New York Laws
Title 6 - Albany Municipal Water Finance Authority
1115-A - Definitions.

§ 1115-a. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Agreement" shall mean any agreement entered into by the city
pursuant to section one thousand one hundred fifteen-g or section one
thousand one hundred fifteen-h of this title.

2. "Authority" shall mean the corporation created by section one
thousand one hundred fifteen-b of this title.

3. "Bonds" shall mean 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" shall mean the city of Albany.

5. "Common council" or "council" shall mean the common council of the
city.

6. "Civil service commission" shall mean the civil service commission
of the city.

7. "Comptroller" shall mean the comptroller of the state.

8. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a water, sewerage or
water, and sewerage system or project, as the case may be; 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 preliminary or incidental thereto and claims arising
therefrom.

9. "Contracting agency" shall mean the authority or the water board,
as the case may be.

10. "Cost", as applied to any project, includes 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 consultant
and legal services, the cost of lease guarantee or bond insurance and
the cost of other expenses necessary or incidental to the construction
of 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 fund
from the proceeds of such bonds and the financing of the placing of any
project in operation, including reimbursement to the city, or any
municipality, state agency, the state, the United States government, or
any other person for expenditures that would be costs of the project
hereunder.

11. "Governing body" shall mean 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.

12. "Mayor" shall mean the mayor of the city.

13. "Municipality" shall mean any county, city, town, village,
improvement district under the town law, any other such instrumentality,
including any agency, or public corporation of the state, or any of the
foregoing or any combination thereof.

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

15. "Project" shall mean any water facility, sewerage facility or
water and sewerage facility, including the planning, development,
financing or construction thereof.

16. "Properties" shall mean the water supply and distribution system
or systems of the water board, and sewerage system or systems of the
water board, whether situated within or without the territorial limits
of the city, including the plants, works, structures, instrumentalities
or part thereof and appurtenances thereto, real property, water
facilities, sewerage facilities or any other property incidental to and
included in such system or part thereof, and any improvements,
extensions and betterments.

17. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands underwater, ground water, 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.

18. "Revenues" shall mean rates, rents, fees, charges, payments and
other income and receipts derived from users of a water system or
sewerage 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, state or municipal aid
therefor.

19. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface water as may be
present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.

20. "Sewerage facility" or "sewerage facilities" shall mean any
plants, structures and other real and personal property acquired,
rehabilitated or constructed or planned for the purpose of collecting,
treating and disposing of sewage, including but not limited to main,
trunk, intercepting, connecting, lateral, outlet or other sewers,
outfalls, pumping stations, treatment and disposal plants, groundwater
recharge basins, back-flow prevention devices, sludge dewatering or
disposal equipment and facilities, clarifiers, filters, phosphorus
removal equipment, and other plants, structures, equipment, vehicles,
conveyances, real or personal property or rights therein and
appurtenances thereto necessary or useful and convenient for the
collection, conveyance, pumping, neutralizing, storing and disposing of
sewage.

21. "Sewerage system" shall mean the sewage collection, pumping,
treatment, neutralizing, storage and disposal system or systems owned
by, in the possession of, or under the jurisdiction and control of the
city or the water board, including all additions, increases,
enlargements, extensions or improvements thereto.

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

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

24. "Water board" shall mean the corporation created by a special act
of the state legislature at the request of the city as provided in
section one thousand one hundred fifteen-e of this title.

25. "Water facility" or "water facilities" shall mean any plants,
structures and other real and personal property 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,
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, connections, 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.

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