N.Y. Public Authorities Law § 1115-a: Definitions

§ 1115-a. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Agreement" shall mean any agreement entered into by the city

pursuant to section one thousand one hundred fifteen-g or section one

thousand one hundred fifteen-h of this title.

2. "Authority" shall mean the corporation created by section one

thousand one hundred fifteen-b of this title.

3. "Bonds" shall mean the 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.

4. "City" shall mean the city of Albany.

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

city.

6. "Civil service commission" shall mean the civil service commission

of the city.

7. "Comptroller" shall mean the comptroller of the state.

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

alteration, improvement, increase, enlargement, extension,

reconstruction, renovation or rehabilitation of a water, sewerage or

water, and sewerage system or project, as the case may be; 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 preliminary or incidental thereto and claims arising

therefrom.

9. "Contracting agency" shall mean the authority or the water board,

as the case may be.

10. "Cost", as applied to any project, includes 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 consultant

and legal services, the cost of lease guarantee or bond insurance and

the cost of other expenses necessary or incidental to the construction

of such 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

project in operation, including reimbursement to the city, or any

municipality, state agency, the state, the United States government, or

any other person for expenditures that would be costs of the project

hereunder.

11. "Governing body" shall mean the members of the authority or the

water board, as the case may be, constituting and acting as the

governing body of the authority or the water board, as the case may be.

12. "Mayor" shall mean the mayor of the city.

13. "Municipality" shall mean any county, city, town, village,

improvement district under the town law, any other such instrumentality,

including any agency, or public corporation of the state, or any of the

foregoing or any combination thereof.

14. "Person" shall mean any natural person or any firm, partnership,

association, joint venture or corporation, exclusive of public

corporations as defined pursuant to article two-A of the general

construction law.

15. "Project" shall mean any water facility, sewerage facility or

water and sewerage facility, including the planning, development,

financing or construction thereof.

16. "Properties" shall mean the water supply and distribution system

or systems of the water board, and sewerage system or systems of the

water board, whether situated within or without the territorial limits

of the city, including the plants, works, structures, instrumentalities

or part thereof and appurtenances thereto, real property, water

facilities, sewerage facilities or any other property incidental to and

included in such system or part thereof, and any improvements,

extensions and betterments.

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

interests in land, waters, lands underwater, ground water, 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 right, legal or equitable, including terms for

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

18. "Revenues" shall mean rates, rents, fees, charges, payments and

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

sewerage 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, state or municipal aid

therefor.

19. "Sewage" shall mean the water-carried human or animal wastes from

residences, buildings, industrial establishments or other places,

together with such groundwater infiltration and surface water as may be

present. The admixture with sewage of industrial or other waste also

shall be considered "sewage" within the meaning of this title.

20. "Sewerage facility" or "sewerage facilities" shall mean any

plants, structures and other real and personal property acquired,

rehabilitated or constructed or planned for the purpose of collecting,

treating and disposing of sewage, including but not limited to main,

trunk, intercepting, connecting, lateral, outlet or other sewers,

outfalls, pumping stations, treatment and disposal plants, groundwater

recharge basins, back-flow prevention devices, sludge dewatering or

disposal equipment and facilities, clarifiers, filters, phosphorus

removal equipment, and other plants, structures, equipment, vehicles,

conveyances, real or personal property or rights therein and

appurtenances thereto necessary or useful and convenient for the

collection, conveyance, pumping, neutralizing, storing and disposing of

sewage.

21. "Sewerage system" shall mean the sewage collection, pumping,

treatment, neutralizing, storage and disposal system or systems owned

by, in the possession of, or under the jurisdiction and control of the

city or the water board, including all additions, increases,

enlargements, extensions or improvements thereto.

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

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

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

the state.

24. "Water board" shall mean the corporation created by a special act

of the state legislature at the request of the city as provided in

section one thousand one hundred fifteen-e of this title.

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

structures and other real and personal property acquired, rehabilitated,

constructed or planned for the purpose of accumulating, supplying,

transmitting, treating or distributing water, including but not limited

to surface or groundwater reservoirs, basins, dams, canals, aqueducts,

standpipes, conduits, pipelines, mains, pumping stations, pumps, water

distribution systems, compensating reservoirs, intake stations,

waterworks or sources of water supply, wells, purification or filtration

plants or other treatment plants and works, connections, water meters,

rights of flowage or diversion and other plants, structures, equipment,

vehicles, conveyances, real or personal property or rights therein and

appurtenances thereto necessary or useful and convenient for the

accumulation, supply, transmission, treatment or distribution of water.

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

or systems owned by, in the possession of, or under the jurisdiction,

control and regulation of the city or the water board, including all

additions, increases, enlargements, extensions or improvements thereto.