Legislation
SECTION 1122
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-C
* § 1122. 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-four 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 personnel officer of the
county of Saratoga or any other person or entity acting as 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, sewerage or water and sewerage system, as the case may be; 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 town of Wilton water and sewer district
created by section eleven hundred twenty-three of this title.
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, sewerage and water and sewerage
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,
sewerage 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. "Sewerage" means the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface water as may be
present. The admixture with sewage of industrial or other wastes also
shall be considered "sewage" within the meaning of this title.
18. "Sewerage facility" or "sewerage facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of collecting, conveying,
pumping, treating, neutralizing, storing and disposing of sewerage,
including but not limited to main, truck, intercepting, connecting,
lateral, outlet or other sewers, outfalls, pumping stations, treatment
and disposal plants, groundwater recharge basins, back-flow prevention
devices, sludge dewatering or disposal equipment and facilities,
clarifies, filters, phosphorus removal equipment and other plants,
works, structures, equipment, vehicles, conveyances, contract rights,
franchises, approaches, connections, permits, real or personal property
or rights therein and appurtenances thereto necessary or useful and
convenient for the collection, conveyance, pumping, treatment,
neutralizing, storing and disposing of sewage.
19. "State" shall mean the state of New York.
20. "State agency" means any state office, public benefit corporation,
department, board, commission, bureau or division, or other agency or
instrumentality of the state.
21. "State sanitary code" means the regulations adopted pursuant to
section two hundred twenty-five of the public health law.
22. "Supply facility" means a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
23. "Town" means the town of Wilton.
24. "Town board" means the town board of the town.
25. "Town supervisor" means the town supervisor of the town.
26. "Transmission facility" means a water facility used to carry water
from a supply facility to a distribution system.
27. "Treasurer" means the treasurer of the authority.
28. "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.
29. "Watershed rules" means the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.
* NB There are 2 § 1122's
different meaning clearly appears from the context:
1. "Authority" means the corporation created by section eleven hundred
twenty-four 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 personnel officer of the
county of Saratoga or any other person or entity acting as 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, sewerage or water and sewerage system, as the case may be; 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 town of Wilton water and sewer district
created by section eleven hundred twenty-three of this title.
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, sewerage and water and sewerage
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,
sewerage 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. "Sewerage" means the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface water as may be
present. The admixture with sewage of industrial or other wastes also
shall be considered "sewage" within the meaning of this title.
18. "Sewerage facility" or "sewerage facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of collecting, conveying,
pumping, treating, neutralizing, storing and disposing of sewerage,
including but not limited to main, truck, intercepting, connecting,
lateral, outlet or other sewers, outfalls, pumping stations, treatment
and disposal plants, groundwater recharge basins, back-flow prevention
devices, sludge dewatering or disposal equipment and facilities,
clarifies, filters, phosphorus removal equipment and other plants,
works, structures, equipment, vehicles, conveyances, contract rights,
franchises, approaches, connections, permits, real or personal property
or rights therein and appurtenances thereto necessary or useful and
convenient for the collection, conveyance, pumping, treatment,
neutralizing, storing and disposing of sewage.
19. "State" shall mean the state of New York.
20. "State agency" means any state office, public benefit corporation,
department, board, commission, bureau or division, or other agency or
instrumentality of the state.
21. "State sanitary code" means the regulations adopted pursuant to
section two hundred twenty-five of the public health law.
22. "Supply facility" means a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
23. "Town" means the town of Wilton.
24. "Town board" means the town board of the town.
25. "Town supervisor" means the town supervisor of the town.
26. "Transmission facility" means a water facility used to carry water
from a supply facility to a distribution system.
27. "Treasurer" means the treasurer of the authority.
28. "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.
29. "Watershed rules" means the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.
* NB There are 2 § 1122's