§ 40 — Definitions

§ 40. Definitions. Whenever used in this article, unless a different\nmeaning clearly appears from the context:\n 1. "Authority" shall mean a public benefit corporation created by\nsection forty-one of this article for the purposes specified in article\nfive-I of the general municipal law.\n 2. "Government" shall include the state, municipality and the federal\ngovernment, and any agency or instrumentality, corporate or otherwise,\nor any of them acting for and on behalf of the state, a municipality or\nthe federal government.\n 3. "State" shall mean New York State.\n 4. "Municipality" shall mean a city, town, village or county not\nwholly contained within a city.\n 5. "Municipal corporation" shall mean a city, town, village, or county\nnot wholly contained within a city, special transportation district,\npublic benefit corporation or other public corporation, or two or more\nof the foregoing acting jointly.\n 6. "Real Property" shall include lands, waters, rights in lands or\nwaters, structures, franchises and interests in land, including lands\nunder water, riparian rights, and air rights, and any and all other\nthings and rights usually included within the said term and includes\nalso any and all interests in such property less than full title, such\nas easements, permanent or temporary, rights-of-way, uses, leases,\nlicenses and all other incorporeal heriditaments and every estate,\ninterest or right legal or equitable.\n 7. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n 8. "Property" shall mean both real and personal property.\n 9. "Capital project" shall mean the acquisition, construction,\nreconstruction or improvement of any omnibus, transportation or other\nomnibus transportation capital facility and real property and capital\nequipment used in connection therewith; including the preparation of\nfeasibility studies, plans, specifications and estimates of cost\ntherefor.\n 10. "Municipal project" shall mean any omnibus transportation capital\nproject undertaken by a municipal corporation.\n 11. "Federal project" shall mean a municipal project aided or financed\nin whole or in part by the federal government.\n 12. "State Project" shall mean a municipal project aided or financed\nin whole or in part by the state.\n 13. "Project" shall mean a specific work or improvement to effectuate\nall or any part of a plan. A project may be a federal project, a state\nproject, a municipal project or any combination of these.\n 14. "Project cost" shall mean the actual cost of any municipal\nproject, or the estimated cost of such project as determined by the\ncommissioner of transportation, whichever is lower, plus any direct\nincidental costs approved by the commissioner and the state comptroller.\n 15. "Plan" shall mean a plan or undertaking to carry into effect any\nmunicipal project.\n 16. "Governing body" shall mean (1) In a county, the county\nlegislative body; (2) in a city, the board of aldermen, a common\ncouncil, commission or other body vested by its charter or other law\nwith jurisdiction to enact ordinances or local laws, except that in a\ncity having a population of one million or more, if there be a board of\nestimate, the term "governing body" shall mean such board of estimate;\n(3) in a town, the town board; and, (4) in a village, the board of\ntrustees.\n 17. "Federal assistance" shall mean funds available, other than by\nloan from the federal government to the Utica transit authority, either\ndirectly or through allocation by the state, for any omnibus\ntransportation capital project.\n 18. "State Assistance" shall mean funds available from the state\ngovernment to any omnibus transportation capital project.\n