State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52 > 2556

§ 2556. Buildings,  sites,  et  cetera.    1.  A board of education is  authorized and it shall have power to purchase, repair, remodel, improve  or enlarge  school  buildings  or  other  buildings  or  sites,  and  to  construct  new  buildings,  subject to such limitations and restrictions  and exceptions as are herein provided.    2. Whenever in the judgment of a board of education it is necessary to  select a new site, or to enlarge a  present  site,  or  to  designate  a  playground  or  recreation  center, or to acquire title to or lease real  property for other educational purposes authorized by this chapter, such  board may take options on  property  desirable  for  such  purposes  but  before  taking  title  thereto  shall  pass  a  resolution  stating  the  necessity therefor, describing  by  metes  and  bounds  the  grounds  or  territory  desired  for each of such purposes, and estimating the amount  of funds necessary therefor. An item for such amount, if funds  are  not  available for the purchase or lease of such property, may be included in  the  next  annual  budget, if not included in a special budget as herein  provided.    3. Whenever in the judgment of a board of education the needs  of  the  city  require  a  new  building for school purposes or for recreation or  other educational purposes authorized by this chapter, or  when  in  its  judgment  a  building should be remodelled or enlarged, such board shall  pass a resolution  specifying  in  detail  the  necessity  therefor  and  estimating  the  amount of funds necessary for such purpose. An item for  such amount, if funds are not available for  the  construction  of  such  building,  may be included in the next annual budget, if not included in  a special budget as herein provided.    4. No site shall be designated except upon a majority vote of a  board  of  education  and  no  building  shall  be  constructed,  remodelled or  enlarged until the plans and specifications therefor are approved by the  board of education.    5. It shall be unlawful for a schoolhouse to  be  constructed  in  the  city  of  New York without an open-air playground attached to or used in  connection with the same.    6. After a site has been selected and plans and specifications  for  a  building  thereon  have  been  approved  as  provided herein, a board of  education in a city having  a  population  of  more  than  four  hundred  thousand but less than one million may, in its discretion, by regulation  deliver  such  plans  and  specifications to the common council or other  local legislative body which may thereupon, in its discretion,  award  a  contract  for  the  erection  of such building in the same manner and in  accordance with  the  provisions  of  law  regulating  the  awarding  of  contracts for the construction of municipal buildings of such city.    7.  a.  The  board  of  education  of  the  city of New York, with the  permission of the department of parks and of the board of estimate,  may  construct  schoolhouses  and  school  playgrounds  upon a portion of the  public parks in the district east of the Bowery and Catharine street and  south of Fourth street in such city.    b. The board of education of the city of New York, with the permission  of the department of parks and recreation and of the board of  estimate,  may construct a temporary schoolhouse upon a portion of a public park in  the   borough   of   Queens,   commonly  referred  to  as  Equity  Park.  Notwithstanding any inconsistent provision of subdivision nine  of  this  section,  such  park  land shall revert to the control and management of  the department of parks and recreation seven years after the date of the  completion of the construction of  such  temporary  schoolhouse  without  further action of the board of education or of the board of estimate.    8.  In  a city having a population of one hundred twenty-five thousand  or more and less than two hundred fifty thousand  in  which  the  commoncouncil,  the  board  of  estimate  and  apportionment  and the board of  contract and supply and the commissioner of public works or  other  city  officials,  or  any one or more thereof, had the authority under the law  in  force  prior  to  June eighth, nineteen hundred seventeen, to erect,  remodel, improve, or enlarge school buildings or to purchase supplies or  real property for any school purpose, such  officers,  board  or  boards  shall  continue  to  possess  such powers and duties and to perform such  functions.    9. When the real property of a city under the control  and  management  of  the  board of education is no longer needed for educational purposes  in the city, such board shall notify the common council of such fact and  in a city having no common council, the  council  or  other  legislative  body  or  the commissioners of the sinking fund, and such common council  or such council or body or such commissioners of the  sinking  fund,  as  the case may be, may then sell or dispose of such property in the manner  in  which  other real property owned by the city may be sold or disposed  of and the proceeds thereof shall be credited to  the  funds  under  the  control  and  administration  of  the  board  of education in such city,  except that in a city where the proceeds of such sales were required  by  statute,  in effect prior to June eighth, nineteen hundred seventeen, to  be paid to the credit of the sinking  fund  established  and  maintained  therein,  the  proceeds  of  such sales shall continue to be paid to the  credit of the sinking fund of such city  as  required  by  statute,  and  except  that  in  a  city  having  a  council or a board of estimate and  apportionment, such council or board may, by resolution,  authorize  the  use of the proceeds of such sale for other municipal purposes.    