Section 2. Definitions


Latest version.
  • a.  Unless expressly otherwise provided, whenever
      used in this chapter, the following terms shall mean or include:
        1. "Board of assessors." The board in the city charged with  the  duty
      of  making  assessments  for  assessable  improvements  other than those
      required by law to be confirmed by a court of record.
        2. "Board of estimate." The board of estimate or other analogous local
      authority of the city.
        3. "Board of revision of assessments." The  board  authorized  by  law
      finally  and  conclusively to determine objections to proposed awards or
      assessments fixed and determined by the board of assessors.
        4. "Board of  transportation."  The  board  in  the  city  established
      pursuant to section ten of this chapter.
        5.  "Bonds."  Bonds,  corporate  stock,  debentures,  notes  and other
      evidences of indebtedness  maturing  more  than  one  year  after  their
      respective dates, secured or unsecured.
        6. "Bondholders." The owners of bonds.
        7.  "City."  A  city  containing a population of more than one million
      inhabitants according to the last federal census.
        8. "Commission." The public service commission---  state  division  of
      the department of public service.
        9.  "Comptroller."  The  comptroller, auditor or other chief financial
      officer of the city.
        10. "Contract" or "lease." A contract,  agreement,  grant,  franchise,
      consent,  certificate,  authorization,  authority,  license or any other
      form whereby rights are granted to  use  streets  for  railroads  or  to
      construct, equip, provide, maintain or operate railroads.
        11.  "Corporation counsel." The corporation counsel or other principal
      legal adviser of the city.
        12. "Devices and  appurtenances."  Devices  and  appurtenances  deemed
      necessary by the board of transportation or the commission, within their
      respective  jurisdictions,  to  secure  the  greatest efficiency, public
      convenience and safety, including the number, location, description  and
      plans  and specifications for the stations, suitable supports, turnouts,
      switches, sidings, connections, landing places,  buildings,  structures,
      platforms,   stairways,   elevators,   telegraph   and  signal  devices,
      facilities for access to the  surface,  and  other  suitable  appliances
      incidental  and requisite to what such board or commission, within their
      respective jurisdictions, may approve as the  best  and  most  efficient
      system  of  rapid  transit in view of the public needs and requirements,
      including, in its discretion, operation of a railroad  or  some  portion
      thereof  by  any device or means, other than separate cars or trains, in
      the construction of which stationary means for guiding a conveyance in a
      definite path and means for propelling  such  conveyance  are  necessary
      elements.
        13.  "Equipment."  When  used  in  a  contract  for  equipment  of any
      railroad,  shall  include  all  such  rolling  stock,  motors,  boilers,
      engines,   wires,  ways,  conduits  and  mechanisms,  machinery,  tools,
      implements  and  devices  of  every  nature  whatsoever  used  for   the
      generation  or  transmission  of  motive  power  and including all power
      houses, and all apparatus and all devices for signaling and  ventilation
      as  may  be required for the operation of such road and specified in the
      contract for such equipment.
        14. "Facilities." Routes, tracks, extensions,  connections,  terminals
      or facilities.
        15. "Mayor." The mayor of the city.
        16. "Person." A natural person, firm or corporation.
    
        17.  "President  of  the  borough."  A president of a borough or other
      chief executive officer having principal charge of the  streets  of  the
      city.
        18.  "Property"  or  "property  rights."  Real  estate, real property,
      lands, rights, terms, interests, privileges, franchises or easements  of
      owners, abutting owners or others.
        19.  "Railroad."  A  rapid  transit railroad, street surface railroad,
      omnibus line, any other transit facility and any railroad  in  the  city
      used  for  local  service  in the transportation of passengers as common
      carriers for hire, jurisdiction  whereof  is  vested  in  the  board  of
      transportation  or the commission whether any such railroad exists or is
      constructed in the future, and  any  portion  thereof  and  the  rights,
      leaseholds  or  other  interests  therein,  together  with the equipment
      thereof and power plants and  other  instrumentalities  used  or  useful
      therefor  or in connection therewith. For the purposes of subdivisions c
      through l of section thirty-four of this chapter  the  term  shall  also
      include  improvements,  additions,  property,  devices and appurtenances
      other  than  rolling-stock,  necessary  either   for   construction   or
      operation.
        20. "Railroad company." The owner, lessee or operator of a railroad.
        21. "Recapture" or "recaptured." The exercise by the city of its right
      to  retake  a  railroad  of  the  city  or  any part thereof leased to a
      railroad company under lease made pursuant to  the  provisions  of  this
      chapter by terminating the lease as to such railroad or any part thereof
      pursuant to and in accordance with its terms and provisions.
        22.  "Street." A public street, marginal street, avenue, road, bridge,
      viaduct, highway, boulevard, driveway, park,  parkway,  dock,  bulkhead,
      wharf,  pier,  ground,  river,  water,  square, place or land within the
      city.
        23. "Sub-surface structures." Galleries, ways, subways or tunnels  for
      pipes,  sewers,  gas  or water pipes or mains, electric wires, conduits,
      and other sub-surface structures and  conductors  proper  to  be  placed
      underground or for the transmission of electricity, steam, water, air or
      other  source  or  means of power or of signals or messages necessary or
      convenient for or in the construction or operation of a railroad, or for
      the transportation of  materials  necessary  for  such  construction  or
      operation  or  to provide temporary or permanent ways or courses for any
      such structures or other means or sources of transportation.
        b. Words in the singular number shall include the plural, and those in
      the plural number shall include the singular.
        c. The term "may" is permissive in character,  and  not  mandatory  or
      directory,  as  to  any action or function to which it is related in the
      text.
        d. The term "shall" is mandatory, except when used as  a  synonym  for
      the term "will" indicating a future tense.