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 1199-BB*2
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-E*
* § 1199-bb. Definitions. As used or referred to in this title, unless
a different meaning clearly appears from the context:

1. "Authority" means the corporation created by section one thousand
one hundred ninety-nine-dd of this title.

2. "Bonds" means 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.

3. "Civil service commission" means the civil service commission of
the county.

4. "Comptroller" means the comptroller of the state.

5. "Construction" means the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a water system; the
inspection and supervision thereof; and the engineering, architectural,
legal, fiscal and economic investigations and studies, surveys, designs,
plans, working drawings, specifications, procedure and other actions
preliminary or incidental thereto.

6. "Cost" as applied to any project, includes the cost of
construction, the cost of the acquisition of all property, including
real property and other property, both real and personal and improved
and unimproved, the cost of the 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, machines, 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 guarantee, bond insurance, other credit support device 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 funds
from the proceeds of such bonds and the financing of the placing of any
project in operation, including reimbursement to the county, or any
municipality, state agency, the state, the United States government, or
any other person for expenditures that would be costs of the project
hereunder had they been made directly by the authority.

7. "County" means the county of Orange.

8. "County executive" means the county executive of the county.

9. "County legislature" means the county legislature of the county.

10. "District" means the Orange county water district created by
section one thousand one hundred ninety-nine-cc of this title.

11. "Distribution system" means 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 such water.

12. "Governing body" means the members of the authority constituting
and acting as the governing body of the authority.

13. "Municipality" means any county, city, town, village, improvement
district under the town law, any other such instrumentality, including
any agency, or public corporation of the state, or any of the foregoing
or any combination thereof.

14. "Person" means any natural person, partnership, association, joint
venture or corporation, exclusive of a public corporation.

15. "Project" means any water facility.

16. "Properties" means the water system or systems of the authority,
whether situated within or without the territorial limits of the
district, including the plants, works, structures, instrumentalities or
part thereof and appurtenances thereto, real property, water facilities,
or any other property incidental to and included in such system or
systems or part thereof, any improvements, extensions and betterments.

17. "Real property" means lands, structures, franchise, rights and
interests in land, waters, land under water, 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 right, legal or equitable, including terms for years
and liens thereon by way of judgments, mortgages or otherwise.

18. "Revenues" means all rates, fees, charges, payments and other
income and receipts derived from the operation of the properties of the
authority including, without limiting the generality of the foregoing,
investment proceeds and proceeds of insurance, condemnation, and sale or
other disposition of assets, together with all federal, state or
municipal aid, if any.

19. "State" means the state of New York.

20. "State agency" means any state officer, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.

21. "Supply facility" means a water facility employed to make
groundwater, surface water or water to be purchased from the city of New
York, the New York city municipal water finance authority, New York city
water board or any agency or instrumentality thereof, available for
delivery into a transmission facility or distribution system.

22. "Transmission facility" means a water facility used to carry water
from a supply facility to a distribution system.

23. "Water facility" or "water facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of accumulating, supplying,
transmitting, treating or distributing water, including but not limited
to surface or groundwater reservoirs, basins, dams, canals, aqueducts,
aqueduct taps, 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, contract rights,
franchises, approaches, connections, permits, water meters, rights of
flowage or diversion and other plants, structures, equipment, vehicles,
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.

* NB There are 2 § 1199-bb's