2021 New York Laws
PBA - Public Authorities
Article 5 - Public Utility Authorities
Title 6-D - Alfred, Almond, Hornellsville Sewer Authority
1147-A - Definitions.

Universal Citation: NY Pub Auth L § 1147-A (2021)
§  1147-a.  Definitions.  As  used  in  this title, unless a different
meaning clearly appears from the context:
  1. The term "authority" shall mean the corporation created by  section
eleven hundred forty-seven-c of this title.
  2.  "Board  of  directors"  shall  mean  the  governing  board  of the
authority.
  3.  "Bonds"  shall  mean  the  bonds,  notes  or  other  evidences  of
indebtedness issued by the authority.
  4.  "Calendar  year  and  official  year"  shall mean the twelve month
period from January first through December thirty-first.
  5. "Chief executive officer" when referring to  a  municipality  shall
mean the chief elected official of such municipality and, when referring
to the authority, shall mean the chairperson of the authority.
  6.  "Civil service commission" shall mean the civil service commission
of the county of Allegany.
  7. "Comptroller" shall mean the comptroller of the state of New York.
  8. The term "project" shall mean a system of trunk,  intercepting  and
connecting, lateral and outlet sewers, pumping and ventilating stations,
disposal   or  treatment  plants  or  works  and  other  appliances  and
structures, which in the judgment  of  the  authority  will  provide  an
effectual  and  advantageous  means  for  relieving  the  area which the
authority encompasses and any waters within or passing  through  or  any
ground  waters  from  pollution  by  the  sewage  and  waste of the area
encompassing the authority  and  relieving  such  area  from  inadequate
sanitary  drainage  and  for  the  sanitary disposal or treatment of the
sewage thereof, or  such  sections  or  parts  of  such  system  as  the
authority  may  from  time  to  time  deem  it  proper  or convenient to
construct, consistent with the plan or purpose of this title.
  9. "Construction" shall mean the negotiation,  acquisition,  erection,
building,   alteration,  improvement,  testing,  increase,  enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a sewer facility of a project as defined herein; the  inspection  and
supervision   thereof;   and   the  engineering,  architectural,  legal,
appraisal, fiscal, economic and environmental  investigations,  services
and  studies, surveys, designs, plans, working drawings, specifications,
procedures and other actions incidental thereto.
  10. "Costs", as applied to any 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 building or structures on lands so acquired including the
cost  of acquiring any land to which such buildings or structures may be
moved or relocated, the cost  of  all  systems,  facilities,  machinery,
apparatus  and  equipment, financing charges and bond discount, interest
to the extent not paid or provided for from revenues or  other  sources,
the   cost   of   engineering   and  architectural  surveys,  plans  and
specifications, bond insurance, bond  credit  enhancement  arrangements,
other  expenses  necessary  or  incidental  to  the construction of such
project and the financing of the  construction  thereof,  including  the
cost of legal and financial advice and credit arrangements with banks or
other financial institutions, the amount authorized in the resolution of
the  authority  providing  for the issuance of bonds to be paid into any
reserve or special  fund  from  the  proceeds  of  such  bonds  and  the
financing of the placing of any project in operation.
  11.  "County"  shall  mean,  unless otherwise specifically stated, the
county of Allegany.
  12. "Governing body" shall mean:

(a) In the case of a village, county, town or village or district corporation the finance board, as such term is defined in subdivision four of section 2.00 of the local finance law;

(b) In the case of a public benefit corporation, the members thereof. 13. "Members" shall mean the members of the board of directors. 14. "Municipality" shall mean any city, county, town, village or county or town acting on behalf of an improvement district. 15. "Real property" shall mean lands, structures, franchises and interests in lands, waters, lands under water, groundwater riparian rights and air rights and any and all things and rights customarily included within the term "real property" and includes not only fee 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 judgment, mortgages or otherwise. 16. "State sanitary code" shall mean regulations adopted pursuant to section two hundred twenty-five of the public health law. 17. "State" shall mean the state of New York. 18. "State agency" shall mean any state office, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state. 19. "System revenues" shall mean rates, rents, fees, charges, payments, assessments and other income and receipts derived from users of the facilities of the authority without limiting the generality of the foregoing, investment proceeds and proceeds of insurance, condemnation sales or other dispositions of assets together with all federal, state or municipal aid as well as any other income derived from the operation of the sewer facilities of the authority. 20. "Treasurer" shall mean the treasurer of the authority.

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