N.Y. Public Authorities Law 1197-B – Definitions
§ 1197-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context:
Terms Used In N.Y. Public Authorities Law 1197-B
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Personal property: All property that is not real property.
1. "Authority" shall mean the corporation created by section eleven hundred ninety-seven-d of this title.
2. "Board of directors" shall mean the governing board of the authority.
3. "Bonds" shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title.
4. "Calendar year" shall mean the twelve month period from January first through December thirty-first.
5. "Chief executive officer" when referring to a municipality shall mean the chief elected official of such municipality and, when referring to the authority, shall mean the chairperson of the authority.
6. "Civil service commission" shall mean the civil service commission of the county of Nassau.
7. "Comptroller" shall mean the comptroller of the state of New York.
8. "Construction" shall mean the negotiation, acquisition, erection, building, alteration, improvement, testing, increase, enlargement, extension, reconstruction, interconnection, renovation or rehabilitation of a water facility as defined herein; the inspection and supervision thereof; and the engineering, architectural, legal, appraisal, fiscal, economic and environmental investigations, services and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions incidental thereto.
9. "Costs", as applied to any project, shall include the cost of construction, the cost of the acquisition of all property, including both real, personal and mixed, the cost of demolishing, removing or relocating any buildings or structures on lands so acquired including the cost of acquiring any land to which such buildings or structures may be moved or relocated, the cost of all systems, facilities, machinery, apparatus and equipment, financing charges and bond discount, interest to the extent not paid or provided for from revenues or other sources, the cost of engineering and architectural surveys, plans and specifications, bond insurance, bond credit enhancement arrangements, other expenses necessary or incidental to the construction of such project and the financing of the construction thereof, including the cost of legal and financial advices and credit arrangements with banks or other financial institutions, the amount authorized in the resolution of the authority providing for the issuance of bonds to be paid into any reserve or special fund from the proceeds of such bonds and the financing of the placing of any project in operation, including the reimbursement to any municipality, state agency, the state, the United States government, or any other person for expenditures made by them that would be costs of the project hereunder, notwithstanding the fact that such expenditures may have been incurred prior to the effective date of this act, so long as such expenditures were not incurred prior to January first, nineteen hundred eighty-two, and were expended through the water consortium of the villages of Great Neck.
10. "County" shall mean the county of Nassau.
11. "Distribution system" shall mean the water facility or facilities employed to deliver water from a transmission facility, or where there is no transmission facility, from a supply facility, to the ultimate consumers of water.
12. "District" shall mean the water authority of Great Neck north district created by section eleven hundred ninety-seven-c of this title.
13. "Governing body" shall mean:
(a) In the case of a city, county, town or village or district corporation the finance board as such term is defined in the local finance law.
(b) In the case of a public benefit corporation, the members thereof.
14. "Members" shall mean the members of the board of directors.
15. "Municipality" shall mean any city, county, town, village or county or town acting on behalf of an improvement district.
16. "Real property" shall mean lands, structures, franchises and interests in land, waters, lands under water, goundwater riparian rights and air rights and any and all things and rights customarily included within the term "real property" and includes not only fee simple absolute, but also any and all lesser interests including, but not limited to, easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise.
17. "State sanitary code" shall mean regulations adopted pursuant to § 225 of the public health law.
18. "State" shall mean state of New York.
19. "State agency" shall mean any state office, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state.
20. "Supply facility" shall mean a water facility employed to make groundwater or surface water available for delivery into a transmission facility or distribution system.
21. "System revenues" shall mean all rates, rents, fees, charges, payments and other income and receipts derived from users of the authority without limiting the generality of the foregoing, investment proceeds and proceeds of insurance, condemnation, sales or other dispositions of assets, together with all federal, state or municipal aid as well as any other income derived from the operation of the water facility of the authority.
22. "Transmission facility" shall mean a water facility used to carry water from a supply facility to a distribution system.
23. "Treasurer" shall mean the treasurer of the authority.
24. "Water facility" or "water facilities" shall mean any plants, structures and other real and personal property acquired, rehabilitated or constructed for the purpose of supplying, transmitting, distributing or treating water, including but not limited to surface or groundwater reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, rights of flowage or diversion and other plants, structures, equipment, towers, conveyances, real or personal property or rights therein and appurtenances thereto necessary or useful and convenient for the accumulation, supply, transmission, treatment or distribution of water.
25. "Water project" shall mean any water facility, including the planning, development, financing or construction thereof.
26. "Watershed rules" shall mean the rules and regulations made by the department of health pursuant to § 1100 of the public health law.