2013 New York Consolidated Laws
RAT - Rapid Transit
Article 1 - (1 - 2) SHORT TITLE AND DEFINITIONS
2 - Definitions.

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