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This entry was published on 2024-07-05
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SECTION 2676-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-C
§ 2676-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Authority" shall mean the Albany county pine hills land authority
created by this title.

2. "City" shall mean the city of Albany.

3. "The college of Saint Rose facilities" shall mean any facility or
land including but not limited to any athletic facility, educational
facility, performing arts facility, or residential facility owned or
operated by the college of Saint Rose, and shall include such other
facilities, equipment, property, structures and appurtenances as may be
necessary or convenient in the operation, maintenance, development or
improvement of, leased by the authority to persons, engaged in the
production or development of the facilities or land.

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 bond holders which shall
apply with equal force and effect to notes and note holders unless the
context otherwise clearly requires.

5. "Construction" shall mean the acquisition, erection, building,
alteration, repair, improvement, increase, enlargement, extension,
installation, reconstruction, renovation or rehabilitation of a project
including any appurtenances thereto which may be necessary or desirable
to promote the efficiency or effectiveness of such project; the
inspection and supervision thereof; and the engineering, consulting,
architectural, legal, fiscal and economic and environmental
investigations and studies, surveys, designs, plans, working drawings,
specifications, procedures and other actions incidental thereto and
claims arising therefrom.

6. "Cost", as applied to any project, shall include the cost of the
acquisition of all property both real and personal, improved and
unimproved, the cost of demolishing, removing or relocating any
buildings or structures on lands so acquired, including the cost of
relocating tenants or other occupants of the buildings or structures on
such land and 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
construction, the cost of engineering and architectural surveys, plans
and specifications, the cost of consultants and legal services, the cost
of lease, guarantees, credit enhancement or bond insurance, 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 reimbursement, to any public corporation, the
state, the federal government, or any other person for expenditures,
that would be costs of such project had they been made directly by the
authority.

7. "County" shall mean the county of Albany.

8. "Facility" shall include, but not be limited to, properties,
structures, appurtenances, utilities, and such other works.

9. "Federal government" shall mean the United States of America, and
any department, board, commission, bureau, division, corporation,
agency, or instrumentality thereof.

10. "Joint service arrangements" shall mean agreements between or
among the authority and any person, the state, the county, any other
public corporation including the advance Albany county alliance, the
federal government, any other state or agency or instrumentality
thereof, relating to property, buildings, structures, facilities,
services, rates, classification, divisions, allowances or charges, or
rules or regulations pertaining thereto.

11. "Minority and women-owned business enterprise" or "minority or
women-owned business enterprise" shall mean a minority-owned business
enterprise and/or a women-owned business enterprise, as such terms are
defined by section three hundred ten of the executive law.

12. "Municipality" shall mean a county, city, town, village, or school
district.

13. "Person" shall mean any natural person, firm, partnership
association, joint venture, or corporation, exclusive of a public
corporation.

14. "Personal property" shall mean chattels and other tangible things
of a moveable or removable nature.

15. "Property" shall mean both real and/or personal property.

16. "Project" shall mean any property or improvements located within
the state of New York and within or outside or partially outside the
county of Albany, including, but not limited to, machinery, equipment,
and other facilities deemed necessary or desirable in connection
therewith, or incidental thereto, whether or not in existence or under
construction upon the effective date of this title, which shall be
necessary or suitable for purposes and redevelopment of the college of
Saint Rose facilities provided, however, the authority shall not use its
funds in respect of any part of a project located wholly or partially
outside the county without the prior consent thereto by the governing
body of any other county in which a part or parts of such project is, or
is to be located.

17. "Public corporation" shall mean a county, city, town, village,
school district or special district, any public benefit corporation,
agency or instrumentality of the state or of any municipality, or two or
more of any of the foregoing acting jointly.

18. "Real property" shall mean lands, structures, franchises and
interests in land, airspace, waters, lands under water, riparian rights,
rights, any fixtures, equipment and articles of personal property
affixed to or used in connection therewith, and any and all things and
rights included within such term and includes not only fees 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.

19. "Revenues" shall mean all rates, fees, rents, revenues, charges,
and other income derived by the authority from the operation, leasing,
sale, or other disposition of the college of Saint Rose related
facilities.

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