N.Y. Public Authorities Law § 1122: Definitions

* § 1122. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Authority" means the corporation created by section eleven hundred

twenty-four of this title.

2. "Board" means the members of the authority constituting and acting

as the governing board of the authority.

3. "Bonds" means 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. "Civil service commission" shall mean the personnel officer of the

county of Saratoga or any other person or entity acting as the civil

service commission of the county of Saratoga.

5. "Comptroller" means the comptroller of the state of New York.

6. "Construction" means the negotiation, acquisition, erection,

building, alteration, improvement, increase, enlargement, extension,

reconstruction, renovation, interconnection, or rehabilitation of a

water, sewerage or water and sewerage system, as the case may be; the

inspection and supervision thereof; and the engineering, architectural,

legal, appraisal, fiscal, economic and environmental investigations,

services, studies, surveys, designs, plans, working drawings,

specifications, procedures and other actions preliminary or incidental

thereto.

7. "Cost" as applied to any project, includes the cost of

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

personal and mixed, and improved and unimproved, 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 the

reimbursement to the town, 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 had they been made directly by

the authority.

8. "Distribution system" shall mean the water facility or facilities

employed to deliver water from a transmission facility, or where there

is not a transmission facility, from a supply facility, to the ultimate

consumers of water.

9. "District" means the town of Wilton water and sewer district

created by section eleven hundred twenty-three of this title.

10. "Governing body" means:

(a) In the case of a city, county, town or village or district

corporation, the finance board as such term is defined in the local

finance law; or

(b) In the case of a public benefit corporation, the members thereof.

11. "Municipality" means 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.

12. "Person" means any natural person, partnership, association, joint

venture or corporation, exclusive of a public corporation.

13. "Project" means any water, sewerage and water and sewerage

facility.

14. "Properties" means the water system or systems of the authority,

whether situated within or without the territorial limits of the

district, 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 systems or part thereof, and any improvements, extensions

and betterments.

15. "Real property" means lands, structures, franchises, rights and

interests in lands, waters, lands underwater, riparian rights and air

rights and any and all things and rights included within said term and

includes not only fee 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.

16. "Revenues" means all rates, rents, fees, charges, payments and

other income and receipts derived from the operation of the properties

of the authority including, without limiting the generality of the

foregoing, investment proceeds and proceeds of insurance, condemnation,

and sales or other dispositions of assets, together with all federal,

state or municipal aid.

17. "Sewerage" means 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 wastes also

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

18. "Sewerage facility" or "sewerage facilities" means any plants,

structures and other real and personal property acquired, rehabilitated

or constructed or planned for the purpose of collecting, conveying,

pumping, treating, neutralizing, storing and disposing of sewerage,

including but not limited to main, truck, 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,

clarifies, filters, phosphorus removal equipment and other plants,

works, structures, equipment, vehicles, conveyances, contract rights,

franchises, approaches, connections, permits, real or personal property

or rights therein and appurtenances thereto necessary or useful and

convenient for the collection, conveyance, pumping, treatment,

neutralizing, storing and disposing of sewage.

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

20. "State agency" means any state office, public benefit corporation,

department, board, commission, bureau or division, or other agency or

instrumentality of the state.

21. "State sanitary code" means the regulations adopted pursuant to

section two hundred twenty-five of the public health law.

22. "Supply facility" means a water facility employed to make

groundwater or surface water available for delivery into a transmission

facility or distribution system.

23. "Town" means the town of Wilton.

24. "Town board" means the town board of the town.

25. "Town supervisor" means the town supervisor of the town.

26. "Transmission facility" means a water facility used to carry water

from a supply facility to a distribution system.

27. "Treasurer" means the treasurer of the authority.

28. "Water facility" or "water facilities" means any plants, works,

instrumentalities, structures and other real and personal property

acquired, rehabilitated or constructed or planned for the purpose of

accumulating, supplying, transmitting, heating 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,

contract rights, franchises, approaches, connections, permits, 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.

29. "Watershed rules" means the rules and regulations made by the

department of health pursuant to section eleven hundred of the public

health law.

* NB There are 2 § 1122's