N.Y. Public Authorities Law 1199-BBB – Definitions
§ 1199-bbb. 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 1199-BBB
- Appraisal: A determination of property value.
- 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.
- 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.
- Personal property: All property that is not real property.
1. "Authority" shall mean the corporation created by section one thousand one hundred ninety-nine-ddd of this title.
2. "Board" shall mean the members of the authority constituting and acting as the governing board of the authority.
3. "Board of supervisors" shall mean the board of supervisors of Saratoga county.
4. "Bonds" shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title, and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires.
4-a. "Civil service commission" shall mean the personnel officer of the county of Saratoga or any other person or entity acting as the civil service commission of the county of Saratoga.
5. "Comptroller" shall mean the comptroller of the state of New York.
6. "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 preliminary or incidental thereto.
7. "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, interest prior to, during and after construction to the extent not paid or provided for from revenues or other sources, the cost of engineering and architectural surveys, plans and specifications, the cost of consultant and legal services, the cost of lease guarantee or bond insurance and the cost of other expenses necessary or incidental to the construction of such project and the financing of the construction thereof, including the amount authorized in the resolution of the authority providing for the issuance of bonds to be paid into any reserve or other special fund from the proceeds of such bonds and the financing of the placing of any project in operation, including the reimbursement to the county, or 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.
8. "County" shall mean the county of Saratoga.
9. "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 such water.
10. "District" shall mean the Saratoga county water authority district created by section one thousand one hundred ninety-nine-ccc of this title.
11. "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.
12. "Members" shall mean the members of the board.
13. "Municipality" shall mean any county, city, town, village, or county or town acting on behalf of an improvement district, any other instrumentality, including any agency, or public corporation of the state, or any of the foregoing or any combination thereof.
14. "Person" shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation.
15. "Real property" shall mean lands, structures, franchises, rights and interests in land, waters, lands underwater, groundwater, riparian rights and air rights and any and all things and rights included within said 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.
16. "Personnel officer" shall mean the personnel officer of the county of Saratoga.
17. "State sanitary code" shall mean regulations adopted pursuant to § 225 of the public health law.
18. "State" shall mean the 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 by the authority 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 but in no event shall "system revenues" mean an ad valorem levy on real or personal property within the authority or any part thereof.
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 or other real and personal property acquired, rehabilitated or constructed or planned for the purpose of accumulating, 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, pumps, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, approaches, connections, water meters, rights of flowage or diversion and other plants, structures, equipment, vehicles, 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.