N.Y. Public Authorities Law § 1226-b: Definitions

§ 1226-b. 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 one thousand

two hundred twenty-six-c of this title.

2. "Board of water supply" means the board of water supply of the

city.

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. "City" means the city of Utica, Oneida county.

5. "Civil service commission" means the civil service commission of

the county of Oneida.

6. "Comptroller" means the comptroller of the state.

7. "Construction" or "constructed" means the acquisition, erection,

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

reconstruction, renovation or rehabilitation of a water facility; the

inspection and supervision thereof; and the engineering, architectural,

legal, fiscal and economic investigations and studies, surveys, designs,

plans, working drawings, specifications, procedure and other actions

preliminary or incidental thereto and claims arising therefrom.

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

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

real property and other property, both real, personal and mixed,

improved and unimproved, the cost of the 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 water 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 guarantee, bond insurance or other credit support

devices and the cost of other expenses necessary or incidental to the

construction of any 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 funds from the proceeds of such bonds and the

financing of the placing of any 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 project hereunder had they been made directly by the

authority.

9. "Council" means the common council of the city.

10. "County" means the county of Oneida, New York.

11. "County executive" means the county executive of the county.

12. "County legislature" means the county legislature of the county.

13. "Governing body" means 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.

14. "Mayor" means the mayor of the city.

15. "Municipality" means any county, city, town, village, special or

improvement district under the town law or the county law, any other

such instrumentality, including any agency, or public corporation of the

state and the board of water supply, or any of the foregoing or any

combination thereof located or operating within or partly within the

service area.

16. "Person" means any natural person, firm, partnership, association,

joint venture or corporation, exclusive of a public corporation as

defined pursuant to article two-A of the general construction law.

17. "Project" means any water facility, including the planning,

development, financing or construction thereof.

18. "Properties" means the water facility or facilities of the water

board, whether situated within or without the territorial limits of the

service area, including the plants, works, structures, instrumentalities

or part thereof and appurtenances thereto, real property, or any other

property incidental to and included in such facility or facilities or

part thereof, and any improvements, extensions and betterments.

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

interests in land, air space, waters, land underwater, 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.

20. "Revenues" means all rates, fees, charges, payments and other

income and receipts derived from the operation of the properties of the

water board including, without limiting the generality of the foregoing,

investment proceeds and proceeds of insurance, condemnation, and sale or

other disposition of assets, together with all federal, state or

municipal aid, if any.

21. "Service area" means the area comprising the entirety of each

municipality in which water was provided by the city or the board of

water supply on the date on which this title becomes effective, as such

area shall hereinafter be expanded or decreased, from time to time, by

special act of the state legislature.

22. "State" means the state of New York.

23. "State agency" means any state officer, public benefit

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

agency or instrumentality of the state.

24. "Water board" means the corporation created by special act of the

state legislature as provided in section one thousand two hundred

twenty-six-e of this title.

25. "Water facility" or "water facilities" means any plants,

structures and other property, real, personal or mixed, 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, aqueduct taps, 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.