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This entry was published on 2014-09-22
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Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 1
§ 2. Definitions. 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

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

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

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

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

d. The term "shall" is mandatory, except when used as a synonym for
the term "will" indicating a future tense.