Section 40. Definitions  


Latest version.
  • Whenever  used in this article, unless a different
      meaning clearly appears from the context:
        1. "Authority" shall mean a  public  benefit  corporation  created  by
      section  forty-one of this article for the purposes specified in article
      five-I of the general municipal law.
        2. "Government" shall include the state, municipality and the  federal
      government,  and  any agency or instrumentality, corporate or otherwise,
      or any of them acting for and on behalf of the state, a municipality  or
      the federal government.
        3. "State" shall mean New York State.
        4.  "Municipality"  shall  mean  a  city,  town, village or county not
      wholly contained within a city.
        5. "Municipal corporation" shall mean a city, town, village, or county
      not wholly contained within a  city,  special  transportation  district,
      public  benefit  corporation or other public corporation, or two or more
      of the foregoing acting jointly.
        6. "Real Property" shall include lands, waters,  rights  in  lands  or
      waters,  structures,  franchises  and interests in land, including lands
      under water, riparian rights, and air rights,  and  any  and  all  other
      things  and  rights  usually  included within the said term and includes
      also any and all interests in such property less than full  title,  such
      as  easements,  permanent  or  temporary,  rights-of-way,  uses, leases,
      licenses and all  other  incorporeal  heriditaments  and  every  estate,
      interest or right legal or equitable.
        7.  "Personal  property" shall mean chattels and other tangible things
      of a movable or removable nature.
        8. "Property" shall mean both real and personal property.
        9.  "Capital  project"  shall  mean  the  acquisition,   construction,
      reconstruction  or  improvement  of any omnibus, transportation or other
      omnibus transportation capital facility and real  property  and  capital
      equipment  used  in  connection  therewith; including the preparation of
      feasibility  studies,  plans,  specifications  and  estimates  of   cost
      therefor.
        10.  "Municipal project" shall mean any omnibus transportation capital
      project undertaken by a municipal corporation.
        11. "Federal project" shall mean a municipal project aided or financed
      in whole or in part by the federal government.
        12. "State Project" shall mean a municipal project aided  or  financed
      in whole or in part by the state.
        13.  "Project" shall mean a specific work or improvement to effectuate
      all or any part of a plan. A project may be a federal project,  a  state
      project, a municipal project or any combination of these.
        14.  "Project  cost"  shall  mean  the  actual  cost  of any municipal
      project, or the estimated cost of such  project  as  determined  by  the
      commissioner  of  transportation,  whichever  is  lower, plus any direct
      incidental costs approved by the commissioner and the state comptroller.
        15. "Plan" shall mean a plan or undertaking to carry into  effect  any
      municipal project.
        16.   "Governing  body"  shall  mean  (1)  In  a  county,  the  county
      legislative body; (2) in  a  city,  the  board  of  aldermen,  a  common
      council,  commission  or  other  body vested by its charter or other law
      with jurisdiction to enact ordinances or local laws, except  that  in  a
      city  having a population of one million or more, if there be a board of
      estimate, the term "governing body" shall mean such board  of  estimate;
      (3)  in  a  town,  the  town  board; and, (4) in a village, the board of
      trustees.
        17. "Federal assistance" shall mean funds  available,  other  than  by
      loan  from the federal government to the Utica transit authority, either
    
      directly  or  through  allocation  by  the  state,   for   any   omnibus
      transportation capital project.
        18.  "State  Assistance"  shall  mean  funds  available from the state
      government to any omnibus transportation capital project.