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SECTION 1226-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 10
§ 1226-b. 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
two hundred twenty-six-c of this title.

2. "Board of water supply" means the board of water supply of the
city.

3. "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.

4. "City" means the city of Utica, Oneida county.

5. "Civil service commission" means the civil service commission of
the county of Oneida.

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

7. "Construction" or "constructed" means the acquisition, erection,
building, alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a water facility; 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 and claims arising therefrom.

8. "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, personal and mixed,
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 water 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 guarantee, bond insurance or other credit support
devices and the cost of other expenses necessary or incidental to the
construction of any 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 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.

9. "Council" means the common council of the city.

10. "County" means the county of Oneida, New York.

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

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

13. "Governing body" means the members of the authority or the water
board, as the case may be, constituting and acting as the governing body
of the authority or the water board, as the case may be.

14. "Mayor" means the mayor of the city.

15. "Municipality" means any county, city, town, village, special or
improvement district under the town law or the county law, any other
such instrumentality, including any agency, or public corporation of the
state and the board of water supply, or any of the foregoing or any
combination thereof located or operating within or partly within the
service area.

16. "Person" means any natural person, firm, partnership, association,
joint venture or corporation, exclusive of a public corporation as
defined pursuant to article two-A of the general construction law.

17. "Project" means any water facility, including the planning,
development, financing or construction thereof.

18. "Properties" means the water facility or facilities of the water
board, whether situated within or without the territorial limits of the
service area, including the plants, works, structures, instrumentalities
or part thereof and appurtenances thereto, real property, or any other
property incidental to and included in such facility or facilities or
part thereof, and any improvements, extensions and betterments.

19. "Real property" means lands, structures, franchises, rights and
interests in land, air space, waters, land underwater, 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.

20. "Revenues" means all rates, fees, charges, payments and other
income and receipts derived from the operation of the properties of the
water board 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.

21. "Service area" means the area comprising the entirety of each
municipality in which water was provided by the city or the board of
water supply on the date on which this title becomes effective, as such
area shall hereinafter be expanded or decreased, from time to time, by
special act of the state legislature.

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

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

24. "Water board" means the corporation created by special act of the
state legislature as provided in section one thousand two hundred
twenty-six-e of this title.

25. "Water facility" or "water facilities" means any plants,
structures and other property, real, personal or mixed, acquired,
rehabilitated, 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.