N.Y. Rapid Transit Law § 2: Definitions

§ 2. Definitions. a. Unless expressly otherwise provided, whenever

used in this chapter, the following terms shall mean or include:

1. "Board of assessors." The board in the city charged with the duty

of making assessments for assessable improvements other than those

required by law to be confirmed by a court of record.

2. "Board of estimate." The board of estimate or other analogous local

authority of the city.

3. "Board of revision of assessments." The board authorized by law

finally and conclusively to determine objections to proposed awards or

assessments fixed and determined by the board of assessors.

4. "Board of transportation." The board in the city established

pursuant to section ten of this chapter.

5. "Bonds." Bonds, corporate stock, debentures, notes and other

evidences of indebtedness maturing more than one year after their

respective dates, secured or unsecured.

6. "Bondholders." The owners of bonds.

7. "City." A city containing a population of more than one million

inhabitants according to the last federal census.

8. "Commission." The public service commission--state division of the

department of public service.

9. "Comptroller." The comptroller, auditor or other chief financial

officer of the city.

10. "Contract" or "lease." A contract, agreement, grant, franchise,

consent, certificate, authorization, authority, license or any other

form whereby rights are granted to use streets for railroads or to

construct, equip, provide, maintain or operate railroads.

11. "Corporation counsel." The corporation counsel or other principal

legal adviser of the city.

12. "Devices and appurtenances." Devices and appurtenances deemed

necessary by the board of transportation or the commission, within their

respective jurisdictions, to secure the greatest efficiency, public

convenience and safety, including the number, location, description and

plans and specifications for the stations, suitable supports, turnouts,

switches, sidings, connections, landing places, buildings, structures,

platforms, stairways, elevators, telegraph and signal devices,

facilities for access to the surface, and other suitable appliances

incidental and requisite to what such board or commission, within their

respective jurisdictions, may approve as the best and most efficient

system of rapid transit in view of the public needs and requirements,

including, in its discretion, operation of a railroad or some portion

thereof by any device or means, other than separate cars or trains, in

the construction of which stationary means for guiding a conveyance in a

definite path and means for propelling such conveyance are necessary

elements.

13. "Equipment." When used in a contract for equipment of any

railroad, shall include all such rolling stock, motors, boilers,

engines, wires, ways, conduits and mechanisms, machinery, tools,

implements and devices of every nature whatsoever used for the

generation or transmission of motive power and including all power

houses, and all apparatus and all devices for signaling and ventilation

as may be required for the operation of such road and specified in the

contract for such equipment.

14. "Facilities." Routes, tracks, extensions, connections, terminals

or facilities.

15. "Mayor." The mayor of the city.

16. "Person." A natural person, firm or corporation.

17. "President of the borough." A president of a borough or other

chief executive officer having principal charge of the streets of the

city.

18. "Property" or "property rights." Real estate, real property,

lands, rights, terms, interests, privileges, franchises or easements of

owners, abutting owners or others.

19. "Railroad." A rapid transit railroad, street surface railroad,

omnibus line, any other transit facility and any railroad in the city

used for local service in the transportation of passengers as common

carriers for hire, jurisdiction whereof is vested in the board of

transportation or the commission whether any such railroad exists or is

constructed in the future, and any portion thereof and the rights,

leaseholds or other interests therein, together with the equipment

thereof and power plants and other instrumentalities used or useful

therefor or in connection therewith. For the purposes of subdivisions c

through l of section thirty-four of this chapter the term shall also

include improvements, additions, property, devices and appurtenances

other than rolling-stock, necessary either for construction or

operation.

20. "Railroad company." The owner, lessee or operator of a railroad.

21. "Recapture" or "recaptured." The exercise by the city of its right

to retake a railroad of the city or any part thereof leased to a

railroad company under lease made pursuant to the provisions of this

chapter by terminating the lease as to such railroad or any part thereof

pursuant to and in accordance with its terms and provisions.

22. "Street." A public street, marginal street, avenue, road, bridge,

viaduct, highway, boulevard, driveway, park, parkway, dock, bulkhead,

wharf, pier, ground, river, water, square, place or land within the

city.

23. "Sub-surface structures." Galleries, ways, subways or tunnels for

pipes, sewers, gas or water pipes or mains, electric wires, conduits,

and other sub-surface structures and conductors proper to be placed

underground or for the transmission of electricity, steam, water, air or

other source or means of power or of signals or messages necessary or

convenient for or in the construction or operation of a railroad, or for

the transportation of materials necessary for such construction or

operation or to provide temporary or permanent ways or courses for any

such structures or other means or sources of transportation.

b. Words in the singular number shall include the plural, and those in

the plural number shall include the singular.

c. The term "may" is permissive in character, and not mandatory or

directory, as to any action or function to which it is related in the

text.

d. The term "shall" is mandatory, except when used as a synonym for

the term "will" indicating a future tense.