* § 1122. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. "Authority" means the corporation created by section eleven hundred
twenty-three of this title.
2. "Bonds" means 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.
3. "Civil service commission" means the civil service commission of
the county of Dutchess.
4. "Comptroller" means the comptroller of the state.
5. "Construct", "construction" or "constructed" means the acquisition,
erection, building, alteration, improvement, increase, enlargement,
extension, reconstruction, renovation or rehabilitation of a water,
sewerage or water and sewerage facility, as the case may be; the
inspection and supervision thereof; and the engineering, architectural,
legal, fiscal and economic investigations and studies, surveys, designs,
plans, working drawings, specifications, procedure and other actions
preliminary or incidental thereto.
6. "Cost" as applied to any project, includes the cost of
construction, the cost of the acquisition of all property, including
real property and other property, both real, personal and mixed and
improved and unimproved, the cost of the 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 water facilities, sewerage
facilities, water and sewerage facilities, machines, apparatus and
equipment, financing charges and bond discount, 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 bond or lease guarantee, bond insurance
or any other credit support device and the cost of other expenses
necessary or incidental to the construction of any 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 funds from the proceeds of
such bonds and the financing of the placing of any project in operation,
including reimbursement to the county, 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 had they been
made directly by the authority.
7. "County" means the county of Dutchess.
8. "County executive" means the county executive of the county, being
the chief executive officer of the county.
9. "County legislature" means the county legislature of the county.
10. "Distribution system" means the water facility or facilities
employed to deliver water from a transmission facility, or where there
is no transmission facility, from a supply facility, to the ultimate
consumers of water.
11. "Governing body" means the members of the authority constituting
and acting as the governing body of the authority.
12. "Municipality" means any county, city, town, village, or
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.
13. "Person" means any natural person, partnership, association, joint
venture or corporation, exclusive of a public corporation.
14. "Project" means any water, sewerage or water and sewerage
facility, as the case may be.
15. "Properties" means water, sewerage or water and sewerage facility
or facilities, including the plants, works, structures,
instrumentalities or part thereof and appurtenances thereto, real
property, or any other property incidental to and included in such
facility or facilities or part thereof, and any improvements, extensions
and betterments.
16. "Real property" means lands, structures, franchise, rights and
interests in land, waters, lands under 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.
17. "Revenues" means all rates, fees, charges, payments and other
income and receipts derived from the operation of the properties of the
authority including, without limiting the generality of the foregoing,
investment proceeds and proceeds of insurance, condemnation, and sale or
other disposition of assets, together with all federal, state or
municipal aid, if any.
18. "Sewage" means 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.
19. "Sewerage facility" or "sewerage facilities" means 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 main, trunk, intercepting, connecting,
lateral, outlet or other sewers, outfall, 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, treatment,
neutralizing, storing and disposing of sewage.
20. "State" means the state of New York.
21. "State agency" means any state officer, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
22. "Supply facility" means a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
23. "Transmission facility" means a water facility used to carry water
from a supply facility to a distribution system.
24. "Water facility" or "water facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or 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,
aqueduct taps, 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, contract rights,
franchises, approaches, connections, permits, 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.
* NB There are 2 § 1122's
Structure New York Laws
Article 5 - Public Utility Authorities
Title 6-C* - Dutchess County Water and Wastewater Authority
1123*2 - Dutchess County Water and Wastewater Authority.
1124*2 - Powers of the Authority.
1126*2 - Governmental Capacity of the Authority and Municipalities.
1127*2 - Transfer of Officers and Employees.
1128*2 - Bonds of the Authority.
1129*2 - Remedies of Bondholders.
1130*2 - State, County nor Other Municipality, Other Than Authority, Not Liable on Authority Bonds.
1131*2 - Moneys of the Authority.
1132*2 - Bonds Legal Investments for Fiduciaries.
1133*2 - Agreement of the State.
1134*2 - Exemption From Taxes, Assessments and Certain Fees.
1135*2 - Actions Against Authority.
1136*2 - Construction and Purchase Contracts.
1137*2 - Interest in Contracts Prohibited.
1138*2 - Authority to Take Affirmative Action.
1139*2 - Audit, Annual Report and Information.
1141*2 - Environmental Applications, Proceedings, Approvals and Permits.