10. The board of education shall let all contracts for public work and  all   purchase   contracts   to  the  lowest  responsible  bidder  after  advertisement for bids where so required by section one hundred three of  the general municipal law.    10-a. In a city having a population of one  million  or  more  if  the  several  parts  of  the  work  or  labor to be done and/or the supplies,  materials and equipment  to  be  furnished  shall  together  involve  an  expenditure  of  not more than fifteen thousand dollars, the same may be  procured on order awarded to the lowest  responsible  bidder  upon  bids  submitted  without  public advertisement under such regulations as shall  be made by the board  of  education.  Purchases  of  two  hundred  fifty  dollars or less may be made without competition.    11.  In  all  contracts  by  a  board of education, in a city having a  population of  one  million  or  more,  for  the  construction,  repair,  alteration  or  remodeling of buildings or for the purchase of supplies,  furniture or equipment, a stipulation may  be  inserted  for  liquidated  damages for any breach, failure or delay in the performance thereof; and  such  board  of education is authorized and empowered to remit the whole  or any part of such damages  as  in  its  discretion  may  be  just  and  equitable;  and  in  all suits commenced on any such contracts or on any  bond given in connection therewith it shall not be  necessary  for  such  board,  whether  plaintiff  or  defendant,  to  prove actual or specific  damages sustained by reason of any such breach, failure  or  delay,  but  such  stipulation for liquidated damages shall be conclusive and binding  upon all parties.    12. In a city having a population of one million or more  a  board  of  education may make rules and regulations governing the qualifications of  bidders  entering  into  contracts  for the erection and construction of  buildings, and for the alteration of buildings when the entire  cost  of  such  alteration  shall exceed twenty-five thousand dollars. The bidding  may be restricted to those who shall have qualified prior to the receipt  of bids according to standards fixed by the board of education, providedthat notice or notices for the submission  of  qualifications  shall  be  published  in  the  official  publication of the municipality, and in an  appropriate trade journal published in such city,  at  least  once,  not  less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of  qualifications.    13. A board of education, in a city having a population of one million  or more, may through its duly designated officers, agents  or  employees  enter upon public or private property for the purpose of making surveys,  soundings  or  test  borings necessary for the exercise of the powers or  the performance of the duties, of  such  board  of  education,  provided  however,  that  the  mayor  had formally approved the acquisition of the  real property as a school site.

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52 > 2556

§ 2556. Buildings,  sites,  et  cetera.    1.  A board of education is  authorized and it shall have power to purchase, repair, remodel, improve  or enlarge  school  buildings  or  other  buildings  or  sites,  and  to  construct  new  buildings,  subject to such limitations and restrictions  and exceptions as are herein provided.    2. Whenever in the judgment of a board of education it is necessary to  select a new site, or to enlarge a  present  site,  or  to  designate  a  playground  or  recreation  center, or to acquire title to or lease real  property for other educational purposes authorized by this chapter, such  board may take options on  property  desirable  for  such  purposes  but  before  taking  title  thereto  shall  pass  a  resolution  stating  the  necessity therefor, describing  by  metes  and  bounds  the  grounds  or  territory  desired  for each of such purposes, and estimating the amount  of funds necessary therefor. An item for such amount, if funds  are  not  available for the purchase or lease of such property, may be included in  the  next  annual  budget, if not included in a special budget as herein  provided.    3. Whenever in the judgment of a board of education the needs  of  the  city  require  a  new  building for school purposes or for recreation or  other educational purposes authorized by this chapter, or  when  in  its  judgment  a  building should be remodelled or enlarged, such board shall  pass a resolution  specifying  in  detail  the  necessity  therefor  and  estimating  the  amount of funds necessary for such purpose. An item for  such amount, if funds are not available for  the  construction  of  such  building,  may be included in the next annual budget, if not included in  a special budget as herein provided.    