New York Laws
Title 10-B - Niagara Falls Public Water Authority
1230-B - Definitions.

§ 1230-b. 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 twelve hundred
thirty-c 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. "City" means the city of Niagara Falls, Niagara county.

4. "Civil service commission" means the civil service commission of
the city of Niagara Falls.

5. "Comptroller" means the comptroller of the state of New York.

6. "Construction" or "constructed" means the acquisition, erection,
building, alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of the water facilities and
their associated transmission and distribution systems; of the
wastewater facilities and their associated interceptor and collection
systems, including treatment facilities and pumping stations; and of the
storm water facilities including catch basins, sewers, drainage pipes,
treatment facilities and all appurtenances to such water, wastewater,
and storm water facilities; the inspection and supervision thereof; and
the environmental, engineering, architectural, legal, fiscal, and
economic investigations, services and studies, surveys, designs, plans,
working drawings, specifications, procedures and other actions
preliminary or incidental thereto and claims arising therefrom.

7. "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,
improved and unimproved, 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 system 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 any environmental, engineering and
architectural investigations, surveys, plans and specifications, the
cost of consultant and legal services, the cost of any guarantee or bond
insurance or any other credit support devices and the cost of other
expenses necessary, reasonably related or incidental to the construction
of any 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 the reimbursement to the
city, any municipality, state agency, the state, the United States
government, or any other person for expenditures that would be costs of
any project hereunder had they been made directly by the authority or
the water board.

8. "Council" means the duly elected council of the city of Niagara
Falls.

9. "County" means the county of Niagara, state of New York.

10. "County legislature" means the county legislature of the county of
Niagara.

11. "Executive director" means the executive director or chief
executive officer of the water board, or any other person duly appointed
or delegated to perform such duties by the governing body of the water
board.

12. "Facilities" means any of the properties of the authority or the
water board or any other real property, personal or mixed property
controlled, leased, or operated by the authority or the water board
which is used or intended to be used in the system or in furtherance of
their respective corporate purposes.

13. "Governing body" means 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.

14. "Mayor" means the mayor of the city of Niagara Falls.

15. "Municipality" means any county, city, town, village, water
district, fire district, fire protection district, school district,
sewer district, special or improvement district, commission, board or
department of the governmental body indicated, any other such
instrumentality, including any agency, or public corporation of the
state, or any of the foregoing or any combination thereof.

16. "Person" means any natural person, firm, trustee, executor,
personal representative, partnership, association, limited partnership,
limited liability company, limited liability partnership, joint venture
or corporation, or other legal entity whatsoever, exclusive of a public
corporation as defined pursuant to article two-A of the general
construction law. The masculine gender shall include the feminine, the
singular shall include the plural where indicated by the context.

17. "Project" means any system-related facility or properties,
including the acquisition, planning, development, financing or
construction thereof.

18. "Properties" means any part of the system or facility of the water
board, whether situated within or without the territorial limits of the
city or the water board's service area, including the plants, works,
structures, instrumentalities or part thereof and appurtenances thereto,
real property, or any other property incidental or appurtenant to and
included in such facility or facilities or part thereof, and any
improvements, extensions and betterments.

19. "Real property" means lands, structures, franchises, rights and
interests in land, air space, waters, land underwater, riparian rights
and air rights and any and all things and rights included within said
term 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 judgments,
mortgages or otherwise.

20. "Revenues" means all rates, fees, charges, payments and other
income and receipts derived from the operation of the system and the
facilities and properties of the water board 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.

21. "Service area" means the area comprising the entirety of the city
on the date on which this title becomes effective. Upon mutual agreement
with any municipality the service area may be expanded to include such
municipality or any portion or part thereof.

22. "State" means the state of New York.

23. "State agency" means any state office, public benefit corporation,
public authority, department, board, commission, bureau or division, or
other agency or instrumentality of the state.

24. "Storm water facility" means any plants, structures and other
property, real, personal or mixed, acquired, rehabilitated, constructed
or planned for the purpose of collecting, conveying, accumulating,

storing, transmitting, draining, discharging or treating storm water,
including, but not limited to, odor control facilities, force mains,
conduits, pipelines, interceptors, mains, pumping stations, flow meters,
sampling stations, pumps, treatment plants and works, outfalls, contract
rights, easements, franchises, approaches, connections, permits, 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
collection, conveyance, accumulation, storage, drainage, discharge,
transmission, or treatment of storm water.

25. "System" means the entirety of all water, wastewater, and storm
water facilities or properties as described herein.

26. "User" means any person or effluent source that directly or
indirectly contributes, causes or permits the contribution of waste into
or through the wastewater or storm water facilities, or any person who
receives or uses water from the water facilities described in this
title.

27. "Waste" means any liquid, solid or gaseous substance, or
combination thereof, that may be introduced into the wastewater or storm
water facilities.

28. "Wastewater facility" means any plants, structures and other
property, real, personal or mixed, acquired, rehabilitated, constructed
or planned for the purpose of collecting, conveying, accumulating,
storing, transmitting, or treating wastewater, including, but not
limited to, odor control facilities, force mains, conduits, pipelines,
interceptors, mains, pumping stations, flow meters, sampling stations,
pumps, piping systems, treatment plants and works, outfalls, contract
rights, easements, franchises, approaches, connections, permits, 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
collection, conveyance, accumulation, storage, transport, treatment,
disposal or reuse of wastewater.

29. "Water board" means the corporation created by special act of the
state legislature as provided in section twelve hundred thirty-e of this
title.

30. "Water facility" or "water facilities" means any plants,
structures and other property, real, personal or mixed, acquired,
rehabilitated, constructed or planned for the purpose of accumulating,
storing, supplying, transmitting, treating or distributing water,
including, but not limited to, surface or groundwater reservoirs,
basins, dams, canals, aqueducts, aqueduct taps, standpipes, conduits,
pipelines, interceptors, 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, storage, treatment or distribution
of water.