Section 1122. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Authority" means the corporation created by section eleven hundred
      twenty-four of this title.
        2. "Board" means the members of the authority constituting and  acting
      as the governing board of the authority.
        3. "Bonds"  means  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. "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" means the comptroller of the state of New York.
        6. "Construction"   means   the  negotiation,  acquisition,  erection,
      building, alteration,  improvement,  increase,  enlargement,  extension,
      reconstruction,  renovation,  interconnection,  or  rehabilitation  of a
      water, sewerage or water and sewerage system, as the case  may  be;  the
      inspection  and supervision thereof; and the engineering, architectural,
      legal, appraisal, fiscal,  economic  and  environmental  investigations,
      services,   studies,   surveys,   designs,   plans,   working  drawings,
      specifications, procedures and other actions preliminary  or  incidental
      thereto.
        7. "Cost"   as   applied   to   any  project,  includes  the  cost  of
      construction, the  cost  of  the  acquisition  of  all  property,  real,
      personal   and   mixed,   and  improved  and  unimproved,  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 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 town, or any municipality, state agency, the state,
      the United States government, or any other person for expenditures  that
      would  be  costs of the project hereunder had they been made directly by
      the authority.
        8. "Distribution system" shall mean the water facility  or  facilities
      employed  to  deliver water from a transmission facility, or where there
      is not a transmission facility, from a supply facility, to the  ultimate
      consumers of water.
        9. "District"  means  the  town  of  Wilton  water  and sewer district
      created by section eleven hundred twenty-three of this title.
        10. "Governing body" means:
        (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; or
        (b) In the case of a public benefit corporation, the members thereof.
        11. "Municipality" means any county, city, town, village,  improvement
      district  under  the town law, any other such instrumentality, including
    
      any agency or public corporation of the state, or any of  the  foregoing
      or any combination thereof.
        12. "Person" means any natural person, partnership, association, joint
      venture or corporation, exclusive of a public corporation.
        13. "Project"  means  any  water,  sewerage  and  water  and  sewerage
      facility.
        14. "Properties" means the water system or systems of  the  authority,
      whether  situated  within  or  without  the  territorial  limits  of the
      district, including the plants, works, structures, instrumentalities  or
      part thereof and appurtenances thereto, real property, water facilities,
      sewerage  facilities or any other property incidental to and included in
      such system or systems or part thereof, and any improvements, extensions
      and betterments.
        15. "Real property" means lands, structures,  franchises,  rights  and
      interests  in  lands,  waters, lands underwater, riparian rights and air
      rights and any and all things and rights included within said  term  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. "Revenues"  means  all  rates,  rents, fees, charges, payments and
      other income and receipts derived from the operation of  the  properties
      of  the  authority  including,  without  limiting  the generality of the
      foregoing, investment proceeds and proceeds of insurance,  condemnation,
      and  sales  or  other dispositions of assets, together with all federal,
      state or municipal aid.
        17. "Sewerage" means the water-carried human  or  animal  wastes  from
      residences,   buildings,  industrial  establishments  or  other  places,
      together with such groundwater infiltration and surface water as may  be
      present.  The  admixture  with sewage of industrial or other wastes also
      shall be considered "sewage" within the meaning of this title.
        18. "Sewerage facility" or "sewerage  facilities"  means  any  plants,
      structures  and other real and personal property acquired, rehabilitated
      or constructed or planned for  the  purpose  of  collecting,  conveying,
      pumping,  treating,  neutralizing,  storing  and  disposing of sewerage,
      including but not limited  to  main,  truck,  intercepting,  connecting,
      lateral,  outlet  or other sewers, outfalls, pumping stations, treatment
      and disposal plants, groundwater recharge basins,  back-flow  prevention
      devices,   sludge  dewatering  or  disposal  equipment  and  facilities,
      clarifies, filters,  phosphorus  removal  equipment  and  other  plants,
      works,  structures,  equipment,  vehicles, conveyances, contract rights,
      franchises, approaches, connections, permits, real or personal  property
      or  rights  therein  and  appurtenances  thereto necessary or useful and
      convenient  for  the   collection,   conveyance,   pumping,   treatment,
      neutralizing, storing and disposing of sewage.
        19. "State" shall mean the state of New York.
        20. "State agency" means any state office, public benefit corporation,
      department,  board,  commission,  bureau or division, or other agency or
      instrumentality of the state.
        21. "State sanitary code" means the regulations  adopted  pursuant  to
      section two hundred twenty-five of the public health law.
        22. "Supply   facility"  means  a  water  facility  employed  to  make
      groundwater or surface water available for delivery into a  transmission
      facility or distribution system.
        23. "Town" means the town of Wilton.
        24. "Town board" means the town board of the town.
        25. "Town supervisor" means the town supervisor of the town.
    
        26. "Transmission facility" means a water facility used to carry water
      from a supply facility to a distribution system.
        27. "Treasurer" means the treasurer of the authority.
        28. "Water  facility"  or  "water facilities" means any plants, works,
      instrumentalities, structures  and  other  real  and  personal  property
      acquired,  rehabilitated  or  constructed  or planned for the purpose of
      accumulating, supplying, transmitting, heating  or  distributing  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,
      contract  rights,  franchises,  approaches,  connections, permits, water
      meters, rights of flowage or diversion  and  other  plants,  structures,
      equipment,  vehicles,  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.
        29. "Watershed  rules"  means  the  rules  and regulations made by the
      department of health pursuant to section eleven hundred  of  the  public
      health law.
        * NB There are 2 § 1122's