2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › 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.