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§ 210. Definitions. As used in this charter:
1. The term "capital project" shall mean:
(a) A project which provides for the construction, reconstruction,
acquisition or installation of a physical public betterment or
improvement which would be classified as a capital asset under generally
accepted accounting principles for municipalities or any preliminary
studies and surveys relative thereto or any underwriting or other costs
incurred in connection with the financing thereof.
(b) The acquisition of property of a permanent nature including wharf
property.
(c) The acquisition of any furnishings, machinery, apparatus or
equipment for any public betterment or improvement when such betterment
or improvement is first constructed or acquired.
(d) Any public betterment involving either a physical improvement or
the acquisition of real property for a physical improvement consisting
in, including or affecting:
(1) Streets and parks;
(2) Bridges and tunnels;
(3) Receiving basins, inlets and sewers, including intercepting
sewers, plants or structures for the treatment, disposal or filtration
of sewage, including grit chambers, sewer tunnels and all necessary
accessories thereof; or
(4) The fencing of vacant lots and the filling of sunken lots.
(e) Any other project allowed to be financed by the local finance law,
with the approval of the mayor and the comptroller.
(f) Any combination of the above.
2. The term "pending" shall mean not yet completed.
3. The term "standards" for each category of capital projects to
which they apply shall include: maximum gross and net areas allowed;
types of programs which may be operated in the facility; performance
requirements for environmental systems; allowable materials and
finishes; maximum areas allowed for different functions and activities;
approximate cost limits per square foot of construction; and such other
items designated by the mayor or by resolution of the council.
4. The term "scope of project" or "proposed scope of project" shall
mean a description of a capital project included in the capital budget
that contains specific guidelines for the design and implementation of
such project consistent with the standards for the appropriate category
of capital projects and includes each of the following items of
information which are relevant to the capital project involved:
(a) Purposes and public to be served;
(b) Programs to be conducted in the facility;
(c) Gross and net amounts of space and bulk for any building or
structure and for areas for different functions and activities;
(d) Identification of required architectural, engineering or other
consultants and estimated fees for such consultants;
(e) Estimated completion dates for scope, design and construction;
(f) Total estimated project costs, including costs for site
acquisition, preparation and tenant relocation, design, construction and
equipment;
(g) Estimated expenditures for the project for each fiscal year until
its completion;
(h) Estimated annual costs to operate programs within the facility
when fully staffed and to maintain the facility; and,
(i) Such other information as shall be required by the mayor or by
resolution of the council.
5. The term "cost" shall include the contract liabilities and
expenditure incurred for work in carrying out the physical improvement
and interest thereon, and the compensation to be made to the owner of
any real property acquired for the improvement as determined by a court
or by agreement, and interest thereon.
6. The term "expenses" shall mean any expenses incurred in relation
to an assessable improvement exclusive of cost and of damages assessed
by the board of assessors.
7. The term "street," as used in this chapter, shall include street,
avenue, road, alley, lane, highway, boulevard, concourse, parkway,
driveway, culvert, sidewalk, crosswalk, boardwalk, and viaduct, and
every class of public road, square and place, except marginal streets.
8. The term "real property" shall include all lands and improvements,
lands under water, water front property, the water of any lake, pond or
stream, all easements and hereditaments, corporeal or incorporeal, and
every estate, interest and right, legal or equitable, in lands or water,
and right, interest, privilege, easement and franchise relating to the
same, including terms for years and liens by way of judgment, mortgage
or otherwise.