Section 1048-B. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Authority" shall mean the public benefit  corporation  created  by
      section  one  thousand forty-eight-c of this title, known as the Buffalo
      municipal water finance authority.
        2. "Bonds" shall mean 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.
        3. "City" shall mean the city of Buffalo.
        4. "Common council" or "council" shall mean the common council of  the
      city of Buffalo.
        5. "Comptroller" shall mean the comptroller of the city.
        6.  "Construction"  shall  mean  the  acquisition, erection, building,
      alteration,    improvement,    increase,     enlargement,     extension,
      reconstruction,  renovation or rehabilitation of a water system or water
      project as defined herein; the inspection and supervision  thereof;  and
      the   engineering,   architectural,   legal,  fiscal  and  economic  and
      environmental  investigations  and  studies,  surveys,  designs,  plans,
      working   drawings,   specifications,   procedures   and  other  actions
      incidental thereto and claims arising therefrom.
        7. "Contracting agency" shall mean any municipality, agency, authority
      or board, state agency, public authority or public  benefit  corporation
      authorized  to  award  contracts  for  design, construction, services or
      materials for water projects authorized by this title.
        8. "Cost", as applied to any water 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 lands 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
      consultants'  and  legal  services,  the cost of lease guarantee or bond
      insurance, other expenses necessary, reasonably related or incidental to
      the construction  of  such  water  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 water project in operation, including
      reimbursement to any municipality, state agency, the state,  the  United
      States  government,  or  any other person for expenditures that would be
      costs of the water project hereunder.
        9. "Mayor" shall mean the mayor of the city of Buffalo.
        10. "Municipal bond" shall mean a bond,  note  or  other  evidence  of
      indebtedness  lawfully  issued by the city pursuant to the local finance
      law or any other law applicable thereto.
        11. "Person" shall mean any person, firm, partnership, association, or
      corporation organized or existing under the laws of  the  state  or  any
      other  state,  exclusive  of  public corporations as defined pursuant to
      article two-A of the general construction law.
        12. "Real property"  shall  mean  lands,  structures,  franchises  and
      interests  in  land,  waters,  lands  under  water, groundwater riparian
      rights and air rights and any and all things and rights included  within
      said  term  and includes not only fees 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 rights, legal or equitable, including terms
      for years and liens thereon by way of judgments, mortgages or otherwise.
        13. "State" shall mean the state of New York.
        14.  "State  agency"  shall  mean any state office, department, board,
      commission, bureau or division, or other agency  or  instrumentality  of
      the state.
        15.  "System  revenues"  shall mean rents, fees, charges, payments and
      other income and receipts derived from users of a water  system  of  the
      city  or  the  water board including, without limiting the generality of
      the  foregoing,  investment  proceeds   and   proceeds   of   insurance,
      condemnation,  sale  or  other disposition of any part thereof, together
      with all federal or state aid therefor.
        16. "Water board" shall mean the water board created by a special  act
      of  the state legislature, for the city as a body corporate and politic,
      constituting a public benefit corporation, and  having  the  powers  and
      duties as provided in this title.
        17.  "Water  facility"  or  "water  facilities" shall mean any plants,
      structures and other real and personal property acquired, rehabilitated,
      or constructed or planned for the purpose of supplying, 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,  water-works  or  sources  of
      water   supply,  wells,  purification  or  filtration  plants  or  other
      treatment plants and works, connections, water meters, rights of flowage
      or division and other plants, structures, equipment,  conveyances,  real
      or  personal  property  or  rights  therein  and  appurtenances  thereto
      necessary  or  useful  and  convenient  for  the  accumulation,  supply,
      treatment or distribution of water.
        18.  "Water  project"  shall  mean  any  water  facility including the
      planning, development, financing or construction thereof.
        19. "Water system" shall mean the water supply and distribution system
      or systems owned by, in the possession of the city or the water board or
      under the jurisdiction, control and regulation of  the  city,  including
      all  additions,  increases,  enlargements,  extensions  or  improvements
      thereto.