§ 1147-A — Definitions

New York § 1147-A

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-D: Alfred, Almond, Hornellsville Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1147-a. Definitions. As used in this title, unless a different\nmeaning clearly appears from the context:\n 1. The term "authority" shall mean the corporation created by section\neleven hundred forty-seven-c of this title.\n 2. "Board of directors" shall mean the governing board of the\nauthority.\n 3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority.\n 4. "Calendar year and official year" shall mean the twelve month\nperiod from January first through December thirty-first.\n 5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n 6. "Civil service commission" shall mean the civil service commission\nof the county of Allegany.\n 7. "Comptroller" shall mean the comptroller of the state of New York.\n 8. The term "project" shall mean a system of trunk, intercepting and\nconnecting, lateral and outlet sewers, pumping and ventilating stations,\ndisposal or treatment plants or works and other appliances and\nstructures, which in the judgment of the authority will provide an\neffectual and advantageous means for relieving the area which the\nauthority encompasses and any waters within or passing through or any\nground waters from pollution by the sewage and waste of the area\nencompassing the authority and relieving such area from inadequate\nsanitary drainage and for the sanitary disposal or treatment of the\nsewage thereof, or such sections or parts of such system as the\nauthority may from time to time deem it proper or convenient to\nconstruct, consistent with the plan or purpose of this title.\n 9. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a sewer facility of a project as defined herein; the inspection and\nsupervision thereof; and the engineering, architectural, legal,\nappraisal, fiscal, economic and environmental investigations, services\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures and other actions incidental thereto.\n 10. "Costs", as applied to any 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 building or structures on lands so acquired including the\ncost of acquiring any land to which such buildings or structures may be\nmoved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advice and credit arrangements with banks or\nother financial institutions, the amount authorized in the resolution of\nthe authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation.\n 11. "County" shall mean, unless otherwise specifically stated, the\ncounty of Allegany.\n 12. "Governing body" shall mean:\n (a) In the case of a village, county, town or village or district\ncorporation the finance board, as such term is defined in subdivision\nfour of section 2.00 of the local finance law;\n (b) In the case of a public benefit corporation, the members thereof.\n 13. "Members" shall mean the members of the board of directors.\n 14. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n 15. "Real property" shall mean lands, structures, franchises and\ninterests in lands, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights customarily\nincluded within the term "real property" and includes not only fee\nsimple absolute, but also any and all lesser interests including, but\nnot limited to easements, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgment, mortgages or otherwise.\n 16. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n 17. "State" shall mean the state of New York.\n 18. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n 19. "System revenues" shall mean rates, rents, fees, charges,\npayments, assessments and other income and receipts derived from users\nof the facilities of the authority without limiting the generality of\nthe foregoing, investment proceeds and proceeds of insurance,\ncondemnation sales or other dispositions of assets together with all\nfederal, state or municipal aid as well as any other income derived from\nthe operation of the sewer facilities of the authority.\n 20. "Treasurer" shall mean the treasurer of the authority.\n