N.Y. Education Law 452 – Definitions
§ 452. Definitions. As used or referred to in this article, unless a different meaning clearly appears from the context:
Terms Used In N.Y. Education Law 452
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. "Board" or "board of education" shall mean the chancellor or deputy chancellor of the city school district of the city of New York, except for the purposes of section four hundred fifty-three of this chapter.
2. "Bonds" and "notes" shall mean bonds and notes respectively, issued by the fund pursuant to this article.
3. "City" shall mean the city of New York.
4. "City agency" shall mean any officer, administration, department, board, commission, bureau, division, agency or instrumentality of the city of New York.
5. "Combined occupancy structure" shall mean any improvement on real property or any interests therein or thereto, including fee interest, easements, space rights or air rights, containing school accommodations or other facilities of the board of education of the city of New York in combination with other compatible and lawful non-school uses designed and intended to increase, from both a planning and an economic viewpoint, the efficient utilization of available land areas. A combined occupancy structure shall also include a structure in a project or development under the auspices of the fund wherein non-school portions of structures placed upon the overall site are not built in space rights over the school portion, so long as some part of the non-school portion is constructed over or under any part of the school portion of the development.
6. "Commissioner of education" shall mean the commissioner of education of the state of New York.
7. "Comptroller" or "city comptroller" shall mean the comptroller of the city of New York.
8. "Corporation counsel" shall mean the corporation counsel of the city of New York.
9. "Developer" shall mean and include any private individual, partnership, trust or private or public corporation approved by the board of education as being qualified and eligible to enter into one or more leases, subleases or other agreements with the fund providing for the construction, acquisition, reconstruction, rehabilitation or improvement of one or more combined occupancy structures; which agreements shall be subject to approval by the board of education.
10. "Director of management and budget" or "city director of management and budget" shall mean the director of management and budget of the city of New York.
11. "Finance commissioner" or "city finance commissioner" shall mean the commissioner of finance of the city of New York.
12. "Fund" shall mean the corporate governmental agency created by section four hundred fifty-three of this article.
13. "Governor" shall mean the governor of the state of New York.
14. "Letting agency" shall mean and include the board of education or any other city agency which by agreement with the fund is to award the contracts for a particular construction, reconstruction, rehabilitation or improvement; or the fund itself, if it is to award such contracts.
14-a. "Maximum debt service reserve fund requirement" shall mean the amount of money required to be deposited in a debt service reserve fund authorized by section four hundred sixty-two hereof established pursuant to a resolution of the fund.
15. "Mayor" shall mean the mayor of the city of New York.
15-a. "Owner" shall mean and include any private individual, partnership, trust or private or public corporation, taking possession of the non-school portion of a combined occupancy structure pursuant to a lease, sub-lease, conveyance or other agreement, or acquiring fee title to or a leasehold or other interest in such non-school portion.
16. "Planning commission" shall mean the planning commission of the city of New York.
17. "Real property" shall mean lands, waters, rights in lands or waters, structures, franchises and interests in land, including air or space rights, and any and all other things and rights usually included within the same term and includes also any and all interests in such property less than full title, such as easements permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments in every estate, interest or right, legal or equitable.
18. "School building" shall mean a separate structure entirely devoted to use and occupancy for public school purposes; including incidental and appurtenant recreational and other facilities.
19. "School portion" or "school portion of combined occupancy structure" shall mean that portion of a combined occupancy structure designed, constructed, reconstructed, rehabilitated or improved for use and occupancy for public school purposes; including the real property to be used in connection therewith together with incidental and appurtenant recreational and other facilities.
20. "State" shall mean the state of New York.