N.Y. Public Authorities Law § 1230-b: Definitions

§ 1230-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 twelve hundred

thirty-c of this title.

2. "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.

3. "City" means the city of Niagara Falls, Niagara county.

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

the city of Niagara Falls.

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

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

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

reconstruction, renovation or rehabilitation of the water facilities and

their associated transmission and distribution systems; of the

wastewater facilities and their associated interceptor and collection

systems, including treatment facilities and pumping stations; and of the

storm water facilities including catch basins, sewers, drainage pipes,

treatment facilities and all appurtenances to such water, wastewater,

and storm water facilities; the inspection and supervision thereof; and

the environmental, engineering, architectural, legal, fiscal, and

economic investigations, services and studies, surveys, designs, plans,

working drawings, specifications, procedures and other actions

preliminary or incidental thereto and claims arising therefrom.

7. "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 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 system 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 any environmental, engineering and

architectural investigations, surveys, plans and specifications, the

cost of consultant and legal services, the cost of any guarantee or bond

insurance or any other credit support devices and the cost of other

expenses necessary, reasonably related 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 fund from the proceeds of such bonds, and the financing of the

placing of any project in operation, including the reimbursement to the

city, any municipality, state agency, the state, the United States

government, or any other person for expenditures that would be costs of

any project hereunder had they been made directly by the authority or

the water board.

8. "Council" means the duly elected council of the city of Niagara

Falls.

9. "County" means the county of Niagara, state of New York.

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

Niagara.

11. "Executive director" means the executive director or chief

executive officer of the water board, or any other person duly appointed

or delegated to perform such duties by the governing body of the water

board.

12. "Facilities" means any of the properties of the authority or the

water board or any other real property, personal or mixed property

controlled, leased, or operated by the authority or the water board

which is used or intended to be used in the system or in furtherance of

their respective corporate purposes.

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 of Niagara Falls.

15. "Municipality" means any county, city, town, village, water

district, fire district, fire protection district, school district,

sewer district, special or improvement district, commission, board or

department of the governmental body indicated, any other such

instrumentality, including any agency, or public corporation of the

state, or any of the foregoing or any combination thereof.

16. "Person" means any natural person, firm, trustee, executor,

personal representative, partnership, association, limited partnership,

limited liability company, limited liability partnership, joint venture

or corporation, or other legal entity whatsoever, exclusive of a public

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

construction law. The masculine gender shall include the feminine, the

singular shall include the plural where indicated by the context.

17. "Project" means any system-related facility or properties,

including the acquisition, planning, development, financing or

construction thereof.

18. "Properties" means any part of the system or facility of the water

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

city or the water board's service area, including the plants, works,

structures, instrumentalities or part thereof and appurtenances thereto,

real property, or any other property incidental or appurtenant 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 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.

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

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

facilities and 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.

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

on the date on which this title becomes effective. Upon mutual agreement

with any municipality the service area may be expanded to include such

municipality or any portion or part thereof.

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

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

public authority, department, board, commission, bureau or division, or

other agency or instrumentality of the state.

24. "Storm water facility" means any plants, structures and other

property, real, personal or mixed, acquired, rehabilitated, constructed

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

storing, transmitting, draining, discharging or treating storm water,

including, but not limited to, odor control facilities, force mains,

conduits, pipelines, interceptors, mains, pumping stations, flow meters,

sampling stations, pumps, treatment plants and works, outfalls, contract

rights, easements, franchises, approaches, connections, permits, 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

collection, conveyance, accumulation, storage, drainage, discharge,

transmission, or treatment of storm water.

25. "System" means the entirety of all water, wastewater, and storm

water facilities or properties as described herein.

26. "User" means any person or effluent source that directly or

indirectly contributes, causes or permits the contribution of waste into

or through the wastewater or storm water facilities, or any person who

receives or uses water from the water facilities described in this

title.

27. "Waste" means any liquid, solid or gaseous substance, or

combination thereof, that may be introduced into the wastewater or storm

water facilities.

28. "Wastewater facility" means any plants, structures and other

property, real, personal or mixed, acquired, rehabilitated, constructed

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

storing, transmitting, or treating wastewater, including, but not

limited to, odor control facilities, force mains, conduits, pipelines,

interceptors, mains, pumping stations, flow meters, sampling stations,

pumps, piping systems, treatment plants and works, outfalls, contract

rights, easements, franchises, approaches, connections, permits, 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

collection, conveyance, accumulation, storage, transport, treatment,

disposal or reuse of wastewater.

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

state legislature as provided in section twelve hundred thirty-e of this

title.

30. "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,

storing, supplying, transmitting, treating or distributing water,

including, but not limited to, surface or groundwater reservoirs,

basins, dams, canals, aqueducts, aqueduct taps, standpipes, conduits,

pipelines, interceptors, 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, storage, treatment or distribution

of water.