Capital Projects and Budget

NYC Admin. Code tit. 5, ch. 1

in effect

NYC Admin. Code § 5-101 Definitions.

§ 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.

NYC Admin. Code § 5-102 Additional items in report of comptroller. [Repealed] (Repealed L.L. 2023/069, 5/29/2023, eff. 6/28/2023)

NYC Admin. Code § 5-103 Departmental estimates; details.

§ 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.

NYC Admin. Code § 5-104 Departmental estimates; not submitted on time.

§ 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.

NYC Admin. Code § 5-105 Adoption of capital budget not authorization for expenditures.

§ 5-105 Adoption of capital budget not authorization for expenditures. The adoption of the capital budget shall in no way constitute an authorization to proceed with the expenditure of the funds except as provided in section two hundred twenty-eight of the charter.

NYC Admin. Code § 5-106 Capital projects; contracts; certification of debt incurring power.

§ 5-106 Capital projects; contracts; certification of debt incurring power. Before any contract for any of the projects authorized within the capital budget shall be approved by the mayor, the comptroller shall certify in writing to the mayor that there is sufficient margin of constitutional debt-incurring power legally to enable the registration of such contract or contracts within such constitutional limitation.

NYC Admin. Code § 5-107 New York city housing development corporation capital reserve fund.

§ 5-107 New York city housing development corporation capital reserve fund. So long as any notes or bonds of the New York city housing development corporation issued pursuant to article twelve of the private housing finance law shall be outstanding and unpaid, amounts needed for the purpose of restoring the capital reserve fund to the maximum capital reserve fund requirement pursuant to such article are hereby authorized to be paid to the corporation for deposit therein from the sources specified in paragraph e of subdivision one of section six hundred fifty-six of such law; provided, however, that no such amounts are authorized to be paid in notes or bonds of the corporation issued for the purpose of making loans pursuant to article eight of the private housing finance law. However, such payments may be made, notwithstanding the issuance of notes and bonds of the corporation for the purpose of making loans pursuant to article eight of the private housing finance law provided that: (1) the corporation shall have delivered to the council a report describing the site selection criteria, standards for development plans, management program and other safeguards it will impose in making loans pursuant to article eight of the private housing finance law, which said report shall in any event be delivered to the council no later than August eight, nineteen hundred seventy-two; (2) the aggregate amount of loans to be made by the corporation pursuant to article eight of the private housing finance law for any fiscal year of the city shall be set forth in a statement which shall accompany the proposed executive capital budget (but not be considered a part thereof), as submitted to the board of estimate and council pursuant to section two hundred nineteen of the charter, and such aggregate amounts shall be adopted, and may thereafter be amended, in accordance with the procedures set forth in chapter nine of the charter for the adoption and amendment of the capital budget; and (3) the chairperson of the corporation shall certify with respect to each mortgage loan issued pursuant to article eight of the private housing finance law that the estimated revenues from the mortgage property, including subsidies, after rehabilitation will be sufficient in amount to secure repayment of the loan and interest thereon and to pay all of the necessary expenses of the mortgagor relating to such property.

NYC Admin. Code § 5-108 Public online capital project database.

§ 5-108 Public online capital project database. Upon the publication of the public online capital projects database created by the taskforce established by section two of the local law that added this section, an agency or office designated by the mayor shall maintain such public online capital projects database on the city website, and update the information contained in such database on a triannual basis pursuant to a schedule determined by such agency or office, and may otherwise modify the database as deemed appropriate by such agency or office consistent with the substantial continuation of the content of the database. Any agency implementing a capital project for which information or data is published in the public online capital projects database shall include a link to the website containing the public online capital projects database on such agency's website. (L.L. 2020/037, 3/13/2020, eff. 3/13/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/037.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-2201Fetched: 10/24/2026