N.Y. Pub. Auth. Law § 1120-A

Current through 2024 NY Law Chapter 456

Section 1120-A - 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-c 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 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 system; 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 Clifton Park water district created by section eleven hundred twenty-b of this title.

9-a. "Sewer district" means a sewer district created by the town of Clifton Park.

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

18. "State agency" means any state office, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state.

19. "State sanitary code" means the regulations adopted pursuant to section two hundred twenty-five of the public health law.

20. "Supply facility" means a water facility employed to make groundwater or surface water available for delivery into a transmission facility or distribution system.

21. "Town" means the town of Clifton Park.

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

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

24. "Transmission facility" means a water facility used to carry water from a supply facility to a distribution system.

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

26. "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.

27. "Watershed rules" means the rules and regulations made by the department of health pursuant to section eleven hundred of the public health law.

N.Y. Pub. Auth. Law § 1120-A