N.Y. Public Authorities Law § 1147-a: Definitions

§ 1147-a. Definitions. As used in this title, unless a different

meaning clearly appears from the context:

1. The term "authority" shall mean the corporation created by section

eleven hundred forty-seven-c of this title.

2. "Board of directors" shall mean the governing board of the

authority.

3. "Bonds" shall mean the bonds, notes or other evidences of

indebtedness issued by the authority.

4. "Calendar year and official year" shall mean the twelve month

period from January first through December thirty-first.

5. "Chief executive officer" when referring to a municipality shall

mean the chief elected official of such municipality and, when referring

to the authority, shall mean the chairperson of the authority.

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

of the county of Allegany.

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

8. The term "project" shall mean a system of trunk, intercepting and

connecting, lateral and outlet sewers, pumping and ventilating stations,

disposal or treatment plants or works and other appliances and

structures, which in the judgment of the authority will provide an

effectual and advantageous means for relieving the area which the

authority encompasses and any waters within or passing through or any

ground waters from pollution by the sewage and waste of the area

encompassing the authority and relieving such area from inadequate

sanitary drainage and for the sanitary disposal or treatment of the

sewage thereof, or such sections or parts of such system as the

authority may from time to time deem it proper or convenient to

construct, consistent with the plan or purpose of this title.

9. "Construction" shall mean the negotiation, acquisition, erection,

building, alteration, improvement, testing, increase, enlargement,

extension, reconstruction, interconnection, renovation or rehabilitation

of a sewer facility of a project as defined herein; the inspection and

supervision thereof; and the engineering, architectural, legal,

appraisal, fiscal, economic and environmental investigations, services

and studies, surveys, designs, plans, working drawings, specifications,

procedures and other actions incidental thereto.

10. "Costs", as applied to any 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 building or structures on lands so acquired including the

cost of acquiring any land to which such buildings or structures may be

moved or relocated, the cost of all systems, facilities, machinery,

apparatus and equipment, financing charges and bond discount, interest

to the extent not paid or provided for from revenues or other sources,

the cost of engineering and architectural surveys, plans and

specifications, bond insurance, bond credit enhancement arrangements,

other expenses necessary or incidental to the construction of such

project and the financing of the construction thereof, including the

cost of legal and financial advice and credit arrangements with banks or

other financial institutions, the amount authorized in the resolution of

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

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

financing of the placing of any project in operation.

11. "County" shall mean, unless otherwise specifically stated, the

county of Allegany.

12. "Governing body" shall mean:

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

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

four of section 2.00 of the local finance law;

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

13. "Members" shall mean the members of the board of directors.

14. "Municipality" shall mean any city, county, town, village or

county or town acting on behalf of an improvement district.

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

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

rights and air rights and any and all things and rights customarily

included within the term "real property" 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 judgment, mortgages or otherwise.

16. "State sanitary code" shall mean regulations adopted pursuant to

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

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

18. "State agency" shall mean any state office, public benefit

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

agency or instrumentality of the state.

19. "System revenues" shall mean rates, rents, fees, charges,

payments, assessments and other income and receipts derived from users

of the facilities of the authority without limiting the generality of

the foregoing, investment proceeds and proceeds of insurance,

condemnation sales or other dispositions of assets together with all

federal, state or municipal aid as well as any other income derived from

the operation of the sewer facilities of the authority.

20. "Treasurer" shall mean the treasurer of the authority.