Legislation
SECTION 1199-BBB
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-F
§ 1199-bbb. Definitions. As used or referred to in this title, unless
a different meaning clearly appears from the context:
1. "Authority" shall mean the corporation created by section one
thousand one hundred ninety-nine-ddd of this title.
2. "Board" shall mean the members of the authority constituting and
acting as the governing board of the authority.
3. "Board of supervisors" shall mean the board of supervisors of
Saratoga county.
4. "Bonds" shall mean 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-a. "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" shall mean the comptroller of the state of New York.
6. "Construction" shall mean the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a water facility 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 preliminary or incidental thereto.
7. "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 buildings 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, 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 county, or any
municipality, state agency, the state, the United States government, or
any other person for expenditures made by them that would be costs of
the project hereunder.
8. "County" shall mean the county of Saratoga.
9. "Distribution system" shall mean the water facility or facilities
employed to deliver water from a transmission facility, or where there
is no transmission facility, from a supply facility, to the ultimate
consumers of such water.
10. "District" shall mean the Saratoga county water authority district
created by section one thousand one hundred ninety-nine-ccc of this
title.
11. "Governing body" shall mean:
(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;
(b) In the case of a public benefit corporation, the members thereof.
12. "Members" shall mean the members of the board.
13. "Municipality" shall mean any county, city, town, village, or
county or town acting on behalf of an improvement district, any other
instrumentality, including any agency, or public corporation of the
state, or any of the foregoing or any combination thereof.
14. "Person" shall mean any natural person, partnership, association,
joint venture or corporation, exclusive of a public corporation.
15. "Real property" shall mean lands, structures, franchises, rights
and interests in land, waters, lands underwater, groundwater, riparian
rights and air rights and any and all things and rights included within
said 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
judgments, mortgages or otherwise.
16. "Personnel officer" shall mean the personnel officer of the county
of Saratoga.
17. "State sanitary code" shall mean regulations adopted pursuant to
section two hundred twenty-five of the public health law.
18. "State" shall mean the state of New York.
19. "State agency" shall mean any state office, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
20. "Supply facility" shall mean a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
21. "System revenues" shall mean all rates, rents, fees, charges,
payments and other income and receipts derived by the authority together
with all federal, state or municipal aid as well as any other income
derived from the operation of the water facility of the authority but in
no event shall "system revenues" mean an ad valorem levy on real or
personal property within the authority or any part thereof.
22. "Transmission facility" shall mean a water facility used to carry
water from a supply facility to a distribution system.
23. "Treasurer" shall mean the treasurer of the authority.
24. "Water facility" or "water facilities" shall mean any plants,
structures or other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of accumulating, supplying,
transmitting, distributing or treating 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, approaches, connections,
water meters, rights of flowage or diversion and other plants,
structures, equipment, vehicles, towers, 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.
25. "Water project" shall mean any water facility, including the
planning, development, financing or construction thereof.
26. "Watershed rules" shall mean the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.
a different meaning clearly appears from the context:
1. "Authority" shall mean the corporation created by section one
thousand one hundred ninety-nine-ddd of this title.
2. "Board" shall mean the members of the authority constituting and
acting as the governing board of the authority.
3. "Board of supervisors" shall mean the board of supervisors of
Saratoga county.
4. "Bonds" shall mean 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-a. "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" shall mean the comptroller of the state of New York.
6. "Construction" shall mean the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a water facility 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 preliminary or incidental thereto.
7. "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 buildings 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, 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 county, or any
municipality, state agency, the state, the United States government, or
any other person for expenditures made by them that would be costs of
the project hereunder.
8. "County" shall mean the county of Saratoga.
9. "Distribution system" shall mean the water facility or facilities
employed to deliver water from a transmission facility, or where there
is no transmission facility, from a supply facility, to the ultimate
consumers of such water.
10. "District" shall mean the Saratoga county water authority district
created by section one thousand one hundred ninety-nine-ccc of this
title.
11. "Governing body" shall mean:
(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;
(b) In the case of a public benefit corporation, the members thereof.
12. "Members" shall mean the members of the board.
13. "Municipality" shall mean any county, city, town, village, or
county or town acting on behalf of an improvement district, any other
instrumentality, including any agency, or public corporation of the
state, or any of the foregoing or any combination thereof.
14. "Person" shall mean any natural person, partnership, association,
joint venture or corporation, exclusive of a public corporation.
15. "Real property" shall mean lands, structures, franchises, rights
and interests in land, waters, lands underwater, groundwater, riparian
rights and air rights and any and all things and rights included within
said 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
judgments, mortgages or otherwise.
16. "Personnel officer" shall mean the personnel officer of the county
of Saratoga.
17. "State sanitary code" shall mean regulations adopted pursuant to
section two hundred twenty-five of the public health law.
18. "State" shall mean the state of New York.
19. "State agency" shall mean any state office, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
20. "Supply facility" shall mean a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
21. "System revenues" shall mean all rates, rents, fees, charges,
payments and other income and receipts derived by the authority together
with all federal, state or municipal aid as well as any other income
derived from the operation of the water facility of the authority but in
no event shall "system revenues" mean an ad valorem levy on real or
personal property within the authority or any part thereof.
22. "Transmission facility" shall mean a water facility used to carry
water from a supply facility to a distribution system.
23. "Treasurer" shall mean the treasurer of the authority.
24. "Water facility" or "water facilities" shall mean any plants,
structures or other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of accumulating, supplying,
transmitting, distributing or treating 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, approaches, connections,
water meters, rights of flowage or diversion and other plants,
structures, equipment, vehicles, towers, 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.
25. "Water project" shall mean any water facility, including the
planning, development, financing or construction thereof.
26. "Watershed rules" shall mean the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.