§ 1048-B — Definitions

§ 1048-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Authority" shall mean the public benefit corporation created by\nsection one thousand forty-eight-c of this title, known as the Buffalo\nmunicipal water finance authority.\n 2. "Bonds" shall mean bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n 3. "City" shall mean the city of Buffalo.\n 4. "Common council" or "council" shall mean the common council of the\ncity of Buffalo.\n 5. "Comptroller" shall mean the comptroller of the city.\n 6. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water system or water\nproject as defined herein; the inspection and supervision thereof; and\nthe engineering, architectural, legal, fiscal and economic and\nenvironmental investigations and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\nincidental thereto and claims arising therefrom.\n 7. "Contracting agency" shall mean any municipality, agency, authority\nor board, state agency, public authority or public benefit corporation\nauthorized to award contracts for design, construction, services or\nmaterials for water projects authorized by this title.\n 8. "Cost", as applied to any water project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all systems, facilities,\nmachinery, apparatus and equipment, financing charges, interest prior\nto, during and after construction to the extent not paid or provided for\nfrom revenues or other sources, the cost of engineering and\narchitectural surveys, plans and specifications, the cost of\nconsultants' and legal services, the cost of lease guarantee or bond\ninsurance, other expenses necessary, reasonably related or incidental to\nthe construction of such water project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any water project in operation, including\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures that would be\ncosts of the water project hereunder.\n 9. "Mayor" shall mean the mayor of the city of Buffalo.\n 10. "Municipal bond" shall mean a bond, note or other evidence of\nindebtedness lawfully issued by the city pursuant to the local finance\nlaw or any other law applicable thereto.\n 11. "Person" shall mean any person, firm, partnership, association, or\ncorporation organized or existing under the laws of the state or any\nother state, exclusive of public corporations as defined pursuant to\narticle two-A of the general construction law.\n 12. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights included within\nsaid term and includes not only fees simple absolute, but also any and\nall lesser interests including, but not limited to, easements, rights of\nway, uses, leases, licenses and all other incorporeal hereditaments and\nevery estate, interest or rights, legal or equitable, including terms\nfor years and liens thereon by way of judgments, mortgages or otherwise.\n 13. "State" shall mean the state of New York.\n 14. "State agency" shall mean any state office, department, board,\ncommission, bureau or division, or other agency or instrumentality of\nthe state.\n 15. "System revenues" shall mean rents, fees, charges, payments and\nother income and receipts derived from users of a water system of the\ncity or the water board including, without limiting the generality of\nthe foregoing, investment proceeds and proceeds of insurance,\ncondemnation, sale or other disposition of any part thereof, together\nwith all federal or state aid therefor.\n 16. "Water board" shall mean the water board created by a special act\nof the state legislature, for the city as a body corporate and politic,\nconstituting a public benefit corporation, and having the powers and\nduties as provided in this title.\n 17. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated,\nor constructed or planned for the purpose of supplying, distributing or\ntreating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, water-works or sources of\nwater supply, wells, purification or filtration plants or other\ntreatment plants and works, connections, water meters, rights of flowage\nor division and other plants, structures, equipment, conveyances, real\nor personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntreatment or distribution of water.\n 18. "Water project" shall mean any water facility including the\nplanning, development, financing or construction thereof.\n 19. "Water system" shall mean the water supply and distribution system\nor systems owned by, in the possession of the city or the water board or\nunder the jurisdiction, control and regulation of the city, including\nall additions, increases, enlargements, extensions or improvements\nthereto.\n