2. Definitions. a. Unless expressly otherwise provided, whenever used in this chapter, the following terms shall mean or include:
1. "Board of assessors." The board in the city charged with the duty of making assessments for assessable improvements other than those required by law to be confirmed by a court of record.
2. "Board of estimate." The board of estimate or other analogous local authority of the city.
3. "Board of revision of assessments." The board authorized by law finally and conclusively to determine objections to proposed awards or assessments fixed and determined by the board of assessors.
4. "Board of transportation." The board in the city established pursuant to section ten of this chapter.
5. "Bonds." Bonds, corporate stock, debentures, notes and other evidences of indebtedness maturing more than one year after their respective dates, secured or unsecured.
6. "Bondholders." The owners of bonds.
7. "City." A city containing a population of more than one million inhabitants according to the last federal census.
8. "Commission." The public service commission--- state division of the department of public service.
9. "Comptroller." The comptroller, auditor or other chief financial officer of the city.
10. "Contract" or "lease." A contract, agreement, grant, franchise, consent, certificate, authorization, authority, license or any other form whereby rights are granted to use streets for railroads or to construct, equip, provide, maintain or operate railroads.
11. "Corporation counsel." The corporation counsel or other principal legal adviser of the city.
12. "Devices and appurtenances." Devices and appurtenances deemed necessary by the board of transportation or the commission, within their respective jurisdictions, to secure the greatest efficiency, public convenience and safety, including the number, location, description and plans and specifications for the stations, suitable supports, turnouts, switches, sidings, connections, landing places, buildings, structures, platforms, stairways, elevators, telegraph and signal devices, facilities for access to the surface, and other suitable appliances incidental and requisite to what such board or commission, within their respective jurisdictions, may approve as the best and most efficient system of rapid transit in view of the public needs and requirements, including, in its discretion, operation of a railroad or some portion thereof by any device or means, other than separate cars or trains, in the construction of which stationary means for guiding a conveyance in a definite path and means for propelling such conveyance are necessary elements.
13. "Equipment." When used in a contract for equipment of any railroad, shall include all such rolling stock, motors, boilers, engines, wires, ways, conduits and mechanisms, machinery, tools, implements and devices of every nature whatsoever used for the generation or transmission of motive power and including all power houses, and all apparatus and all devices for signaling and ventilation as may be required for the operation of such road and specified in the contract for such equipment.
14. "Facilities." Routes, tracks, extensions, connections, terminals or facilities.
15. "Mayor." The mayor of the city.
16. "Person." A natural person, firm or corporation.
17. "President of the borough." A president of a borough or other chief executive officer having principal charge of the streets of the city.
18. "Property" or "property rights." Real estate, real property, lands, rights, terms, interests, privileges, franchises or easements of owners, abutting owners or others.
19. "Railroad." A rapid transit railroad, street surface railroad, omnibus line, any other transit facility and any railroad in the city used for local service in the transportation of passengers as common carriers for hire, jurisdiction whereof is vested in the board of transportation or the commission whether any such railroad exists or is constructed in the future, and any portion thereof and the rights, leaseholds or other interests therein, together with the equipment thereof and power plants and other instrumentalities used or useful therefor or in connection therewith. For the purposes of subdivisions c through l of section thirty-four of this chapter the term shall also include improvements, additions, property, devices and appurtenances other than rolling-stock, necessary either for construction or operation.
20. "Railroad company." The owner, lessee or operator of a railroad.
21. "Recapture" or "recaptured." The exercise by the city of its right to retake a railroad of the city or any part thereof leased to a railroad company under lease made pursuant to the provisions of this chapter by terminating the lease as to such railroad or any part thereof pursuant to and in accordance with its terms and provisions.
22. "Street." A public street, marginal street, avenue, road, bridge, viaduct, highway, boulevard, driveway, park, parkway, dock, bulkhead, wharf, pier, ground, river, water, square, place or land within the city.
23. "Sub-surface structures." Galleries, ways, subways or tunnels for pipes, sewers, gas or water pipes or mains, electric wires, conduits, and other sub-surface structures and conductors proper to be placed underground or for the transmission of electricity, steam, water, air or other source or means of power or of signals or messages necessary or convenient for or in the construction or operation of a railroad, or for the transportation of materials necessary for such construction or operation or to provide temporary or permanent ways or courses for any such structures or other means or sources of transportation.
b. Words in the singular number shall include the plural, and those in the plural number shall include the singular.
c. The term "may" is permissive in character, and not mandatory or directory, as to any action or function to which it is related in the text.
d. The term "shall" is mandatory, except when used as a synonym for the term "will" indicating a future tense.
Last modified: February 3, 2019