Section 1198-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 corporation created  by  section  eleven
      hundred ninety-eight-d of this title.
        2.  "Board  of  directors"  shall  mean  the  governing  board  of the
      authority.
        3.  "Bonds"  shall  mean  the  bonds,  notes  or  other  evidences  of
      indebtedness issued by the authority pursuant to this title.
        4.  "Calendar  year"  shall  mean the twelve month period from January
      first through December thirty-first.
        5. "Chief executive officer" when referring to  a  municipality  shall
      mean the chief elected official of such municipality and, when referring
      to the authority, shall mean the chairperson of the authority.
        6.  "Civil service commission" shall mean the civil service commission
      of the county of Nassau.
        7. "Comptroller" shall mean the comptroller of the state of New York.
        8. "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 incidental thereto.
        9. "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 and bond discount, interest
      to the extent not paid or provided for from revenues or  other  sources,
      the   cost   of   engineering   and  architectural  surveys,  plans  and
      specifications, bond insurance, bond  credit  enhancement  arrangements,
      other  expenses  necessary  or  incidental  to  the construction of such
      project and the financing of the  construction  thereof,  including  the
      cost  of  legal and financial advices and credit arrangements with banks
      or other financial institutions, the amount authorized in the resolution
      of the authority providing for the issuance of bonds to be paid into any
      reserve or special  fund  from  the  proceeds  of  such  bonds  and  the
      financing  of  the  placing  of  any project in operation, including the
      reimbursement to 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, notwithstanding  the  fact
      that  such  expenditures  may  have been incurred prior to the effective
      date of this title.
        10. "County" shall mean the county of Nassau.
        11. "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 water.
        12. "District" shall mean the water authority of Western Nassau county
      district created by section eleven hundred ninety-eight-c of this title.
        13. "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.
    
        14. "Members" shall mean the members of the board of directors.
        15.  "Municipality"  shall  mean  any  city,  county, town, village or
      county or town acting on behalf of an improvement district.
        16. "Real property"  shall  mean  lands,  structures,  franchises  and
      interests in land, waters, lands under water, goundwater riparian rights
      and  air  rights  and any and all things and rights customarily included
      within the 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.
        17.  "State  sanitary code" shall mean regulations adopted pursuant to
      section two hundred twenty-five of the public health law.
        18. "State" shall mean 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  from  users  of  the
      authority  without  limiting the generality of the foregoing, investment
      proceeds  and  proceeds  of  insurance,  condemnation,  sales  or  other
      dispositions  of  assets,  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.
        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  and other real and personal property acquired, rehabilitated
      or constructed for the purpose of 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,  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, 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 section eleven hundred  of  the  public
      health law.