4. No site shall be designated except upon a majority vote of a  board  of  education  and  no  building  shall  be  constructed,  remodelled or  enlarged until the plans and specifications therefor are approved by the  board of education.    5. It shall be unlawful for a schoolhouse to  be  constructed  in  the  city  of  New York without an open-air playground attached to or used in  connection with the same.    6. After a site has been selected and plans and specifications  for  a  building  thereon  have  been  approved  as  provided herein, a board of  education in a city having  a  population  of  more  than  four  hundred  thousand but less than one million may, in its discretion, by regulation  deliver  such  plans  and  specifications to the common council or other  local legislative body which may thereupon, in its discretion,  award  a  contract  for  the  erection  of such building in the same manner and in  accordance with  the  provisions  of  law  regulating  the  awarding  of  contracts for the construction of municipal buildings of such city.    7.  a.  The  board  of  education  of  the  city of New York, with the  permission of the department of parks and of the board of estimate,  may  construct  schoolhouses  and  school  playgrounds  upon a portion of the  public parks in the district east of the Bowery and Catharine street and  south of Fourth street in such city.    b. The board of education of the city of New York, with the permission  of the department of parks and recreation and of the board of  estimate,  may construct a temporary schoolhouse upon a portion of a public park in  the   borough   of   Queens,   commonly  referred  to  as  Equity  Park.  Notwithstanding any inconsistent provision of subdivision nine  of  this  section,  such  park  land shall revert to the control and management of  the department of parks and recreation seven years after the date of the  completion of the construction of  such  temporary  schoolhouse  without  further action of the board of education or of the board of estimate.    8.  In  a city having a population of one hundred twenty-five thousand  or more and less than two hundred fifty thousand  in  which  the  commoncouncil,  the  board  of  estimate  and  apportionment  and the board of  contract and supply and the commissioner of public works or  other  city  officials,  or  any one or more thereof, had the authority under the law  in  force  prior  to  June eighth, nineteen hundred seventeen, to erect,  remodel, improve, or enlarge school buildings or to purchase supplies or  real property for any school purpose, such  officers,  board  or  boards  shall  continue  to  possess  such powers and duties and to perform such  functions.    9. When the real property of a city under the control  and  management  of  the  board of education is no longer needed for educational purposes  in the city, such board shall notify the common council of such fact and  in a city having no common council, the  council  or  other  legislative  body  or  the commissioners of the sinking fund, and such common council  or such council or body or such commissioners of the  sinking  fund,  as  the case may be, may then sell or dispose of such property in the manner  in  which  other real property owned by the city may be sold or disposed  of and the proceeds thereof shall be credited to  the  funds  under  the  control  and  administration  of  the  board  of education in such city,  except that in a city where the proceeds of such sales were required  by  statute,  in effect prior to June eighth, nineteen hundred seventeen, to  be paid to the credit of the sinking  fund  established  and  maintained  therein,  the  proceeds  of  such sales shall continue to be paid to the  credit of the sinking fund of such city  as  required  by  statute,  and  except  that  in  a  city  having  a  council or a board of estimate and  apportionment, such council or board may, by resolution,  authorize  the  use of the proceeds of such sale for other municipal purposes.    10. The board of education shall let all contracts for public work and  all   purchase   contracts   to  the  lowest  responsible  bidder  after  advertisement for bids where so required by section one hundred three of  the general municipal law.    10-a. In a city having a population of one  million  or  more  if  the  several  parts  of  the  work  or  labor to be done and/or the supplies,  materials and equipment  to  be  furnished  shall  together  involve  an  expenditure  of  not more than fifteen thousand dollars, the same may be  procured on order awarded to the lowest  responsible  bidder  upon  bids  submitted  without  public advertisement under such regulations as shall  be made by the board  of  education.  Purchases  of  two  hundred  fifty  dollars or less may be made without competition.    11.  