2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › 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.