duties as provided in this title.

17. "Water facility" or "water facilities" shall mean any plants,

structures and other real and personal property acquired, rehabilitated,

or constructed or planned for the purpose of supplying, distributing or

treating water, including but not limited to surface or groundwater

reservoirs, basins, dams, canals, aqueducts, standpipes, conduits,

pipelines, mains, pumping stations, water distribution systems,

compensating reservoirs, intake stations, water-works or sources of

water supply, wells, purification or filtration plants or other

treatment plants and works, connections, water meters, rights of flowage

or division and other plants, structures, equipment, conveyances, real

or personal property or rights therein and appurtenances thereto

necessary or useful and convenient for the accumulation, supply,

treatment or distribution of water.

18. "Water project" shall mean any water facility including the

planning, development, financing or construction thereof.

19. "Water system" shall mean the water supply and distribution system

or systems owned by, in the possession of the city or the water board or

under the jurisdiction, control and regulation of the city, including

all additions, increases, enlargements, extensions or improvements

thereto.