§ 2 — Definitions

New York § 2

• Jurisdiction: New York
• Law RAT: Rapid Transit
• Art. 1: Short Title and Definitions

Text

§ 2. Definitions. a. Unless expressly otherwise provided, whenever\nused in this chapter, the following terms shall mean or include:\n 1. "Board of assessors." The board in the city charged with the duty\nof making assessments for assessable improvements other than those\nrequired by law to be confirmed by a court of record.\n 2. "Board of estimate." The board of estimate or other analogous local\nauthority of the city.\n 3. "Board of revision of assessments." The board authorized by law\nfinally and conclusively to determine objections to proposed awards or\nassessments fixed and determined by the board of assessors.\n 4. "Board of transportation." The board in the city established\npursuant to section ten of this chapter.\n 5. "Bonds." Bonds, corporate stock, debentures, notes and other\nevidences of indebtedness maturing more than one year after their\nrespective dates, secured or unsecured.\n 6. "Bondholders." The owners of bonds.\n 7. "City." A city containing a population of more than one million\ninhabitants according to the last federal census.\n 8. "Commission." The public service commission--- state division of\nthe department of public service.\n 9. "Comptroller." The comptroller, auditor or other chief financial\nofficer of the city.\n 10. "Contract" or "lease." A contract, agreement, grant, franchise,\nconsent, certificate, authorization, authority, license or any other\nform whereby rights are granted to use streets for railroads or to\nconstruct, equip, provide, maintain or operate railroads.\n 11. "Corporation counsel." The corporation counsel or other principal\nlegal adviser of the city.\n 12. "Devices and appurtenances." Devices and appurtenances deemed\nnecessary by the board of transportation or the commission, within their\nrespective jurisdictions, to secure the greatest efficiency, public\nconvenience and safety, including the number, location, description and\nplans and specifications for the stations, suitable supports, turnouts,\nswitches, sidings, connections, landing places, buildings, structures,\nplatforms, stairways, elevators, telegraph and signal devices,\nfacilities for access to the surface, and other suitable appliances\nincidental and requisite to what such board or commission, within their\nrespective jurisdictions, may approve as the best and most efficient\nsystem of rapid transit in view of the public needs and requirements,\nincluding, in its discretion, operation of a railroad or some portion\nthereof by any device or means, other than separate cars or trains, in\nthe construction of which stationary means for guiding a conveyance in a\ndefinite path and means for propelling such conveyance are necessary\nelements.\n 13. "Equipment." When used in a contract for equipment of any\nrailroad, shall include all such rolling stock, motors, boilers,\nengines, wires, ways, conduits and mechanisms, machinery, tools,\nimplements and devices of every nature whatsoever used for the\ngeneration or transmission of motive power and including all power\nhouses, and all apparatus and all devices for signaling and ventilation\nas may be required for the operation of such road and specified in the\ncontract for such equipment.\n 14. "Facilities." Routes, tracks, extensions, connections, terminals\nor facilities.\n 15. "Mayor." The mayor of the city.\n 16. "Person." A natural person, firm or corporation.\n 17. "President of the borough." A president of a borough or other\nchief executive officer having principal charge of the streets of the\ncity.\n 18. "Property" or "property rights." Real estate, real property,\nlands, rights, terms, interests, privileges, franchises or easements of\nowners, abutting owners or others.\n 19. "Railroad." A rapid transit railroad, street surface railroad,\nomnibus line, any other transit facility and any railroad in the city\nused for local service in the transportation of passengers as common\ncarriers for hire, jurisdiction whereof is vested in the board of\ntransportation or the commission whether any such railroad exists or is\nconstructed in the future, and any portion thereof and the rights,\nleaseholds or other interests therein, together with the equipment\nthereof and power plants and other instrumentalities used or useful\ntherefor or in connection therewith. For the purposes of subdivisions c\nthrough l of section thirty-four of this chapter the term shall also\ninclude improvements, additions, property, devices and appurtenances\nother than rolling-stock, necessary either for construction or\noperation.\n 20. "Railroad company." The owner, lessee or operator of a railroad.\n 21. "Recapture" or "recaptured." The exercise by the city of its right\nto retake a railroad of the city or any part thereof leased to a\nrailroad company under lease made pursuant to the provisions of this\nchapter by terminating the lease as to such railroad or any part thereof\npursuant to and in accordance with its terms and provisions.\n 22. "Street." A public street, marginal street, avenue, road, bridge,\nviaduct, highway, boulevard, driveway, park, parkway, dock, bulkhead,\nwharf, pier, ground, river, water, square, place or land within the\ncity.\n 23. "Sub-surface structures." Galleries, ways, subways or tunnels for\npipes, sewers, gas or water pipes or mains, electric wires, conduits,\nand other sub-surface structures and conductors proper to be placed\nunderground or for the transmission of electricity, steam, water, air or\nother source or means of power or of signals or messages necessary or\nconvenient for or in the construction or operation of a railroad, or for\nthe transportation of materials necessary for such construction or\noperation or to provide temporary or permanent ways or courses for any\nsuch structures or other means or sources of transportation.\n b. Words in the singular number shall include the plural, and those in\nthe plural number shall include the singular.\n c. The term "may" is permissive in character, and not mandatory or\ndirectory, as to any action or function to which it is related in the\ntext.\n d. The term "shall" is mandatory, except when used as a synonym for\nthe term "will" indicating a future tense.\n