Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1045-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 2-A
§ 1045-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by
section one thousand forty-five-c of this title, known as the New York
city municipal water finance authority.

2. "Bonds" shall mean 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.

3. "City" shall mean the city of New York.

4. "Comptroller" shall mean the comptroller of the city.

5. "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 water project, as the case may be, as
defined herein; 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 incidental thereto and
claims arising therefrom.

6. "Contracting agency" shall mean any municipality, agency, authority
or board, state agency, public authority or public benefit corporation
authorized to award contracts for design, construction, services or
materials for water projects authorized by this title.

7. (a) "Cost", as applied to any water 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 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
consultants' and legal services, the cost of lease guarantee or bond
insurance, other expenses necessary, reasonably related or incidental to
the construction of such water 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 water project in operation, including
reimbursement to any municipality, state agency, the state, the United
States government, or any other person for expenditures that would be
costs of the water project hereunder.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, with respect to any fund established to support a program
of water projects in Westchester and Putnam counties from the proceeds
of bonds issued pursuant to this chapter, "cost" as applied to any water
project shall also include any interest paid after January twenty-first,
nineteen hundred ninety-seven, without any other limitation as to when
paid and without regard to the availability of any other sources of
payment therefor, on bonds, notes or other evidences of indebtedness
issued by any local governmental entity after January twenty-first,
nineteen hundred ninety-seven to finance expenditures that would
otherwise be costs of such water projects.

8. "Mayor" shall mean the mayor of the city of New York.

9. "Municipal bond" shall mean a bond, note or other evidence of
indebtedness lawfully issued by the city pursuant to the local finance
law or any other law applicable thereto.

10. "Person" shall mean any person, firm, partnership, association, or
corporation organized or existing under the laws of the state or any
other state, exclusive of public corporations as defined pursuant to
article two-A of the general construction law.

11. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands under water, groundwater 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 rights, legal or equitable, including terms
for years and liens thereon by way of judgments, mortgages or otherwise.

12. "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.

13. "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 main, trunk, intercepting,
connecting, lateral, outlet or other sewers, outfall, pumping stations,
treatment and disposal plants, groundwater recharge basins, back-flow
prevention devices, sludge dewatering or disposal equipment and
facilities, clarifiers, filters, phosphorous 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,
treatment, neutralizing, storing and disposing of sewage.

14. "Sewerage system" shall mean the sewage collection, pumping,
treatment neutralizing, storage and disposal system or systems 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.

15. "State" shall mean the state of New York.

16. "State agency" shall mean any state office, department, board,
commission, bureau or division, or other agency or instrumentality of
the state.

17. "System revenues" shall mean 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 or state aid therefor.

18. "Water board" shall mean the water board or a sewer and water
board, as the case may be, created by a special act of the state
legislature, for the city as a body corporate and politic, constituting
a public benefit corporation, and having the powers and duties as
provided in this title.

19. "Water facility" or "water facilities" shall mean any plants,
structures and other real and personal property acquired, rehabilitated,
or constructed or planned for the purpose of supplying, 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, water-works or sources of
water supply, wells, purification or filtration plants or other
treatment plants and works, connections, water meters, rights of flowage
or division and other plants, structures, equipment, conveyances, real
or personal property or rights therein and appurtenances thereto
necessary or useful and convenient for the accumulation, supply,
treatment or distribution of water.

20. "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.

21. "Water system" shall mean the water supply and distribution system
or systems owned by, in the possession of the city or the water board or
under the jurisdiction, control and regulation of the city, including
all additions, increases, enlargements, extensions or improvements
thereto.