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-three of this title.
        2. "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.
        3. "Civil service commission" means the civil  service  commission  of
      the county of Dutchess.
        4. "Comptroller" means the comptroller of the state.
        5. "Construct", "construction" or "constructed" means the acquisition,
      erection,  building,  alteration,  improvement,  increase,  enlargement,
      extension, reconstruction, renovation  or  rehabilitation  of  a  water,
      sewerage  or  water  and  sewerage  facility,  as  the  case may be; the
      inspection and supervision thereof; and the engineering,  architectural,
      legal, fiscal and economic investigations and studies, surveys, designs,
      plans,  working  drawings,  specifications,  procedure and other actions
      preliminary or incidental thereto.
        6. "Cost"  as  applied  to  any  project,   includes   the   cost   of
      construction,  the  cost  of  the acquisition of all property, including
      real property and other property, both  real,  personal  and  mixed  and
      improved  and  unimproved,  the  cost  of  the  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  water  facilities,  sewerage
      facilities,  water  and  sewerage  facilities,  machines,  apparatus and
      equipment, financing charges  and  bond  discount,  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 bond or lease guarantee, bond  insurance
      or  any  other  credit  support  device  and  the cost of other expenses
      necessary or incidental to the  construction  of  any  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 funds from the proceeds of
      such bonds and the financing of the placing of any project in operation,
      including reimbursement  to  the  county,  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.
        7. "County" means the county of Dutchess.
        8. "County executive" means the county executive of the county,  being
      the chief executive officer of the county.
        9. "County legislature" means the county legislature of the county.
        10. "Distribution  system"  means  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.
        11. "Governing body" means the members of the  authority  constituting
      and acting as the governing body of the authority.
        12. "Municipality"   means   any   county,  city,  town,  village,  or
      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.
    
        13. "Person" means any natural person, partnership, association, joint
      venture or corporation, exclusive of a public corporation.
        14. "Project"   means  any  water,  sewerage  or  water  and  sewerage
      facility, as the case may be.
        15. "Properties" means water, sewerage or water and sewerage  facility
      or    facilities,    including    the    plants,    works,   structures,
      instrumentalities  or  part  thereof  and  appurtenances  thereto,  real
      property,  or  any  other  property  incidental  to and included in such
      facility or facilities or part thereof, and any improvements, extensions
      and betterments.
        16. "Real property" means lands,  structures,  franchise,  rights  and
      interests  in  land,  waters, lands under water, 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 right, legal or equitable, including terms for years
      and liens thereon by way of judgments, mortgages or otherwise.
        17. "Revenues"  means  all  rates,  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 sale or
      other disposition  of  assets,  together  with  all  federal,  state  or
      municipal aid, if any.
        18.  "Sewage"  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  waste  also
      shall be considered "sewage" within the meaning of this title.
        19. "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, treating and
      disposing of sewage, including main,  trunk,  intercepting,  connecting,
      lateral,  outlet  or  other sewers, outfall, pumping stations, treatment
      and disposal plants, groundwater recharge basins,  back-flow  prevention
      devices,   sludge  dewatering  or  disposal  equipment  and  facilities,
      clarifiers, filters, phosphorus removal  equipment,  and  other  plants,
      structures,  equipment, vehicles, conveyances, 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.
        20. "State" means the state of New York.
        21. "State  agency"  means   any   state   officer,   public   benefit
      corporation, department, board, commission, bureau or division, or other
      agency or instrumentality of the state.
        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. "Transmission facility" means a water facility used to carry water
      from a supply facility to a distribution system.
        24. "Water   facility"   or   "water  facilities"  means  any  plants,
      structures and other real and personal property acquired,  rehabilitated
      or  constructed  or  planned for the purpose of accumulating, supplying,
      transmitting, treating or distributing water, including but not  limited
      to  surface  or groundwater reservoirs, basins, dams, canals, aqueducts,
      aqueduct taps, 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.
        * NB There are 2 § 1122's