In  all  contracts  by  a  board of education, in a city having a  population of  one  million  or  more,  for  the  construction,  repair,  alteration  or  remodeling of buildings or for the purchase of supplies,  furniture or equipment, a stipulation may  be  inserted  for  liquidated  damages for any breach, failure or delay in the performance thereof; and  such  board  of education is authorized and empowered to remit the whole  or any part of such damages  as  in  its  discretion  may  be  just  and  equitable;  and  in  all suits commenced on any such contracts or on any  bond given in connection therewith it shall not be  necessary  for  such  board,  whether  plaintiff  or  defendant,  to  prove actual or specific  damages sustained by reason of any such breach, failure  or  delay,  but  such  stipulation for liquidated damages shall be conclusive and binding  upon all parties.    12. In a city having a population of one million or more  a  board  of  education may make rules and regulations governing the qualifications of  bidders  entering  into  contracts  for the erection and construction of  buildings, and for the alteration of buildings when the entire  cost  of  such  alteration  shall exceed twenty-five thousand dollars. The bidding  may be restricted to those who shall have qualified prior to the receipt  of bids according to standards fixed by the board of education, providedthat notice or notices for the submission  of  qualifications  shall  be  published  in  the  official  publication of the municipality, and in an  appropriate trade journal published in such city,  at  least  once,  not  less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of  qualifications.    13. A board of education, in a city having a population of one million  or more, may through its duly designated officers, agents  or  employees  enter upon public or private property for the purpose of making surveys,  soundings  or  test  borings necessary for the exercise of the powers or  the performance of the duties, of  such  board  of  education,  provided  however,  that  the  mayor  had formally approved the acquisition of the  real property as a school site.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52 > 2556

§ 2556. Buildings,  sites,  et  cetera.    1.  A board of education is  authorized and it shall have power to purchase, repair, remodel, improve  or enlarge  school  buildings  or  other  buildings  or  sites,  and  to  construct  new  buildings,  subject to such limitations and restrictions  and exceptions as are herein provided.    2. Whenever in the judgment of a board of education it is necessary to  select a new site, or to enlarge a  present  site,  or  to  designate  a  playground  or  recreation  center, or to acquire title to or lease real  property for other educational purposes authorized by this chapter, such  board may take options on  property  desirable  for  such  purposes  but  before  taking  title  thereto  shall  pass  a  resolution  stating  the  necessity therefor, describing  by  metes  and  bounds  the  grounds  or  territory  desired  for each of such purposes, and estimating the amount  of funds necessary therefor. An item for such amount, if funds  are  not  available for the purchase or lease of such property, may be included in  the  next  annual  budget, if not included in a special budget as herein  provided.    3. Whenever in the judgment of a board of education the needs  of  the  city  require  a  new  building for school purposes or for recreation or  other educational purposes authorized by this chapter, or  when  in  its  judgment  a  building should be remodelled or enlarged, such board shall  pass a resolution  specifying  in  detail  the  necessity  therefor  and  estimating  the  amount of funds necessary for such purpose. An item for  such amount, if funds are not available for  the  construction  of  such  building,  may be included in the next annual budget, if not included in  a special budget as herein provided.    4. No site shall be designated except upon a majority vote of a  board  of  education  and  no  building  shall  be  constructed,  remodelled or  enlarged until the plans and specifications therefor are approved by the  board of education.    5. It shall be unlawful for a schoolhouse to  be  constructed  in  the  city  of  New York without an open-air playground attached to or used in  connection with the same.    6. After a site has been selected and plans and specifications  for  a  building  thereon  have  been  approved  as  provided herein, a board of  education in a city having  a  population  of  more  than  four  hundred  thousand but less than one million may, in its discretion, by regulation  deliver  such  plans  and  specifications to the common council or other  local legislative body which may thereupon, in its discretion,  award  a  contract  for  the  erection  of such building in the same manner and in  accordance with  the  provisions  of  law  regulating  the  awarding  of  contracts for the construction of municipal buildings of such city.    7.  a.  The  board  of  education  of  the  city of New York, with the  permission of the department of parks and of the board of estimate,  may  construct  schoolhouses  and  school  playgrounds  upon a portion of the  public parks in the district east of the Bowery and Catharine street and  south of Fourth street in such city.    b. The board of education of the city of New York, with the permission  of the department of parks and recreation and of the board of  estimate,  may construct a temporary schoolhouse upon a portion of a public park in  the   borough   of   Queens,   commonly  referred  to  as  Equity  Park.  