Section 521. Property under board of education; care and control; suits in regard thereto
Latest version.
-
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.