New York Laws
Title 2-B - Buffalo Municipal Water Finance Authority
1048-B - Definitions.

§ 1048-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by
section one thousand forty-eight-c of this title, known as the Buffalo
municipal water finance authority.

2. "Bonds" shall mean 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. "City" shall mean the city of Buffalo.

4. "Common council" or "council" shall mean the common council of the
city of Buffalo.

5. "Comptroller" shall mean the comptroller of the city.

6. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a water system or water
project as defined herein; the inspection and supervision thereof; and
the engineering, architectural, legal, fiscal and economic and
environmental investigations and studies, surveys, designs, plans,
working drawings, specifications, procedures and other actions
incidental thereto and claims arising therefrom.

7. "Contracting agency" shall mean any municipality, agency, authority
or board, state agency, public authority or public benefit corporation
authorized to award contracts for design, construction, services or
materials for water projects authorized by this title.

8. "Cost", as applied to any water 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 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,
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
consultants' and legal services, the cost of lease guarantee or bond
insurance, other expenses necessary, reasonably related or incidental to
the construction of such water 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 fund from the proceeds of such bonds and the
financing of the placing of any water 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 water project hereunder.

9. "Mayor" shall mean the mayor of the city of Buffalo.

10. "Municipal bond" shall mean a bond, note or other evidence of
indebtedness lawfully issued by the city pursuant to the local finance
law or any other law applicable thereto.

11. "Person" shall mean any person, firm, partnership, association, or
corporation organized or existing under the laws of the state or any
other state, exclusive of public corporations as defined pursuant to
article two-A of the general construction law.

12. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands under water, groundwater 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 rights, legal or equitable, including terms
for years and liens thereon by way of judgments, mortgages or otherwise.

13. "State" shall mean the state of New York.

14. "State agency" shall mean any state office, department, board,
commission, bureau or division, or other agency or instrumentality of
the state.

15. "System revenues" shall mean rents, fees, charges, payments and
other income and receipts derived from users of a water system of the
city or the water board including, without limiting the generality of
the foregoing, investment proceeds and proceeds of insurance,
condemnation, sale or other disposition of any part thereof, together
with all federal or state aid therefor.

16. "Water board" shall mean the water board created by a special act
of the state legislature, for the city as a body corporate and politic,
constituting a public benefit corporation, and having the powers and
duties as provided in this title.

17. "Water facility" or "water facilities" shall mean any plants,
structures and other real and personal property acquired, rehabilitated,
or constructed or planned for the purpose of supplying, distributing or
treating water, including but not limited to surface or groundwater
reservoirs, basins, dams, canals, aqueducts, standpipes, conduits,
pipelines, mains, pumping stations, water distribution systems,
compensating reservoirs, intake stations, water-works or sources of
water supply, wells, purification or filtration plants or other
treatment plants and works, connections, water meters, rights of flowage
or division and other plants, structures, equipment, conveyances, real
or personal property or rights therein and appurtenances thereto
necessary or useful and convenient for the accumulation, supply,
treatment or distribution of water.

18. "Water project" shall mean any water facility including the
planning, development, financing or construction thereof.

19. "Water system" shall mean the water supply and distribution system
or systems owned by, in the possession of the city or the water board or
under the jurisdiction, control and regulation of the city, including
all additions, increases, enlargements, extensions or improvements
thereto.