N.Y. Pub. Auth. Law § 1147-A

Current through 2024 NY Law Chapter 553

Section 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.

N.Y. Pub. Auth. Law § 1147-A