Section 1115-A. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Agreement" shall mean any  agreement  entered  into  by  the  city
      pursuant  to  section  one thousand one hundred fifteen-g or section one
      thousand one hundred fifteen-h of this title.
        2. "Authority" shall mean  the  corporation  created  by  section  one
      thousand one hundred fifteen-b of this title.
        3.  "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. "City" shall mean the city of Albany.
        5.  "Common council" or "council" shall mean the common council of the
      city.
        6. "Civil service commission" shall mean the civil service  commission
      of the city.
        7. "Comptroller" shall mean the comptroller of the state.
        8.  "Construction"  shall  mean  the  acquisition, erection, building,
      alteration,    improvement,    increase,     enlargement,     extension,
      reconstruction,  renovation  or  rehabilitation  of a water, sewerage or
      water, and  sewerage  system  or  project,  as  the  case  may  be;  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 preliminary or incidental thereto and claims arising
      therefrom.
        9. "Contracting agency" shall mean the authority or the  water  board,
      as the case may be.
        10.   "Cost",  as  applied  to  any  project,  includes  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 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  reimbursement  to  the  city, 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.
        11. "Governing body" shall mean the members of the  authority  or  the
      water  board,  as  the  case  may  be,  constituting  and  acting as the
      governing body of the authority or the water board, as the case may be.
        12. "Mayor" shall mean the mayor of the city.
        13.  "Municipality"  shall  mean  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.
    
        14. "Person" shall mean any natural person or any  firm,  partnership,
      association,   joint   venture   or  corporation,  exclusive  of  public
      corporations as  defined  pursuant  to  article  two-A  of  the  general
      construction law.
        15.  "Project"  shall  mean  any  water facility, sewerage facility or
      water  and  sewerage  facility,  including  the  planning,  development,
      financing or construction thereof.
        16.  "Properties"  shall mean the water supply and distribution system
      or systems of the water board, and sewerage system  or  systems  of  the
      water  board,  whether situated within or without the territorial limits
      of the city, 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  part  thereof,  and  any  improvements,
      extensions and betterments.
        17. "Real property"  shall  mean  lands,  structures,  franchises  and
      interests  in  land,  waters,  lands  underwater, ground 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.
        18.  "Revenues"  shall  mean rates, rents, fees, charges, payments and
      other income and receipts derived  from  users  of  a  water  system  or
      sewerage  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,  state  or  municipal  aid
      therefor.
        19.  "Sewage" shall mean 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.
        20.  "Sewerage  facility"  or  "sewerage  facilities"  shall  mean 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 but  not  limited  to  main,
      trunk,  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,  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, neutralizing, storing and disposing  of
      sewage.
        21.  "Sewerage  system"  shall  mean  the  sewage collection, pumping,
      treatment, neutralizing, storage and disposal system  or  systems  owned
      by,  in  the possession of, or under the jurisdiction and control of the
      city  or  the  water  board,   including   all   additions,   increases,
      enlargements, extensions or improvements thereto.
        22. "State" shall mean the state of New York.
        23.  "State  agency"  shall  mean any state office, department, board,
      commission, bureau or division, or other agency  or  instrumentality  of
      the state.
    
        24.  "Water board" shall mean the corporation created by a special act
      of the state legislature at the request  of  the  city  as  provided  in
      section one thousand one hundred fifteen-e of this title.
        25.  "Water  facility"  or  "water  facilities" shall mean any plants,
      structures and other real and personal property acquired, rehabilitated,
      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,
      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, connections, 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.
        26. "Water system" shall mean the water supply and distribution system
      or  systems  owned  by, in the possession of, or under the jurisdiction,
      control and regulation of the city or the  water  board,  including  all
      additions, increases, enlargements, extensions or improvements thereto.