Section 1199-AAAA. 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  one
      thousand one hundred ninety-nine-cccc of this title.
        2.  "Board"  shall  mean the members of the authority constituting and
      acting as the governing board of the authority.
        3. "Board of supervisors" shall  mean  the  board  of  supervisors  of
      Livingston county.
        4.  "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.
        5.  "Civil service commission" shall mean the personnel officer of the
      county of Livingston or any other person or entity acting as  the  civil
      service commission of the county of Livingston.
        6. "Comptroller" shall mean the comptroller of the state of New York.
        7.  "Construction"  shall mean the negotiation, acquisition, erection,
      building,  alteration,  improvement,  testing,  increase,   enlargement,
      extension, reconstruction, interconnection, 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,  appraisal,  fiscal,  economic  and  environmental
      investigations,  services  and studies, surveys, designs, plans, working
      drawings, specifications, procedures and other  actions  preliminary  or
      incidental thereto.
        8.  "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, 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 or other  credit
      enhancement associated with bonds of the authority (including notes) 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 county, or 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.
        9. "County" shall mean the county of Livingston.
        10. "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.
        11.  "District"  shall  mean  the  Livingston  county  water and sewer
      authority district created by section eleven hundred ninety-nine-bbbb of
      this title.
        12. "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.
        13. "Members" shall mean the members of the board.
        14.  "Municipality"  shall  mean  any  county,  city,  town,  village,
      improvement district under the  county  or  town  law,  any  other  such
      instrumentality,  including  any  agency  or  public  corporation of the
      state, or any of the foregoing or any combination thereof.
        15. "Person" shall mean any natural person, partnership,  association,
      joint  venture  or  corporation,  exclusive  of  a public corporation as
      defined pursuant to article two-A of the general construction law.
        16. "Real property" shall mean lands, structures,  franchises,  rights
      and  interests  in land, waters, lands underwater, groundwater, riparian
      rights and air rights and any and all things and rights included  within
      said 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. "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,  conveying,
      pumping,  treating,  neutralizing,  storing  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, ground water recharge basins, back-flow  prevention
      devices,   sludge  dewatering  or  disposal  equipment  and  facilities,
      clarifiers, 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.
        20. "State" shall mean the state of New York.
        21.  "State  agency"  shall  mean  any  state  office,  public benefit
      corporation, department, board, commission, bureau or division, or other
      agency or instrumentality of the state.
        22. "Supply facility" shall mean a water  facility  employed  to  make
      groundwater  or surface water available for delivery into a transmission
      facility or distribution system.
        23. "System revenues" shall mean  all  rates,  rents,  fees,  charges,
      payments  and  other  income  and  receipts  derived  by  the  authority
      including, 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.
        24. "Transmission facility" shall mean a water facility used to  carry
      water from a supply facility to a distribution system.
    
        25. "Treasurer" shall mean the treasurer of the authority.
        26.  "Water  facility"  or  "water  facilities" shall mean any plants,
      structures or other real and personal property  acquired,  rehabilitated
      or  constructed  or  planned for the purpose of accumulating, 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,  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,  approaches,  connections,
      water   meters,  rights  of  flowage  or  diversion  and  other  plants,
      structures, equipment, vehicles, 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.
        27. "Water project" shall mean any sewerage facility,  water  facility
      or  water  and  sewerage  facility,  as  the  case may be, including the
      planning, development, financing or construction thereof.
        28. "Watershed rules" shall mean the rules and regulations made by the
      department of health pursuant to section eleven hundred  of  the  public
      health law.
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