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Title 5: Budget; Capital Projects
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Appendix A: Unconsolidated Local Laws
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THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
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Title 25: Department of Mental Health and Retardation [Repealed]
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§ 5-101 Definitions.
As used in this chapter:
   1.   The term "capital project" shall mean:
      (a)   Any physical public betterment or improvement of any preliminary studies and surveys relative thereto, which would be classified as capital expenditures under generally accepted accounting principles for municipalities.
      (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;
         (4)   the fencing of vacant lots and the filling of sunken lots.
      (e)   Any combination of the above.
   2.   The term "pending" shall mean not yet completed.
§ 5-102 Additional items in report of comptroller. [Repealed]
(Repealed L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
§ 5-103 Departmental estimates; details.
The departmental estimates of capital projects submitted pursuant to the provisions of section two hundred fourteen of the charter shall clearly distinguish between those that are for new projects and those that are for the continuance of projects already under way. In the case of pending projects, estimates shall be submitted showing the amount required to continue such projects throughout the next fiscal year, the amount required to complete such projects and the amount already appropriated for such projects. Departmental estimates shall also include detailed estimates of new projects which the head of each agency believes should be undertaken within the ensuing fiscal year and the three succeeding fiscal years. Each departmental estimate shall include the estimated maintenance charges of the project when completed.
§ 5-104 Departmental estimates; not submitted on time.
If a departmental estimate is not submitted on such date as the mayor may direct, the director of management and budget shall cause to be prepared such estimate and data necessary to include a detailed estimate of all capital projects pending or which the director believes should be undertaken within the ensuing fiscal year and the three succeeding fiscal years. In no event later than the fifteenth day of January, or such earlier date as the mayor may direct, the director of management and budget will forward copies of such estimate to the secretary of the board of estimate, the council and each community board and borough board.
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