Notwithstanding any inconsistent provision of subdivision nine  of  this  section,  such  park  land shall revert to the control and management of  the department of parks and recreation seven years after the date of the  completion of the construction of  such  temporary  schoolhouse  without  further action of the board of education or of the board of estimate.    8.  In  a city having a population of one hundred twenty-five thousand  or more and less than two hundred fifty thousand  in  which  the  commoncouncil,  the  board  of  estimate  and  apportionment  and the board of  contract and supply and the commissioner of public works or  other  city  officials,  or  any one or more thereof, had the authority under the law  in  force  prior  to  June eighth, nineteen hundred seventeen, to erect,  remodel, improve, or enlarge school buildings or to purchase supplies or  real property for any school purpose, such  officers,  board  or  boards  shall  continue  to  possess  such powers and duties and to perform such  functions.    9. When the real property of a city under the control  and  management  of  the  board of education is no longer needed for educational purposes  in the city, such board shall notify the common council of such fact and  in a city having no common council, the  council  or  other  legislative  body  or  the commissioners of the sinking fund, and such common council  or such council or body or such commissioners of the  sinking  fund,  as  the case may be, may then sell or dispose of such property in the manner  in  which  other real property owned by the city may be sold or disposed  of and the proceeds thereof shall be credited to  the  funds  under  the  control  and  administration  of  the  board  of education in such city,  except that in a city where the proceeds of such sales were required  by  statute,  in effect prior to June eighth, nineteen hundred seventeen, to  be paid to the credit of the sinking  fund  established  and  maintained  therein,  the  proceeds  of  such sales shall continue to be paid to the  credit of the sinking fund of such city  as  required  by  statute,  and  except  that  in  a  city  having  a  council or a board of estimate and  apportionment, such council or board may, by resolution,  authorize  the  use of the proceeds of such sale for other municipal purposes.    10. The board of education shall let all contracts for public work and  all   purchase   contracts   to  the  lowest  responsible  bidder  after  advertisement for bids where so required by section one hundred three of  the general municipal law.    10-a. In a city having a population of one  million  or  more  if  the  several  parts  of  the  work  or  labor to be done and/or the supplies,  materials and equipment  to  be  furnished  shall  together  involve  an  expenditure  of  not more than fifteen thousand dollars, the same may be  procured on order awarded to the lowest  responsible  bidder  upon  bids  submitted  without  public advertisement under such regulations as shall  be made by the board  of  education.  Purchases  of  two  hundred  fifty  dollars or less may be made without competition.    11.  In  all  contracts  by  a  board of education, in a city having a  population of  one  million  or  more,  for  the  construction,  repair,  alteration  or  remodeling of buildings or for the purchase of supplies,  furniture or equipment, a stipulation may  be  inserted  for  liquidated  damages for any breach, failure or delay in the performance thereof; and  such  board  of education is authorized and empowered to remit the whole  or any part of such damages  as  in  its  discretion  may  be  just  and  equitable;  and  in  all suits commenced on any such contracts or on any  bond given in connection therewith it shall not be  necessary  for  such  board,  whether  plaintiff  or  defendant,  to  prove actual or specific  damages sustained by reason of any such breach, failure  or  delay,  but  such  stipulation for liquidated damages shall be conclusive and binding  upon all parties.    12. In a city having a population of one million or more  a  board  of  education may make rules and regulations governing the qualifications of  bidders  entering  into  contracts  for the erection and construction of  buildings, and for the alteration of buildings when the entire  cost  of  such  alteration  shall exceed twenty-five thousand dollars. The bidding  may be restricted to those who shall have qualified prior to the receipt  of bids according to standards fixed by the board of education, providedthat notice or notices for the submission  of  qualifications  shall  be  published  in  the  official  publication of the municipality, and in an  appropriate trade journal published in such city,  at  least  once,  not  less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of  qualifications.    13. A board of education, in a city having a population of one million  or more, may through its duly designated officers, agents  or  employees  enter upon public or private property for the purpose of making surveys,  soundings  or  test  borings necessary for the exercise of the powers or  the performance of the duties, of  such  board  of  education,  provided  however,  that  the  mayor  had formally approved the acquisition of the  real property as a school site.