New York Laws
Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority
1941 - Definitions.

§ 1941. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Auditorium" means the auditorium commonly known as the Utica
memorial auditorium located in the city of Utica, as well as surrounding
lands, including all structures appurtenant thereto, located in the
vicinity of Oriskany street west and Charles street, as the same may be
reconstructed, enlarged or modified from time to time.

2. "Authority" means the corporation created by section one thousand
nine hundred forty-two of this title.

3. "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.

4. "City" means the city of Utica, Oneida county.

5. "Civil service commission" means the civil service commission of
the county of Oneida.

6. "Comptroller" means the comptroller of the state.

7. "Construction" or "Constructed" means the acquisition, erection,
building, alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of the auditorium; 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 and claims arising therefrom.

8. "Cost" as applied to the auditorium, 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 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 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 guarantee, bond insurance or other credit support devices and the
cost of other expenses necessary or incidental to the construction of
the auditorium and the acquisition of property therefor and the
financing of the construction and acquisition of property, 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 the
auditorium 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 auditorium hereunder
had they been made directly by the authority.

9. "Council" means the common council of the city.

10. "County" means the county of Oneida, New York.

11. "County executive" means the county executive of the county.

12. "County legislature" means the county legislature of the county.

13. "Governing body" means the members of the authority, constituting
and acting as the governing body of the authority.

14. "Municipality" means the county and any city, town, village or
school district located within or partly within the service area.

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

16. "Real property" means lands, structures, franchise, rights and
interests in land, air space, 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 fees, charges and other income and receipts
derived from the operation of the auditorium 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. "Service area" means the area comprising the entirety of the city
and of the towns of Deerfield, Kirkland, Marcy, New Hartford, Trenton
and Whitestown, including all villages located entirely or partly
therein.

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

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