New York Property Under Board Of Education; Care And Control; Suits In Regard Thereto.
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§ 521. Property under board of education; care and control; suits in
regard thereto. a. The title to all property, real and personal,
heretofore or hereafter acquired for school or educational purposes, and
also the title to all property, real and personal, purchased for school
or educational purposes with any school moneys, whether derived from the
issue of bonds or raised by taxation, shall be vested in the city, but
under the care and control of the board of education for the purposes of
public education, recreation and other public uses.
b. Suits in relation to such property shall be brought in the name of
the board of education.
c. The city shall have power to take and hold any property, real or
personal, devised or bequeathed or transferred to it for the purposes of
education in said city; but such property shall be under the care and
control of the board of education for the purposes of public education,
recreation and other public uses in the city.
d. Not later than the twenty-sixth day of April, the board of
education shall submit to the mayor, the borough presidents and the
council an itemized statement, covering those portions of the city's
capital plant, as defined in section eleven hundred ten-a, which have
been committed to the care and control of the board of education or
officers or employees thereof, by project type and, within project type,
by personal services and other-than-personal services, of the amounts
appropriated for maintenance of such portions of the capital plant in
the previous and current fiscal years as originally adopted and as
modified through the first nine months of the current fiscal year, and
of the amounts actually expended for such maintenance in the previous
fiscal year and through the first nine months of the current fiscal year
and the amounts estimated to be expended for such purpose during the
balance of the current fiscal year; and, an explanation of the
substantive differences, if any, between the amounts actually expended
for such maintenance in the previous fiscal year or projected to be
expended for such purpose in the current fiscal year and the amounts
originally appropriated for such purpose for such years.
e. Not later than the first day of February of the year two thousand
and three and on a quarterly basis thereafter, not later than May first,
August first, November first, and February first of each year, the
chancellor of the city school district shall submit to the council an
itemized statement covering the status of every school capital project
that was completed during the immediately preceding fiscal quarter or
not completed but for which funding was appropriated. This statement
shall include, but not be limited to, the following information for each
such project: (1) the total amount appropriated for the school capital
project; (2) the original and current total estimated cost of the school
capital project, disaggregated by project phase, including, but not
limited to, scope, design, and construction; (3) the projected or actual
start and end date of each such project phase; (4) the total amount
expended on the project as of the last day of the immediately preceding
fiscal quarter, disaggregated by project phase; (5) a clear explanation
of the reasons for any projected or actual cost overrun of ten percent
or more of the total estimated cost of the project; (6) a clear
explanation of the reasons for any delay of sixty days or longer with
respect to any phase of the project and (7) the name, office phone
number and e-mail address of the project manager, or person responsible
for reporting on the project, within three months of appropriation for
the school capital project.
f. The chancellor of the city school district shall provide additional
electronic notification to the council within thirty days of learning of
any of the following with respect to any school capital project: (1) any
projected or actual delay of sixty days or more with respect to any
phase of the project and (2) any projected or actual change of ten
percent or more of the total estimated cost of the project. The
chancellor of the city school district shall also provide the
information required by this subdivision to the council member who
represents the district in which the project is located.
g. The office of management and budget shall provide electronic
notification to the council immediately upon issuing a certificate to
proceed for every school capital project. The office of management and
budget shall also provide the information required in this subdivision
to the council member who represents the district in which the project
is located.
h. For purposes of subdivisions e, f, and g, "school capital project"
shall mean: (1) any project included in any current or prior five-year
educational facilities capital plan; and (2) any capital project for a
school facility for which funding was appropriated to the department of
education or its successor pursuant to sections two hundred eleven, two
hundred forty-nine, or two hundred fifty-four.